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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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Poligami dalam Negara-Negara Islam Bian Ambarayadi; Andi Molawaliada Patodongi
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.v6i2.6663

Abstract

Polygamy is a problem faced by contemporary society that is considered discrimination against women. Since the beginning of the 20th century, there has been a phenomenon of family law reform in several countries where the majority of the population is Muslim. These countries have reformed Islamic law in family law, triggered by various factors, including political, socio-cultural, economic, and others. This renewal of Islamic law is a new interpretation, where some countries collaborate between Western legal rules and Islamic law. This research aims to study polygamy regulations in nine countries, namely Indonesia, Malaysia, Pakistan, Egypt, Morocco, Jordan, Syria, Turkey, and Tunisia. The method used in this research is a comparative approach to examine the rules of polygamy in the nine countries that are comparing regulations to see the differences and similarities in the rules of polygamy in each country so it can be described according to the group. The results of the discussion show that polygamy in Ulama's view is permissible, and polygamy in 9 Islamic countries can grouped into two, namely, countries that allow polygamy and countries that prohibit polygamy.
The Role of Amicus Curiae in Influencing The Confidence of Judges in The Supreme Court and Constitutional Court Benni Mangiring Ompusunggu
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.v6i2.6690

Abstract

ABSTRACT Recently, the topic of Amicu Curiae has become a hot topic of discussion among the legal observer community. On the one hand, the Amicus Curiae is of the opinion that it can significantly influence the judge's confidence, but on the other hand, it is of the opinion that the Amicus Curiae cannot influence it because there are other factors that influence it, namely the facts of the trial. This research is qualitative research with a descriptive approach, namely describing Amicus Curiae, its history, meaning, and its role in influencing judges' beliefs. The data used in this research is secondary data that researchers obtained from statutory regulations, books, scientific articles, and other things that are usually used in qualitative research. These data were analyzed using the stages of data collection, data selection, data reduction, data analysis, and drawing conclusions. The result in this article show that the position of Amicus Curiae is only limited to opinions from scientific articles and opinions scattered on social media. The difference is that this specification is addressed to the Constitutional Court judges before making a decision. However, specifically personally, this could influence the judge's psychology to remind him of things that happened in the trial and carefully pay attention to the two different perspectives. Amicus Curiae also consists of various types of varied sentences. If it is related to the decision of the Constitutional Court in resolving disputes over the results of the 2024 Presidential and Vice Presidential General Election, there are things that are different compared to the decision on resolving disputes over the results of the previous year's Presidential and Vice Presidential General Election, where there are 3 judges who took dissenting opinion decisions compared to five other judges. . It is possible that this difference is caused by one of the factors due to the existence of the 24 Amicus Curiae.
Kepastian Hukum dalam pasal 59 pada Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Ketentuan Pesangon bagi Pekerja UMKM Perspektif Fiqh Siyasah Safwan Alwi Harahap; Zaid Alfauza Marpaung
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.v6i2.6693

Abstract

This research discusses legal certainty in providing severance pay to MSME workers, in article 59 of government regulation Number 35 of 2021 states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee, this makes the transaction appear to have no legal certainty. . This research uses a normative legal research method with a literature study approach that involves analysis of sources of Islamic law such as the Koran, Hadith and the opinions of leading scholars. The results of this research found provisions in Article 59 in government regulation Number 35 of 2021 which states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee. However, it does not explain in detail the severance pay recommendations. This creates legal uncertainty and opens up opportunities for severance pay to be determined unilaterally by the employer. This also contradicts one of the principles of siyasa fiqh, namely the principle of justice.
Implementasi Penegakan Hukum Undang-Undang Nomor 18 Tahun 2014 terhadap Perlindungan Hukum dan Kendalanya pada Orang dengan Gangguan Jiwa di Kota Semarang Annisa Auwla Fil Ibadiyah; Dyah Listyarini; Arikha Saputra
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.6451

Abstract

The number of people with mental disorders in Semarang City continues to increase. The large number of people with mental disorders in Semarang needs to be addressed seriously to prevent causing discomfort in social activities. Therefore, the author compiled a journal titled "Implementation of Law Enforcement Law Number 18 of 2014 concerning Legal Protection and Constraints on People with Mental Disorders in Semarang City." This journal aims to uncover issues related to how the implementation of Law Number 18 of 2014 on law enforcement against legal protection for people with mental disorders in Semarang City and what factors cause people to experience mental disorders in Semarang City. The research method used in this study is a qualitative method with a socio-legal juridical approach. The data used in this study was obtained using data collection techniques through interviews conducted with Mrs. Lela Dwipayana, S.H. as the Social Rehabilitation Staff of the PMKS Guidance Service Sub-Coordinating Social Welfare Services. The results of this study found that Law Number 18 of 2014 on Mental Health has protected people with mental disorders by being handled by the Social Service in Semarang City.
Analisis Pertimbangan Hakim Terkait Operasi Tangkap Tangan Tindak Pidana Narkotika: Studi Kasus Putusan Nomor: 317/Pid.Sus/2021/Pn.Plg Nopri Yansah
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6452

Abstract

The problem in this research is what is the basis of the judge's considerations in Decision Number: 317/Pid.Sus/2021/PN.Plg, and whether Decision Number: 317/Pid.Sus/2021/PN.Plg is in accordance with the Laws of the Republic of Indonesia Number 35 of 2009 concerning Narcotics Juncto Emergency Law of the Republic of Indonesia Number 12/Drt/1951. This research is a type of normative research. Normative legal research is research that places law as a system of norms. The norm system in question is about principles, norms, rules from laws and regulations, court decisions, agreements and doctrines (teachings). Therefore, this research was carried out by analyzing the court and its general vision from various aspects of the case that occurred in Decision Number: 317/Pid.Sus/2021/PN.Plg. The results of the research showed that the basis of consideration used by the judge was the balance of the elements of the article being charged, the ability to take responsibility for the witch, the absence of justifiable and forgiving reasons and the presence of aggravating and mitigating circumstances. Decision Number: 317/Pid.Sus/2021/PN.Plg there is an error in the application of the article so that it is contrary to Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and the decision does not reflect the principles of justice, the principle of expediency and the principle of legal certainty.
Tinjauan MaqᾹṣid Syarī‘Ah Terhadap Pembekuan Sperma (Sperm Freezing) dalam Proses Bayi Tabung Tajul Iflah; Raihan 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.v6i3.6478

Abstract

In vitro fertilization is a solution for anyone who wants to have offspring if one of them is infertile or is caused by another disease. One of the creations of today's human sophistication is artificial insemination or what is called test tube babies. Technological advances have made it possible to carry out scientific and technological endeavors. This Ḥifẓ an-nasl is one of the goals of Maqāṣid asy-Syarīʿah, test tube babies are an effort to maintain offspring so that their offspring are not interrupted. Even though it is a solution, In vitro fertilization is also vulnerable to abuse so it has the potential to have a negative impact if misused. This research was conducted to find out how the legal aspects of long-term sperm freezing for test tube babies are reviewed according to Maqāṣid asy-Syarīʿah. This research uses a historical approach method by looking at events or phenomena carried out by married couples with the aim of obtaining offspring. The results of the research show that freezing sperm cells is carried out with the aim of being able to obtain offspring for married couples who can no longer produce offspring and sperm cells have been frozen when the husband and wife are still in a fertile state. This is legally permitted in Islam with the provisions that the sperm must come from the husband and wife who has a legal marriage relationship. If it is related to Maqāṣid ash-Syarīʿah, the existence of a sperm bank for freezing can protect offspring or ḥifẓ an-nasl, then in Islam it is permissible because this action has benefits in it. Sperm freezing is permitted provided there is a real problem and it is safe from misuse.
Peran Psikologi Hukum dalam Permasalahan Anak Berhadapan dengan Hukum Melisa Dwi Fransiska; Andhiyah Ivena Ramadani; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6515

Abstract

Within the child there is inherent dignity and rights as a human embodiment that must be upheld. Therefore, it will create Indonesian children who are prosperous, high quality and have noble character. The existence of indiscipline towards legal norms that apply in society results in juvenile delinquency. Legal psychology here plays a very important role in the balance between legal and psychological norms for children. The purpose of this research is to find out about children in conflict with the law, the problems that occur with children in conflict with the law and the role of legal psychology in the future in the mental and psychological balance of children and the legal norms that exist in society. The methodology used is a normative juridical approach. So this research comes to the conclusion that the form of handling children in conflict with the law requires a legal approach based on legal psychology to provide a reference and the causes of violations that occur to children can be analyzed.
Relevansi Filsafat Hukum dalam Pemahaman Konsep Keadilan Alon Maemanah; Bunga Kinasih; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6516

Abstract

Justice according to legal philosophy considers every aspect related to the terminology of legal philosophy and justice, which is the purpose and ideal of law and covers the entire nature of the concept of justice that wants to be upheld by the existence of law. Based on the arguments of Plato who is used as a reference for justice, Thomas Aquinas who states that Justice is a proportional equality, and John Rawles who has a perspective that justice is fairness so that the value of justice studied by the philosophy of law will find the answer based on the philosophy of law itself. Justice is one of the important elements for human life so that there is a balance of rights and obligations to achieve the truth. It also explains that between duty and truth must be in harmony and achieve balance. Law is only a set of formulas when the law has not been able to establish justice and when the law is far from justice, the law will lose its meaning. Legal formulation is the harmony and harmony of legal proportionality and also legal certainty.
Pertanggungjawaban Pidana Beneficial Owner dalam Kejahatan Korporasi di Bidang Sumber Daya Alam As’ad Imam Muhtadi; Arvina Hafidzah; Dominikus Rato; Fendi Setyawan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6524

Abstract

This article focuses on the criminal liability of beneficial owners for crimes in the natural resources sector. By using legal research methods, through statutory and conceptual approaches, there are three discussions in this article, first is that a BO can be directly included in the structure of the corporation cannot directly have a position and is only bound by only through relationships or affiliations. Second, the concept of criminal liability for BOs in Indonesia has not yet been formulated with certainty, so it cannot create a sense of obligation for BOs. And, ideal forms of accountability are collaboration between the theories of strict liability and direct corporate criminal liability. Corporations in their accountability don’t abdicate responsibility from management who commit criminal acts. Linked to BO as a corporate controller outside the structure, they can also be held accountable accordance to corporate responsibility paradigm changes in the 2023 Criminal Code.
Investasi Langsung di Era Ekonomi Digital: Tantangan dan Peluang Baru dalam Kerangka Hukum Kartika Ayu Suhanti
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6533

Abstract

Direct investment in the digital era raises a number of complex legal challenges that need to be addressed by market players and regulators. Some of these challenges include data privacy and security, intellectual property rights protection, cybercrime, and complex regulatory issues. However, amidst these challenges, there are also opportunities and innovations that can be exploited within the investment legal framework directly. One opportunity that can be explored is the establishment of regulations specifically for the digital economy. With appropriate regulations in place, the investment environment in this sector can become more conducive. Regulations should cover aspects such as data protection, cyber security, electronic commerce and technological innovation. Apart from that, changes in regulations are also key in facing the rapidly changing dynamics of the digital economy. Ease of obtaining permits, simpler investment procedures, and policies that are responsive to technological developments can encourage investment growth in the digital sector. Protection of intellectual property rights is also important in dealing with direct investment in the digital economy. Since much of the investment in this sector is related to technological development and innovation, strong protection of copyrights, patents and trademarks is essential. Cyber ​​security is also an important focus in the direct investment legal framework. The threat of cyber attacks can damage infrastructure, steal sensitive data, and harm a company's reputation. Therefore, regulations must strengthen aspects of cybersecurity, including best practices in data protection and rapid response to security incidents. Apart from that, to increase direct investment in the digital economy, increasing digital literacy among the public and business people is also important. Education and training on digital technologies and related legal aspects can help reduce barriers to investment in this sector. Finally, cooperation between the government, private sector and community institutions in developing the legal framework for direct investment is also an important factor. This collaboration can facilitate sustainable and inclusive investment in the digital economy. By paying attention to these opportunities and innovating in accordance with the applicable legal framework, Indonesia can create a more attractive investment environment for investors and accelerate the growth of the digital economic sector

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