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Dedi Junaedi
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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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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
Pemahaman dan Pengaturan Peran Organisasi Advokat di Indonesia Dalam UU No 18 Tahun 2003 tentang Advokat Erika Nurul Hidayah; Mawaddah Permatasari; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3221

Abstract

This study aims to determine the formation of Advocate Organizations in Indonesia as mandated in Law Number 18 of 2003 concerning Advocates, in fact it has caused a polemic regarding which Advocate Organizations are recognized by the law. As it is known that the 1945 Constitution has provided fundamental protection for freedom of association and assembly, the provisions of that article provide a constitutional basis that every Advocate actually has the right to establish more than one Advocate Organization, so from this it was found a misunderstanding in the Advocate Law, which confuses the notion of an organization and its formation with what is the true meaning of the purpose of establishing a single forum in the Advocate profession. This paper is intended so that the formation of this single forum does not lead to conflicts of struggle between Advocates without prejudice to the freedom and independence of Advocates which is in line with the goals of a modern democratic rule of law which requires the role of the government in the formation of this single forum. Keywords: Understanding, Setting, Organization
Nikah Siri Perspektif Islam dan Kristen: Nurwinda Herman⁴; Hasrima Dinda Pardede; Fitriani Fitriani
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3230

Abstract

Marriage is a sacred and noble contract between a man and a woman as legal husband and wife with the aim of achieving a sakinah, mawaddah wa rahmah family, full of wisdom and mutual support. Islam advocates for marriage. Because it has a good influence on the perpetrators themselves, society and all mankind. Lately, the phenomenon of unregistered marriage has given an interesting impression. First, unregistered marriage seems to have really become a trend that is not only practiced by the general public, but also practiced by community figures who so far are often referred to by the terms kyai, dai, ustad, cleric, or other terms that mark a person's ability to study religion. (Islam). Second, unregistered marriage is often placed as an option when someone wants to be polygamous for a number of reasons. Keywords: Siri Marriage, Islamic Perspective, Christian Perspective
Resiliensi Remaja Korban Kekerasan Seksual di Kota Langsa Raju M Akbar Syahputra; Mawardi Siregar
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3252

Abstract

This is a new author's manual and a template for As-Syar’i: Jurnal Bimbingan & Konseling Keluarga. Sexual violence can occur from various circles, including toddlers, children, adolescents and adults. The impact of sexual violence causes various psychological, physical and social problems. Adolescents are more susceptible to sexual violence because of unstable thinking and influencing relationships. One of the provinces that is ranked as prone to sexual harassment is Aceh. According to the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) Aceh recorded cases of sexual violence against women in this region from January to September 2021 reached 697 cases. Even though they have been treated by various parties, there are still victims who feel ashamed, afraid and they often lock themselves in the house, tend to withdraw from their environment, there are also those who are able to be active again in their previous activities, and they consider the traumatic experience to be a traumatic experience. they experienced before is one of life's lessons. The purpose of this study is to see a picture of the resilience of adolescents who are victims of sexual violence. This study took the subject of the category of teenagers who experienced sexual violence. The study used in-depth, semi-structured interviews with coding analysis. The results show that the subject in the process of resilience is influenced by factors, namely social support, finding solutions to problems, self-regulation, strength of character and optimism. The conclusion of the study is that it is able to show the process of resilience and what factors affect resilience in victims of sexual violence. Keywords: Resilience, Adolescents, Sexual Harassment
Peran PKS Menjadikan Masyarakat Lebih Beretika dan Bermoral Dalam Berpolitik   Husna Siregar; Abdi Abdi; M. Irfan Djailani; Firman Alamsyah; Udzri Hamdi
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3258

Abstract

Democracy is a word that always fills the conversation of all levels of society, from the lower class to the elite class, namely community leaders, politicians, students, scholars, etc. In addition, democracy is believed to be an alternative value system that develops at the intersection of human life and society, even the state. Democracy is a school of philosophy, namely a school that studies the origins of political power in a country based on the general will of the people. In this case, the nation can be described as a rule of law that evokes the general will and animates the contents of democracy. Following the democratic system, power in the country is in the hands of the people themselves, basically democracy comes from the people, is governed by the people and benefits all the people. From an organizational point of view, democracy means the organization of the State which is carried out by the people themselves or with the consent of the people because sovereignty is in the hands of the people. Another opinion states that democracy is a political system which shows that public policies are determined on the basis of a majority by representatives who are effectively supervised by the people in periodic elections based on the principle of political equality and are held in an atmosphere of guaranteed political freedom. Keywords: Social Justice Party, Society, Ethics, Morals, Politics
Pernikahan Usia Dini Menurut Interpretasi Ayat  Al-Qur’an Husnel Anwar Matondang; Muhammad Suib; Muhammad Dipa Ahbaroni; Arini Suci Irwana; Muhajiroh Alya Siregar
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3265

Abstract

Early marriage is a common problem in every family. Given that the child is the successor and hope in the future. In fact, early marriage is increasingly happening, this is evidenced by the movement of Aisah Wedding's. There are several factors that cause many early marriages, among others; First, religious understanding that is not oriented to the best interests of the child. Second, cultural factors and traditions of the community that should not reject the application. Third, lifestyle. Fourth, poverty. Fifth, legal controversy. With the demikia of early marriage is not a solution to the problem that is happening, it is necessary to prepare the maturity of the child both theologically, physically and mentally. Keywords: Interpretation of Verse, Early Marriage.
Kedudukan Hak Asuh Anak Pasca Terjadinya Perceraian dari Istri yang Murtad Menurut Hukum Islam Syaddan Dintara Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3324

Abstract

Provisions for Child Custody Based on the Compilation of Islamic Law are Muslim, mature, healthy in mind, trustworthy, single, able to educate children. rights and authority for those (women) who are apostates (non-Muslims) to take care of children. This study aims to find out more about child custody provisions based on Islamic law compilations and child custody due to divorce due to apostasy from a wife according to Islamic law compilations using normative methods that collect and analyze data in order to obtain a clear picture of the issues being discussed writing, with the aim of describing or describing the occurrence of a problem in a systematic, factual and also accurate manner and in order to get the truth in the process of perfecting this writing. KHI. Islamic law. Keywords: Child Custody, Divorce, Apostate Wives.
Problematika Penegakan Qanun Jinayat di Aceh M. Arif Fadillah A. Tanjung; Firmansyah Firmansyah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3328

Abstract

After the enactment of Qanun No. 6 Year 2014 on (Qanun Jinayat), several problems arose, both internal and external. After the enactment of Qanun No. 6 of 2014 on (Qanun Jinayat), several problems arose, both internal and external problems. Internal problems arise with a variety of problems, facilities and infrastructure are not yet complete, the emergence of polemics about the place of execution of flogging, socialization is still considered insufficient, uneven resolution of Qanun Jinayah enforcement problems in each district / city, the emergence of differences in interpretation in Jinayat cases resolved by Jinayat law and Qanun fostering customary law, between one gampong and another gampong differ in the type of customary sanctions on khalwat, varied in the type of sanctions and law enforcement. More specifically, the internal problems faced in the implementation of Qanun Jinayat in Aceh are from the law enforcement apparatus itself (Wilayatul Hisbah, Police, Attorney General's Office, and Syar`iyah Court) and traditional leaders who have different perceptions of Qanun Jinayat. This not only leads to variations in application, but also often obscures the legal certainty desired by a regulation. The author conducts this research using empirical juridical research method which is a legal research method that uses empirical facts taken directly from the object of research in this case including the Community, University, and Islamic Shari'at Office of Aceh Province either by conducting interviews or direct observation. and with conceptual and statutory approaches using normative juridical methods. The data source used is data obtained indirectly through literature study. The legal materials obtained are then analyzed using descriptive-qualitative analysis to obtain conclusions that can be scientifically accounted for.
Hak Perempuan Dalam Memilih Calon Suami Ditinjau dari Perspektif Madzhab Syafi’i dan Madzhab Maliki Heriyansah Nst; Juni Fatimah Arsyita; M Aldi Tanjung; M Herry Samzidane; M. Zaitun; Putri Syifa Fazyra
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3335

Abstract

The problem raised in this research is to give freedom to women in choosing a future husband. In general, this can be put forward in the thinking of people whose relationships are still traditional, marriage is suggested as a necessity for every human being who has a desire for this because of encouragement from the closest person or is part of the inheritance of social traditions. This article also aims to find out the views of several Maliki and Syafi'i schools regarding women's freedom in choosing a husband-to-be. The choice of a husband-to-be is part of a woman's rights absolutely or there is interference from her parents. Because the incidents of arranged marriages and the practice of forced marriages by parents are still often encountered in everyday life in Indonesian society. The Syafi'i and Maliki schools have different opinions regarding women's freedom in choosing a husband. In the Syafi'i school, it is argued that for immature girls, a father, in this case, according to him, may interfere in choosing a future husband even without his permission, and for women who are married and then divorced (widows), according to him, there must be clear approval from concerned. Meanwhile, according to the Maliki school of thought, he argued that women are obliged to marry prospective husbands who are willing and have religion and good behavior, otherwise it will make a person a maker of slander and violence on earth. piety and piety Key Words: Women, Freedom To Choice Husbands, Parents, Madzhab Syafi’I And Madzhab Maliki
Analisis Yuridis PERPPU Cipta Kerja No.2 Tahun 2022 Besaran Pesangon Pasca PHK Arifuddin Muda Harahap; Adella Iragil Sofianti; Cindy Aryanti; Diva Ariza Kesuma; Fauzi Masfa Rizky,; Ibnu Fauzi Bangun; M.Fikri Haekal; M. Rafly; Safira Prima Indira
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3344

Abstract

One of the problems for workers in Indonesia is termination of employment (PHK) between workers and employers, in 2020 the government issued Law No. 11 of 2020 concerning work copyright or the omnibus law getting pros and cons from society, of course there are also many people disagree about this work copyright law. Then in 2022 the Government has also officially promulgated Law Number 2 of 2022 Concerning Job Creation which in outline has revised this omnibus law, at least covering 11 sections that have regulated strategic policies, including one of them related employment. This research wants to discuss the comparison of severance pay for employees who have been laid off according to Law no. 2 of 2022 regarding the copyright of this work. The method used in conducting research in this scientific journal is the normative legal method.In Law no. 2 of 2022 regarding this work copyright, workers whose contracts are terminated with less than a year's work period will receive severance pay of 1 month's wages. Those whose duration of work is more than a year, but when it is less than two years will receive 2 months' wages and so on. In addition to severance pay, this Law also regulates the provision of reward money for years of service for employees who have been laid off for working for 3 years or more but less than 6 years, 2 months of wages, at working period of 6 years or more but less than 9 years, 3 months wages and so on. Keywords: employment, layoffs, severance pay
Pemberian Nafkah terhadap Anak Dari Perkawinan Tidak Tercatat Menurut UU Perkawinan dan KHI Syaddan Dintara Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): 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.v6i1.3345

Abstract

At this time there were many husband and wife couples who took the path of carrying out unregistered marriages, this marriage was a marriage that was not registered in the country which was really carried out by the general public in Indonesia, seen in Islamic law it was permissible to carry out unregistered marriages but in strict regulations in force in the country of Indonesia does not recognize that this marriage is a legal marriage because this marriage is not registered in the country, in the family it cannot be separated from conflict between husband and wife resulting in quarrels that can lead to divorce this conflict is a situation that is definitely not wanted by children , based on the data found that according to the provisions of Article 27 Perkap No. 9 of 2010 stipulates that the husband's obligation to provide maintenance to his wife and children after a divorce, is determined in accordance with a court decision that has permanent legal force, in the compilation of Islamic law in Surah Al-Baqarah verse 233 firmly says that a father's obligation to provide for his child even as a child category. In this journal research the authors use the normative-empirical legal method by combining elements of normative law which are then supported by empirical data. After a divorce occurs, it is inseparable from the obligation of a husband or wife to provide for children from the results of a husband and wife in the context of compilation of Islamic law, parents have the obligation to provide for their children from marriage, but in Law No. 1 of 1974 concerning marriage, article 43 means that there is no the obligation for the husband to provide for his child if the marriage is not registered according to the applicable law is all left to the wife. Keywords: Children's livelihood, KHI, UU Marriage