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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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Tanggung Jawab Hukum atas Perbuatan Malpraktik yang Dilakukan oleh Notaris Protokol Susilo Meddy Tunggeleng
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.v6i2.6828

Abstract

The malpractice actions carried out by a notary in a broad sense constitute forms of denial, deviation, or arguably a lack of ability to perform their duties and responsibilities, either intentionally or negligently, which can be held accountable to the notary for fulfilling their professional obligations based on the trust given to them. This article discusses whether malpractice actions committed by a notary can be categorized as criminal acts and the legal consequences of malpractice committed by a protocol notary. This research is a normative study, also known as doctrinal research. Notarial malpractice actions can be categorized as criminal acts, namely errors and negligence, and this negligence can be divided into culpa lata and culpa levis. In cases of malpractice, it mostly falls under culpa lata, thus criminal sanctions can be imposed. In the event that a notary designated as a protocol holder refuses to hand over the protocol for reasons that are unacceptable to the minister, the respective notary may be sanctioned by the Ministry of Law and Human Rights, Professional Organizations, or the Minister in accordance with the provisions of laws and regulations. Sanctions for violations of duties, prohibitions, professional ethics, and notarial codes of conduct may result in temporary suspension or dishonorable discharge from office. Violations of the provisions as referred to in the Notary Law and Notarial Code of Ethics.
Pertanggung Jawaban Pidana Terhadap Penelentaran Isteri Oleh Suami yang Sah: Studi di Kec. Medan denai Erni Elvisyahri; Ismail Koto
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.v6i2.6831

Abstract

Society still considers cases of violence that occur within the family as a private matter that should not be involved by outsiders, not only domestic violence is the main problem but also with the issue of neglect that occurs within the family, the problem is also very broad, not only regarding livelihoods. it is not appropriate, there is also a problem, namely being a drug addict, so the problem of neglect is the same as domestic violence which often occurs recently, in Law No. 23 of 2004 concerning the Elimination of Domestic Violence (PDKRT) it is prohibited to abandon people within the scope of their household, even though according to the law that applies to him or because of an agreement or agreement he is obliged to provide life, care or maintenance to that person. Based on Article 49 letter a of the PKDRT Law (Elimination of Domestic Violence). And the Criminal Code also explains that the husband's act of entering into a polygamous marriage without court permission is a criminal offense as regulated in Article 279 of the Criminal Code. The research objective used in this journal is empirical juridical research, namely research that aims to combine research using books or laws and is carried out using interview methods which aim to add to the journal's research. The crimes that have occurred so far have started from the smallest environment, namely the family or household, to the larger environment, namely society. Abandoning one's household is a bad and disgraceful act, in the view of the general public, people who abandon their family are considered to have committed a disgraceful act and socially they will receive sanctions in the form of a despicable label on the perpetrator of the neglect. Keywords: Neglect, Criminal Liability, By legal husband
Strategi Penegakan Hukum dalam Penyelesaian Praktik Mafia Tanah dengan Instrumen Hukum Perdata di Indonesia Akbar Kurnia Rahman; Andiera Eko Ramadhanty; Elalia Sari Rusli; Maisye Angely Putri Purnomo; Umbu Landu Parangga; Wulan Dwita
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.v6i2.6833

Abstract

The aim of the research is to determine the implementation of the land mafia's framework in carrying out its mission. By knowing the steps taken or determined by the government in handling land mafia cases in accordance with civil law instruments in Indonesia. This research applies normative juridical methods to conduct legal studies which are a form of construction of established regulations and rules. The norms and rules that apply in society are defined as laws, and the laws and regulations that govern a nation contain statements about these guidelines. The results of this research show that efforts to implement law enforcement are mainly taken by the government to reduce the possibility of these problems occurring, namely by forming a Land Mafia Prevention and Eradication Task Force (STPPMT) as well as a Team for the Acceleration of Agrarian Conflict Resolution (TPPKA) as a group dedicated to eradicating the land mafia. . movement. Second, utilize internet resources and direct services to the BPN office to verify the validity of land certificates..
Analisis Konsistensi Putusan Hakim terhadap Perjanjian Nominee atas Hak Milik Tanah di Wilayah Indonesia antara Warga Negara Asing (WNA) dan Warga Negara Indonesia (WNI) Imelda Martinelli; Lavienda William; Yessa Milianty
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.v6i2.6846

Abstract

Based on the legal provisions in the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Principles, foreign nationals are not allowed to hold ownership rights over land in Indonesia. However, this restriction on land ownership does not prevent foreign nationals from making various efforts to still own land in Indonesia. Many cases have been found where foreign nationals (WNA) and Indonesian nationals (WNI) enter into nominee agreements (using a proxy) based on the principle of freedom of contract to circumvent the prevailing law. The main research object of this scientific writing is the consistency of judges' decisions in adjudicating nominee agreements by comparing various rulings, namely, Adjudication No. 259/Pdt.G/2020/PN.Gin, Adjudication No. 872/Pdt.G/2020/PN.Dps, and Adjudication No. 271/Pdt.G/2019/PN.Dpk. The research method used is normative juridical research with a qualitative approach. The results of the study concluded that nominee agreements entered into by foreign nationals and Indonesian nationals for land ownership in Indonesia constitute a form of legal evasion, rendering such agreements invalid and null and void by law. This is because Indonesian agrarian law establishes the principle that land and property ownership must be clear and transparent, and prohibits foreign nationals from owning land in Indonesia. It is hoped that the government will enact regulations prohibiting the practice of nominee agreements to enforce the applicable laws.
Kontrol Perilaku Ibu Rumah Tangga Terhadap Penggunaan Tas Belanja untuk Mengurangi Penggunaan Kantong Plastik Terhadap Lingkungan Sekitar Deviana Melati
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.v6i3.6879

Abstract

The environmental pollution that occurs is increasingly creating awareness on the part of consumers. Wrong One cause of environmental pollution is the use of plastic bags. Use of pockets Plastics that are not environmentally friendly cause environmental damage. Therefore, it is necessary there is a change in the use of inorganic plastic bags to environmentally friendly shopping bags. Changing the use of environmentally friendly shopping bags can reduce the impact of pollution Environment: The aim of this research is to investigate changes in green bags or ecobags Use environmentally friendly shopping bags instead of plastic bags. Environmentally friendly tote bags made from canvas or various types of fabric with designs that have added value and can be folded into a pocket bag, with the addition of batik cloth elements as a medium for preserving Indonesian culture can create added value for both the user and the supplier himself. This idea emerged because of the accumulation of rubbish which is always increasing every day in every part of the world. In Indonesia itself, plastic waste is in the second highest position after food waste. This is based on data in the National Waste Management Information System (SIPSN) in 2021, approximately 15.7% of waste in Indonesia is in the form of single-use plastic. Data from the Indonesian Central Statistics Agency (BPS) in 2018 shows the fact that Indonesia is the second largest contributor of plastic waste in the world. People consume a lot of instant food with plastic packaging, and a lot of it people who have the habit of using plastic bags when carrying out Shopping transactions are the cause of the accumulation of plastic waste in Indonesia.
Perlindungan Hukum Jaminan Kesehatan di Indonesia Ezravania Rahmat; Gunardi Lie
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.v6i3.6904

Abstract

Social security is an important system in providing adequate protection and access to health services for the community. The most important social security is health insurance. Health insurance is regulated through specific laws and regulations. The implementation of Health Insurance involves the Health Insurance Administering Agency (BPJS) as the one that manages the health insurance program. BPJS is responsible for managing funds, paying claims, setting service rates, monitoring service quality and providing information and education to participants. With the collaboration between BPJS Health and health facilities (Hospitals) through cooperation agreements to ensure access and quality of health services in accordance with established standards. In its implementation related to law enforcement, the effectiveness of the law, public awareness and compliance must be evaluated through several variables of target accuracy, program socialization, achievement of program objectives and implementation monitoring that affect health insurance. The research method used is normative legal research which is descriptive analytical in nature which describes precisely the characteristics of an individual, situation, symptom or particular group and to determine whether or not there is a relationship between a symptom and other symptoms in society. The type of data used is from literature, official documents. The data collection technique used was a literature study with additional interviews from the Health Social Security Administration (BPJS) and one at the hospital. With this health insurance program, some people have registered, but for those who have not registered, BPJS should provide outreach to its participants. In the event that the complaint process is carried out in less days than specified in the regulations.
Analisa Kepastian Hukum Sertipikat Pengganti Atas Tanah Hak Milik Mussa Ali Fatullah; Husein Manalu
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.v6i2.6924

Abstract

The implementation of land registration in society is a state duty organized by the government for the interests of the people. In providing land rights status in Indonesia organized by the Land Office, there are still many people who do not know the procedure procedures if there is a loss of certificates, examples of cases occur in rural areas such as Cibatu Village, South Cikarang, Bekasi, one of its citizens has lost certificates his land. In conducting this research the approach used in solving problems using the empirical juridical approach method. While the empirical approach is to look at the law as a social, cultural, or watershed reality because in this study the data used primary data directly from the study site. Issuance or procedure for certificate of lost land rights must be in accordance with applicable rules. However, in the event that the issuance of a substitute certificate has been set by the laws and regulations as the author has described above, namely it is set in Article 57 paragraph (1) Government Regulation No. 24 of 1997 which states that on the request of a rights holder issued a new certificate as Substitutes of damaged certificates, lost, still use certificate blanks that are no longer used, or that are not handed over to buyers of auction in execution. Substitute certificate holders receive legal protection stipulated in applicable laws and regulations. Legal Protection of Certificate of Land Rights Certificate is the same as the first legal protection of the certificate, if there is no objection or problem in the application process, BPN will submit a replacement certificate to the applicant as the owner of the land object. As stipulated in the Law No. 5 of 1960 Article 19 paragraph (2) letter c, Government Regulation No. 24 of 1997 Article 1 number 20 and Article 32 paragraph (1). Procedure for obtaining a certificate of replacement for lost land rights involves several steps that must be followed in accordance with applicable regulations. Starting from the loss report to the police, the process of blocking the certificate at the land office, to submit a submission of a replacement certificate and verification of documents at the National Land Agency (BPN). The process of issuing a substitute certificate for lost land rights is clearly regulated in applicable laws and regulations, providing legal certainty and protection guarantees for replacement certificates.
Peran Mediasi dalam Menyelesaikan Sengketa Tanah Sebagai Alternatif Penyelesaian Sengketa di Luar Pengadilan: Studi Kasus di Desa Sumberjaya Kecamatan Tempuran Kabupaten Karawang Andi Muhamad Bintang S; Lia Amaliya; Da’i Safuad Ixal; Muhamad Aldy Ardiansyah; Zulfiansyah Yusuf Suroso
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.v6i2.6947

Abstract

Agrarian law legally regulates land, with Law Number 5 of 1960 concerning Basic Agrarian Regulations as its juridical basis. Land disputes are one of the land issues that often occur in Indonesia, with complicated and unique problem characteristics, which are different from problems in other fields. An example of a land dispute occurred in Sumberjaya Village. Settlement of land disputes can be done through various means, both through the courts and outside the courts, such as Negotiation, Arbitration, Conciliation, and Mediation. The focus of this article is to gain an understanding of how mediation plays a role in land dispute resolution as an alternative dispute resolution that does not involve the court and how land disputes are resolved in Sumberjaya Village through mediation. This article uses empirical juridical research methods. The results show that mediation plays an important role in the process of resolving land disputes, although there are weaknesses in its application. In an effort to resolve land disputes in Sumberjaya Village, the disputing parties have attempted to settle through mediation dozens of times, but there are obstacles and constraints in the form of difficulties in harmonizing the interests of the parties involved in the conflict, as well as difficulties in ensuring their presence in the mediation process, which causes until now the land dispute in Sumberjaya Village has not yet had a meeting point in its resolution.
Psikologi Keluarga Sebagai Pedoman dalam Pola Pengasuhan Anak Remaja Fatiha Sabila Putri Matondang; Mukhlis Tri Mulya Marpaung; Muhammad Alfath Lubis; Juli Aini Syafitri Lubis; Rahma Aulia
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.v6i2.6949

Abstract

The personality of a child is heavily influenced by genetic and environmental factors, the urgency of the role of the parent in the formation of the child's personality is of paramount importance, since the parent is the first to make a contribution to a child' s personality. Parental patterns are crucial to children's development. In addition, adolescence is a transition from childhood to adulthood, where changes occur, including physical, social, and mental changes. With all these changes, adolescents face the challenge of controlling their emotions and behaving according to social norms. Parental patterns also play a role in the process of changes that adolescents experience, as well as how they behave and behave in society. The aim of this study was to find out how parental patterns relate to the development of children in adolescence.
Analisis Kekuasaan Presiden dalam Proses Pembentukan Undang-Undang Ditinjau dari Perspektif Trias Politica Tamara Yuldha; Husein Manalu
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.v6i2.6954

Abstract

In the 1945 Constitution of the Republic of Indonesia (UUD RI), Article 20 paragraph (2) states that approved bills must be passed by the President, which indicates that the President of the Republic of Indonesia has a role in the discussion of laws. In the United States, the President is not involved in the discussion of the bill, but has the right of veto to reject the bill. This aims to prevent laws that are detrimental to society. However, Article 22 of the 1945 Constitution has created a debate about the limits of the President's authority to form a Government Regulation in Lieu of Law (PERPU), especially in relation to the urgency that can be subjective. The 1945 Constitution of the Republic of Indonesia emphasizes that the House of Representatives (DPR) has the main role in the legislative and supervisory functions. This study aims to explain the power of the President in the formation of laws, taking into account the principle of Trias Politica. The President's authority to enact PERPU is based on Article 22 paragraph (1) of the 1945 Constitution, which authorizes the President in the face of compelling urgency. In addition, the process of promulgation through the promulgation stage is also emphasized by Law Number 15 of 2019 concerning the Formation of Legislation. The promulgation stage is one of the five steps in the formation of laws, after officially becoming a law, the regulation can be accessed, known, and obeyed by everyone. However, in practice, every bill submitted by the Government usually passes the discussion stage with the DPR.

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