Pariwisata
Vol 12 No 2: Desember 2023 (In Press)

PERAN POS BANTUAN HUKUM ADVOKAT INDONESIA PERSPEKTIF UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN DAN FIQH SIYASAH

Agus Sarifudin (Institut Agama Islam Al-Zaytun Indonesia (IAI AL-AZIS), Indramayu)
Abdur Rahim (Institut Agama Islam Al-Zaytun Indonesia (IAI AL-AZIS), Indramayu)



Article Info

Publish Date
16 Dec 2023

Abstract

Conflict resolution in the context of society and the state is carried out by an institution known as the judiciary. This institution has the authority to carry out examinations, assessments, and provide decisions regarding conflicts that are resolved through the judicial process. This authority is known as judicial power, which in practice is carried out by judges whose job is to try and decide cases or problems that arise in society. Essentially, the task of the judge is a noble task. The purpose of this research is to find out the role of the Indonesian Legal Aid Post in providing legal aid from the perspective of the Judicial Power Act number 48 of 2009 and to find out the Fiqh Siyasah review of the role of the Indonesian Legal Aid Post in providing legal aid. The author uses a type of library research (library research). The data source that the author uses is the primary data source, namely a copy of the Judicial Powers Act Number 48 of 2009 concerning Judicial Power, the book Contextualization of Islamic Political Doctrine in Fiqh Siyasa, and the book Imam Al-Mawardi's Translation of Administrative Law and Leadership in Islamic Measures written by Imam al-Mawardi, and secondary data sources, namely, books, theses, theses, journals, documents, laws and regulations, and so on. Article 8 of Law Number48 of 2009 authorizes Posbakum to organize mediation and arbitration. This can help communities resolve disputes amicably and out of court. Thus, in the perspective of Law Number 48 of 2009 concerning Judicial Power, the role of Posbakum is to provide access to legal aid that is fair, equitable and affordable for all levels of society, as well as assisting people in understanding and navigating the various legal problems they face. It also contributes to the overall goals of the justice system in Medina and Indonesia in general. In the context of siyasa fiqh, the role of Posbakum can be understood as part of the government's efforts to provide access to justice for underprivileged citizens. This is in accordance with the principles of social justice in Islamic law. In the context of Islamic law, the role of Posbakum can be assessed based on Islamic principles and values related to justice, social welfare, and granting individual rights. Following are some aspects of Posbakum's role in reviewing Islamic law.

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Journal Info

Abbrev

JIH

Publisher

Subject

Description

Jurnal Ilmiah Hospitality (JIH) is an open-access, peer-reviewed academic journal published by Sekolah Tinggi Pariwisata Mataram (STP Mataram), Indonesia. The journal provides a scholarly platform for researchers, academics, practitioners, and students to disseminate original research and scholarly ...