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All Journal Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah As-Syar'i : Jurnal Bimbingan & Konseling Keluarga
Tetty Marlina Tarigan
UIN Sumatera Utara
Religion Economics, Econometrics & Finance Education Social Sciences Other

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Journal : As-Syar'i : Jurnal Bimbingan

 1 
Analisis Pelanggaran Kode Etik Advokat Didalam Persidangan Terkait Penyalahgunaan Keterangan Palsu Oleh Klien Jhody Pujaka; Faishal Nurallamsyah; Tetty Marlina Tarigan
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 (858.134 KB) | DOI: 10.47467/as.v5i3.2990

Abstract

As a constitution based on Pancasila and the Constitution of the Republic of Indonesia 1945, Indonesia guarantees the equality of all people before the law (Equality before law). In the realization and declaration of legal principles in society, the roles and functions of lawyers as free, independent and important professions, apart from judicial and law enforcement agencies such as the police and prosecutors, are important. The purpose of this article is to explain how the implementation of the Code of Ethics is sanctioned against lawyers who commit professional violations in Indonesia, and how lawyers sanctioned for violating the Code of Ethics can challenge. Lawyers are protected by laws, statutes, and codes of ethics in the practice of their profession. The lawyer's code of ethics is the application of assigned duties that must be consistent with the integrated criminal justice system by demanding moral accountability to the client and to God (violation of oath of office, malicious Prohibition of conduct, corruption)1. If an attorney violates the Violations section of the Code of Ethics, the case will be reviewed and heard by the Honorary Council. Keywords: Application; Code of Conduct Sanctions; Advocates
Pertanggungjawaban Pidana Advokat pada Obstruction Of Justice Dalam Perkara Tindak Pidana Korupsi Rahul Fauzan Saragih; Bakti Jaya Negara Pohan; Tetty Marlina Tarigan
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 (1082.018 KB) | DOI: 10.47467/as.v5i3.3027

Abstract

Law No 20 of 2001 concerning Eradication of Corruption which put the act of obstruction of justice becomes part of a corruption and can threaten the advocate profession in protecting the law interests of clients. Advocates have the immunity right during their duties and profession as regulated in Law Number 18 Year 2003 concerning Advocates. This study have aims to know the legal aspect of an advocate in law enforcement of obstruction of justice, also to find out the criminal responsibility of advocate in obstruction of justice that they do in the process of law enforcement for criminal action. This study using the normative method which namely the method used in legal research conducted by examining the literature and addressed to written regulations. This study showed that the immunity right can be applied as far as it's concerning to the criminal procedure that must be fulfilled by advocates both outside and inside the trial to protect the legal concerns of the client. Although the criminal liability of lawyers in obstruction of justice when it is proven to be harmful by conducting unlawful acts to obstruct the process of law enforcement of corruption, it possible to be held professionally and criminal liability. Keyword : Criminal responsibility, Advokat , Obstruction Of Justice
Pro dan Kontra Peraturan Pemerintah No. 26 Tahun 2023 tentang Pengelolaan Hasil Sedimentasi di Laut: Perspektif Fiqh Siyasah Syar’iyyah Reza Aditya; Tetty Marlina Tarigan
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 | DOI: 10.47467/as.v5i3.5230

Abstract

Based on Government Regulation No. 26 of 2023 concerning management of sedimentation results in the sea, this research aims to find out the pros and cons that occur as a result of the ratification of Government regulation No. 26 of 2023 concerning management of sedimentation results in the sea and what is the perspective of siyasah syar'iyyah fiqh on Government regulation No. 26 of 2023 concerning management of sedimentation results in the sea. This research uses a descriptive type of normative juridical legal research to describe the pros and cons of PP No. 26 of 2023 concerning management of sedimentation results in the sea. The data sources are primary data and secondary data, the data collection technique uses qualitative library research in the form of books, scientific journals, language dictionaries and various other literature. The results of the research show that the opening of sea sand exports was opposed by a number of academics, environmental activists, non-governmental organizations and the DPR RI. The academic text that is the basis for drafting this regulation is considered premature, because it is not supported by the results of a comprehensive study regarding the potential distribution, locations of marine sedimentation that can be taken, sedimentation content, safe retrieval technology, and economic risks and prospects. Perspective of Siyasah Syar'iyyah Fiqh on Government Regulation No. 26 of 2023 concerning the management of sedimentation results in the sea is considered not in accordance with established Islamic law. This can be seen from changes in the system that reintroduced sea sand exports after 20 years of non-operation.
Co-Authors Bakti Jaya Negara Pohan Faishal Nurallamsyah Jhody Pujaka Rahul Fauzan Saragih Reza Aditya Wahyuni Nasution Nasution