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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
Penyusunan Regulasi Badan Penyelenggara Jaminan Sosial Kesehatan Atas Penjaminan Skrining Penyakit Kanker Serviks Berbasis Nilai Keadilan Bermartabat Ingot Netron Sihaloho, Boy; Agung Widi Wandono, Aloysius; Agus Suswantoro, Tri
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8417

Abstract

Cervical cancer screening is categorized as a public health effort within the minimum service standards and as an individual health effort for participants in the national health insurance program. Cervical cancer screening is regulated under legislation set forth by the Presidential Regulation, the Minister of Health Regulation, and the BPJS Kesehatan Regulation. However, there are challenges regarding the guarantee of cervical cancer screening, which falls under the minimum service standards and individual health efforts. The guarantee for cervical cancer screening requires coordination between the Minister of Health, the Minister of Home Affairs, and BPJS Kesehatan, as stipulated in the regulations concerning the guarantee of cervical cancer screening. If government funding is unavailable or insufficient, BPJS Kesehatan acts as the guarantor for individual health efforts. This provides dignified fairness for participants in accessing health services. This study will analyze and discuss the regulation of cervical cancer screening guarantees within the regulatory framework, and subsequently how the regulation of cervical cancer screening guarantees is managed within BPJS Kesehatan regulations to ensure dignified fairness
Perbandingan Sistem Hukum Indonesia dengan Amerika Serikat Terkait Pengaturan Jaminan Kesehatan Savero, Ivan; Lubis, Arief Fahmi; Prasetyo, Boedi; Tetty Melina Lubis
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8419

Abstract

A country's legal system is a fundamental aspect of health insurance. Indonesia and the United States have different approaches to regulating health insurance, both in terms of regulation, coverage of participants, and financing mechanisms. This paper compares the legal systems of Indonesia and the United States in regulating health insurance by highlighting differences in policies, legal bases, and implementation in each country. In Indonesia, health insurance is organized by the government through BPJS Kesehatan which has mandatory participation. Meanwhile, in the United States, the health insurance system is more mixed with the dominance of the private sector and public programs such as Medicare and Medicaid. This study uses a normative legal method with a comparative legal approach to analyze the effectiveness, challenges, and impacts of each system on access to and quality of health services. The results of the study show that the Indonesian system is more inclusive but faces financial sustainability constraints, while the United States system provides flexibility for participants but still experiences problems with affordability. By understanding the advantages and disadvantages of each system, this study is expected to contribute to the development of more effective and equitable health insurance policies
Analisis Yuridis Perlindungan Hukum Terhadap Konsumen Produk Pangan dalam Perspektif Undang-Undang No.17 Tahun 2023 Tentang Kesehatan Putriana, Rosi; Linda Sitanggang, Maura; A.Makbul
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8420

Abstract

Consumer protection, especially in the food industry, plays an important role in maintaining the quality and safety of products circulating in the market. In the context of advances in science and technology, especially in the food sector, the challenges of ensuring safe and quality products are increasingly complex. Therefore, legal protection for food consumers is vital to protect consumer interests and encourage business actors to be responsible for the products they produce. The following is a discussion related to the importance of legal protection for food consumers, the legal channels that can be taken, and compliance with applicable standards. Objectives of Legal Protection for Food Consumers Legal protection for food consumers aims to: Protect consumer interests by supervising and controlling negligence on the part of businesses in regulating food products circulating in the market. Provide a sense of security for consumers regarding the quality and safety of the products they consume. Encourage business actors to be responsible for maintaining product quality, and ensure that the products produced are in accordance with applicable standards without disrupting their operational activities. Legal Channels That Consumers Can Take When faced with food products that do not meet standards, consumers can choose two legal channels to resolve the problems that arise. Compliance with Food Safety and Quality Standards Compliance with food safety, quality, and nutrition standards stipulated in Law Number 17 of 2023 concerning Health. Several important provisions in this law related to food safety standards include: Article 146 paragraph 1 states that every individual responsible for the production, processing, and distribution of food and beverages must meet applicable standards and requirements related to safety, quality, and nutrition. This aims to ensure that products circulating in the market do not harm consumers. The halalness of food products is also an important part of this regulation, where food products must comply with the provisions stipulated in the legislation, which may include halal inspection or certification for products circulating in the market
Penerapan Hukum Pidana Terhadap Malpraktik Kesehatan di Indonesia: Tantangan dan Upaya Penegakan Hukum Suhadi; Sutarno; Purnamo B
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8421

Abstract

The increasing number of medical malpractice cases in Indonesia has raised public concern regarding legal protection in healthcare services. The ambiguity in distinguishing between acceptable medical errors and criminally liable actions remains a critical issue in the criminal law system for healthcare. This article aims to analyze the application of criminal law in medical malpractice cases in Indonesia and explore the obstacles and regulatory improvements needed. This study employs a normative juridical approach with descriptive-qualitative methods, based on an examination of legislation, court decisions, and academic literature. The findings reveal that current regulations fail to provide comprehensive legal certainty, particularly in proving elements of negligence, appointing objective medical experts, and protecting medical professionals from criminalization. The discussion highlights the need for more structured technical guidelines and revisions to laws governing medical practice. The conclusion of this research asserts that the criminal law system in healthcare must be strengthened through regulatory reform, legal education for medical personnel and the public, and improved coordination between professional bodies and law enforcement authorities to achieve balanced justice
Penerapan Insolvency Test dengan Metode Cash Flow Test dan The Balance Sheet Test dalam Memutus Kepailitan di Indonesia Reiner Multiwijaya
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8442

Abstract

This study explores the application of the insolvency test—specifically the cash flow test and balance sheet test—in bankruptcy proceedings in Indonesia. Although Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) outlines the basic framework for bankruptcy, it lacks explicit provisions regarding the insolvency test mechanism. Using a normative juridical method and a conceptual approach, supported by statutory analysis, this research evaluates the effectiveness of these tests in determining a debtor’s insolvency status. The findings indicate that the cash flow test is better suited for assessing short-term liquidity, while the balance sheet test offers insight into long-term so lvency. However, practical implementation faces challenges such as inconsistent legal interpretation and the absence of standardized guidelines. Despite not being formally integrated into the Indonesian legal system, the insolvency test holds significant potential to improve the objectivity and fairness of court rulings. A clearer and more consistent application of these methods could enhance legal protection for debtors and promote a more balanced bankruptcy system.
Pengaruh Layanan Informasi Pendekatan Behavioral Terhadap Sikap Anti Bullying pada Siswa Mas Washliyah 12 Perbaungan Serdang Bedagai Desy Novianti; Ika Sandra Dewi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8533

Abstract

This study aims to determine the effect of informational services using a behavioral approach on students’ anti-bullying attitudes at SMAS 12 Al-Jam’iyatul Washliyah Perbaungan. The background of this research is the ongoing presence of bullying behavior in schools, which negatively affects students’ social and emotional development. The research employs a quantitative approach with a quasi-experimental method and a one-group pretest-posttest design. The sample consisted of 31 eleventh-grade students selected through purposive sampling based on a tendency to exhibit bullying behavior. The research instrument used was an anti-bullying attitude questionnaire, which had been tested for validity and reliability. The results showed an increase in anti-bullying attitudes after students received informational services with a behavioral approach. This was supported by a t-test analysis, which showed a t value of 30.49 > t table at a significance level of 0.05, indicating a significant effect. It can be concluded that informational services using a behavioral approach are effective in improving students’ anti-bullying attitudes. Therefore, this approach is recommended for school counselors as a preventive strategy to address bullying behavior in schools.
Strategi Coping Mahasiswa dalam Menghadapi Kurangnya Perhatian Orang Tua: Studi Kasus Mahasiswa Program Studi Bimbingan dan Konseling Universitas Muhammadiyah Palopo Said, A.Nurdin; Marhani; Zainuri, Muhammad Irham
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8807

Abstract

Lack of parental attention is a psychosocial issue that can significantly affect students' emotional well-being, especially during early adulthood. This study aims to explore the coping strategies used by students of the Guidance and Counseling Study Program at Universitas Muhammadiyah Palopo in dealing with the lack of parental attention. This research employs a qualitative approach using a case study method, involving three main informants who meet the criteria of experiencing insufficient parental attention. Data were collected through in-depth interviews, observation, and documentation, and analyzed using data reduction, data display, and conclusion drawing techniques. The findings reveal that the coping strategies used by the students fall into two main categories: emotion-focused coping and problem-focused coping. Emotion-focused strategies include seeking emotional support from peers, engaging in religious activities such as prayer, and participating in enjoyable activities to release emotional tension. Meanwhile, problem-focused coping is evident in students' efforts to stay academically focused, establish positive routines, and foster independence. These strategies serve to alleviate psychological stress due to the lack of parental attention and support students in maintaining mental stability and academic functioning. The study also highlights the importance of social support and spiritual approaches as effective coping resources in the student context.
Kepastian Hukum Jangka Waktu Hak Atas Tanah Bagi Pelaku Usaha di Ibu Kota Nusantara dalam Upaya Menciptakan Iklim Usaha yang Kondusif Bagi Penanaman Modal Amelia Sundari Waliyani; Yani Pujiwati; Purnama Trisnamansyah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.8997

Abstract

The development project of Nusantara Capital City in Indonesia (NCC) requires a cost of IDR 466 trillion with a financing scheme from the State Budget and the rest is obtained through the KPBU Scheme or private investors. In order to attract business actors to invest in NCC the government provides investment facilities by providing fiscal and non-fiscal incentives, one of which is the provision land rights for 2 (two) cycles for a period of 95 (Ninety Five) Years and 80 (Eighty) Years for cultivation rights, building use rights, and Rights to Use above management rights OIKN which are regulated in PP 12/2023 which has been amended by PP 29/2024. The purpose of the study was to determine the legal certainty of granting a land rights period in NCC reviewed with land regulations in Indonesia, namely based on Law Number 5 of 1960 concerning Basic Agrarian Principles and PP Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration in an effort to create a conducive business climate for investment. The research method used is normative juridical using descriptive analysis research specifications. The research stages used are library research and field research with data collection techniques by means of document studies by collecting data and reviewing secondary data related to the problem being studied, this library research was conducted to obtain primary legal materials, secondary legal materials and tertiary legal materials and interviews conducted with Legal Experts for the Deputy for Planning and Land Affairs of OIKN and one of the investors in the field of education who is currently in the process of establishing a university in Nusantara Capital City. This study found that the implementation of the Land Rights period based on PP 12/2023 which was amended by PP 29/2024 for business actors in Nusantara Capital City. does not provide legal certainty because the regulations are contrary to those stipulated by UUPA, PP 18/2021 and UUPM. A conducive business climate in the IKN has not been achieved optimally because one of the reasons is the failure to fulfill legal certainty regarding land rights in the Nusantara Capital City.. However, the provision of investment facilities in the PP apart from land Rights, is another consideration for business actors to invest and has shown an increase in investment interest influenced by other incentives provided by the government such as ease in business licensing, and reductions in various taxes such as income tax and 0% BPHTB.
Strategi Membangun Keluarga Sakinah: Refleksi Pemikiran Syaikh Muhammad Bin Shalih Al Utsaimin di Zaman Modern Astri Cahya Anita; Ahyat Habibi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.9017

Abstract

                This study aims to examine the concept and strategies for building a sakinah (harmonious and tranquil) family based on the thoughts of Shaykh Muhammad bin Shalih Al-Utsaimin and their relevance in the modern era. This research employs a qualitative method using a library research approach by analyzing Al-Utsaimin’s works, such as Majmu’ Fatawa wa Rasail and Syarh Riyadhus Shalihin, along with classical and contemporary literature related to the Islamic concept of family. The findings reveal that Al-Utsaimin’s strategies for establishing a sakinah family include a strong foundation of tawheed (Islamic monotheism) and sincere marriage intentions, a just and balanced division of roles between husband and wife, piety as the core of family life, ethical communication, and child education based on Islamic values. These strategies are highly relevant in addressing modern challenges such as rising divorce rates, the erosion of family roles, and negative media influences. Al-Utsaimin’s perspective provides practical and applicable guidance to strengthen Muslim family institutions that are harmonious and resilient amidst contemporary social dynamics.
`Implikasi Hukum Terhadap Peralihan Hak Atas Tanah Didasarkan pada Perjanjian Jual Beli di Bawah Tangan: Studi Putusan Pengadilan Negeri Bekasi Nomor: 129/Pdt.G/2016/PN Bks Muhamad Irham Husni Mubarok
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (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.v7i3.9096

Abstract

Purchase Land is a source of life necessities for humans, because land functions as a means to find life. As the number of people increases to fulfill their daily needs, land is very necessary for use as land for housing to be built as a place to live. In the case of Bekasi District Court Decision Number: 129/Pdt.G/2016/PN Bks. It started when the defendant, Yulius Caesarius Panirman, sold the rights to a plot of land in the form of a building use certificate to the plaintiff, Handoko. The sale and purchase agreement for land rights was only carried out privately, so that when the sale and purchase occurred from the Defendant to the Plaintiff, an oral agreement had occurred, namely the Defendant promised to be present to carry out the transaction and signed the sale and purchase deed before a Notary and PPAT. In this research, we will discuss how the legal implications for the transfer of land rights are based on the land sale and purchase agreement that was made privately in Decision Number 129/Pdt.G/2016/PN.Bks and what is the basis of the Judge's Legal Considerations in the Case Settlement Process in the Decision Number 129/Pdt.G/2016/PN.Bks is in accordance with the Legal Certainty Theory. By using a normative juridical approach with literature study to analyze relevant laws and regulations. to guarantee legal certainty of the deed made. It is necessary to make a PPAT Deed because the PPAT Deed is an authentic deed and as an authentic deed there are strict requirements in terms of preparation procedures, forms and formalities that must be carried out so that the deed has the right to be called an authentic deed.