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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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Implementasi Hukum Adat dalam Pembagian dan Penyelesaian Sengketa Waris pada Masyarakat Minangkabau: Studi Kasus Kerapatan Adat Pagaruyung Ismatul Karimah; Ade Gunawan
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.v6i2.7102

Abstract

Indonesia also recognizes customary inheritance law that encompasses a variety of different traditions and legal systems, depending on the ethnic group and region. Referring to inheritance law in Minangkabau, the indigenous community is known for its matrilineal kinship system, where lineage and inheritance are inherited through the mother's lineage. This study aims to determine the implementation of the distribution of customary inheritance law in Minangkabau indigenous peoples. This research uses the Normative-Empirical method, because the researcher combines elements of normative and empirical law, and the author also examines a legal case from an interview with the Chairman of the Nagari Pagaruyuang Customary Density. In Minangkabau society, the applicable inheritance law is different from inheritance law in civil law, the kinship system adopted is a matrilineal kinship system with the distribution of inheritance in the form of sako and pusako. Dispute resolution involves the active role of the customary clan/elder as mediator, decision-maker, and implementation of the decision. Inheritance disputes in Minangkabau society are a complex phenomenon involving various cultural, social and legal factors. Minangkabau customary law plays a central role in regulating inheritance distribution and conflict resolution. Values such as kinship, social justice and deliberation are key principles in this process, with deliberation as a means to reach mutual agreement in dispute resolution.
Kewenangan Jaksa Pengacara Negara dalam Memberikan Bantuan Hukum Non Litigasi pada Perkara Perdata: Studi Kasus di Kejaksaan Tinggi DIY Amara Arruum Acknaasya; Niken Wahyuning Retno Mumpuni
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.v6i2.7109

Abstract

This research aims to examine the authority and role of State Prosecutors in providing non-litigation legal assistance in civil cases, with a case study conducted at the High Prosecutor's Office in Yogyakarta Special Region. The study explores the application of legal rules and analyzes the implementation of legal assistance provided by the Prosecutor's Office in cases of defaulted loans faced by PT. Permodalan Nasional Madani (Persero), a state-owned financial institution supporting SMEs, using both normative and empirical approaches. Primary legal materials such as various related laws and secondary legal materials from journal articles and literature were utilized. The research findings indicate that State Prosecutors significantly influence the provision of non-litigation legal assistance, yet encounter several obstacles. External obstacles include debtors' lack of awareness of their obligations and minimal requests for legal assistance from government agencies, state-owned enterprises, and regional-owned enterprises (BUMD). Meanwhile, internal obstacles primarily relate to budget limitations that hinder the efficiency and effectiveness of handling civil cases. The case highlighted in this study involves the collection of a working capital loan amounting to IDR 45 million provided by PT. PNM Branch Yogyakarta to a debtor who failed to repay. Through case analysis, it was found that State Prosecutors undertook a series of steps from receiving requests for legal assistance, collecting data and evidence, to negotiating and resolving the issue. In this case, negotiations successfully recovered state finances with the debtor settling outstanding debts amounting to IDR 27,925,995. This research underscores the role of State Prosecutors in providing non-litigation legal assistance and emphasizes the need for increased understanding and budget allocation to optimize the resolution of non-litigation civil cases.
Implementasi Penerapan Perlindungan Konsumen dan Penyelesaian Sengketa Terhadap Perdagangan Pakaian Bekas di Kota Kotamobagu Sulawesi Utara Adityo Prasetyo; Wahyu Adi Mudiparwanto
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.v6i2.7113

Abstract

Consumer protection is a form of protection based on law created to protect consumers and fulfill consumer rights. This research aims to implement it for consumers who feel disadvantaged and how to resolve disputes between consumers and business actors. In this research there is a normative empirical method. The results of this research state that there are losses experienced by consumers from the use of goods/or services from business actors, ultimately resulting in disputes between the two parties. Therefore, consumers do not get their rights as consumers and business actors do not carry out their business in accordance with the provisions of the applicable laws. The conclusion in this research is that even though consumers feel disadvantaged by business actors, they still get their rights as consumers. Business actors fulfill their obligations as business actors who are responsible for actions that harm consumers. Consumer protection in this case is very important to ensure justice and legal certainty for every consumer.
Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim Zhafira Amalia Irfanti
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.v6i3.7116

Abstract

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.
Urgensi Persetujuan Dewan Perwakilan Rakyat dalam Pengangkatan Jabatan Publik Fany Krisdianto; Dodi Jaya
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.v6i2.7129

Abstract

Every country and every government, whatever its form and system of government, is required to design and implement policies that are appropriate to the socio-economic conditions of its people and are effective in directing the policies that must be implemented by government organs and government bureaucracy. decisions made by someone who has authority in government, both formal and informal. The approval of the House of Representatives (DPR) for appointments to public positions that are not regulated in the 1945 Constitution of the Republic of Indonesia is an important mechanism in the Indonesian constitutional system. Although the 1945 NRI Constitution does not regulate in detail all public positions, several derivative laws give the DPR the authority to approve the appointment of certain officials. This process is important to ensure checks and balances in government, prevent abuse of power by the executive, and increase accountability and transparency. Through an open fit and proper test, Constitutional Court Decision Number 16/PUU-XII/2014, I Request for re-examination regarding paragraphs (2) to (8) Article 30 of the Corruption Eradication Commission Law, Law concerning DPR Involvement in Recruitment Corruption Activities candidate for member of the Corruption Eradication Commission. Participating in filling public positions by the DPR is regulated by the 1945 Constitution of the Republic of Indonesia (1945 Constitution) and so on. The 1945 Constitution with its broad authority has its own objectives. This study seeks to understand how constitutional DPR protocols can assess the competence and integrity of candidates for public office, so that elected officials are able to carry out their duties well and receive legitimacy from the people. Thus, the DPR's involvement in this process strengthens democratic principles and improves the quality of government in Indonesia.
Abuse of Authority Against Judicial Power in Constitutional Court Decision No.90/PUU-XXI/2023 Rismayani Rismayani; Dinda Difia Madina; Karimuddin Karimuddin
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.v6i2.7137

Abstract

Each law enforcer has its own authority according to what has been regulated in Indonesian laws and regulations. These provisions are stated in the Judicial Power Law No. 48 of 2009 which states that power judiciary according to The 1945 Constitution of the Republic of Indonesia is independent power . However, what has happened in Indonesia recently seems to be diminishing justice and putting aside codes of ethics in the world of law. The facts that occurred in the Constitutional Court decision No. 90 of 2023 regarding the age limit for presidential and vice presidential candidates were considered a decision that violated the code of ethics because there was a conflict of interest. In fact, the decision was built based on less than rational legal reasoning, resulting in a decision that was considered problematic. Based on the background description above, problems arise in the form of how a judge's authority should be in deciding cases in accordance with what is contained in the legislation. Then what are the legal remedies given in the form of sanctions to judges who are proven to be abusing their authority? This research uses a normative juridical approach, namely by looking at the rules and principles applied in the judiciary in Indonesia. The administration of government must be based on the principles of legality, protection, human rights and AUPB, especially in terms of the principle of not abusing power. Article 10 paragraph (1) letter e and the explanation of Law Number 30 of 2014 stipulate the principle of not abusing one's own authority. This basis requires every government agency and official not to exceed, abuse or confuse their authority for personal or other interests.
Poligami: Berdasarkan Konsep Keadilan dan Teori Limit Muhammad Syahrur Faisol Muzakky; Nerisma Eka 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.v6i2.7145

Abstract

The discourse of polygamy is a topic that reaps the pros and cons among the Ulama’ and becomes a hot topic of discussion at the community level. Full attention of Islam regarding polygamy is not merely done without conditions, but Islam stipulates polygamy on the condition that is fair and there are restrictions on the number of wives. For his reason, reseaechers are interested in conducting deeper research on the concept of justice of polygamy practices which are still a topic of debate among the public based on the limit theory by Muhammad Syahrur. This research uses a critical descriptive research model using a methodological comparative study approach to analyze problems using the limit theory put forward by Muhammad Syahrur. This type of research is library research. Te source of this research is obtained from two legal materials, namely premier and secondary. This research uses isis analysis technique to find data to adjust the object to be studied by focusing on criticism. So that the results found that Syahrur argues that polygamy must be implemented when there has been a probem in society, but also must leave the practice when no problem is found. The concept of the limit theory put forward by heading the two conditions, including the first, namely that the second, third, or fourth wife is a widow who has an orphan, than the second is the fear of not being able to be fair to the orphan, as stated in Surah An-Nisa’ verse 3.
Peran Keluarga dalam Pencegahan Perilaku Kriminal pada Anak Kajian Kriminologi Kyla Dwi Azrania; Hasuri Hasuri
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.v6i3.7153

Abstract

Criminal behavior in children is a complex phenomenon and requires serious attention from various parties, including families. Criminology as a science that studies the causes and prevention of crime provides an important foundation in understanding the role of the family in preventing criminal behavior in children. This research aims to examine the role of the family in preventing criminal behavior in children from a criminological perspective. This study uses literature analysis methods to identify factors that influence children's criminal behavior and the role of the family in preventing it. The results of the analysis show that the family has a significant role in shaping children's character and behavior. Harmonious family conditions, open communication, and the formation of strong moral values can be protective factors in preventing children from being involved in criminal behavior. However, there are also risk factors in the family environment that can increase the likelihood that children will be involved in criminal behavior, such as domestic conflict, neglect, and domestic violence. Therefore, the role of the family in preventing criminal behavior in children needs to be strengthened through intervention programs that support the formation of a healthy family environment and support positive child development. This research concludes that to reduce crime rates among children, preventive measures must involve the active role of the family as the smallest unit in society. By understanding the factors that influence children's criminal behavior and the role of families in preventing it, effective intervention strategies can be designed to create a safe environment and support the quality growth of children.
Adat Upah-Upah setelah Khitanan di Masyarakat Labuhan Bilik Menurut Tokoh Muhammadiyah dan Tokoh Al-Washliyah Sri Rahmadani; Ahmad Zuhri
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.v6i3.7157

Abstract

In Islamic law, tradition/custom is known as Urf, which is ‘something that is considered good and accepted by common sense’. The patterns and differences in the customs of each community in a particular area are caused by the cultural values that underlie the life of the local community. Similarly, the customs adopted by the Labuhan Bilik community in Central Panai Sub-district have a variety of cultures, one of which is the wage-upah custom. This wage-upah custom received two different responses from Islamic mass organisation leaders, namely Muhammadiyah leaders of Panai Tengah Subdistrict and Al-Washliyah leaders of Panai Tengah Subdistrict. This research aims to find out how the implementation, the value contained in the wage-upah custom in the Labuhan Bilik community, how the opinions of Muhammadiyah Leaders and Al-Washliyah Leaders of Central Panai District, as well as which opinion is more relevant in relation to the chronology in Labuhan Bilik Central Panai District. This research uses a comparative empirical sociological research method, qualitative research type with an anthropological approach. The results show that the opinion of Muhammadiyah leaders is more relevant to be applied in Labuhan Bilik, because the wage-upah custom is a form of practice that is a hereditary custom that was not taught by the Prophet, as well as customs that resemble the culture of another religion, namely Hinduism, if you want to show affection or want to give encouragement, just pray directly to Allah swt without going through other intermediaries.
Konsep dan Tantangan Zona Kuliner Halal Aman dan Sehat Perspektif Maqasid Al-Syariah Sovi Santri Susanti; Nurjannah Septyanun; Yulias Erwin
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.v6i3.7167

Abstract

The existence of a halal, safe and healthy culinary zone is one of the things that supports economic development. With the existence of a halal culinary area, we can provide services that can guarantee that the food and drinks consumed are halal, healthy and comfortable for visitors. Consuming halal, safe and healthy food is a consumer's right, regardless of ethnicity, race, religion or economy. The halal, safe and healthy culinary zone is not only a place to eat, but also a tourist destination. The aim of this research is to analyze the concept and challenges of the Safe and Healthy Halal Culinary Zone from the Maqashid Al-Syariah perspective. This research uses qualitative research methods, namely research that aims to gain understanding, develop theories, and describe complex related problems. The sources used in qualitative research are only secondary data consisting of written form (library), including primary legal materials, secondary legal materials and tertiary legal materials. This research also uses a conceptual approach and a statutory approach. The results of the research are that the challenges faced by Indonesia are the lack of halal awareness among Indonesian society, the existence of problems in implementing the Halal Product Guarantee Law and the low awareness of Indonesian society to compete. Through this research, it is hoped that many groups will become increasingly aware of the importance of the halal industry so that they can support efforts to advance the Indonesian halal industry. By looking at these potentials and challenges, the government is advised to further promote education for business actors about the importance of maintaining and guaranteeing the quality of goods and services offered to the public, especially regarding guarantees of halalness considering that the majority of Indonesia's population is Muslim. Apart from that, there needs to be assistance for Micro, Small and Medium Enterprises (MSMEs) in the halal certification process.conclusions. 250 words maximum. Abstract should only be typed in one paragraph and in one column format.

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