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Lembaga Publikasi Ilmiah (LPI)  Institut Agama Islam Nasional (IAI-N) Laa Roiba Jl Raya Pemda Pajeleran Sukahati No 41 Cibinong, Bogor 16913 Telp 021-8757150 HP 08118114379 asyari@jurnal-laaroiba.com  
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Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Published by Institut Agama Islam Nasional Laa Roiba Bogor
ISSN : 26568152     EISSN : 26564807     DOI : https://doi.org/10.47467/as
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga 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 praktis yang berkaitan dengan hukum, bimbingan dan konseling keluarga Islam. Publikasi jurnal ini bagian dari kerjasama dengan Masyarakat Ekonomi Syariah dan  Intelectual Association for Islamic Studies (IAFORIS).  E-ISSN 2656-8152 P-ISSN 2656-4807  DOI: 10.47476/as. Terbit tiga kai setahun setiap April, Agustus dan Desember. Volume 1 Nomor 1 2019 sampai Volume 6 Nomor 1 2024 terbit di url https://journal.laaroiba.ac.id/index.php/as. Mulai edisi Volume 6 Nomor 2 2024 sampai selanjutnya terbit di url https://journal-laaroiba.com/ojs/index.php/as
Arjuna Subject : Ilmu Sosial - Hukum
Articles 302 Documents
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Strategi Guru BK dalam Mereduksi Tingkat Stres Siswa Pasca Bullying di Madrasah Aliyah Negeri Palopo Ifa Yunita; Arman Bin Anuar; Andi Nurhayati; Ainul Fahmi; Muhammad Irham Zainuri
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5511

Abstract

This study aims to find out the innovative strategies developed by Guidance and Counseling (BK) teachers at MAN Palopo in reducing the level of psychological stress in students who are victims of bullying. This research was carried out using a qualitative descriptive method where to obtain accurate information, the researchers conducted direct research to BK teachers at MAN Palopo by conducting interviews, observations, and documentation. The object of the study was carried out at MAN Palopo and the subject was a BK teacher where the researcher identified how or how the BK teacher in the school to overcome bullying behavior in the school. Based on the results of research at MAN Palopo, BK teachers' strategies have been proven to be real in the field in reducing students' stress levels after bullying. The approach used includes interventions tailored to each student's needs, a combination of how to deal with problems with a focus on feelings and the problem itself, and helping students to develop their inner strengths. The results of the study show that BK teachers play a role in helping students overcome post-bullying stress with an individual approach. In addition, positive developments were seen in both study subjects. For DF, the guidance counselor uses expressive therapy through dance and cognitive reframing techniques to boost self-confidence. Meanwhile, TM is motivated to utilize his hobby in sports and join a choir group as an emotional expression outlet. Positive developments in both subjects can be seen in the results of interviews with students who continue to show increased confidence and active involvement in school activitie In addition, MAN Palopo also implements a comprehensive anti-bullying program, demonstrating the school's commitment to creating a safe and supportive environment.
Menjalankan Kekuatan Eksekutorial Sertifikat Fidusia Terhadap Benda Jaminan oleh Ketua Pengadilan Hefi Yudiyanto; Faisol Abrori
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5512

Abstract

The executorial power contained in the provisions of article 15 paragraph (2) of the Fiduciary Guarantee Law, makes the position of a fiduciary guarantee certificate equivalent to a court decision which has permanent legal force (inkracht van gewijsde). This executorial power is based on the mandate "For Justice Based on Belief in One Almighty God" as stated in the Fiduciary Guarantee Certificate. The consequences of this irrah-irah have legal consequences for the parties. Therefore, it is interesting to study these two legal products. The analysis was carried out on primary data in the form of main legal materials, namely the provisions of Article 15 paragraph (1), (2), Fiduciary Guarantee Law no. 42 of 1999 and provisions in the Civil Procedure Law Article 224 HIR, Article 258 Rbg. Data collection techniques were carried out using document studies and analyzed perspectively and descriptively. The research results show that a fiduciary certificate does not have executorial power as long as it does not receive an order from the Chief Justice through a Court decision.
Peran Badan Pemulihan Aset di Kejaksaan Negeri Donggala Andika Maulana Syah Putra; Ronny Max Hendra; Rato, Dominikus; Ohoiwutun, Y.A. Triana
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5623

Abstract

This research explains the role of the Asset Recovery Agency (formerly known as the "Asset Recovery Center") at the Donggala District Attorney's Office. In Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia jo. Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia in Article 2 paragraph (1) essentially states that the Attorney General's Office of the Republic of Indonesia is a government institution that exercises state power in the field of prosecution and other authorities based on the law. The research results show that the purpose of the establishment of the Asset Recovery Agency (formerly known as the "Asset Recovery Center") at the Donggala District Attorney's Office is based on the principles of social justice and legal certainty as stipulated by the Prosecutor's Law, whereby the return of assets to the rightful owners or to the State is carried out to achieve this goal, thereby providing a deterrent effect on criminal offenders. Because the illegal acquisition of something or an asset, the asset recovery handling procedure at the Donggala District Attorney's Office is carried out in accordance with the laws and regulations but lacks transparency, as evidenced by the absence of socialization of the Asset Recovery Center (PPA) or Asset Recovery Agency (BPA) to the general public both online and offline. As a result, the general public will have difficulty accessing information regarding the clarity of the status of confiscated goods or assets related to criminal offenses managed by the prosecutor's office. The author believes this because, based on a comparison with the Asset Recovery Center (PPA) and the Asset Recovery Agency (BPA) of the Donggala District Attorney's Office and the Palu District Attorney's Office, information regarding the Asset Recovery Center (PPA) and the Asset Recovery Agency (BPA) and Standard Operating Procedures (SOP) is easily accessible online. To achieve this goal, the PPA and BPA should innovate so that the public can easily access the information provided by the prosecutor's office.
Tinjauan Hukum Keluarga Islam Terhadap Tradisi Ngakuk Salah dalam Perkawinan Adat Komering di Kabupaten Ogan Komering Ulu Timur Sumatera Selatan Taufiq Fauzi; Zuhraini; Iskandar Syukur
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5653

Abstract

Weddings in the Komering tradition have many processions starting from before the wedding to after the wedding. One of Komering's traditional traditions is to confess falsely. Ngakuk Salah is taking a woman with the condition of giving her juadah (glutinous rice cake). The tradition of admitting one's mistakes has been around since ancient times. Most people don't know when the ngakuk salah tradition existed, because this tradition is inherited from their ancestors, they still carry out this tradition even though the ngakuk salah tradition in its implementation is not like marriage in general. The problems observed in this research are how the practice of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra, what is the impact of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra and a review of Islamic family law on the ngakuk tradition wrong in traditional Komering marriages in East Ogan Komering Ulu Regency, South Sumatra. The method used is a qualitative method, namely a method of producing descriptive data. Researchers use data collection including: observation, interviews, and documentation. Based on field findings, the conclusion of this research is that the first traditional practice of ngakuk is wrong in Komering traditional marriages in East Ogan Komering Ulu Regency, namely rasan tuha (negotiation of certainty). Second, determine the certainty of wrongdoing by the male family by bringing ½ can of juadah (sticky rice cake) or 7.5 kg. The third implementation of ngakuk salah is at the man's residence and is carried out on the main road until the wedding ceremony is finished. The impact of the tradition of confessing wrongly in traditional Komering marriages in East Ogan Komering Ulu Regency is that if a married woman cannot receive inheritance and adoq from her parents. Another impact that occurs from this wrongful marriage is that there is no longer any family relationship or position of the children to their parents and if the husband and wife have divorced or are divorced according to customary law then they are allowed to return to their families. This review of Islamic family law regarding the practice of wrongful confession traditions in Komering traditional marriages in East Ogan Komering Ulu Regency does not conflict with Islamic religious norms and customary law because it must still follow the rules in Islamic law as well as in customary law.
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 : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.5700

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.   
Kebijakan Terhadap Anak Berhadapan Hukum Nur Arifah; Muhtar Said
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5729

Abstract

Children are a trust and a gift from God Almighty, because within them are already embedded the rights and dignity as complete human beings. In Law Number 11 of 2012 concerning the Juvenile Justice System in conjunction with Law Number 3 of 1977 concerning the Juvenile Court, the term "Child in Conflict with the Law" is defined. In Chapter 1 Article 1 point 2, it is stated that "A Child in Conflict with the Law is a child who is in conflict with the law, a child who is a victim of a crime, and a child who is subject to criminal sanctions." Furthermore, in point 3, it is mentioned that "A Child in Conflict with the Law, hereinafter referred to as a child who is 12 (twelve) years old but not yet 18 (eighteen) years old, who commits a crime.
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 : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.5738

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.
Perlindungan Hukum Bagi Debitur dalam Sistem Pinjaman Financial Technology (Peer to Peer Lending) Fajar Muazamsyah; Didik Suhariyanto; Puguh Aji Hari Setiawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.5774

Abstract

The development of digital transformation technology requires the banking industry in the banking financial sector to innovate by combining digital technology with customer communication, a technology-based product called financial technology. This development is of course beneficial for the banking financial service system, but on the other hand it creates legal problems. The problems discussed in this study are First, what is the legal protection for debtors in the financial technology lending system (Peer to peer lending). Second, how is law enforcement in the financial technology lending system (peer to peer lending). The research method used is normative juridical law research with a statute approach and a conceptual approach. Legal materials in this study are divided into three sources of legal materials, namely primary, secondary and tertiary data. The results of the study show that debtors get legal protection, both preventive and repressive protection. Protection of preventive protection provided by the government with the aim of preventing before the occurrence of violations in the Peer to-peer lending financial technology transaction system. By providing a regulatory provision in both preventive and repressive protection efforts. The government's steps in preventive legal protection Peer to peer lending include service transparency, fraud prevention and the reliability of service systems and protection systems for personal data. Furthermore, regarding risk mitigation, system governance, education, limits on lending funds, First, repressive protection, handling of legal protection by the General court and by the Administrative Court in Indonesia. Second, government agencies which are administrative appeal institutions. Administrative sanctions in the form of fines, business restrictions, and revocation of activity permits. Law Enforcement in the Financial Technology Loan System through the application of administrative, civil and criminal law. Administrative law enforcement in the form of fines, restrictions on business activities and license revocation. Then, civil law enforcement through internal dispute resolution (IDR), Alternative Dispute Resolution (LAPS), as well as through general courts. While the enforcement of criminal law with criminal law procedures and criminal procedural law. On the other hand, the legal structure of OJK cooperates with law enforcement agencies in collaboration with Bank Indonesia, Polri, Kominfo and the Ministry of Cooperatives.
Penyalahgunaan Jiwa Korsa sebagai Pemicu Tindak Pidana di Kalangan Prajurit: Studi Kasus Penyerangan Polsek Ciracas Talitha Marshanda; Hery Firmansyah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.5942

Abstract

The misuse of the concept of esprit de corps among TNI soldiers can be a significant factor in the emergence of criminal acts, as seen in the case of the attack on the Ciracas Police in 2020. Esprit de corps, which reflects the spirit of collectivity and loyalty between members, often encourages soldiers to prioritize group solidarity over compliance with the law. There is a social theory in individual behavior that is influenced by group norms, in the context of strong solidarity criminal acts such as violence or retaliation become more likely to occur. In addition, social pressure and expectations of the military environment also strengthen this tendency. This article highlights several causal factors, including social injustice and the influence of military culture that contribute to negative behavior in certain situations to preventive efforts that can be taken to address the misuse of esprit de corps.
Urgensi Perlindungan Hak dan Implementasi Pemberian Restitusi bagi Anak Korban Pelecehan Seksual Viane Patricia; Hery Firmansyah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.5943

Abstract

Cases of child sexual abuse have become a serious concern in various countries, including Indonesia. Children, as a vulnerable group, often become victims of sexual crimes, and the impact is not only on the physical aspect but also on their psychological well-being and overall development. Sexual abuse experienced by children can cause long-lasting trauma and affect their quality of life in the future. This research uses the normative legal research method, which relies on the study of library materials. Normative legal research is a type of research conducted through the examination of secondary data or library materials. Cases of child sexual abuse are one of the serious issues that need special attention within the legal system in Indonesia. Children, as a vulnerable group, often become victims of this crime, which not only leaves physical impacts but also deep and long-lasting psychological trauma. The urgency of this protection is not separate from the significant challenges faced in the Indonesian legal system, which still needs to be improved in providing guarantees of protection for child victims of sexual abuse.

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