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ETIKA PROFESI HUKUM NOTARIS DITINJAU DARI PEMIKIRAN TIGA NILAI DASAR HUKUM GUSTAV RADBRUCH Muhammad Nur Fikri Abdillah; Salma Nur Rochmah Setya Wardah; Indah Nur Cahyani
JURNAL ILMIAH NUSANTARA Vol. 1 No. 4 (2024): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v1i4.1702

Abstract

In the professional world, there are regulations that must be obeyed and ethics that must be followed. Notaries, as a legal profession, are no exception to the importance of complying with ethics in carrying out their duties. This article discusses the ethics of the notary profession by referring to Gustav Radbruch's thoughts on three basic legal values: justice, legal certainty and benefit to society. Previously, the meaning of the three basic legal values ​​according to Radbruch was presented. This research uses the library research method, collecting literature in the form of books, notes and reports of previous research results. Notaries, as public officials who have the authority to make authentic deeds, are expected to carry out their duties with integrity, fairness and professionalism. The Notary Code of Ethics is a reference in the legal profession. Notary personality ethics include fairness, moral integrity, and honesty towards all parties. The ethics of carrying out notary duties emphasizes professionalism, expertise and extensive experience. Meanwhile, notary service ethics requires considering the social benefits and social impacts of their actions. Gustav Radbruch's thoughts provide a framework for understanding and applying ethics in the notary profession. Justice refers to a fair attitude towards all parties. Legal certainty emphasizes clear and accurate documentation, as well as providing appropriate legal advice. Social utility emphasizes considering the positive impact on society as a whole. By implementing these basic values, notaries can carry out their duties with integrity and professionalism, and contribute to justice and legal certainty in society. Notary service ethics are an important basis for maintaining public trust and carrying out the profession well.
KEPASTIAN HUKUM PERMULAAN MASA IDDAH CERAI TALAK (Studi Komparasi Antara Kompilasi Hukum Islam dan Madzhab Syafi’i) Muhammad Nur Fikri Abdillah; Ahmad Ubaidi Hasbillah
JURNAL ILMIAH NUSANTARA Vol. 1 No. 5 (2024): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v1i5.2603

Abstract

Marriage is one of several contracts (in relationships between humans) and worship (in relationships with Allah SWT) which are both regulated in Islamic law and state law. Islamic religious law, which is based on the Koran and Sunnah, has regulated marriage in such a way that it can be understood by expert scholars in this field. Marriage is also regulated in Law no. 16 of 2019 concerning amendments to Law no. 1 of 1947 concerning Marriage. As a rule of law, Indonesian citizens must comply as much as possible both religiously and administratively with the state. The existence of marriage does not rule out the possibility of divorce. Divorce is the last resort that can be used if a partner is no longer compatible. Likewise, divorce is also regulated in religious law and state law. After a divorce, the woman undergoes an iddah period. The iddah period in Islamic law is calculated from the time the husband pronounces divorce. Meanwhile, in the state law, it is explained in the Compilation of Islamic Law, Article 153. This type of research is normative/library research, namely research by examining library materials, whether from UU, KHI, books, fiqh books or other sources that are appropriate to the topic being studied, where in this type of research the law is what is is in the book/text (law in book) and becomes an expected situation (das solen). Meanwhile, the research method is qualitative research. Qualitative research is research that is intended to understand the phenomena experienced by research subjects. From the results of this research, it can be concluded that the difference between the Compilation of Islamic Law and the Syafi'I Madzhab regarding the beginning of the iddah period for divorce and divorce lies in the time when the iddah period is calculated. The similarity is the mechanism for calculating the iddah period of women who are divorced.