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All Journal Fox Justi : Jurnal Ilmu Hukum
Alfina Yanti
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Position Of Advocate As Law Enforcer In Criminal Trial Process In Indonesia Aini Hasibuan; Alfina Yanti; Aura Dila; Cindi Puspita; Delta Rika Wijaya; Dwita Khansa; Abdul Halim Nasution
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The purpose of this study is to examine the position of advocates in the criminal justice system in Indonesia. This research is important to do in order to strengthen the legal position of an advocate in the criminal justice system in Indonesia. This study uses a normative juridical research method. This research has novel value because it discusses specifically the position of advocates in the criminal justice system in Indonesia. The novelty of this research lies in the issues discussed specifically the position of advocates in the criminal justice system in Indonesia. Based on the results of the study, it is known that an advocate is part of law enforcement in the criminal justice subsystem in Indonesia. Juridically, the position of an advocate has been contained in the provisions of the Law on Advocates. However, this has not been fully embraced by advocates as law enforcers. There needs to be a clear formulation of the provisions of advocates in law enforcement, especially regarding which institutions are the roofs of advocates as law enforcers.
Implementation of Mudharabah Agreement Between Boat Owners and Fishermen in Teluk Meuku Village, Babalan District, Langkat Regency, Reviewed From the View of the Syafi'i School Alfina Yanti; Muhammad Nur Iqbal
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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The aim of this research is to understand how the mudharabah contract is applied between boat owners and fishermen in Meuku Bay Village, Babalan Subdistrict, Langkat Regency, and to examine the perspective of the Shafi'i school regarding its implementation. This study uses a descriptive qualitative approach. Data were obtained from both primary and secondary sources. Data collection techniques included observation, interviews, and documentation. The analysis was conducted through data reduction, data presentation, and conclusion drawing. The agreement between boat owners and fishermen in Meuku Bay Village uses a mudharabah contract that is made orally, without anything written agreement — based solely on mutual trust. This contract emphasizes key points such as the cooperation system, profit- sharing system, and others important elements. The practice of mudharabah in this village align with the Shafi'i school in several aspects : there are two parties involved (the boat owner and the fisherman), capital and profits are shared based on mutual agreement, and the boat owner give bonuses to the fishermen. However, there are also those aspects that contradict the Shafi'i perspective — specifically, when losses occur, the fishermen (as fund managers) bear the burden of compensation, even though according to the Shafi'i school, if the loss is not due to negligence, it should be borne solely by the capital provider without imposing liability on the manager.
Co-Authors Abdul Halim Nasution Aini Hasibuan Aura Dila Cindi Puspita Delta Rika Wijaya Dwita Khansa Muhammad Nur Iqbal