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As-Syar'i : Jurnal Bimbingan & Konseling Keluarga
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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Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia Az-Zahra Aulya Salsabila
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6410

Abstract

Divorce that occurs outside and without permission from the court raises many legal problems, from the validity of the divorce to the non-fulfillment of the rights and obligations of husband and wife after divorce. Malaysia is a country consisting of states and an alliance area which in its Islamic family law rules regulates divorce before the court to ensure legal certainty. This paper discusses the procedures for the divorce of Malaysian citizens that must be carried out before the Malaysian Court and the rules for registering talak for divorces that have already occurred not in front of and without the permission of the Malaysian Court. The regulations for imposing divorce outside the Malaysian Court also include penalties (punishment) for violators. This paper uses a juridical-philosophical approach to explain the procedure for divorce before the court and the rules related to the registration of divorce that have been carried out outside and without the truth of the court to create legal certainty. This research is a qualitative type of literature research. The conclusion of this paper shows that the rules related to divorce before the Malaysian Court indicate legal certainty because in the process the judge examines the validity of the lafadz talak that the husband has imposed to ensure the validity of the legal status of divorce in Sharia and the state administratively, as well as the fulfillment of the rights and obligations of husband and wife after divorce.
Filsafat Hukum Islam dan Hikmah Derta Nur Anita; Sarbini Sarbini; M. Bahtiar Ubaidillah
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6460

Abstract

Philosophy of Islamic law is the knowledge of the nature, secret, and the goal of Islam both concerning the material and the process of its adoption. Philosophy of Islamic law will make Islamic law can adapt to the conditions and needs of its day. hikmah means wisdom or deep meaning. Wisdom also means knowing the superiority of something through knowledge. Tasawuf experts interpret wisdom as knowledge of God's secrets in creating something. Scientists of Islamic law define wisdom as a motivation in law reconciliation to achieve kemaslahatan and reject kemudharatan. Philosophy of Islamic law and hikmah have similiaritis in function and purpose, even most Muslim philosophers consider wisdom to be a synonym of philosophy.
Manajemen Pimpinan dalam Menanggulangi Tindakan Bullying di Pondok Pesantren Minhajus Sunnah Pulo Bargot Labura Azlisa Azlisa; Tengku Walisyah
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i3.6487

Abstract

Leadership management in overcoming actions that damage the good image of Islamic boarding schools and seeing the rise in cases of bullying in the world of education today and especially in the Islamic boarding school environment. The method used in this research is a qualitative method with a field research approach using observational data collection techniques from leaders regarding the countermeasures carried out at the Minhajus Sunnah Pulo Bargot Islamic Boarding School, followed by interviews with the head of the Islamic boarding school and related staff and documentation through references and literature. related to research. This research is guided by the theory of George R. Terry, namely POAC as a research analysis tool. The results of this research show that a leader is essentially one who is able to influence other people with criteria, appearance and with his power, the results of the discussion regarding leadership planning regarding the cultivation of morals and etiquette in muhadhoroh activities, selecting quality teachers and providing martial arts extracurriculars, and in organizing, placing staff according to the skills they are pursuing and actuating regarding the leadership continuing to strive to maintain defense from planning and organizing that has been determined and finally controlling the results that have been carried out.
Presidential Campaign Authority in The General Election Law Muhammad Salman Alfansuri Jacob; Firzhal Arzhi Jiwantara; Herni Ramayanti; Sri Chatun; Esa Arung Syuhada
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6488

Abstract

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.
Strategi Organisasi Al Jam’iyatul Washliyah dalam Syiar Dakwah Melalui Media Sosial di Kota Medan Muhaammad Andi Harahap; Salamuddin Salamuddin
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6492

Abstract

The development of da'wah broadcasting in Indonesia is marked by the rise of social media users in various cities, such as social media belonging to the Al Jam'iyatul Washliyah Organization which is one of the strategies for spreading da'wah with the aim of practicing Islamic teachings for the sake of happiness in this world and the hereafter. The Al Jam'iyatul Washliyah organization, better known as Al Washliyah, is an Islamic organization that successfully carries out its missionary activities through mosques, education and also social media. In this research, the researcher raised a special topic regarding the concept of spreading da'wah through social media YouTube, Facebook, Instagram. A qualitative research method was chosen for this research with a descriptive case study approach. Primary data collection techniques were carried out using interviews and direct observation, while secondary data was obtained through literature studies carried out on various reading sources that were relevant to the research topic. The research results show that social media carried out by the Al Jam'iyatul Washliyah organization among the public can make it easier for the younger generation to access information about Islamic da'wah and can also change attitudes to always listen to Islamic da'wah.
Analisis Yuridis Penyelesaian Tindak Pidana Pencurian Arus Listrik di PT Perusahaan Listrik Negara: Persero Unit Layanan Pelanggan Tanjungbalai Silmi Kaffah; Farid Wajdi
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6502

Abstract

The increasing human need for electricity has led to an increase in various modes of electricity theft. The aim of this research was to determine the resolution of the crime of electric current theft at PT PLN Tanjungbalai city. The research method used is a normative juridical legal research method (normative law research), namely a legal research method by examining the implementation or implementation of positive legal provisions (legislation) and factual contracts in every legal event and achievement of goals in society. The data collection technique uses literature review as secondary data by discussing Law Number 30 of 2009 concerning Electricity and interviews as primary data to determine the resolution and prevention of acts of electricity theft in the city of Tanjungbalai. The steps taken by PT. PLN Tanjungbalai City in resolving the criminal act of electricity theft are based on the provisions stated in PT. PLN Directors Regulation Number 0028 to provide a deterrent effect and fear to the individuals who carry out the theft. PT. PLN Tanjungbalai city also carries out prevention by providing outreach about electricity to the community as an effort to increase understanding and awareness of sanctions for committing violations.
Aspek Gender Equality (Keadilan Gender) Bagi Korban dalam Undang – Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Zainur Ratna Savitri; Riza Nisriinaa; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6503

Abstract

Victims of sexual harashment are often associated with vulnerable groups, namely women, children, people with disabilities and elderly people, even though groups that are not vulnerable are men who have relatively stronger physical strength than women, have better self-defense abilities, turns out to also be a victim, it means that anyone can become a victim of sexual violence. However, it turns out that there is no certainty and legal protection for all forms of gender justice for victims of sexual violence. Therefore, it is important to have and at the same time strive for legal protection in abstracto in a regulation that specifically accommodates gender justice for victims of sexual violence. Has the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence accommodated aspects of gender justice in providing legal protection for victims of sexual violence and how is the punishment in Law Number 12 of 2022 concerning Crimes of Sexual Violence to realize gender justice for victims of sexual violence, considering Imposing criminal sanctions on perpetrators is a form of legal protection in concreto for victims, so that they have the same access to justice as humans without any gender bias in the implementation of law enforcement.
Implementasi Hak Restitusi Korban Tindak Pidana Kekerasan Seksual Muhammad Rifky Darmawan; Anselma Dyah Kartikahadi; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6506

Abstract

Sexual violence in Indonesia is increasingly prevalent, both against men and women. Victims of sexual violence have the right to restitution that must be fulfilled by law enforcement officials. However, the implementation is still not optimal if you look at the decision 80/Pid.Sus/2023/PN Kik. Therefore, this research examines the fulfillment of restitution rights for victims of sexual violence from the perspective of legal protection theory. This research uses legal research methods using statutory, conceptual, and case approaches. Decision Number 80/Pid.Sus/2023/PN Kik still does not implement the fulfillment of restitution for victims of sexual violence, which should be the obligation of the judge to determine the amount of restitution that will later be given. This is not in line with the theory of legal protection put forward by Satjipto Rahardjo and Philpus M. Hadjon. The lack of awareness of law enforcement officials to fulfill victims of sexual violence requires the protection of witnesses and victims with the Witness and Victim Companion Program.
Analisis Pembuktian Pidana Asal dalam Kasus Tindak Pidana Pencucian Uang yang Diatur dalam Undang-Undang: Tinjauan Terhadap Prinsip Hukum dan Implementasi dalam Praktik Hukum di Indonesia Firman Anugerah; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6507

Abstract

Money laundering is a serious threat to the financial stability and integrity of financial institutions in Indonesia. Proving the origin of criminal proceeds in money laundering cases is a primary focus in law enforcement efforts to combat this illegal activity. This paper provides a review of the legal principles underlying the proof of criminal origin in money laundering cases and discusses their implementation in legal practice in Indonesia.Through literature analysis and case studies, the author highlights the complexity of proving criminal origin in the context of money laundering cases. Challenges include difficulty in tracing complex financial transactions, limitations in adequate legal regulations, and the need for international cooperation for effective exchange of information and evidence. Additionally, the paper emphasizes the importance of meticulous financial analysis as a key instrument in proving the origin of laundered funds. In the context of legal practice implementation in Indonesia, this paper examines the efforts of the government and law enforcement agencies in handling money laundering cases. Despite steps taken to enhance law enforcement effectiveness, there are still challenges to be addressed, such as lack of coordination between agencies, protection of witnesses and informants, and the expertise required for complex financial analysis. Considering the relevant legal principles and challenges faced in legal practice in Indonesia, this paper concludes the need for greater efforts to enhance the capacity of law enforcement agencies, improve international cooperation, and strengthen regulatory frameworks to ensure the effectiveness of proving the criminal origin in money laundering cases in Indonesia.
Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana Sayib Fauzi Adiansyah; Mohammad Irfandianto; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (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.v6i2.6508

Abstract

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Page 33 of 43 | Total Record : 425

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