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As-Syar'i : Jurnal Bimbingan & Konseling Keluarga

as
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Published by Institut Agama Islam Nasional Laa Roiba Bogor

ISSN : 26564807 EISSN : 26568152 DOI : https://doi.org/10.47467/as

Core Subject : Religion, Education, Social,

Religion Education Social Sciences Other

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.

Arjuna Subject : Ilmu Sosial - Pendidikan

Articles 425 Documents

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Kekuatan Keterangan Saksi Verba Lisan (Saksi Penyidik) Dalam Kitab Undang-Undang Hukum Acara Pidana Mayang Sekar Ningrum Nasution; Siti Hairani Siregar; 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

Verbal witnesses are investigators whose participation in court is not mandated by the Criminal Procedure Code, but who are frequently presented in court when the defendant withdraws all or part of the minutes of examination (BAP) filed before investigators at trial. “The goals of this study are to determine the legitimacy of verbal witness statements and their link to” Article 184 of the Criminal Procedure Code concerning legal evidence, as well as to determine how verbal witness statements influence judge choices in Indonesian cases today. This is normative legal research, also known as research on legal systematics. Research on legal systematics is a study of legislation or written law. The goal is to identify the fundamental conditions of rights and responsibilities, legal events, legal connections, and legal objects. The study and discussion results indicate that: first, the statement of an oral verbal witness is valid if given under oath, and the judge's statement from the verbal witness can be used as evidence in court; second, the testimony of verbal verb witnesses is limited to what is recorded by the investigative witnesses during the investigation process, so it becomes the full responsibility of the judge to conclude that the revocation of the warrant is justified. Keywords: statement, verbal witnesses, KUHAP

Akad Nikah Jarak Jauh: Studi Fatwa MUI Perspektif Maqasid Syari’ah Eka Mardianingsih; Ahmad Rezy Meidina
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

Eka Mardianingsih, Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta ekamardianingsih92@gmail.com, ABSTRACT This article discusses long-distance marriage contracts using the MUI fatwa study from the maqasid sharia perspective. Marriage contracts are generally carried out in close proximity, not remotely, but in this paper we will discuss long-distance marriage contracts with a focus on MUI fatwas using literature. The findings in this study are that a marriage contract is said to be valid if the pillars and conditions of marriage are met and cannot be reduced in any way. What is meant by the unification of the "ittihad al-majlis" contract assembly is that the consent and acceptance must be carried out within the time interval contained in one marriage contract ceremony, without interrupting other activities. Thus, if there is no unity between the assembly for pronouncing consent and the assembly for pronouncing consent, or a break between the assembly for pronouncing consent and the assembly for pronouncing consent, then the marriage contract is considered invalid. Clearly successive and not intermittent is another word for the unification of the assembly of the contract "ittihad al-majelis. Keywords: marriage ceremony, long distance, MUI, maqasid al-shariah

Penegakan Hukum terhadap Peredaran Rokok Ilegal Melalui Kantor Bea Cukai Medan Kamaludin Kamaludin; Mhd Yadi Harahap
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

Indonesia is a developing country. as a developing country, Indonesia takes advantage of state revenue from Customs and Excise. Customs and Excise is held responsible by the Directorate General of Customs. One of the things he is responsible for is cigarettes. Even though the cigarette customs and excise authority has been held, The legal permits marked still not acquired by the cigarette companies with excise stamps by customs in the city of Medan, which these companies have committed violations. This study aims to examine how cigarettes are regulated in the city of Medan where there are no excise stamps, As well as law enforcement actions against traffickers of illicit cigarettes in the city of Medan who do not utilize excise stamps, do so with used excise stamps, do so with false excise stamps, or both. In this study, the normative legal research methodology was used. A conceptual approach is the method used. Interviews were employed in this research as a lawful material collecting method. Primary, secondary, and tertiary data were employed in this investigation. The gathered data is subsequently subjected to a methodical analysis. This investigation discovered that cigarettes produced from chopped tobacco and rolled with paper are those that are sold without excise stamps and are classified as illicit cigarettes, as stated in Law Number 39 of 2007 about modifications to Law Number 11 of 1995 concerning Excise. article 4 paragraph letter (c). Keyword: Customs; Ilegal; Circulation of Cigarettes.

Dampak Psikologis Dan Sosiologis Terhadap Pernikahan Berbeda Setatus Kewarganegaraan Rohma Nafi Elisa
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

The purpose of this research study is to find out the psychological and social impact on marriage of different citizenship status, in terms of the individualism it feels. The method used to see the psychological and sociological impact on marriage with different citizenship status is by using a literature study research method. This literature study (library research) was taken from several journals, books, and news related to issues of marriage between different countries, from a legal, religious, social, psychological perspective and the relationship between the two. The results of this study can be concluded that, the psychological impact that occurs from both partners, namely: (1) Difficulty in achieving goals in marriage, goals in marriages of different nationalities are like clothes that are used during life. Spirits, beliefs and habits that become rules continue to be added to each person who obeys both in his beliefs and society, including in household life. (2) Maintaining two large families from different countries, all risks must be accepted in marriages of different nationality status because everything is a choice made in finding a partner he chooses in marriage. (3) Fighting for influence in decision-making, both partners usually have a role and impact for their children to follow, especially habits in behavior and religion that they believe in. Then the sociological impacts can be concluded, (1) Communication that has not been fully maximized from the two partners, each individual with other individuals must communicate which is the main tool for fellow individuals to know each other and work together as well as make physical and non-physical contact directly or indirectly direct. (2) The socio-cultural differences held between the two partners, family life in different countries are described as examples of the activities of individual persons as part of which will continue to change at any time. Keywords: Inter-Country Marriage, Psychological, Sociological

Peran Tokoh Masyarakat Dalam Pembagian Harta Waris terhadap Anak Angkat Nabilah Falah
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

Adopted children cannot inherit the assets of their adoptive parents and only have rights through a mandatory testament, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the role of community leaders in the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency. This type of research is field research using an empirical juridical approach. The data source used was obtained from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in the qualitative analysis, namely describing, interpreting and interpreting research data by linking role theory (role theory). Based on the results of the study it can be concluded that the role of community leaders in the distribution of the inheritance of adopted children in the Bobosan sub-district is a religious figure who is trusted by the community to be able to make decisions on inheritance distribution by considering the value of more benefit. According to the religious leader, the division of inheritance that occurs is a need for Ḍaruriyat, adopted children who live in dependence to live in their parents' house and continue the business of their adoptive parents. So that the family and the surrounding community consider the adopted child to be the full successor of the assets and efforts of the adoptive parents in order to prioritize the benefit of the adopted child. Keywords: Roles, Religious Leaders, Inheritance, Adopted Children

Perceraian dan Akibat Hukumnya di Negara Muslim: Agung Burhanusyihab; KM Al Fathur Ikhsan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

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.

Analisis Peran Advokat Dalam Menangani Perkara Perceraian Nuri Luthfia; Fatimah Zahara; Siti Aminah
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

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

Pertanggung Jawaban Pelaku Tindak Pidana Penggelapan Dalam Perspektif Hukum KUHP 374 Ine Pebrianti Harahap; Hamidatul Luhuriyah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

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

Wanprestasi terhadap Isi dari Surat Kuasa Ainul Mardhiyah Khaidir; Wulan Syaputri; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

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.

Peran Penting Organisasi Advokat Dalam Membentuk Karakter Sesuai dengan Kode Etik Keadovokat di Indonesia Raydatul Maqfirah; Chairany Kartika Sipayung,; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

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

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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

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

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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