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Sanksi Pelanggaran Kode Etik Advokat   Ary Darma Prastio; M. Irkham; 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 (969.791 KB) | DOI: 10.47467/elmujtama.v3i3.2931

Abstract

This study aims to find out what forms of violations are often committed by an Advocate. Violation becomes a problem if an advocate violates the law, because an advocate has a code of ethics that regulates it in proceedings before a court or helps resolve a case. Advocates must comply with a code of ethics and if they violate it, an advocate will receive sanctions. There are advocates who commit acts of violating the law, such as abusing their duties in defending clients so that the cases they handle win in court. Keywords: Violation, Code of Ethics, Sanctions
Peranan Advokat Dalam Sistem Peradilan Pidana di Indonesia Ismail Adha; Rio Bayu Riansyah Harahap; 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 (921.152 KB) | DOI: 10.47467/elmujtama.v3i3.2932

Abstract

riminal justice is a system created to deal with crime problems that can disturb order and threaten people's sense of security, is one of the community's efforts to control crime so that it is within acceptable limits of tolerance. In the criminal justice system in Indonesia, it is known that there are four institutions that play a role, namely the police which act as an investigative and investigative agency, the prosecutor's office which acts as an institution that carries out prosecutions, the Supreme Court as an institution that oversees judges in the court environment, and Correctional Institutions. The existence of Advocates as law enforcers has been regulated in Article 5 of the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. However, regarding the actual form and place of the Advocate's role as law enforcer, it is still unclear, especially in its role as a supporting component for the realization of an integrated criminal justice system, as a result, criminal law enforcement in Indonesia has not been optimal. This research uses normative legal research methods or literature studies, namely by analyzing UU.RI. No. 18 of 2003 concerning Advocates and UU.RI No. 8 of 1981 concerning Criminal Procedure Code (KUHAP), as well as other laws and regulations and library materials related to the role of Advocates to answer problems. The results of the study show that in terms of form and place, there are 2 (two) roles of advocates as law enforcers, namely (1) the role of advocates in the form of legal assistance to perpetrators based on Article 54 of the Criminal Procedure Code, (2) the role of advocates in the form of legal assistance to victims who regulated outside the Criminal Procedure Code. It is hoped that this will serve as input for law enforcers in upholding law and justice in Indonesia. Keywords: advocate, criminal justice
Kebijakan Hukum Pidana Dalam Mengatasi dan Mencegah Tindak Pidana Berita Bohong (Hoax) Fauziah Lubis; Muhammad Roni Pratama; Ahmad Raihan Mubarak
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 | DOI: 10.47467/elmujtama.v3i3.3119

Abstract

Fake news, also known as Hoax, is becoming increasingly popular for us to hear and is also rife in various media. Starting from print media and online media. Fake news is false or untrue information that is fabricated or distorted from real facts. The problems we discuss in this research include: How is the Criminal Law Policy in Overcoming and Preventing Fraud News Crimes According to Current Positive Law and How Criminal Law Policies are in Overcoming and Preventing Fraud News Crimes in the Future. This research is normative research. The rules regarding fake news (Hoax) which are clearly included in the Criminal Code are contained in Article 390, while the rules regarding fake news (Hoax) contained in the law are contained in law no.11 of 2008 and law no. 1 of 1946. Renewal of Law No. 11 of 2008, namely Law No. 19 of 2016. The role of the government and society is contained in Law Number 19 of 2016 and is listed in articles 40 and article 41. Rules regarding Criminal Acts of Fake News (Hoax) in the renewal criminal law is contained in the 2019 Criminal Code Bill in Article 272. Keywords: Criminal Law Policy; Hoax; Criminal Law Reform.
Pemahaman dan Pengaturan Peran Organisasi Advokat di Indonesia Dalam UU No 18 Tahun 2003 tentang Advokat Erika Nurul Hidayah; Mawaddah Permatasari; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3221

Abstract

This study aims to determine the formation of Advocate Organizations in Indonesia as mandated in Law Number 18 of 2003 concerning Advocates, in fact it has caused a polemic regarding which Advocate Organizations are recognized by the law. As it is known that the 1945 Constitution has provided fundamental protection for freedom of association and assembly, the provisions of that article provide a constitutional basis that every Advocate actually has the right to establish more than one Advocate Organization, so from this it was found a misunderstanding in the Advocate Law, which confuses the notion of an organization and its formation with what is the true meaning of the purpose of establishing a single forum in the Advocate profession. This paper is intended so that the formation of this single forum does not lead to conflicts of struggle between Advocates without prejudice to the freedom and independence of Advocates which is in line with the goals of a modern democratic rule of law which requires the role of the government in the formation of this single forum. Keywords: Understanding, Setting, Organization
Problematika Penegakan Qanun Jinayat di Aceh M. Arif Fadillah A. Tanjung; Firmansyah Firmansyah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3328

Abstract

After the enactment of Qanun No. 6 Year 2014 on (Qanun Jinayat), several problems arose, both internal and external. After the enactment of Qanun No. 6 of 2014 on (Qanun Jinayat), several problems arose, both internal and external problems. Internal problems arise with a variety of problems, facilities and infrastructure are not yet complete, the emergence of polemics about the place of execution of flogging, socialization is still considered insufficient, uneven resolution of Qanun Jinayah enforcement problems in each district / city, the emergence of differences in interpretation in Jinayat cases resolved by Jinayat law and Qanun fostering customary law, between one gampong and another gampong differ in the type of customary sanctions on khalwat, varied in the type of sanctions and law enforcement. More specifically, the internal problems faced in the implementation of Qanun Jinayat in Aceh are from the law enforcement apparatus itself (Wilayatul Hisbah, Police, Attorney General's Office, and Syar`iyah Court) and traditional leaders who have different perceptions of Qanun Jinayat. This not only leads to variations in application, but also often obscures the legal certainty desired by a regulation. The author conducts this research using empirical juridical research method which is a legal research method that uses empirical facts taken directly from the object of research in this case including the Community, University, and Islamic Shari'at Office of Aceh Province either by conducting interviews or direct observation. and with conceptual and statutory approaches using normative juridical methods. The data source used is data obtained indirectly through literature study. The legal materials obtained are then analyzed using descriptive-qualitative analysis to obtain conclusions that can be scientifically accounted for.
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