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All Journal As-Syar'i : Jurnal Bimbingan & Konseling Keluarga

Fatimah Zahara

UIN Sumatera Utara

Author-ID : 5803956

Religion Education Social Sciences Other

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Peranan Advokat sebagai Mediator di Pengadilan Agama Perkara Perceraian Menurut Maqashid Al-Syariah Hajijah Rizkinami Siregar; Aulia Nur Anjani Lubis; Fatimah Zahara
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Rarely do we find win-win cases at this time, even though the judiciary is a case breaker, as well as a settlement of cases. One solution to resolving cases in religious courts in divorce cases is based on the concept of win-win, the difference between sharia advocates and non-shariah advocates is when they provide defense, assistance, and become the power of attorney for and on behalf of their clients sharia advocates based on the principle of mutual help, as well as sticking to his beliefs, namely the teachings of Islam, an advocate who acts as a mediation in divorce cases is better left to a competent advocate, namely a sharia advocate because sharia advocates themselves are guided by Islamic teachings by always carrying out their profession properly in accordance with religious directives Islam (maqashid sharia). Meanwhile, based on the task, there is no difference between sharia advocates and non-sharia advocates, namely defending the interests of society and its clients in upholding justice. Keywords: Advocates, Mediators, Maqasid al-syariah.

Penegakan Restorative Justice Dalam Perkara Pidana di Indonesia Lisa Dewi Rafika Br.Siregar; Toibah Hasibuan; Fatimah Zahara
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

In practice, law enforcement agencies often hear the term restorative justice. In the current era, Indonesian criminal law reform is needed in the handling of criminal cases, especially by prioritizing restorative approaches to justice. Restorative justice is an attempt to solve a criminal case, to repair and make amends for the wrongs committed by the perpetrator (their family) to the victim (their family). In the process of resolving criminal matters with a restorative justice approach, the community's position is given not only that of the perpetrator or victim, but also the broader role of observer or enforcer of crime settlement agreements. Restorative justice enforcement focuses more on the conditions for bringing justice and reparation to the perpetrators of crimes and to the victims themselves. The issue discussed in this study is the application of restorative justice in criminal cases using prescriptive legal methods of descriptive analysis. This means you get a detailed and comprehensive picture based on legal norms and principles and legal regulations. Governing law, legal theory and doctrine, jurisprudence, and other literary studies. The results of this study indicate that the application of restorative justice approaches must be used as a legal basis. It should be highly integrated as a foundation and guide for all law enforcement agencies. Law Enforcement and Courts. Keywords: Keywords: Law Enforcement, Restorative Justice, Criminal Cases

Kekuatan Keterangan Saksi Verba Lisan (Saksi Penyidik) Dalam Kitab Undang-Undang Hukum Acara Pidana Mayang Sekar Ningrum Nasution; Siti Hairani Siregar; Fatimah Zahara
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Verbal witnesses are investigators whose participation in court is not mandated by the Criminal Procedure Code, but who are frequently presented in court when the defendant withdraws all or part of the minutes of examination (BAP) filed before investigators at trial. “The goals of this study are to determine the legitimacy of verbal witness statements and their link to” Article 184 of the Criminal Procedure Code concerning legal evidence, as well as to determine how verbal witness statements influence judge choices in Indonesian cases today. This is normative legal research, also known as research on legal systematics. Research on legal systematics is a study of legislation or written law. The goal is to identify the fundamental conditions of rights and responsibilities, legal events, legal connections, and legal objects. The study and discussion results indicate that: first, the statement of an oral verbal witness is valid if given under oath, and the judge's statement from the verbal witness can be used as evidence in court; second, the testimony of verbal verb witnesses is limited to what is recorded by the investigative witnesses during the investigation process, so it becomes the full responsibility of the judge to conclude that the revocation of the warrant is justified. Keywords: statement, verbal witnesses, KUHAP

Analisis Peran Advokat Dalam Menangani Perkara Perceraian Nuri Luthfia; Fatimah Zahara; Siti Aminah
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

This paper aims to analyze the analysis of the role of advocates in handling divorce cases. This paper is a literature study, in which researchers analyze various literature and articles, journals and books. The research results show that advocates are given freedom in carrying out their profession in addition to other rights granted by law, including the right to immunity, the right to obtain information regarding clients and the right to receive an honorarium. The existence of advocates to play a role in providing legal services to parties disputing in marriage, especially divorce which is regulated in Pasal 73 Ayat (1) Undang-Undang Nomor 7 Tahun 1989 Tentang Peradilan Agama. Mengacu pada undang undang nomor 18 tahun 2003. Keywords : Court, Advocate, Divorce

Peran Advokat Dalam Menghadapi Masalah Mafia Peradilan di Indonesia Nurhidayah Hasibuan; Rina Siswi Utami; Fatimah Zahara
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

The role of an Advocate as a law enforcer who is free and independent guaranteed by laws and regulations becomes very important in the law enforcement process. Based on the Advocate Law, one form of legal services provided by advocates is legal aid (Article 1 point 2 of the Advocate Law). The approach used in this study is normative juridical. In accordance with the normative juridical approach, the source of data in this study is only secondary data, in the form of primary, secondary and tertiary legal materials. The analysis used in this research is descriptive qualitative. The problem to be discussed is whether the existence of the judicial mafia disrupts the credibility of advocates or is it running as it should. From the result of the study that with the presense of the judicial mafia the credibility of advocates is dispruted. Keywords: advocate role, judicial mafia

Transparansi Advokat sebagai Profesi yang Terhormat (Officium Nobile) Fatimah Zahara; Fikri Fadhilah Fahmi; Mulya Hasbi
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

This paper aims to provide input on the integrity of advocates, who are free and independent and cannot be separated from their responsibilities based on a code of ethics. This paper is library research, where the approach in this legal research uses statutory and conceptual approaches. The research results show that the behavior of an advocate who adheres to the code of ethics reflects an attitude of obedience to God Almighty, the Law on Advocates, and their Clients. The integrity of an advocate must be fought for, so that it is worthy of being called officium mobile. The integrity of an advocate is seen as having to be on a par with the freedom he gets, his independence, and a sense of responsibility. So that advocates should maintain their integrity as an advocate and behave according to the advocate's code of ethics. However, upholding the code of ethics has so far experienced many obstacles in its enforcement, especially in the absence of a single organization for advocates that is strictly and clearly regulated.. Keywords: Integrity, Advocate, Honorable

Co-Authors Aulia Nur Anjani Lubis Fikri Fadhilah Fahmi Hajijah Rizkinami Siregar Lisa Dewi Rafika Br.Siregar Mayang Sekar Ningrum Nasution Mulya Hasbi Nurhidayah Hasibuan Nuri Luthfia Rina Siswi Utami Siti Aminah Siti Hairani Siregar Toibah Hasibuan

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