Advocates In Religious Courts

Aldy Irfansyah

Abstract


This article discusses the legal arrangements governing advocates practising within the Religious Courts and the strategic role they play in the religious justice system. The Religious Courts have an important role in resolving disputes relating to family law and religion. Therefore, advocates practising in the Religious Courts have a great responsibility in assisting the parties involved in the legal process. This article reviews the requirements and obligations of advocates in the Religious Courts, the professional code of ethics, and sanctions for ethical violations. It also discusses the strategic role of advocates in mediation and out-of-court dispute resolution, which can influence the outcome of the cases they handle. With a better understanding of the legal arrangements and strategic role of advocates in the Religious Courts, it is hoped that the religious justice system can function more effectively in carrying out its duties in resolving sensitive and complex legal disputes. The challenge for an advocate to litigate and use their services in the Religious Courts is that not all procedural laws applicable in the Religious Courts are also applicable in the general courts, so some advocates who use their services in the Religious Courts do not fully master the procedural laws applicable in the Religious Courts.

Keywords


Advocates, Legal Arrangements, Strategic Role

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References


The Role of Lawyers in the Islamic Legal Tradition" oleh Dr. Hatem Al-Haj (https://islamichub.co.uk/the-role-of-lawyers-in-the-islamic-legal-tradition/).

"Islamic Legal Theory: Foundations" oleh Harvard Law School Islamic Legal Studies Program (https://ils.law.harvard.edu/islamic-legal-theory-foundations/).

Hadi Daeng Mapuna, Problematika Pelaksanaan Hukum Acara Peradilan Agama, Cet 1; Makasar:CV. Kencana,2003

Republik Indonesia, UU no. 18 tahun 2003 tentang advokat


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