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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 403 Documents
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Optimalisasi Pos Bantuan Hukum dalam Pemberian Hak Warga Negara pada Kasus Pidana di Pengadilan Negeri Windi Riyani; Aziza Aziz Rahmaningsih; Firmansyah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6241

Abstract

The implementation of Legal Aid provided by Posbakum at the Metro District Court is one of the various ways to help underprivileged people access their legal rights. This research focuses on the formulation of strategies on evidence of protection of citizens' rights by providing access for the public through legal assistance facilitated by the Metro District Court through posbakum. This paper also identifies the important components that make this legal aid post a solution for justice-seeking communities. This research uses qualitative methods to gain a deep understanding of the needs of the underprivileged community in resolving their cases in the District Court. And the results underscore how important it is to address the challenges faced by communities in obtaining justice and legal certainty in their needs from the legal aid post that can be felt.
Kedudukan Notaris yang diangkat berdasarkan Surat Edaran Kementerian Hukum dan HAM Nomor AHU-AH.02-37 Tahun 2024 Dandi Tisna Satria
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6283

Abstract

A notary is a public official who has the authority to make authentic deeds and serve the interests of the community who is appointed and dismissed by the Minister. So in this case the Notary as a public official has a big responsibility to provide legal certainty to the public through authentic deeds. The appointment of a notary as a public official here must be based on the Notary Position Law and Minister of Law and Human Rights Regulation Number 19 of 2019. The issuance of the Ministry of Law and Human Rights Circular Letter Number AHU-AH.02-37 of 2024 has resulted in irregularities in its issuance and has become a problem for notaries who has not been appointed or has been appointed and the validity of the Notary's appointment can be questioned if the Notary's appointment is valid due to the Law on the Position of Notaries and the Minister of Law and Human Rights Regulation which is A higher score cannot be a valid condition for the appointment of a Notary Public. In this case, the position of the Circular Letter issued has a hierarchy which is not a statutory regulation because it is only a guideline, direction and confirmation of its binding force only internally and its position must not conflict with higher regulations. This research uses normative law, namely research carried out by examining library materials or secondary legal materials and approaching the problem based on laws and a conceptual approach. The results of the research show that the basis for appointing a Notary Public is invalid because it must be based on the Notary Position Law and Permenkumham 19/2019, not based on the Circular Letter of the Ministry of Law and Human Rights Number AHU-AH.02-37 of 2024. So the Code of Ethics test is organized by the Ministry is invalid and invalid even though it was formed based on the authority of the Minister but is in conflict with regulations and laws which have a higher position.
Kriminalisasi Kemiskinan dalam Perspektif Sosiologi Hukum terhadap Kebijakan Penertiban Masyarakat Marginal Fitri Jihad Aminah; Siti Kuraesin; Agus Nandar Syaripudin; Rizal Mutaqin; Beni Ahmad Saebani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6285

Abstract

This study aims to analyze the policy of regulating marginalized poor communities in the context of legal sociology, as well as the impact of the policy of regulating marginalized communities socially and legally. This research uses a normative method with a legal sociology approach to analyze policing policies against marginalized communities as a form of criminalization of poverty. Research focuses on written and unwritten legal norms related to poverty and human rights. The main data source includes statutory regulations, while secondary data consists of literature and expert opinions. Data collection techniques use library research, with qualitative analysis based on legal sociology theory. The results of this research show that marginal poor communities in Indonesia live in limited socio-economic conditions, often face discrimination, and are marginalized by policies that do not support them. Social inequality between rural and urban areas is still significant. Repressive policing policies, such as forced evictions and criminalization of informal activities, worsen their situation. This research emphasizes the need for social justice-based policies that empower marginalized communities, as well as legal reform to create a more inclusive and fair system. The active involvement of marginalized groups in policy making is very important to break the cycle of poverty and improve their welfare
Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Peraturan Pemerintah Nomor 35 Tahun 2021 Tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja Ria Sintha Devi
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.v6i4.6307

Abstract

This research discusses how to implement fixed-term work agreements (PKWT) based on Government Regulation (PP) Number 35 of 2021 concerning Fixed-Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations. This type of research is normative law and the nature of this research is descriptive analysis. The data collection technique was carried out by means of library research, the data used is secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. Research results This method uses qualitative analysis which will later be arranged systematically to answer the problems that have been formulated. Regulations regarding PKWT itself have been specifically regulated in Law no. 13 of 2003 (Employment Law), but along with the enactment of Law no. 10 of 2020 (Job Creation Law) which was later amended by Law no. 06 of 2023, several provisions in the Employment Law have undergone changes. However, the rules regarding the validity of a work agreement have not changed as regulated in article 52 of the Manpower Law. The Specific Time Work Agreement (PKWT) underwent several significant changes after the enactment of Law no. 6 of 2023 which is a stipulation from Perppu no. 2 of 2022 concerning Job Creation, as well as Government Regulation (PP) no. 35 of 2021. In PKWT, contract workers have a working period specified in the agreement, and the Job Creation Law introduces new provisions regarding compensation for contract workers when the work period ends, different from the previous Employment Law. Job Creation Law no. 6 of 2023 also extends the duration of PKWT, clarifies the types of work that can be tied to PKWT, and adds rules regarding non-permanent work. The PKWT extension provisions, which were previously limited to three years, can now be extended to five years or until the work is completed. One other important difference is that PKWT must be in writing, and if not, it automatically changes to PKWTT.
Environmental Crimes in The Perspective of Criminal Law and Ecosystem Protection in Indonesia Rudolf Silaban
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.v6i4.6308

Abstract

Law Number 32 of 2009 concerning Environmental Protection and Management is the legal basis that regulates various forms of environmental violations, ranging from pollution to destruction of natural resources. The aim is to analyze how criminal law is applied to deal with environmental crimes in Indonesia and create existing conditions and enforcement laws. The research method commonly used in studying environmental crimes in Indonesia is a qualitative approach, which involves interviews with key stakeholders such as government officials, environmental activists, and local communities. The results of this study show that environmental protection is very important and should be a priority for all parties. So that the criminal law that regulates environmental crimes can encourage the awareness and responsibility of the same person and the same person in preserving the environment. The implementation of strict criminal law against environmental crimes is expected to have a deterrent effect on perpetrators who damage the environment.
Analisis Yuridis Meningkatnya Pemutusan Hubungan Kerja di Bidang Manufaktur Khususnya Industri Tekstil dan Keadilan Bagi Industri Lokal di Bidang Perdagangan Sheefa Almaira Koswandi; Christin Septina Basani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6371

Abstract

In recent months, Indonesia has faced a major challenge in global competition and unfavorable import policies towards local products, especially in the textile industry. In this condition, many companies have carried out mass layoffs as an efficient step for which government policies in the field of trade are needed. The approach taken is Normative Juridical, by analyzing laws and regulations related to employment and trade such as Law Number 13 of 2003 concerning Manpower, Law Number 11 of 2020 concerning Job Creation, and Regulation of the Minister of Trade Number 8 of 2024 which is the Third Amendment to Regulation of the Minister of Trade Number 36 of 2023 concerning Import Policy and Regulation, as well as a conceptual approach. The results of the study have shown that layoffs in the textile industry have increased due to the flood of imported goods that can reduce local production. The current guidelines are not strict enough to protect local products. Therefore, stricter regulations are needed to control imports and support domestic industries to provide justice in the industrial sector.
Pemilu yang Adil: Strategi Penanganan Pidana Pemilu di Indonesia Larasati Khoirunnisa; Siti Fatimah; Muhammad Adib Alfarisi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6374

Abstract

General elections in Indonesia are carried out with a democratic mechanism to elect people’s representatives or leaders. Althought democracy is not the same as general elections, general elections are an important component of democracy that must also be held democratically. Article 22 E of the 1945 Republic of Indonesia Law serves as the main legal basis for general elections. This is intended to produce members of the DPR, DPD, DPRD, and members of the DPR at the district, provincial, and central levels. One of the main mandates of the constitution is to create democratic and quality elections. However, fraud, violations, and abuse of power continue to occur during the implementation of general elections. Money politics is currently a strong legal problem and continues to increase every year, making it one of the practices that damage democracy in Indonesia. General elections or abbreviated as elections are one way to conduct elections, in Islamic law the election is permissible or permissible, but in its implementation it must still be in accordance with sharia provisions and not cause harm. This stdy uses a normative legal research type that examines applicable laws and regulation. The conclusion of this study is that democracy has limited the opportunities for money politics practices, so it is necessary to enforce regulations to prevent and control money politics from occurring in the 2024 simultaneous elections, and the role and efforts of Bawaslu are needed to directly eradicate money politics in the 2024 elections by forming a money politics movement down to the village level.
Perlindungan Konsumen Pembelian Rumah Indent Siap Huni Terhadap Perilaku Ingkar Janji Developer Dalam Putusan Nomor 64/Pid.Sus/2023/PN Smg Nabila Khairunnisa Azizia
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.v6i4.6402

Abstract

Home is one of the needs that humans must have. This increasing need has led to developments in the housing sector. Developers or developers with all marketing strategies to attract potential consumers, Decision Number 64/Pid.Sus/2023/PN. SMG as a basis for researching consumer rights that have been violated and efforts to restore consumer rights. The writing method in this research uses a normative juridical method using secondary data, namely primary, secondary and tertiary legal materials carried out by literature study. The legal relationship between the two parties is a sale and purchase agreement. The agreement between consumers and business actors complies with Article 1320 of the Civil Code, and rights and obligations arise for the parties. Business actors promised to complete the development but were not fulfilled. Business actors violate the obligation to have good faith in carrying out their business, and offer goods that do not comply with the agreement. By not fulfilling these obligations, consumers' rights are violated because business actors do not provide correct, clear and honest information regarding the condition of the goods. Consumers can file claims for breach of contract against business actors. Business actors guarantee SHM to other parties without permission, causing losses to consumers, so compensation can be requested, according to the elements of an Unlawful Act, as well as imposing mortgage rights on the parties to declare the mortgage rights null and void. In this way, preventive and repressive protection can be created to provide protection for the parties.
Kebebasan Berpendapat dan Jerat Digital: Analisis Nullum Crimen Sine Lege dalam Pasal 27 Ayat (3) Undang-Undang ITE dan Relevansinya dengan Pasal 19 Deklarasi Universal Hak Asasi Manusia Suhandry Aristo Sitanggang; Tajul Arifin; Ine Fauzia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6423

Abstract

The fact that the ITE Law's implementation of Article 27 Paragraph 3 fails to meet one of the legality principle's requirements—nullum crimen, nulla poena sine lege certa—motivates this study. “The article does not give the community legal certainty because it is ambiguous and subject to multiple interpretations. One of the fundamental rights guaranteed by the Universal Declaration of Human Rights is the right to free speech. The purpose of this study is to examine digital traps and freedom of speech. It also examines the ITE Law's nullum crimen sine lege premise and how it relates to Article 19 of the Universal Declaration of Human Rights.” This study uses a descriptive analysis method and focuses on a normative legal approach. The information was gathered by searching and analyzing the legal materials in the library. With an emphasis on theoretical analysis of the concepts of freedom of speech and digital snares, the principle of nullum crimen sine lege against human rights, and its implementation in Indonesia, the data analysis technique employs a qualitative legal method, where the data obtained is analyzed deductively. According to the study's findings, Article 27 of the ITE Law is a rubber article that can be interpreted in a variety of ways, raising doubts about its legality. Despite being fundamental, this right might be restricted by law to ensure that human rights, other people's fundamental freedoms, morality, public order, and national interests are recognized and respected. The study's conclusions suggest that in order to prevent misunderstandings and misuse, the article must be precise and unambiguous. Its application must be supported by solid evidence and consistent with the principles of clear article formulation, and it must be balanced with the preservation of free speech. Furthermore, restrictions on freedom of communication must be explicitly outlined in legislation and can only be used to stop defamation, safeguard national security, and stop incitement to violence and hatred.
Gambaran Resiliensi pada Ibu dengan Anak Speech delay Assila Corina Lahallo; Fatchiah E. Kertamuda
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): 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.v7i1.6441

Abstract

Children experiencing Speech delay, also known as delayed speech, have special needs. Therefore, Speech delay poses its own challenges for mothers. Thus, the role of parents considered most significant in child development is that of the mother, who must demonstrate resilience in facing the situation of a child with Speech delay. This study aims to provide an overview of Resilience in Mothers with Children with Speech delay. The research employed a qualitative method. The subject in this study was a 33 years old mother with a speeh delay child, the child had been diagnosed for more than 1 year, and the child had or was in the process of therapy. Primary data were obtained from the words or interview results from mothers with children with speech disorders. Analysis was conducted using techniques such as those proposed by Miles and Huberman, namely Reduction, Presentation, and Conclusion drawing.

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