As-Syar'i : Jurnal Bimbingan & Konseling Keluarga
Jurnal AS-SYAR’I pertama kali terbit April 2019 untuk mendukung pengembangan riset dan kajian manajemen, hukum, bimbingan, dan konseling keluarga Islam dalam arti luas ditinjau dari berbagai sudut pandang. Oleh karena itu. jurnal ini akan menampilkan artikel-artikel hasil riset dan kajian teoritis, empiris maupun parktis yang berkaitan dengan hukum, bimbingan dan konseling keluarga Islam.
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<![CDATA[Perceraian dan Akibat Hukumnya di Negara Muslim: ]]>
<![CDATA[Agung Burhanusyihab]]>;
<![CDATA[KM Al Fathur Ikhsan]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2840
<![CDATA[Building a joyful and eternal family (home) based on the One Godhead is one of marriage's objectives. The cornerstone of the home's integrity, however, is threatened by issues that arise between the husband and wife when managing the household. There must be specific grounds given to the court in the event of a divorce between the two parties. Divorce has repercussions on many levels, including the influence on children, shared marital property, and guardianship. This study aims to investigate the effects of divorce in each Muslim nation in more detail. This study draws on literature reviews of books and articles that are relevant to the topic as well as various studies that address the effects of the effects of divorce in different Muslim nations. Keywords: Divorce, Legal Repercussions, Muslim Countries.]]>
<![CDATA[Analisis Peran Advokat Dalam Menangani Perkara Perceraian ]]>
<![CDATA[Nuri Luthfia]]>;
<![CDATA[Fatimah Zahara]]>;
<![CDATA[Siti Aminah]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2845
<![CDATA[This paper aims to analyze the analysis of the role of advocates in handling divorce cases. This paper is a literature study, in which researchers analyze various literature and articles, journals and books. The research results show that advocates are given freedom in carrying out their profession in addition to other rights granted by law, including the right to immunity, the right to obtain information regarding clients and the right to receive an honorarium. The existence of advocates to play a role in providing legal services to parties disputing in marriage, especially divorce which is regulated in Pasal 73 Ayat (1) Undang-Undang Nomor 7 Tahun 1989 Tentang Peradilan Agama. Mengacu pada undang undang nomor 18 tahun 2003. Keywords : Court, Advocate, Divorce]]>
<![CDATA[Pertanggung Jawaban Pelaku Tindak Pidana Penggelapan Dalam Perspektif Hukum KUHP 374 ]]>
<![CDATA[Ine Pebrianti Harahap]]>;
<![CDATA[Hamidatul Luhuriyah]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2846
<![CDATA[The crime of offense in the office is governed by article 374 of the code of criminal code, is a criminal offence from the evasion in the basic form of article 372 of the criminal code.This crime is closely related to morals and belief in someone's honesty which leads to a lie about that belief that takes advantage of the position itself. This research aims to determine the legal regulation of the crime of embezzlement in office, and to know the law enforcement against the perpetrators of the crime of embezzlement in office in Decision Number 112/PID.B/2021/PN. This research uses normative research type. Embezzlement In Office, Embezzlement, Crime]]>
<![CDATA[Wanprestasi terhadap Isi dari Surat Kuasa ]]>
<![CDATA[Ainul Mardhiyah Khaidir]]>;
<![CDATA[Wulan Syaputri]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2848
<![CDATA[This research was conducted with the aim of knowing the action of default on the contents of the power of attorney. This research belongs to the form of descriptive qualitative research, namely by providing an overview of the status of phenomena that occur in research subjects and discussed systematically and rationally. In essence, absolute power is not structured in the Civil Code, but absolute power is applied in legal traffic on the results of its development, which is in accordance with the law based on the principle of freedom of contract, as in Article 1338 paragraph (1) of the Civil Code, which states that every agreement is legally established and based on with the law, then they make it. This article is known to be the basis for freedom in making agreements and freedom of contract. The Panel of Judges also has considerations related to the decision case Number 704/Pdt.G/2017/PN.Mdn which states that if the Defendant breaks a promise alias default, as evidenced by the granting of a power of attorney that has been agreed upon but terminated by one party, and this cannot be revoked or canceled. Keywords: Code of Ethics, Advocate, Power of Attorney.]]>
<![CDATA[Peran Penting Organisasi Advokat Dalam Membentuk Karakter Sesuai dengan Kode Etik Keadovokat di Indonesia ]]>
<![CDATA[Raydatul Maqfirah]]>;
<![CDATA[ Chairany Kartika Sipayung,]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2851
<![CDATA[Advocates are one of the law enforcers in Indonesia, therefore, like other law enforcers in Indonesia, advocates in their formation must be based on special advocacy education which is usually held for 6 months. This was done because syraiah scholars and other law graduates were accepted as advocates, so this special advocacy education was held with the aim of equalizing learning related to advocacy to produce advocates who are in accordance with their functions and duties as advocates. Special education for the advocacy profession is organized by an advocacy organization where PERADI is the parent organization for advocates in Indonesia which was established based on a law so that it has the authority to organize this education. Furthermore, in carrying out special advocacy education, PERADI can partner with other agencies/institutions in the special advocacy education program with the condition that they must first obtain approval from PERADI which is shown through a letter of agreement. And after attending special advocacy education, you don't immediately become an advocate, prospective advocates must take an exam to become an advocate profession and be legalized and appointed as an advocate by an advocate organization which in Article 2 paragraph 2 of Law No. 18 of 2003 states that PERADI is the highest advocacy organization. and then the advocate takes the oath of office so that every advocate in Indonesia does not violate the advocacy code of ethics. In this case, it is explained in Article 30 paragraph 2 of Law No. 18 of 2003 that every prospective advocate who has been appointed as an advocate by an advocate organization based on the Advocate Law, is obliged to become a member of that advocate organization. In the case of this very long and strict examination related to candidates for the position of advocate, it is hoped that all those who will become advocates in Indonesia will not violate their oath of office and violate the advocacy code of ethics and will run according to their advocacy function, namely as advisors and law enforcers who are protected by law in Indonesia. Keywords: role, advocate organization, advocate profession]]>
<![CDATA[Esensi Makna Mitsaqon Ghaliza Terhadap Upaya Membentuk Keluarga Sakinah Dalam Al-Qur’an: ]]>
<![CDATA[Ismaiel Khasan]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2854
<![CDATA[Marriage in Islam recognizes the sentence mitsaqon ghaliza in the Qur'an, which is a very heavy agreement, therefore it must be obeyed by every couple who has entered into a marriage. In family life, Muslims must make religion the foundation and basis for pursuing a life together, religion becomes a guide and guides in various problems of family life in order to create a sakinah family and become part of maintaining a sacred, strong, and sturdy bond in the household. Keywords: mitsaqon ghaliza, religion, sakinah family]]>
<![CDATA[Peran Advokat Dalam Menghadapi Masalah Mafia Peradilan di Indonesia ]]>
<![CDATA[Nurhidayah Hasibuan]]>;
<![CDATA[Rina Siswi Utami]]>;
<![CDATA[Fatimah Zahara]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2860
<![CDATA[The role of an Advocate as a law enforcer who is free and independent guaranteed by laws and regulations becomes very important in the law enforcement process. Based on the Advocate Law, one form of legal services provided by advocates is legal aid (Article 1 point 2 of the Advocate Law). The approach used in this study is normative juridical. In accordance with the normative juridical approach, the source of data in this study is only secondary data, in the form of primary, secondary and tertiary legal materials. The analysis used in this research is descriptive qualitative. The problem to be discussed is whether the existence of the judicial mafia disrupts the credibility of advocates or is it running as it should. From the result of the study that with the presense of the judicial mafia the credibility of advocates is dispruted. Keywords: advocate role, judicial mafia]]>
<![CDATA[Advokat Sebagai Mediator di Luar Pengadilan ]]>
<![CDATA[Dedy Syahputra]]>;
<![CDATA[Rizki Zil Ikram Rambe]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2862
<![CDATA[The implementation of mediation in court still seems formalistic, and can result in a slower case settlement process. Sometimes the decision also cannot produce a decision that benefits both parties and therefore the Advocate is present as a mediator outside the court who can be relied on and transparent. The method used in this research is the normative juridical method where the research is carried out based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to this research. , where research is reviewed from several bibliography and then analyzed carefully. Research shows that Advocates as Mediators outside the court are very good and are very much needed by the community because they can help the community in resolving disputes easily and without new conflicts. Keywords: Violation, Code Out of court, Advocate]]>
<![CDATA[Peranan Advokat sebagai Penegak Hukum ]]>
<![CDATA[Melinna Anggraini]]>;
<![CDATA[Mutiara Sachputri]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2864
<![CDATA[Advocate is a law enforcement and a free, independent and responsible job in enforcing the law guaranteed by law. It means that lawyers have rights, obligations and responsibilities in accordance with the rules of law advocates. According to Law No. 18 Year 2003 concerning Advocates, insisted that, Advocate is a person who is providing legal services both inside and outside the court. Legal services in question are services rendered in the form of lawyers providing legal advice, legal assistance, exercise the power, represent, assist, defend and perform other legal actions in the interests of the client. Keywords : Law Enforcement, Advocate, Court, Legal Advice.]]>
<![CDATA[Motivasi Terselebung Gerakan Politik dan Fundamentalis terhadap Muslim ]]>
<![CDATA[Indra Harahap]]>;
<![CDATA[Muhammad Rahma Doni]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2865
<![CDATA[Fundamentalism, in the dictionary Theories and Schools in Philosophy and Theology is a view that emerged in 1909 and is used generally to designate a particular style of conservative Protestantism. Fundamentalism's aim is to preserve the foundations of faith and to combat attempts to reinterpret the Bible and theology in the light of modern knowledge. There are two approaches to understanding the symptoms of fundamentalism, namely objectivism and subjectivism. From an objectivist perspective, it is understood that fundamentalism arises because religious texts provide such legitimacy. From a subjectivist perspective, which places individuals as subjects who actively define their lives with the outside world, all fundamentalism is not only understood because religious texts teach it that way. As stated above, that the outside world is also an entity that also influences a person in internalizing his religious teachings. The attitude of the Batu Bara people towards political and fundamentalist movements is still very strong and rooted among the elders and native sons of the Batu Bara area who adhere to Malay cultural customs. Batu Bara, which is located in Pesisir Pantai, is one of the regencies in the province of North Sumatra where the majority of the people are ethnic Malays. Keywords: Fundamentalism, School, Politics]]>
