cover
Contact Name
Dedi Junaedi
Contact Email
dedijunaedi@laaroiba.ac.id
Phone
+628118114379
Journal Mail Official
dedijunaedi@laaroiba.ac.id
Editorial Address
Pusat Riset dan Kajian Strategis (PRKS) Program Studi Ahwalu Syaksiah Fakultas Syariah Institut Agama Islam Nasional (IAI-N) Laa Roiba Jl Raya Pemda Pajeleran Sukahati No 41 Cibinong, Bogor 16913 Telp 021-8757150 HP 08118114379 redaksi-asyari@laaroiba.ac.id
Location
Kab. bogor,
Jawa barat
INDONESIA
As-Syar'i : Jurnal Bimbingan & Konseling Keluarga
ISSN : 26564807     EISSN : 26568152     DOI : https://doi.org/10.47467/as
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.
Articles 425 Documents
Penegakan Restorative Justice Dalam Perkara Pidana di Indonesia Lisa Dewi Rafika Br.Siregar; Toibah Hasibuan; Fatimah Zahara
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (724.271 KB) | DOI: 10.47467/as.v5i2.2709

Abstract

In practice, law enforcement agencies often hear the term restorative justice. In the current era, Indonesian criminal law reform is needed in the handling of criminal cases, especially by prioritizing restorative approaches to justice. Restorative justice is an attempt to solve a criminal case, to repair and make amends for the wrongs committed by the perpetrator (their family) to the victim (their family). In the process of resolving criminal matters with a restorative justice approach, the community's position is given not only that of the perpetrator or victim, but also the broader role of observer or enforcer of crime settlement agreements. Restorative justice enforcement focuses more on the conditions for bringing justice and reparation to the perpetrators of crimes and to the victims themselves. The issue discussed in this study is the application of restorative justice in criminal cases using prescriptive legal methods of descriptive analysis. This means you get a detailed and comprehensive picture based on legal norms and principles and legal regulations. Governing law, legal theory and doctrine, jurisprudence, and other literary studies. The results of this study indicate that the application of restorative justice approaches must be used as a legal basis. It should be highly integrated as a foundation and guide for all law enforcement agencies. Law Enforcement and Courts. Keywords: Keywords: Law Enforcement, Restorative Justice, Criminal Cases
Peran Mediator Dalam Mengurangi Tingkat Perceraian di Pengadilan Agama Medan Wahda Hilwani Damanik; Muthia Erina Nasution; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (726.844 KB) | DOI: 10.47467/as.v5i2.2720

Abstract

Article 1 paragraph (1) explains “Mediation is a way of settling disputes through a negotiation processto obtain an agreement between the parties assisted by a mediator”. Paragraph (2) “A mediator is a judge or other party who has a mediator certificates as a neutral party who assists the partes in the negotiation process to find various possibilities for dispute resolution without resorting to deciding or forcing a settlement”. The mediator has carried out mediation to the maximum to increase the success of mediation, especially in divorce cases. Mediation in the Religious Court is a peace process carried out by a mediator judge between the litigants to reach an agreement with a win-win solution. Keywords: Role, Mediator, Divorce, Religious Courts
Peranan Advokat Sebagai Konsultan Hukum Dalam Penegakan Hukum Pidana di Indonesia Perspektif Undang-Undang Nomor 18 Tahun 2003 Zulfan Baihaqi; M. Ridho Hakim; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i2.2722

Abstract

Article 5 of the law of the Republic of Indonesia Number 18 of 2003 concerning Advocates has regulated the existence of Advocates as law enforcers. Law enforcement is a must for the state to protect its citizens, because law enforcement is upholding the values ​​of truth and justice. Efforts to tackle crime with criminal law are essentially part of criminal law enforcement efforts. Criminal law enforcement is realized through a legal policy that is part of national legal politics. This involves various elements within the state, from legislators, law enforcement officials, to citizens. The role of advocates as professionals who are free, independent and responsible as legal consultants in relation to the implementation of criminal law. such as police and prosecutors. Criminal law is one of the pillars in maintaining the rule of law. Therefore the purpose of this writing is to find out and analyze the role of advocates in enforcing criminal law in Indonesia as in the advocacy law, namely Number 18 of 2003. The writing method used is the normative juridical method. The normative juridical method is library law research which is carried out by examining library materials or mere secondary data. The data collection method itself uses primary data research methods. Primary data was obtained from empirical research on research informants who were considered relevant and representative. Data collection procedures were carried out through library research. Keywords: Advocate, Law Enforcement, Legal Consultant
Edukasi Hukum Keluarga Islam Berbasis Digital Melalui Instagram pada Akun @Familylawnesia Muhammad Arief Ridha Rosyadi
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1060.993 KB) | DOI: 10.47467/as.v5i2.2729

Abstract

This article examines Islamic Family Law education on the Instagram social media space on the @familylawnesia account initiated by Rahmatullah since February 2021. Currently, this account is the most popular Islamic Family Law education account on Instagram. This research is qualitative with library research and then analyzed using qualitative descriptive methods and content analysis based on data from the @familylawnesia account and several sources of documentation related to Islamic education. This data was analyzed based on literature relevant to this research topic. The results of this study indicate that digital-based Islamic family law education on the Instagram account @familylawnesia is carried out by displaying content about Islamic family law that is not limited to conceptual theoretical Islamic family law, but rather dynamic discussion, up to date material and objects of study in issues of Islamic family law from classical to contemporary (present). Thus, making the @familylawnesia account education communication approach more adaptable and felt appropriate in responding to the era of disruption with the industrial revolution 4.0 and the generations that participated in its development. Keywords: Islamic Family Law, Instagram, Disruption and Industrial Revolution
Analisis Investasi Aplikasi Trading Binomo: Studi Kasus Indra Kenz Annisa Radila Tarigan; Dea Ratna Sari Siregar,; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (920.139 KB) | DOI: 10.47467/as.v5i2.2784

Abstract

The crime of money laundering under the guise of investment is very important to be discussed, discussed, and analyzed because now this crime is getting easier to do. One reason is globalization. What is the OJK's steps in the case that is currently happening in the community? How does the Binomo app work? Data collection is done by analyzing from several sources of books and journals, which in this case explains the steps of the OJK as the role of the Financial Supervisory Agency in Indonesia. OJK is a financial supervisory agency with the aim that all financial service activities in the financial services sector are carried out in an orderly, fair, transparent, and accountable manner, considering the currently busy case, namely the crime of money laundering under the guise of investment committed by Indra Kenz. Keywords: Financial Services Authority, Binomo, Indra Kenz
Advokat sebagai Officium Nobile Berasarkan Undang-Undang No. 18 Tahun 2003 tentang Advokat Amalia Nurzannah; Amanda Fildzah Sagala; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (878.506 KB) | DOI: 10.47467/as.v5i2.2788

Abstract

The Advocate profession is an honorable profession (officium nobile) that is subject to a code of ethics by the provisions. The position of an Advocate that is equal to other law enforcers makes Advocates have an important role in the legal order in Indonesia. Seeking truth and justice based on morality, integrity, and knowledge. This study aims to find out how the role of an Advocate as officium nobile is based on Law No. 18 concerning Advocates. By using research methods with a normative juridical approach concerning legal norms and relevant literature. So that the result is that Advocates are referred to as noble professions (officium nobile) because they carry out the task of helping provide justice and enhancing human dignity. The naming of an Advocate as officium nobile is because of the aspect of trust that is carried out to fight for people's rights. As a noble profession, advocates are required to be able to assist free of charge in helping people seek truth and justice. Keywords: Officium Nobile, Justice, Law Enforcement
Peranan Advokat sebagai Mediator di Pengadilan Agama Dalam Perspektif Maslahah Mursalah Wiwied Sekar Arum; Ade Yusrah Hasanah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (834.574 KB) | DOI: 10.47467/as.v5i2.2789

Abstract

Advocate is a law enforcement and free, independent and responsible job in enforcing the law guaranteed by law for the implementation of effort to upload the rule of law. According to Law No, 16 Year 2003 concerning Advocates, insisted that, Advocate is a person who is providing legal services both inside and outside the court that meets the requirements in accordance with applicable regulations. The legal sevices provided by advocates include providing legal consultations, legal assistance, exercising power of attorney, representing, accompanying, defending, and carrying out otjer legal actions in the in the interests of clients. Everyone with the title of advocate must always try to improve the quality of service to the community because advocates are the link between society and the state.Advocate as law enforcement officer also play a role as mediators who assist the mediation process in court.The research method that the authors use is a normative juridical approach.The authority of an advocate practicing in a religious court is the same as an advocate practicing in a general court.The existence of an advocate has an important meaning in providing a solution to the problems faced by someone, especially thos who practice in religious courts. Keywords : Advocate Role, Mediators,Maslahah Mursalah
Urgensi Penegakan Hukum Terkait Kejatahan Tindak Pidana Suap Dalam Etika Profesi Advokat Iqbal Yudha Pratama; Miswar Nasution; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (760.806 KB) | DOI: 10.47467/as.v5i2.2790

Abstract

In Indonesia, Law Enforcement Officials, Including Judges, Prosecutors, Police, And Advocates, Are Responsible For Delivering Justice. Advocates Are Law Enforcement Officers Who Assist Clients Seeking Justice In The Legal System And Provide Legal Aid Services. Assistance Is The Process Of Making It Easier For Clients To Solve Problems When Dealing With The Legal Process. Advocates Are Obliged To Uphold Human Rights And Devote Themselves To The Interests Of Society Rather Than Themselves, Making Their Profession A Noble One. However, It Turns Out That Many Advocates Have Stated That They Have Committed Crimes Since 2005, At Least 22 Advocates Have Been Charged With Corruption Cases, 16 Advocates Have Committed Bribery, Two Advocates Have Provided Inaccurate Information, And Four Others Have Obstructed Investigations. The Results And Discussion Of The Research Show That Criminal Cases Of Bribery Committed By Advocates Can Be Tried By The State Through Law In Statutory Regulations As Stipulated In The Criminal Code, The TPS Law, And The PTPK Law. This Study Aims To How To Enforce The Law On The Crime Of Bribery Committed By Advocates In Carrying Out Their Duties And Profession. The Method Used In This Study Is A Normative Juridical Method By Taking An Approach Through Statutory Regulations. Keywords: Crime, Law Enforcement, Justice
Implementasi Bantuan Hukum Pro Bono dan Pro Deo Dalam Penegakan Hukum di Indonesia Nurhidayati Nurhidayati; Maharani Maharani; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (816.567 KB) | DOI: 10.47467/as.v5i2.2791

Abstract

Law exists in people's lives with the aim of creating justice, order and peace in society where the law applies, the State clearly emphasizes through legislation that every citizen is seen as equal before the law and has the right to equality in legal protection. However, in reality, people with low economic status, or because of their ignorance, are unable to feel the protection and protection of the law in order to fight for justice, this is contrary to the principle of a rule of law, namely demanding guarantees of equality before the law . This research belongs to normative legal research (normative juridical), research using primary legal materials accompanied by secondary legal materials. A statutory approach is used in this study to analyze all related arrangements. In this study will discuss issues regarding implementation and related legal arrangements. The findings in this study indicate that there is an obligation for law enforcers to be able to provide maximum and equitable legal services for all levels of society, be it free legal assistance, pro bono case handling, or pro deo proceedings. The next finding is that there are sanctions for law enforcers who refuse to carry out these obligations. Keywords: Legal Aid, Pro Bono obligations, Pro Deo obligations.
Efektivitas Bimbingan untuk Calon Pengantin Dalam Mewujudkan Keluarga yang Sakinah di Kantor KUA Tembung Kecamatan Percut Sei Tuan Nuh Ahmad Syarodzi Ritonga; Muhammad Darmawan Saputra; Noval Al Nafiz Siregar; Alwi Padly Harahap; Uqbatul Khair
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.494 KB) | DOI: 10.47467/as.v5i2.2803

Abstract

The realization of sakinah family in a marriage requires a sufficient knowledge and understanding of the marriage understanding for couples who will hold a marriage, because potential problems in the family or household at any time can arise and threaten the family integrity even resulting in divorce. Director General of Islamic Community Guidance, since 2009 has issued a Regulation on The Course of Brides-to-be due to consideration of increasing the number of disputes, divorces and domestic violence which are the contributing factors are the lack of knowledge and understanding of the bride and groom about the meaning of home and family life, as well as to realize the life of Sakinah, mawaddah and warrahmah family, also to minimize the number of divorce and domestic violence. In 2013 issued Regulation No. DJ- II/542 on Guidelines for The Implementation of Premarital Courses as the basis for the implementation of premarital guidance by subdistrict KUA. In this study, researcher formulated two research problems, namely how to implement the implementation of sakinah family guidance in Percut Sei Tuan Subdistrict KUA, and how effective is the guidance of the Sakinah family in KUA Percut Sei Tuan Subdistrict. Keywords: Implementation, Guidance and Sakinah Family