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Efektivitas Advokat sebagai Mediator Zulfikri Zulfikri; Alif Randi Ramadhan; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (862.375 KB) | DOI: 10.47467/as.v5i3.2991

Abstract

Mediation is an initial step in the court process. This step is taken before entering into the trial process. In the mediation process it is hoped that both parties can reconcile with each other in their case. so that the mediation process is increasingly encouraged so that it can accelerate the process of resolving a dispute. In the mediation process, of course, the role of the mediator is the key to the success of mediation. Experienced mediators can of course bring together the two parties who are in dispute and reconcile it. Mediators themselves are not only limited to the court environment. However, mediators from outside the scope of the court also have a strategic role in the mediation process. An advocate is considered to have good skills in carrying out this mediation process, because an advocate has a deeper relationship with his clients. It is hoped that the inclusion of an advocate as a mediator can actually resolve the problem without any party feeling disadvantaged and the results of the mediation can be better understood by the litigants. Keywords: Advocate, law and Legal Profession
Penerapan Restorative Justice Dalam Penyelesaian Perkara Tipiring (Tindak Pidana Ringan) Januar Januar; Tengku Maulana Syah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.178 KB) | DOI: 10.47467/as.v5i3.3076

Abstract

Settlement of cases using the litigation route in practice does not always go according to what is expected and aspired to by the Indonesian people. because the settlement of cases using the litigation route in the current criminal justice system actually creates new problems, for example the pattern of punishment that is still retaliatory in nature, causes a buildup of cases, does not pay attention to the rights of victims, is not in accordance with the principle of simple justice. But the process is long, complicated and expensive, the settlement is legal and rigid, does not restore the effects of crime, does not reflect justice for society and so on. Even though the law is actually made to provide justice and benefits for humans which is reflected in the values of Pancasila. Seeing these various phenomena, in recent developments a new concept has emerged, namely the concept of restorative justice. The concept or approach of restorative justice is considered to be able to overcome various problems in the criminal justice system as mentioned above. Settlement of ordinary crimes with mild motives can be reached by means of penal mediation called a restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community by interpreting criminal acts. Restorative justice is also a new framework of thinking that can be used in response to a crime for law enforcement in Indonesia. This research will discuss the application of restorative justice in the settlement of minor crimes. This research is a normative legal research which is descriptive analytical. The approach used is a statutory approach, a conceptual approach and an approach to legal principles (Azhar, 2019). Keywords: restorative justice, application of the concept, misdemeanors
Implementasi Hak Imunitas Advokat Dalam Melakukan Pembelaan terhadap Klien Dinda Nurul Khotimah;  Tiara Nabila; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (976.12 KB) | DOI: 10.47467/as.v5i3.3123

Abstract

Legal disputes are a constant in everyday people's lives. The legal dispute in question cannot be satisfied by using deliberation for consensus, so it must be satisfied by using legal channels. To assist in the resolution of such legal disputes, which must be confirmed by a court of law, professional legal advice is required. Professional advice in question can be obtained from legal advice given by a lawyer. Advocates as the only legal practitioners in Indonesia have the professional integrity needed to carry out their work. In particular, Article 16 of Law no. 18 of 2003 concerning Advocates states that advocates may not be contacted either privately or openly when launching their capacity to get clients. When the lawyers in question are giving legal advice, especially when they are negotiating with other parties, problems suddenly arise. Based on the results of research that the implementation of the advocate's immunity rights has not been fully implemented in accordance with the provisions in Article 16 of Law Number 18 of 2003 concerning Advocates. This can be seen from the majority of the opinions of law enforcement respondents in the City of Magelang and its surroundings. The factors that impede the implementation of advocate immunity rights are divided into l2 l(two), lnamely linternal lfactors l(advocate lbehavior lthat ldoes lnot lrespect lthe lcode lof lethics lof lthe ladvocate lprofession land ladvocate lorganizations lthat lare ldivided) land lexternal lfactors l(other llaw lenforcers l(investigators, lprosecutors, ljudges) l) land lthe lpublic l(opposing lparties lor lthe lvictim's lfamily) lwho ldo lnot lknow lor ldo lnot lunderstand land/or lunderstand lthe lexistence lof ladvocate limmunity lrights]. lThe lsolution lto lthis lproblem lis lto lform la lsingle lbar lfor ladvocate lorganizations l(single lbar) lthat lcan lmonitor ladvocate lbehavior land lcan ldefend ladvocate lrights lthat lhave lbeen lviolated land lestablish lproportional lcooperative lrelationships l(according lto ltheir lrespective lduties, lfunctions land lauthorities) lwith lother llaw lenforcers. l(investigators, lprosecutors, ljudges) lin lupholding lthe ljustice lsystem lin lIndonesia.
Peranan Advokat sebagai Penegak Hukum Melinna Anggraini; Mutiara Sachputri; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.059 KB) | DOI: 10.47467/elmujtama.v3i3.2850

Abstract

Advocate is a law enforcement and a free, independent and responsible job in enforcing the law guaranteed by law. It means that lawyers have rights, obligations and responsibilities in accordance with the rules of law advocates. According to Law No. 18 Year 2003 concerning Advocates, insisted that, Advocate is a person who is providing legal services both inside and outside the court. Legal services in question are services rendered in the form of lawyers providing legal advice, legal assistance, exercise the power, represent, assist, defend and perform other legal actions in the interests of the client. Keywords : Law Enforcement, Advocate, Court, Legal Advice.
Advokat sebagai Mediator di Luar Pengadilan Dedy Syahputra; Rizki Zil Ikram Rambe; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (927.724 KB) | DOI: 10.47467/elmujtama.v3i3.2875

Abstract

The implementation of mediation in court still seems formalistic, and can result in a slower case settlement process. Sometimes the decision also cannot produce a decision that benefits both parties and therefore the Advocate is present as a mediator outside the court who can be relied on and transparent. The method used in this research is the normative juridical method where the research is carried out based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to this research. , where research is reviewed from several bibliography and then analyzed carefully. Research shows that Advocates as Mediators outside the court are very good and are very much needed by the community because they can help the community in resolving disputes easily and without new conflicts. Keywords: Violation, Code Out of court, Advocate
Bentuk-Bentuk Pelanggaran Kode Etik Advokat Muhammad Fathony; Akbar Maulana; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (930.355 KB) | DOI: 10.47467/elmujtama.v3i3.2876

Abstract

A violation is an act that violates the provisions of the law, and each violation carries a penalty that must be done to compensate for the violation. Every profession has a code of conduct which is to monitor the conduct of the profession so that it does not violate the law. There are different types of violation of the law of ethics; one of them is the abstraction of justice by the lawyer who creates a false report. The application of the code of ethics for lawyers and the legal profession is very important, because it can be a guide for legal professionals, including lawyers. This code of conduct has been established so that a lawyer knows what his rights and responsibilities are and what he can and cannot do. The code of ethics is kept in writing, because it has the function of a human control system that prevents interference from others. Keywords: Forms of Violations, Code of Ethics, Advocates.
Pandangan Islam Mengenai Surat Kuasa Profesi Advokat dengan Al-Wakalah  Ditinjau dari Ayat-Ayat Al-Qur’an dan Hadis Denni Herdiansyah; Muhammad Royhan; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1061.04 KB) | DOI: 10.47467/elmujtama.v3i3.2927

Abstract

Indonesia as a state of law based on Pancasila and the constitution of the Republic of Indonesia year 1945, Indonesia is a country with a majority Muslim population, which makes Islam dominant in governing its people in every line of life It includes the teachings of truth, honesty, and justice that a person of law enforcement in Indonesia must possess. Advocate is one of the professions of law enforcement in Indonesia that have dedicated itself to the interests of the community and have contributed to the establishment of justice and truth. so the advocate profession has been called the “Officium Nobile" profession. In Islam, everything has been arranged in such a way that the welfare of Muslims is realized. This includes the matter of deputy representation in an affair (al-wakalah). n carrying out their duties as advocates, clients often represent themselves to advocates in litigating in court (legal Representation, due to matters that cannot be abandoned by the client or lack sufficient legal knowledge in litigation in court or because of the statutory requirements due to the threat of more than five years of confinement. So a power of attorney is issued that makes the basis for an advocate to have a case representing his client in court. In article 1792 KuhPer it is explained that a power of attorney is an agreement by which a person gives to another person who receives it on his behalf conducting an affair. The method used is normative juridical writing type, Research library data collection techniques (libraries) that emphasize sources of information from legal books, journals, papers, and opinions that have a relevant relationship to the problem under study. The result of this paper is a description of the harmony of the concept of power of attorney in Islam with a review of the verses of the Qur'an and Hadith. Keywords : Verses of the Qur'an, Hadith, Power of attorney, and al-Wakalah. Keywords: Verses of the Qur'an, Hadith, Power of attorney, and al-Wakalah.
Pernan Advokat Dalam Memberikan Bantuan Hukum Kepada Masyarakat Dalam Perspektif Hak Asasi Manusia Abdau Abdi Chaniago; Mahdi Nasution; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1005.334 KB) | DOI: 10.47467/elmujtama.v3i3.2928

Abstract

Legal aid has an important position in every criminal, civil and state administrative justice system, including in Indonesia. The concept of legal aid relates to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. Legal aid is carried out by legal aid providers who are oriented towards noble values, namely the humanitarian aspect to fight for human rights to live in prosperity and justice. This paper aims to find out the role of advocates in law enforcement and to find out the obstacles they face in upholding the law, especially in defending their clients in the Pemko Medan area. Advocates in Pemko Medan, especially those who are members of the Indonesian Advocates Association Organization (AAI). Keywords:: Advocate, Legal Aid, Human Rights
Urgensi Kode Etik Profesi Advokat Mhd Alwin; Ahmad Irpan; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (917.603 KB) | DOI: 10.47467/elmujtama.v3i3.2929

Abstract

The Advocate profession is related to the task of serving the community to help solve the legal problems it faces. In carrying out their duties, advocates are guided by the Advocate Law, but legal norms are considered insufficient, because professional advocates are associated with behavior that is often influenced by the moral ethics of advocates in every decision making. For this reason, in carrying out their duties, they still need ethical guidelines as guidelines in carrying out their professional duties. In this regard, defenders of the Professional Code of Ethics are indispensable in guiding the behavior of Advocates in making decisions and ethical behavior. Keywords: Urgency, Code of Ethics, lawyer
Tanggung Jawab Profesi Advokat Dalam Pendampingan Hukum Perkara Pidana terhadap Klien Rizki Ananda Utami(; Sari Ramadani(; Fauziah Lubis
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 3 No 3 (2023): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (982.171 KB) | DOI: 10.47467/elmujtama.v3i3.2930

Abstract

Advocate is a law enforcement and a free, independent and responsible job in enforcing the law guaranteed by law. It means that lawyers have rights, obligations and responsibilities in accordance with the rules of law advocate. On going professional duties, advocates are expected to act professionally and don’t discriminate in providing advice legal to the clients. Through the legal services provided, advocate stints the profession for justice under the law for the benefit of justice seekers, including efforts to empower communities to realize their fundamental rights before the law. Keywords: Responsibility, Advocate, Legal Assistance
Co-Authors Abdau Abdi Chaniago Ade Yusrah Hasanah Adji Prasetia Agustina Berutu Ahmad Irpan Ahmad Raihan Mubarak Aina Fazira Aina Kholilah Lubis Ainul Mardhiyah Khaidir Aja Maimuna Akbar Maulana Alif Randi Ramadhan Amalia Nurzannah Amanda Fildzah Sagala Annisa Radila Tarigan Ary Darma Prastio Aulia Fahira Hanan Aulia Nisma Chandra Akbar Saputra Chantika Andini Saragih Dea Ratna Sari Siregar, Dedy Syahputra Denni Herdiansyah Dinda Nurul Khotimah Erika Nurul Hidayah Fauza Az-Zahra Jambak Firmansyah Firmansyah Fitrah Humairah Hamidatul Luhuriyah Hikmah Amna Mnr Ibnu Ilham Pratama Indra Pratama Ine Pebrianti Harahap Iqbal Yudha Pratama Ismail Adha Izzatunnada Izzatunnada Januar Januar Kharunnisa Kharunnisa Khofifah Nabila Lara Nopi Dayanti M. Arif Fadillah A. Tanjung M. Irkham M. Ridho Hakim M. Yusuf Alfi Syahrin Sir M.Raja Parluhutan Rambe Maharani Maharani Mahdi Nasution Mawaddah Permatasari Meilisa Naiborhu Melinna Anggraini Melisa Siregar Mhd Alwin Miswar Nasution Muhammad Fathony Muhammad Roni Pratama Muhammad Royhan Muthia Erina Nasution Mutiara Sachputri Nabila Yasmine Al Khanis Nisa Permata Sari Nur Dalilah Harahap Nurhidayati Nurhidayati Nursaidah Rambe Ratih Syahputri Raydatul Maqfirah Rio Bayu Riansyah Harahap Rizki Ananda Utami( Rizki Zil Ikram Rambe Rudi Pratama Sahrizal Rambe Sari Ramadani( Sri Wardani Sirait Syifauzzahrah Syifauzzahrah Tengku Maulana Syah Tety Marlina Tarigan Tri Nastiya Vivin Kadriani Matondang Wahda Hilwani Damanik Widya Kusvie Ayuningtyas Wiwied Sekar Arum Wulan Syaputri Zahra Hayati Zulfan Baihaqi Zulfikri Zulfikri  Chairany Kartika Sipayung,  Tiara Nabila