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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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Legal Reasoning Hakim Mahkamah Konstitusi dalam Putusan Mahkamah Konstitusi Nomor 62/PUU-XXII/2024 Syaibani Ihza Ibrahim
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.v7i3.9097

Abstract

Constitutional Court Decision Number 62/PUU-XXII/2024 is a decision concerning the presidential and vice presidential nomination threshold. The existence of this decision is a breath of fresh air for political parties, where, in the absence of a presidential threshold, every political party can nominate a presidential and vice presidential candidate pair. However, it should be noted that judges in deciding the case do not immediately decide easily. There is something called legal reasoning that needs to be considered, because legal reasoning is a search for a basis or legal argument by a judge in dealing with the case. The research method used is the normative legal research method. By using the case approach method and the conceptual approach method. The results of the study show that legal reasoning is a method of finding a basis for legal argumentation or psychological processes of a judge in dealing with the case he is facing. The judges of the court, in deciding the Constitutional Court Decision Number 62/PUU-XXII/2024, used several interpretation methods to create legal reasoning. The methods used are the teleological interpretation method, the comparative interpretation method, the historical or original intent interpretation method, and the textual interpretation method.
Peran Notaris dalam Transaksi Kredit dengan Menjaga Legalitas dan Keamanan Nasabah Shafa Aprilia Abdul
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.v7i3.9098

Abstract

Credit agreement is a means of development to obtain credit, the credit recipient is bound by certain conditions and is an agreement made by the creditor and debtor based on the agreement or agreement of the creditor and debtor, while the creditor is obliged to provide money or credit to the debtor and the debtor is obliged to pay the principal and interest, and other costs according to the agreed time period between the two. The creditor is a person or legal entity that provides credit to the debtor. In practice, credit in large amounts is mostly issued by the Bank, because the Bank is a legal entity that can collect large funds from the community and distribute them back to the community in the form of credit. Credit is one of the banking activities provided to customers. However, in connection with the increasing occurrence of bad debts that make it increasingly difficult for banks to increase their activities and the existence of efforts not to carry out credit repayments made by customers, there needs to be a power for banks to be able to take legal action or execute property rights owned by customers who have committed default, therefore banks need to cooperate with officials who are able to guarantee the power of the execution action, one of which is a Notary. A Notary is a public official regulated by law arising from the needs of the community, who has the authority to make authentic deeds as regulated in Law Number 2 of 2014 concerning the Position of Notary. A notary is a profession of trust and is different from other professions where notaries in carrying out their positions are impartial.
Disparitas Dispensasi Kawin dan Perlindungan Anak: Analisis Kritis Terhadap Undang-Undang Nomor 16 Tahun 2019 dan Undang-Undang Nomor 35 Tahun 2014 Dini Shantya; Riyan Ramdani; Ali Khosim
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.v7i3.9120

Abstract

Underage marriage or often called child marriage is a marriage carried out by someone who is still under the age specified in the legislation through a marriage dispensation to the religious court. In fact, there are still many cases of child marriage even though there have been changes in the minimum age regulations for marriage through Law Number 16 of 2019. The purpose of this study is to analyze the basis for consideration of Law Number 16 of 2019 in determining marriage dispensation, understand the basis for legal considerations in preventing child marriage, and review the harmony of norms between marriage dispensation and child protection in preventing child marriage. This study uses a library research method with a normative legal approach, which is carried out through an analysis of the text of relevant laws and regulations. The results of the study show that there is disharmony between the regulations on marriage dispensation and the legal provisions governing child protection. This difference in interpretation causes inconsistency in the application of the law, which is a challenge for judges when they have to decide on marriage dispensation cases. In situations like this, the judge is required to make a wise decision by considering urgent reasons and two possible risks, both of which could have a major impact on the child's future.
Pertanggungjawaban Notaris yang Dinyatakan Pailit Terhadap Akta yang Dibuatnya Wenty Valda Estrada Pakpahan; Gde Made Swardhana
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.v7i2.9141

Abstract

The purpose of writing research is to find out the position of a Notary's deed after experiencing bankruptcy and the responsibility of a Notary who is declared bankrupt regarding the deed they make. This research was analyzed using normative research methods. The approach used is statutory and conceptual. The results of the research obtained are: 1. The position of the deed that was made by the Notary before going bankrupt and in accordance with the procedures stipulated by statutory regulations, then the deed that was made still has perfect evidentiary power, however the notary protocols that have been declared bankrupt is transferred to the Notary receiving the protocol established by the MPD. Meanwhile, if a notarial deed is made after the notary has been declared bankrupt by a court decision, the notary no longer has the authority to make the deed, and the deed made becomes a private deed. 2. Based on the theory of responsibility by Hans Kelsen, the theory of responsibility that can be used in relation to Notaries who are declared bankrupt is the theory of absolute responsibility. In this case, the Notary does not anticipate that he will experience bankruptcy which will cause his assets to be confiscated and he will be dismissed from his position as Notary. Thus, a Notary who is dismissed from his position due to bankruptcy can still be held civilly or criminally liable for the deed he has made even though the notarial protocol has been submitted to the Notary Receiving the Protocol.
Rekonstruksi Hak Waris Anak Luar Kawin di Bali menurut Hukum Nasional dan Adat I Kadek Kharisna Gamentra; I Gede Yusa
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.v7i2.9162

Abstract

                The reconstruction of inheritance rights for out-of-wedlock children in Bali is a significant issue in the dynamic relationship between customary law and national law. In the Balinese customary kinship system, out-of-wedlock children are legally recognized only in relation to their biological mother and have no inheritance rights from their biological father or the father’s relatives. However, following Constitutional Court Decision No. 46/PUU-VIII/2010, there is now an opportunity for out-of-wedlock children to obtain inheritance rights from their biological father if a blood relationship can be scientifically proven. This research applies normative legal methods with statutory and conceptual approaches, examining primary sources from journals and legal research published in the last ten years. The results show that although national law has begun to recognize inheritance rights for out-of-wedlock children, implementation in Balinese customary society still faces challenges, particularly in harmonizing customary values with national legal provisions.
Prinsip Kepastian Hukum Organisasi Advokat dalam Rangka Perlindungan Hukum Bagi Pengguna Jasa Advokat Heqqy Rioscar Bramanta; I Gede Widhiana Suarda; Moh. Ali
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.v7i3.9218

Abstract

During the 2015 PERADI National Conference (Munas) in Makassar, PERADI was divided into three management sections, namely Fauzie Yusuf Hasibuan's PerADI, Luhut MP Pangaribuan's PerADI, and PADI's Peradi. PERADI version Juniver Girsang and later could not give birth to the management received by all circles. Chief Justice of the Supreme Court R.I. Number 073/KMA/HK.01/XI/2015\. This has an impact on advocates establishing organizations in accordance with their respective philosophies and ideals. The type of research in this study is a juridical review that regulates the use of regulations or standards in specific regulations. Studies show that Law No. 18 of 2003 on Advocates provides protection for clients, including by ensuring confidentiality of advocate and client relationships, granting immunity rights to advocates, ensuring protection of attorney files and documents. ensuring protection against wiretapping of advocate electronic communications, ensuring protection of advocate's right to obtain information, data, and documents necessary for defense of client interests, Advocates who do not exercise their obligations to fulfill the rights of their clients or are found to have committed unlawful acts will be sanctioned by the advocate organization or the Advocate Honorary Council, and the concept of single bar with Peradi as the only advocate organization is an ideal form of the advocate organization model in Indonesia.
Tindak Pidana Pencurian Data Melalui Wi-Fi Perspektif Pasal 30 Ayat (3) UU Nomor 11 Tahun 2008 dan Hukum Pidana Islam Dikri Abdul Jabar Ahmad; Muhamad Kholid; Didi Sumardi
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.v7i3.9220

Abstract

The advancement of digital technology has transformed data into a crucial asset, while significantly increasing the threat of cybercrime, including the growing phenomenon of personal data asset theft through public Wi-Fi networks. This research examines this criminal act from two legal perpectives: Indonesian positive law through Article 30 Paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) as amended by Law Number 1 of 2024, and Islamic criminal law (fiqh jinayah). This study aims to analyze the juridical qualifications, elements of the offense, evidentiary challenges, and compare the philosophy of punishment between the two legal systems. The research method employed is normative juridical with statutory, conceptual, comparative, and jurisprudential case study approaches. The results indicate that data thedt via Wi-Fi can be qualified as the crime of illegal access based on the elements in Article 30 paragraph (3) of the ITE Law, which constitutes a formal delict. Jurisprudence analysis reveals how judges interpret the element of “breaching a security system” in various modus operandi. From the perspective of Islamic criminal law, this act does not meet the requirements of sariqah (hudud theft) but is classified as jarimah ta’zir as it violates the principle of property protection (hifz al-mal) within the maqashid al-syariah. Data, as an intangible asset with economic value (Maliyah), receives legal protection based on contemporary ijtihad. A comparison of sanctions highlights that the ITE Law is retributive-deterrent with rigid criminal threats, whereas ta’zir in Islamic law is flexible, educative, and restorative, focusing on substantive justice and public interest. It is concluded that there is an urgent need to reform the national cyber law policy by integrating the values of flexibility and substantive justice from the philosophy of ta’zir to address the evolving dynamics of cybercrime.
Implikasi Body Shaming Terhadap Kesehatan Mental Remaja: Analisis Tafsir Al-Azhar Q.S. Al-Hujurat Ayat 11 dan 12 Dara Dilla Az-zahra; Sukiman
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.v7i2.9285

Abstract

This study analyzes the implications of body shaming on adolescent mental health through the Al-Azhar interpretation of Q.S. Al-Hujurat verses 11 and 12. Advances in technology and social media have transformed human interactions, but have also triggered social problems such as body shaming, which is the act of criticizing or making negative comments about someone's body shape or size, as well as self-deprecating regarding physical appearance. This phenomenon is widespread on digital platforms, with a high prevalence among adolescents who often hear jokes about other people's bodies. The impact of body shaming is very significant on mental health, causing disorders such as decreased self-confidence, anxiety, depression, eating disorders, social isolation, and psychological trauma. In Islam, the values of the Qur'an provide guidelines for social interaction. Q.S. Al-Hujurat verse 11 expressly prohibits acts of belittling, criticizing, and giving bad names. Al-Azhar's interpretation by Buya Hamka explains that making fun of and belittling is a reflection of arrogance and forgetting one's own shortcomings. This verse also prohibits bad, demeaning nicknames. Meanwhile, Q.S. Al-Hujurat verse 12 prohibits prejudice, faultfinding, and gossiping. Prejudice often leads to body shaming, with physical faultfinding aimed at humiliating, and backbiting about appearance being compared to eating one's own dead brother. This literature review used the tahlili method to analyze verses 11 and 12 of Q.S. Al-Hujurat, along with the Al-Azhar commentary as primary sources. The results indicate that body shaming violates the fundamental principles of humanity and brotherhood in Islam, with detrimental impacts on adolescent mental health, including low self-esteem, anxiety, depression, paranoia, and isolation. Therefore, implementing Qur'anic values through moral education, increasing self-awareness, using appropriate terms, preventing prejudice, and developing a positive environment is essential in preventing and addressing body shaming among the younger generation. Keywords: Body Shaming; Adolescent Mental Health; Al-Azhar commentary; Q.S. Al-Hujurat verse 11; Q.S. Al-Hujurat Verse 12
A Comprehensive Study of The Criminalization of Parental Violence Against Children (Legal, Human Rights, and Sharia Perspectives) Herni Ramayanti; Rabith Madah Khulaili Harsya; Asyri Febriana; Nabain Idrus; Syamsul Efendi
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.v7i2.9493

Abstract

This study is a qualitative study with a descriptive approach, namely an approach that aims to describe each main topic in this study, including the criminalization of children by parents from the perspective of Indonesian law, the criminalization of children by parents from the perspective of human rights, and the criminalization of children by parents from the perspective of sharia law. The data used in this study are secondary data that researchers obtained from books, scientific articles, laws and regulations, websites, and so on. The data obtained was analyzed using the stages of data collection, data selection, data reduction, and drawing conclusions. The conclusion in this article show that from an Indonesian legal perspective, criminalization or violence against children is subject to varying penalties depending on the type of criminalization or violence committed. In physical violence in the form of abuse, the maximum penalty is three years and six months and/or a fine of Rp. 72,000,000.00 for minor abuse. The maximum penalty is five years if the child experiences serious injuries with a fine and/or Rp. 100,000,000.00 for abuse that causes serious injuries. And is subject to a maximum of fifteen years imprisonment and/or a fine of Rp. 300,000.00 if the child dies. If the violence is committed by a parent, a third of the sentence is added. In contrast to physical criminalization, parents can be sentenced to a minimum of five years imprisonment and a maximum of fifteen years if they commit sexual violence against their child, an additional one-third. From a human rights and Islamic law perspective, this is a heinous and prohibited act and the perpetrator must be punished according to the level of criminalization and violence.
Kedudukan BPSK dalam Menjamin Prinsip Access To Justice Bagi Konsumen Ni Luh Novi Astawati; Mochamad Cholil
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.v7i3.9600

Abstract

The Consumer Dispute Resolution Agency (BPSK) is a new institution established by the government as a fast and cost-effective solution to consumer disputes. However, its position in the Indonesian judicial system and its effectiveness in ensuring access to justice require review. This research will analyze: (1) the legal position of BPSK, and (2) the extent to which BPSK meets the principle of access to justice for consumers. To know the legal position of BPSK in the Indonesian judicial system and how BPSK contributes to ensuring access to justice for consumers in handling disputes with business actors. The type of research used by the author is legal research with two approaches, namely: (1) statute approach, (2) conceptual approach. Using sources of secondary legal materials obtained indirectly through intermediary media by combining primary and secondary legal materials. The collection techniques applied are bibliography study, and data analysis using prescriptive methods. The results of this research related to BPSK's position in the Indonesian judicial system are outside the judiciary or judicial because BPSK's decision is final and binding, but does not have executive power. The existence of BPSK has played an important role in overcoming the imbalance of legal positions between consumers and business actors, by applying three basic principles, namely accessibility, fairness, and overall effectiveness, which have fulfilled the principle of access to justice. However, the implementation is still facing various challenges of BPSK's unevenness in each region II of the city/district, and low consumer awareness.

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