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All Journal Jurnal Akta Journal on Education
Paet Hasibuan
Universitas Islam Negeri Sumatera Utara
Education Law, Crime, Criminology & Criminal Justice

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Masa Jabatan Pimpinan Organisasi Profesi Advokat melalui Keputusan Mahkamah Konstitusi RI Paet Hasibuan; Muhammad Nurul Azmi; Fauziah Lubis
Journal on Education Vol 5 No 2 (2023): Journal on Education: Volume 5 Nomor 2 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i2.825

Abstract

The 1945 Constitution of the Republic of Indonesia stipulates explicitly that Indonesia is a state based on law. In a constitutional state (rechtsaat) the state recognizes and protects the human rights of every individual. In a contstiutional state,everyone must be treated equally before the law (equality before the law). The principle of rule of law in the life of society and the state requires the role of an advocate as an independent and free profession. So that this freedom result in the absence of laws governing advocate. However, previously Article 38 of Law number 14 of 1970 had indicated the need to regulate the advocate profession in a separate law. After the law on advocate, namely Law No. 18 of 2003 does not yet clearly stipulate the term of office for the heads of advocate organizations. Therefore, the existence of a law that regulates the term of office for the leadershp of an advocate organization is very important in order to provide comfort and peace among fellow advocate professions.
Pandongani Boru Tradition in Padang Lawas Muslim Community Wedding from the Perspective of `Urf Paet Hasibuan; Sukiati Sukiati
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33412

Abstract

Pandongani Boru is a tradition of the Padang Lawas community in which a girl accompanies the bride when she is brought to the martua's house directly after the wedding party is over. If the Pandongani Boru tradition is not carried out, the marriage of the bride and groom is considered invalid by traditional leaders and the community is prohibited from assisting in the implementation of the wedding party. This tradition is not regulated in Islamic law, but to this day the community still implements and dares not abandon this Pandongani Boru tradition. This study aims to find out the views of the Padang Lawas Muslim community towards the Pandongani Boru tradition. In addition, this study also aims to find out the reasons why the people of Padang Lawas still maintain the Pandongani Boru tradition in their marriage ceremony. The next objective of this study is to find out the Pandongani Boru tradition in the Padang Lawas Muslim community based on the `Urf review. By using qualitative research methods, data was collected by interviewing the participants. This study found that the results of the research found by researchers that the Pandongani Boru tradition is a tradition that has been carried out by the community from the past until now. The reason they carry out pandongani is because this tradition does not conflict with Islamic law. And to maintain good customary kinship relations. This research concludes that traditions accepted through the perspective of `Urf can be adopted by Islamic law. And that customary law and Islamic law still coexist harmoniously in Indonesian society. This research contributes to the strengthening of theories of the intersection of Islamic law and customary law in Indonesia.
Co-Authors Fauziah Lubis Muhammad Nurul Azmi Sukiati Sukiati