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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 403 Documents
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Implementasi Prinsip Hukum Kontrak dalam Sengketa Tanah: Pendekatan Ilmiah terhadap Putusan Nomor 11/PDT/2020/PT MND Rifaldo Aditya; Kenzie Samuel Tumondang
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.v7i1.7546

Abstract

Land disputes often arise due to conflicting ownership claims and legal interpretations of land rights. This study analyzes the application of contract law principles in resolving civil land disputes through a case study of Decision Number 11/PDT/2020/PT MND issued by the Manado High Court. The findings indicate that the principles of pacta sunt servanda and good faith play a crucial role in ensuring legal certainty and fairness for all parties. The court’s ruling affirms that a valid agreement must be respected and enforced accordingly. Furthermore, this study recommends strengthening alternative dispute resolution mechanisms such as mediation and arbitration to enhance the efficiency of land dispute resolution.
Status Hukum Anak Angkat Tanpa Penetapan Pengadilan Agama dalam Hukum Positif di Indonesia: Studi Kasus di Kelurahan Cengkeh Turi Binjai Utara Dwi Andreyan Syaputra; Fauziah Lubis
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.v7i1.7550

Abstract

                This study aims to analyze the legal status of adopted children without a court in positive law in Indonesia, focusing on a case study in Cengkeh Turi Binjai Utara Village. A major problem related to the legal status of adopted children arises because of the adoption of children without a court determination. A child who is adopted without court approval does not have a clear legal status, which can affect his rights in several ways, such as inheritance rights, civil rights, and legal protection from exploitation or abuse. This study uses an empirical juridical approach, with a data collection method through interviews and observations of the local community and related parties. The results of the study show that the practice of child adoption in these areas is often carried out based on informal agreements between families, which ignores the legal procedures regulated in Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 54 of 2007. This results in adopted children not getting adequate legal protection, and is at risk of exploitation and loss of their basic rights. Meanwhile, in mawaris fiqh, the adoption of children without a court decision has various consequences. Islamic law allows the adoption of children only to nurture, care for, and educate them as long as their blood relationship with their biological parents is not severed.
Determinan Keputusan Menikah Dini Remaja Perempuan di Kota Malang Ratih Agustin Rachmaningrum; Ritna Sandri; Nurjin Lanang Wibawa
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.v7i1.7677

Abstract

Early-age marriage has serious implications for public health. Marriage requires thorough preparation from the couple so that the family built is of high quality and lasting. The purpose of this research is to identify and analyze the influence of fatherlessness, emotional regulation, and self-control on early-age marriage decisions. This study uses quantitative method with regression analysis. The sampling technique used purposive sampling, and sample size of 102 respondents was obtained through the distribution of questionnaires to young woman’s in the Malang city, East Java Province. Data were analyzed using Partial Least Square-Structural Equation Modeling (PLS-SEM). The results of this research show that fatherlessness, emotional regulation, and self-control significantly effects to early-age marriage. The results of this research can be used as evaluation material for the government and parents to enhancing adolescent participation in PIKRs, promoting healthy marriage, and also sexuality education through social media. Furthermore, the results of this research can serve as a source of knowledge for adolescents to obtain information and understand the importance of emotional education programs for individuals who married at a young age, focus on enhancing emotional management skills, and understanding the dynamics of marital relations.
Kajian Intervensi Konseling dalam Meningkatkan Kebahagiaan Karyawan di Tempat Kerja Rosul, Ahmad; Amsa Fitri, Arroviani
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.v7i1.7198

Abstract

Employee well-being is crucial for supporting organizational success, considering that both work related and personal stress can reduce productivity and damage workplace relationships. Workplace counseling has proven effective as an intervention to address these issues, enhancing employee productivity, satisfaction, and well-being across various organizational contexts. Numerous studies have shown that counseling can strengthen workplace relationships, reduce stress, and help employees adapt to professional challenges. The study by Mtana & Kepha (2022) employed a descriptive survey method, asking respondents to rate their level of agreement with various statements related to the influence of personal counseling on employee productivity in hotels. Although the specific steps of the counseling implementation were not detailed, the study refers to William Glasser’s Reality Therapy theory using the WDEP approach (Wants, Doing, Evaluation, Planning) as the basis for counseling interventions. This approach focuses on exploring desires, assessing the direction of actions, self-evaluation, and planning simple, measurable, and consistent actions to enhance employee well-being in the workplace. The findings of Mtana & Kepha (2022) indicate that career counseling improves employee work efficiency, motivational counseling helps achieve quality outcomes, personal counseling ensures timely task completion, and disciplinary counseling enhances productivity. Personal counseling has been shown to have a positive effect on employee productivity in the hospitality industry, particularly in Nairobi City County, Kenya. In addition to addressing psychological issues, counseling also serves as a preventive method to help employees recognize their potential and improve work performance. Organizations are advised to conduct regular assessments of employees’ mental health and well-being to ensure their resilience in various work situations. Keywords: Employee Productivity, Employee Well-Being, Reality Therapy, Workplace Counseling
Perlindungan Hak Anak dalam Hukum Keluarga Islam: Studi Komparatif Antara Hukum Islam dan Hukum Nasional Sugeng Aminudin; Abdurrahman Hakim; Muhammad Thoriq
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): 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.v5i3.2326

Abstract

This article aims to analyze and compare the protection of children's rights in Islamic family law with Indonesian national law. The main focus of this study is to identify the similarities and differences in the approach to child rights protection between the two legal systems, as well as to evaluate their effectiveness in ensuring the best interests of children. This study uses a qualitative method with a comparative study approach, through the analysis of legal documents, jurisprudence, and related literature. Data were collected from primary and secondary sources, including the Qur'an, Hadith, the Child Protection Law, and other national regulations. The academic debates raised in this article include discussions on whether Islamic law is more proactive in protecting children’s rights than national law, especially in relation to issues of custody, maintenance, and education. Some academics argue that Islamic law has a strong moral basis in protecting children’s rights, while others emphasize that national law is more relevant to modern social developments and international conventions such as the Convention on the Rights of the Child. The results of this study indicate that both legal systems, both Islamic law and national law, have a strong commitment to protecting children's rights, although with different approaches. Islamic law tends to be more normative and based on religious values, while national law is more legalistic and integrated with international standards. In the Indonesian context, the combination of these two systems offers comprehensive protection of children's rights in family law.
Penyelesaian Sengketa Perkawinan dalam Hukum Keluarga Islam: Peran Lembaga Mediasi dan Arbitrase Syariah di Indonesia Suci Ramadhan; Faris Maulana Akbar; Abdul Latif
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (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.v6i1.2361

Abstract

This research aims to analyze the role of mediation and arbitration in the settlement of marital disputes within the Indonesian Religious Courts. The main focus is on the effectiveness and contribution of these two mechanisms in realizing fast, cheap, and civilized justice as mandated in the Islamic family law system. Qualitative methods were used with normative-juridical and sociological approaches, supported by document studies and interviews with judicial practitioners. The results showed that although mediation has a strong legal framework in Supreme Court Regulation (Perma) Number 1 Year 2016, its implementation still faces cultural and structural challenges. Meanwhile, arbitration has not been widely utilized in family disputes despite its potential as an alternative to deliberation-based conflict resolution. Mediation is the dominant and effective dispute resolution mechanism in the Religious Courts, with a fairly high success rate in resolving marital conflicts. Arbitration, although less popular, also has significant potential in resolving disputes, particularly in cases involving financial disputes or joint property. The role of mediators and arbitrators is crucial in facilitating amicable agreements and maintaining good relations between the parties. Mediation and arbitration are important instruments in Indonesia's religious justice system for resolving marital disputes. The application of these two mechanisms is in line with the principles of Islamic family law which emphasize peaceful resolution of conflicts and maintaining the integrity of the household. Their effectiveness depends on the competence of the mediators and arbitrators, as well as the commitment of the parties to reach a fair and equitable settlement.
Dinamika Perkawinan Beda Agama dalam Perspektif Hukum Keluarga Islam dan Implikasinya di Indonesia Abdurrahman Hakim; Agus Putrono; Andri Setiawan
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.v6i2.2853

Abstract

This research aims to analyze the dynamics of interfaith marriages in Indonesia from the perspective of Islamic family law, as well as examine its implications for family and community life. This research uses a qualitative approach with a case study method and document analysis. Data were collected through in-depth interviews with interfaith couples, religious leaders, and legal practitioners, as well as analysis of legal documents and court decisions. The theories used include Islamic family law theory, legal pluralism theory, and social conflict and integration theory. The results show the complexity in the practice of interfaith marriage, with various challenges and adaptation strategies carried out by couples. The legal, social, and religious implications of these marriages are also discussed, as well as recommendations for improving regulations and increasing public understanding.
Bekenilui pada Masyarakat Adat Lampung Pepadun Perspektif Hukum Islam dan Teori Konflik Eka Oktaria Pratiwi
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.v6i2.2975

Abstract

Before the wedding in Mataram Marga Village, Sukadana District, East Lampung Regency, there is a tradition that is stiil valid today, namely the tradition of giving bekenilui money at the wedding. The fact is that in Mataram Marga Village, someone who wants to get married, at least a week before the wedding ceremoney, the prospective bridegroom must give a certain amount of money to the prospective brid’s family. There is no clear and difinite source for when tradition began to be implemented, but people have carried out this tradition from the past until now. The first aim of this reserch is why do the people of Mataram Marga Village, Sukadana District, East Lampung Regency have a tradition of using money in marriage? Second, how is the conflict between the people of Mataram Marga Village, Sukadana District, East Lampung Regency, due to the money tradition seen from Rafl Dahrendorf’s conflict theory? This reserch uses an empricl qualitative approach. Data collection by means of observation, interviews and docomentation. The analysis technique is carried out by data ruduction, data verification and data analysis, white checking the validity of the data is carried out using the triangulation method. The result of this research are (1) provision of cash in cash Marriages that take place in Mataram Marga Village are mandatory. If the propective groom does not comply, it can hinder his marriage, because according to society, this provision has become a tradition that has been in effect for generation from ancient times until now. However, along with the changes that occur in the social life of the community, (2) the opposition of the peopele of Mataram Marga Village to the tradition of giving this kind of money shows the truth of the essence of Rafl Dahrendrof’s conflicts over traditional money traditions in marriage are caused by pressure on the tradisional head as the supereordinate authority in datermining traditional money traditions. With the prospective groom as a subordinate who is required to provide money related to the marriage. The commonity involed in this conflict is divided into two groups, nemely, the traditional head and the bride’s family as a pseudo group, then the community, especially the prospective groom as an interest group.
Edukasi Hukum tentang Hak-Hak Anak dalam Hukum Keluarga Islam: Pengembangan Modul dan Pelatihan bagi Guru dan Orang Tua Sugeng Aminudin; Faris Maulana Akbar; Siti Salma As-Shiddiqah
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.v6i4.2977

Abstract

This study aims to develop a legal education module that focuses on children's rights in Islamic family law, as well as implementing training for teachers and parents. The main objective of this study is to improve understanding of children's rights in the context of Islamic law, so that it can be applied in family and educational environments. The research method used is the Research and Development (R&D) method with a qualitative approach. Data were collected through interviews, observations, and questionnaires to teachers, parents, and Islamic legal experts. Module development was carried out through the stages of design, expert validation, revision, and field trials. Training was designed based on the developed module and involved the active participation of teachers and parents. In academic debates, this study refers to the growing discussion around children's rights in Islamic family law, which often clash with diverse traditional interpretations in various Muslim-majority countries. Some researchers argue that children's rights are often under-prioritized in everyday practice, while others argue that Islamic law provides a sufficient framework to protect children's rights if applied properly. The results of the study indicate that this legal education module is effective in improving teachers' and parents' understanding of children's rights in Islamic families. The module-based training successfully increased the active involvement and awareness of participants about the importance of protecting children's rights. The module also has the potential to be applied more widely in various educational and community contexts.
Sosialisasi Program Bantuan Hukum Gratis Bagi Keluarga: Implementasi dan Tantangan di Pengadilan Agama Kabupaten Bogor Faris Maulana Akbar; Abdurrahman Hakim; Muhammad Thoriq
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.v6i3.3663

Abstract

This article aims to explore the implementation and challenges of the Free Legal Aid Program for Families in Need within Religious Courts. The research employs a qualitative method using a case study approach, where data is collected through in-depth interviews with judges, lawyers, and recipients of legal aid. The academic debate in this article includes an analysis of the program's effectiveness in meeting the legal needs of the community, as well as the challenges faced, such as a lack of resources and public understanding of their legal rights. The findings indicate that while the program holds significant potential for assisting families in need, various obstacles exist, including social stigma, insufficient program outreach, and administrative challenges that affect the accessibility and quality of legal services. These findings aim to provide insights for future program improvements.

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