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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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Adat Teka Ra Ne’e dalam Kajian Hukum Islam di Desa Tanah Putih Kecamatan Sape Kabupaten Bima Nadirah Nadirah; Atun Wardatun; Muhammad Mutawali
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.v6i2.6519

Abstract

The Teka Ra Ne’e tradition is a custom carried out by the community when going to school carry out the marriage process. The aim of the Teka Ra Ne'e tradition is to lighten burden on the owner. The aim of this research is to find out the Teka Ra Ne'e traditional procession in the Tanah Putih Village community and to identify how the law views it Islam towards the Teka Ra Ne'e custom in traditional marriages in the Tanah Putih Village community Sape District, Bima Regency. The research method used is research qualitative with a descriptive approach, the collection used is observation, interviews, and documentation. The research subjects were community leaders, traditional leaders and the government Village. Data analysis using interactive models. The results of this research can be concluded that implementation of Teka Ra Ne'e in the Bima traditional wedding procession, especially in Tanah Putih Village Sape District, Bima Regency, namely: (1) Deliberation between families and community leaders, (2) Kaboro haju ka'a, (3) Ti'a haju ka'a, (4) Ndua invitation (dividing invitations), (5) Choosing Ina pangaha, (6) Ndawi Pangaha, (7) Ka eli swamp mbojo, (8) Teka Ra Ne'e, (9) Rice Shedding. Teka Ra Ne'e does not conflict with Islamic law, because it has more benefits rather than the disadvantages such as teaching cooperation (mutual cooperation), friendship, relationship close ties of brotherhood, as well as lightening the burden between people who have a celebration
The Right To Inquiry: Its Influence on The Results of The 2024 General Election Muhtar Muhtar; Tri Setyo; Opniel Harsana B Pongkapadang; Iwan Henri Kusnadi; Diah Apriliani
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.v6i2.6529

Abstract

Based on the explanation above, it can be concluded that this research aims to analyze the function of the People's Representative Council's right to inquiry in influencing the results of the 2024 general election. In line with the characteristics and color of sentences that researchers use in this article, this research is qualitative research with a normative/normative approach. approach to regulations and laws relating to the era of the right to inquiry, the history of the right to inquiry, the scope of the right to inquiry, the object of the right to inquiry, and the influence of the right to inquiry on the results of the 2024 Presidential and Vice Presidential general elections. In line with qualitative research with other descriptive approaches, research This uses secondary data in the form of statutory regulations relating to the right to inquiry, legal books, scientific articles, and various other secondary legal sources which are usually used as references in qualitative research with a normative approach. These data were analyzed using the method of grammatical legal interpretation, namely interpreting word for word in statutory regulations, legal doctrine and scientific articles. As well as a systematic legal interpretation method in accordance with the hierarchy of laws and regulations.
Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok Tiara Cantika Puja Ramadani; Dyah Listyarini; Arikha Saputra
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.v6i2.6534

Abstract

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.
Ganti Rugi Terhadap Masyarakat Atas Kebakaran yang Disebabkan oleh Pencurian Energi Listrik Persfektif Wahbah Al-Zuhaili: Studi Kasus Desa Blangkejeren, Kecamatan Blangkejeren, Kabupaten Gayo Lues Firmansyah Firmansyah; Rajin Sitepu
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.v6i2.6556

Abstract

It cannot be denied that electrical energy has become a necessity in people's lives, almost all of people's daily activities are inseparable from the use of electrical energy. The existence of electrical energy facilities is sometimes not balanced with the development of the community's economy. Therefore, people often have difficulty meeting their daily needs with various activities that require electrical energy sources. So this is one of the factors why people try to obtain electrical energy supplies illegally. Of course, this is not only detrimental to PT. PLN is the electricity provider, but this also has a negative impact on society. Because the theft of electrical energy is carried out with minimal understanding and equipment, of course it does not meet the General Electrical Installation (PUIL) guidelines that apply in our country, so it has a low level of security and can cause various consequences, including changing the voltage up and down so that it can make the device - household electronic equipment is damaged, and can even cause fires which cause harm to many parties, both material and immaterial losses, as experienced by the people of Blangkejeren village. The aim of this research is to find out how the fire incident occurred which caused losses to the Blangkejeren community, and to find out how the compensation for the fire incident was carried out by the Blangkejeren community, as well as how the compensation was resolved by the Blangkejeren community from Wahbah al-Zuhaili's perspective. This research uses field research methods which are descriptive qualitative in nature. Data collection was carried out using interviews, observations and existing literature. From the research results, it was found that the people of Blangkejeren prioritize the elements of peace and harmony in solving the fire problem that occurred as a result of the theft of electrical energy. Based on the search results above, it can be concluded that the steps taken by the Blangkejeren community are appropriate in maintaining the traditional values ​​that apply in the community and are also in accordance with the ideas put forward by Wahbah al-Zuhaili.
The Position of Online Petitions in The Indonesian Legal Order Shohib Muslim; Kalijunjung Hasibuan; Didik Suhariyanto; Nugrah Gables Manery; Lisbet Situmorang
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.v6i2.6559

Abstract

This research is a qualitative research with a descriptive approach, namely describing the position of Online Petitions in the legal order in Indonesia and also describing its position in the legal order in European countries. The data used in this research is secondary data that researchers obtained from scientific articles, books, statutory regulations, magazines and credible websites that are commonly used and become references in each research. The data used was analyzed using descriptive and comparative legal analysis techniques, namely first describing the position of online petitions in Indonesian legal matters and then comparing them with various European countries. The result in this research show that that the regulation of online petitions in Indonesia is not very detailed and roams freely. This means that online petitions that have been filled in in large numbers exceeding the threshold in countries such as the UK and the United States which must be answered by the government, do not have to be answered in Indonesia. Online petitions are a form of product of freedom of expression from democracy. On the one hand, researchers believe that more specific arrangements for handling online petitions such as the United States and England also need to be implemented in Indonesia. However, on the other hand, this is not really necessary due to the responsive nature of the Indonesian government in answering the big questions on the minds of the public. Apart from that, these big questions are more often discussed through various talk shows, whether via digital television, print media, Instagram, YouTube and other platforms. For these various reasons, researchers believe that further regulation regarding online petitions is not really necessary in Indonesia. In fact, researchers are of the opinion that making a case go viral on social media without packaging it in the form of a petition is more effective than organizing the online petition itself.
Establishment Of The Asset Confiscation Law To Minimize Corruption In Indonesia Hudjolly Hudjolly; Rabith Madah Khulaili Harsya; Fatima Suatrat; Kalijunjung Hasibuan; Deny Susanto
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.v6i2.6569

Abstract

This research is qualitative research with a descriptive approach, namely describing a number of things that are closely related to confiscation of assets in criminal law, criminal acts of corruption, and other things. The data used in this research is secondary data in the form of the Criminal Code, Civil Code, statutory regulations, the official website of the House of Representatives, other credible websites, and so on. The researchers analyzed the data using grammatical and systematic legal analysis techniques, namely interpreting every word in the legislation and connecting it with other secondary data or other related legislation. The result in this article show there are three major urgencies for the presence of the Law on Asset Confiscation in Indonesia, namely to provide instruments that are stricter than the current regulations because in the Criminal Code, asset confiscation is only an additional crime and not the main crime, providing a deterrent effect for corruptors and potential corruptors, and of course minimizing corruption cases in Indonesia. Under existing legal structures, state losses resulting from criminal acts of corruption cannot be recovered. Recovering state losses takes years and may not even be returned at all. What is meant to provide a deterrent effect in this research is to impoverish corruptors, change the nomenclature of words whose nature is emphasized from facultative to imperative, and change its status not only to become an additional crime, but also to become a principal crime. On this basis, researchers are of the opinion that the presence of asset confiscation laws in Indonesia can be effective in minimizing the occurrence of corruption in Indonesia.
The Role of Financial Digitalization in Eradicating Corruption in Indonesia Rabith Madah Khulaili Harsya; Badruddin Nasir; Fadil Mas’ud; Robert A. Serang; Iwan Harsono
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.v6i2.6580

Abstract

Technological advances provide a number of benefits in various sectors, one of which is the financial sector. Technological advances in the financial sector or commonly known as financial digitalization have made data bookkeeping more effective, easily accessible, transparent, and made it easier for employees to carry out financial reports. Based on this, this research aims to analyze the role of financial digitalization in preventing corruption in Indonesia. This research is qualitative research with a descriptive approach, namely describing the meaning of technology, technological developments, the benefits of technology, its relationship with finance, and the benefits of digitalization of technology in preventing corruption in Indonesia. The data used by researchers in this article is secondary data, namely in the form of legislation, scientific articles, books, websites and other things that are usually used in every research. The researchers analyzed these data using the stages of data collection analysis, data reduction, data analysis, and drawing Conclusion. The result in this research show that the presence of financial digitalization at least has benefits in preventing corruption because of its transparency. With the digitalization of financial tenders, financial reporting, and other things that are transparent and do not endanger privacy, they can be accessed easily by all stake holders, supervisors, partner companies, internal company parties, and so on to find out the tender winner, continuity of the tender, until completion of the tender. Apart from that, if suspicious potential for corruption is found, it can be tracked easily. Because of this, anyone who has the intention to commit corruption will be discouraged.
Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023) Hanafi Ilba; Ibnu Radwan Siddik Turnip
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.v6i2.6589

Abstract

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.
Unlawful Actions of a Notary in Making a Deed of Change in the Management of the Putra Jaya Limited Liability Company (CV). Anggi Agustriani Putri
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.v6i2.6641

Abstract

Notaries in carrying out their duties are based on statutory regulations which are often called the Notary Position Law (UUJN) Number 2 of 2014 Jo. Law Number 30 of 2004, in fact, notaries are often found who violate the Notary Position Law, such as in the case of decision Number 2604 K/Pdt/2019, Notary Herminda Br. Ginting, S.H became the defendant because he made an authentic deed of changes in the management of a limited liability company (CV) without the complete presence of an observer. The formulation of the research problem is what is the unlawful act of a notary in making an authentic deed without the presence of a complete observer?, using normative juridical research methods , it can be concluded that notary Herminda Br.Ginting committed an unlawful act because in making a deed of change in the management of a limited liability company (CV) putra jaya he violated article 16 paragraph 1 letter (m) and article 44 of the Law on Notary Positions which resulted in the deed being made being legally flawed and becoming invalid. for the sake of law and causing losses to other people in accordance with article 1365 of the Civil Code "any unlawful act that brings loss to another person, requires the person who wrongly issued the loss, to compensate for the loss", the notary should be careful in writing an authentic deed because the deed The authentication made by the notary has perfect law-making power.
Sistem Pembagian Waris Patrilinealpada Masyarakat Adat Lampung dalam Perspektif Maslahah Amar Ma'ruf
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.v6i2.6644

Abstract

This article is the result of research on the various customs of the Lampung people, where Indonesia is a pluralistic society that adheres to various ethnic groups, religions and beliefs, and comes from diverse indigenous peoples. These differences are shown in human daily activities in their social interactions in society. , from the human being is born until he dies. Customary law is born from a behavior that is continuously carried out in which there is a certain pattern that its existence is maintained so that it becomes a habit and is recognized by the community groups in it as a tradition called adat. Likewise, the Lampung Community, which is also one of the indigenous peoples in Indonesia, which is plural in nature with a variety of language dialects, customs, and diverse lifestyles. This diversity then gave birth to a diverse culture as well. More specifically, this article discusses how the distribution of patrilineal inheritance in the Lampung Indigenous community when viewed from the perspective of Maslahah. If the distribution of traditional inheritance in Lampung is applied standardly, then the inheritance rights completely fall to the eldest son by overriding the rights of the daughter to get her inheritance rights. Meanwhile, Islam highly upholds women's rights, including in terms of inheritance distribution. To answer the problems that arise related to this, this study uses a qualitative descriptive method. then this is not in accordance with the principle of benefit, so that it does not reflect a balanced sense of justice as the Word of Allah SWT which is explained in the Qur'an about several provisions of inheritance law for the benefit of mankind, both men and women.

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