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Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
ISSN : 26568152     EISSN : 26564807     DOI : https://doi.org/10.47467/as
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
Perbandingan Regulasi Hukum Mengenai Perlindungan Data Pribadi terkait Penerapan Definiton of Specified Message dalam Sistem Transaksi E-Commerce antara Indonesia dengan Singapura Siallagan, Kevin Josua; Shelly Kurniawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.6849

Abstract

The field of technology, information and communication is currently growing rapidly, making it easier for people to make transactions. Currently, people are interested in doing shopping in E-Commerce. However, this is a special concern for the community and the government because crimes in E-Commerce transactions can occur at any time and it is very easy to do, such crimes include personal data leakage. With the increasing cases of personal data leakage today, this research article is prepared with the intention of evaluating the effectiveness of legal regulations currently in force and providing special guarantees for consumers related to legal protection. This research is examined through a comparative analysis between Law No. 27 of 2022 on Personal Data Protection and Personal Data Protection Act No.40 of 2020. In this research, it also discusses the application of ‘DO NOT CALL REGISTRY’ specifically the ‘Definition of Specified Message’ section to increase public awareness of the importance of using personal data in transactions. By conducting a legal comparison.
Reformulasi Restitusi dalam Tindak Pidana Kekerasan Seksual Terhadap Korban Perempuan dengan Retardasi Mental Zainur Ratna Savitri; Fanny Tanuwijaya; Yusuf Adiwibowo
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.6909

Abstract

Article 7A paragraph (3) of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, states that "Submission of a request for restitution can be made before or after a court decision that has obtained permanent legal force through the LPSK". In formal juridical terms, these two articles give authority and at the same time legitimacy to the public prosecutor to include restitution in his demands, based on the recommendation of the LPSK so that it can be decided by the panel of judges examining the case. However, socially it turns out that the provisions of this article are not applicable, shown by the lack of openness for female victims with mental retardation to access protection from LPSK, either individually or through public prosecutors, so that the form of protection obtained by female victims with mental retardation is only limited to protection. abstract, there is no concrete and sustainable protection for victims. Therefore, an appropriate and specific system is needed for providing compensation to women with mental retardation who are victims of criminal acts of sexual violence, so that justice for women with mental retardation can be fulfilled
Peranan Hakim Mediator dalam Melakukan Mediasi Terhadap para Pihak yang Akan Bercerai di Pengadilan Agama Cibinong Salwa Zahrani Rachman; Yono; Syarifah Gustiawati M
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.6941

Abstract

Alternative Dispute Resolution (ADR) is a way to resolve disputes that is humane and fair. Humane because the decision (peace agreement) is the authority of the disputing parties and maintains good relations. Fair because each party negotiates a solution to the problem and the results are satisfactory, based on PERMA (Supreme Court Regulation) no. 1 of 2016 every divorce or dispute problem registered in court must follow the procedure that the parties to the case or the attorney must go through a mediation process first before proceeding to the next trial stage, but in reality the increase in divorce cases continues to increase every year, because public understanding of the law increases and there are many other factors, a mediator makes his position as a neutral party to the decisions of the parties, This study uses a qualitative research method, namely field research with observation, interview and documentation techniques, The purpose of this study is first, To explain the mediation process carried out by the Judge in resolving divorce cases. Second, To explain the Mediator Judge's Strategy in mediating Divorce cases. Third, To find out the role of the Judge in mediating the case resolution process at the Cibinong Religious Court. The results of this study indicate that in its role, the mediator judge ensures that the mediation process runs according to the law, provides understanding, and provides advice based on religion, personal experience, and successful mediation cases. In this case, it is done with the aim that the parties in the case at the Cibinong Religious Court are expected to make whatever the decision in court or the results of the mediation process as a valuable lesson in living together in the future.
Prototip Mursyid Thoriqoh dan Nilai-Nilai Bimbingan Konseling Berkearifan Lokal: Studi Kasus Abuya Muhtadi Mursyid Thoriqoh Sadziliyah Pandeglang Banten Ahmad Waki; Ikhsan Maulana
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.6978

Abstract

This research examines the prototype of Mursyid Thoriqoh and the values of guidance and counseling based on local wisdom through a case study of Abuya Muhtadi, a Mursyid Thoriqoh Sadziliyah in Pandeglang, Banten. Using a descriptive qualitative approach, this research aims to understand the spiritual relationship between murshids and students in the context of local-based spiritual counseling guidance. The research results reveal three main dimensions: (1) rituals and spiritual relationships as spiritual counseling practices that align students with their murshid through dhikr and rabitah activities; (2) a comparison between the spiritual counseling practices of the tarekat and humanistic concepts which show harmony between the function of the murshid as a guide and the student as a seeker of truth; and (3) the phenomenon of humanization in spiritual counseling, which emphasizes the importance of normativity and philosophy of the murshid-disciple relationship. This research shows that the spiritual values in thoriqoh contribute significantly to the practice of Islamic guidance counseling which is holistic and based on local wisdom.
Peningkatan Kemampuan Intelegensi (IQ) Anak Usia Dini Home Schooling Kak Seto Melalui Model Pembelajaran Neurosains berbasis Aplikasi Layanan Bimbingan Konseling Faisal Rachmat; Seto Mulyadi; Yufiarti
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.6979

Abstract

Homeschooled children need neuroscience stimulation to improve their intelligence. The neuroscientific stimulation in question is a neuroscience learning model based on the Guidance and Counseling service application. The purpose of the neuroscience learning model based on the Guidance and Counseling service application to improve the IQ of homeschooled children is to train cognitive concentration, memory and creativity when students do learning activities at school, especially direct learning in the classroom. The Guidance and Counseling Service Application is a software that contains a number of services such as Individual Counseling Services, Group Counseling, Mediation, Consultation, Anecdotal Notes, Case Conferences, Home Visits, Reverals and Service Recaps. BK services are activities that can help children achieve maximum IQ development. This study uses a Qualitative Research type with a single subject (SS) approach. Single Subject Research is a reflective study of various actions or interventions carried out by teachers starting from planning to assessment of real interventions in the classroom in the form of teaching and learning activities to improve the learning conditions carried out. the level of Intelligence Ability in cycle 2 was 23 items and the reliability level of Intelligence Ability in baseline 2 was 0.565. the level of neuroscience learning in cycle 2 was 36 items and the reliability level of neuroscience learning in baseline 2 was 0.970. the level of Guidance and Counseling Service Application in cycle 2 was 16 items and the reliability level of Guidance and Counseling Service Application in baseline 2 was 0.683. the regression of fine motor skills through the neuroscience learning model based on Guidance and Counseling service application was 0.926. The effectiveness of the neuroscience learning model based on the BK service application to improve the intelligence of group A students of Early Childhood HKS is -2.394 which is significant 0.048 which is rounded up to 0.05 (Tcount) is greater than the T-table alpha cronbach 0.05 (1.812461) so that the effectiveness of intelligence ability on the neuroscience learning model based on the BK service application tends to be negative or weak.
Dampak Penggunaan Pinjaman Online (Pinjol) Terhadap Kondisi Psikososial Keluarga: Studi Kasus Kecamatan Bogor Utara Kota Bogor Nuraini; Ranti Kha Nur Assiva
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.7004

Abstract

In recent years, online lending services have become a popular alternative for people who need quick funds. However, this ease of access is often accompanied by high risks, such as high interest rates and pressure to repay loans immediately. This study aims to identify and analyze the impact of using online loans on family psychosocial conditions. This research uses a descriptive qualitative method that produces descriptive data in the form of oral and written information from books and journals or information from informants. The results show that the use of online loans has a negative impact on the family's psychosocial condition, including increased stress, mental disorders, decreased physical health and the possibility of deteriorating relationships between family members. Informants also reported mental health problems such as anxiety and depression due to financial pressures. The findings indicate the need for interventions and education on financial management as well as increased regulation of online lending services to protect the psychosocial well-being of families.
Tren Nikah Muda dalam Islam: Peluang dan Hambatan di Era Modern Rifky Nurhimawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.7335

Abstract

Marriage in Islam is regarded as an act of worship that completes half of one's faith and serves as a means of preserving honor. In the context of marrying young, Islam encourages its followers not to delay marriage as long as there is readiness. However, in the modern era, marrying young faces complex challenges, especially when confronted with social realities, mental readiness, economic stability, education, spirituality, and health. The purpose of this research is to examine young marriage in Islam by highlighting its opportunities and obstacles amidst current social, economic, and cultural changes. To explore this, the author employs Karl Marx's conflict theory to analyze the opportunities and barriers arising from social dynamics. The method used is qualitative with an approach based on Islamic law and sociology. Data collection techniques include interviews and documentation. The research findings indicate that young marriage in Islam has the potential to serve as an alternative for creating a more Islamic societal structure, provided it is supported by policies that reduce social inequalities and strengthen education based on religious values. Karl Marx's conflict theory offers a critical perspective on the structural barriers that need to be addressed to achieve harmony between Islamic teachings and modern needs.
Relevansi Prinsip Keseimbangan dalam Konsep Kafaah Perspektif Jasser Audah Tata Cahwiyadi; Nurnazli; Liky Faizal
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.7357

Abstract

This study focuses on analyzing the concept of kafᾱ’ah (compatibility) from the perspective of Maqāṣid al-Sharia as articulated by Jasser Auda, particularly concerning the principle of social balance recognized in Islamic marital law. Kafᾱ’ah, or the compatibility between prospective spouses, is viewed as an essential factor supporting marital harmony and household stability. This research identifies how kafᾱ’ah contributes to a fair and balanced social structure within Muslim societies and reduces potential incompatibilities that may lead to marital instability. Using a sociological approach and Jasser Auda’s systems theory, this study elucidates the relationship between kafᾱ’ah and the objectives of Sharia, or Maqāṣid al-Sharia. Through content analysis and qualitative descriptive methods, the research examines relevant primary and secondary sources, including both classical and contemporary texts. Findings show that kafᾱ’ah not only fosters marital harmony but also functions as a social balancing mechanism that strengthens stability in Muslim communities. These findings highlight the relevance of Maqāṣid al-Sharia, particularly Jasser Auda’s insights into the principle of balance in kafᾱ’ah , as a foundation for establishing justice in social relationships and addressing inequality issues in marriage. This study aims to contribute to academic discussions and provide practical benefits for the application of kafᾱ’ah in family law policies within contemporary Muslim societies.
Perlindungan Hukum Terhadap Beziter Beritikad Baik Atas Pembelian Barang Bergerak M. imron Salim; Suwito; pratolo Saktiawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.7461

Abstract

Indonesia is a legal country where this law is the supreme commander over all the regulations that apply in the State of Indonesia. Indonesia itself is a developing country, with the development of the times, criminal acts have also increased, one of which is the crime of arrest. The criminal act of detention is regulated in Article 480 of the Criminal Code. The aim of this research is to find out what the elements of the crime of detention are, and whether the legal regulations related to the crime of detention are in accordance with current developments. To explore and examine these problems, the author uses a type of qualitative research using normative approach methods and legal research on similar problems that have a correlation with the problem being studied. The author also uses the method of observing the rules starting from the rules that explain the meaning of the related problem, then the sanctions that will be given, decisions on similar cases and the legal principles. The results of this research show that currently the rules governing the crime of detention are regulated in the Criminal Code article 480. In the article there is an element which according to the author is a little vague which can give rise to multiple interpretations so it will be a little difficult to apply, this element is Everyone must always be alert when they want to buy an item, especially if there is something irregular about the item they want to buy. Then, if the buyer has tried to be careful and is a buyer in good faith, does he still fulfill the elements of a criminal offense of detention.
Penyelesaian Sengketa dalam Hukum Kontrak: Tinjauan Literatur Tentang Proses Arbitrase dan Mediasi Putra Dirgantara; Heigel Parodi Ritonga
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (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.v7i2.7543

Abstract

Dispute resolution in contract law is a crucial aspect of maintaining harmonious business relationships. Two commonly used alternative mechanisms are arbitration and mediation. This article aims to review the literature discussing the effectiveness of these mechanisms in resolving contractual disputes. Through a literature review method, this study examines various relevant academic sources from the last five years. The findings indicate that arbitration offers higher legal certainty, whereas mediation is more flexible and allows for more creative solutions and better relationships between parties. This study provides insights for legal practitioners and academics in understanding the advantages and disadvantages of each dispute resolution method.