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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
Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Pinjaman Online di Indonesia Anis; Zuhrah; Didik Irawansah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9449

Abstract

This study aims to determine consumer protection for users of fintech services (Peero-Peer Lending) in the perspective of consumer protection law in Indonesia and to find out efforts to resolve disputes against JULO application Fintech Peer To Peer Lending services. This research uses normative juridical methods with statutory and conceptual approaches. As a literature research, the main focus is on analyzing primary legal materials such as Law No. 8 of 1999 concerning Consumer Protection, Law No. 11 of 2008 concerning ITE, as well as various OJK regulations including POJK No. 10/POJK.05/2022. A statutory approach is applied to comprehensively review regulations relevant to online loan consumer protection, while a conceptual approach is used to analyze theories of consumer protection, principles of justice, and legal certainty. This research aims to provide an in-depth understanding of the legal framework governing consumer protection in online lending services as well as its implementation in practice. This research reveals that although FinTech P2P Lending consumer protection in Indonesia has a strong legal foundation through the Consumer Protection Law and POJK No. 77/POJK.01/2016, its implementation still faces challenges in the form of regulatory gaps with practices in the field. The study on the JULO platform shows that 78% of complaints are resolved through internal mechanisms, while adjudication is an effective solution with an 85% satisfaction rate and faster resolution time (14 working days). The findings identified three main issues: inconsistency in the application of rules, low consumer legal literacy (42%), and the complexity of cross-jurisdictional disputes. The research recommends strengthening OJK's technology-based supervision, improving consumer education, and optimizing adjudication, emphasizing the importance of collaboration between regulators, businesses, and communities to create an equitable and sustainable P2P Lending ecosystem.
Peran Orang Tua Dalam Menanggulangi Anak yang Kecanduan Narkoba di Desa Aek Tapa Kecamatan Merbau Kabupaten Labuhan Batu Utara Muhammad Ilham Sitompul; Kamalia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9577

Abstract

The aim of this research is to analyse the role of parents in the prevention and mitigation of drug addiction in Aek Tapa Village, Merbau District, North Labuhan Batu Regency. In data collection, the method used in this study employs interviews with a descriptive qualitative approach. This research shows that the role of parents is crucial in protecting children from the dangers of drugs, both in prevention and mitigation efforts. Parents act as educators by providing early education about the dangers of drugs through discussions at home and real-life examples from the surrounding environment. Strict supervision of children's interactions and activities is an important strategy in preventing negative influences from the external environment. In addition, open communication between parents and children is key in building trust and preventing children from feeling alienated, which often becomes a triggering factor for drug abuse. In terms of intervention, parents provide significant emotional and psychological support to help their children through the recovery process.
Upaya Perlindungan Hukum Terhadap Anak Luar Nikah: Analisis Yuridis dalam Perspektif Hukum di Indonesia Shafira Rizka Azzahrani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9635

Abstract

This research focuses on children born out of wedlock, based on all aspects that will arise for these children. And the provisions that will apply to the child born out of wedlock, such as their lineage, inheritance, and rights as a child, both from the perspective of religious law and positive law. The purpose of this research is to find out what efforts can be made to protect children from the consequences of adultery. This research is a normative legal study, with data sources obtained thru literature review based on the Quran and Hadith, books, legislation, and other related matters. A child born out of wedlock has no kinship ties with their biological father, but that does not mean the father who impregnated the mother can escape responsibility toward the child. The man who caused her pregnancy is obligated to meet all her needs and provide an inheritance thru a mandatory will so that the child receives fair treatment and thus achieves welfare in life. In this case, to realize child protection, there are efforts that can be made, namely: structure, substance, and legal culture. The court institution, as a legal structure, plays a very important role in applying and enforcing the law to ensure legal protection for the fulfillment of the rights of children born out of wedlock.
Perlindungan Hukum Terhadap Hak Tetangga Akibat Dampak Rumah Walet di Pemukiman kota Palopo M. Ardiansyah WH; Abdain; Takdir
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9668

Abstract

This study examines the legal protection of residents, particularly neighbors' rights, against the impact of swiftlet houses in residential areas in Palopo City. This phenomenon is controversial because the establishment of swiftlet houses in residential areas often causes noise, air pollution, spatial inconsistencies, house damage, the potential spread of disease, and even affects property sales values. Although regulations prohibit or restrict such activities, particularly near educational and public facilities, these swiftlet houses continue to be established. In Islam, neighbors hold a vital position and must be treated well, as recommended by the Prophet Muhammad (peace be upon him). The purpose of this study is to analyze the forms of legal protection for local residents regarding the presence of swiftlet houses in residential areas, and the extent to which the government enforces established regulations. This study used a qualitative approach with in-depth interviews and participatory observation. The results indicate that the Palopo City Government is still not optimal in enforcing regulations related to swiftlet house businesses. Lack of understanding, coordination between regional agencies, and weak law enforcement have resulted in a lack of legal certainty for affected communities. The conclusion of this study is that legal protection for residents can be achieved through consistent law enforcement, tightened licensing procedures, and the application of legal principles such as the principle of "sic utere tuo ut alienum non laedas" (use your rights without harming the rights of others). Thus, the swiftlet house business can continue to operate without compromising residents' rights to a healthy and comfortable environment.
Analisis Kekuatan Pembuktian Akta Notaris yang Menimbulkan Sengketa Perdata Tinjauan Yuridis dalam Perkara No.165/PDT/2017/PT.MTR Wahyu Mustariyanto; Krisno Jatmiko; Della Zaskia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9671

Abstract

A notary is a state-appointed public official vested with the duty and authority to draw up deeds. Pursuant to Article 1 point 1 of Law No. 2 of 2014, which amends Law No. 30 of 2004 on the Position of Notary, a notary is characterized as a public official empowered to prepare authentic deeds and endowed with additional authorities as stipulated by this law or other relevant legislation. In carrying out their duties, notaries have a moral responsibility towards their profession. Paul F. Camanisch stated that the profession is a moral community that shares the same ideals and values. This professional group has guidelines known as the Code of Professional Ethics. Violations of the notary's position can result in responsibility for the person carrying out the profession, both administratively and in civil compensation. Furthermore, notaries can be subject to criminal responsibility if they violate the Criminal Code in carrying out their duties and can be held accountable for actions taken in making Authentic Deeds that are not in accordance with the law.
Peran Pemerintah Daerah dalam Melakukan Perlindungan Hukum Terhadap Perusakan Hutan Mangrove Akibat Pengalihfungsian Lahan di Kabupaten Pamekasan Dimas Agung Prasetya
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9672

Abstract

Mangroves naturally grow along the coast of Indonesia. Mangrove ecosystems are highly vulnerable to changes in land use, one of which is caused by increased levels of exploitation. One such occurrence is in Ambat Village, an area in Pamekasan Regency rich in mangrove ecosystems. Mangrove ecosystems play a crucial role in maintaining environmental sustainability and supporting the lives of surrounding communities. However, in recent years, the practice of mangrove clearing and land conversion in this area has become a very concerning issue. Mangrove land conversion occurs when areas previously dedicated to mangrove growth are converted to other uses, such as industrial infrastructure development. This study aims to determine the role of local governments in providing legal protection against mangrove forest destruction caused by land conversion. The findings obtained from this study are that supervision carried out by the government or related agencies in overseeing mangrove forests in the coastal area of Ambat Village, Pamekasan Regency, is currently ineffective. This is evident in the ongoing clearing of mangrove forests and the conversion of mangrove land in the area. To address this problem, it is necessary to develop policies that support sustainable mangrove land management.
Quarter Life Crisis pada Dewasa Muda: Peran Orientasi Ekspektasi Masa Depan dan Keberfungsian Keluarga Supriyati, Supriyati; Rahman, Puspa Rahayu Utami; Aisha, Dinda
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9680

Abstract

This study aims to investigate the influence of future expectation orientation and family functioning on quarter-life crisis among young adults in Karawang Regency. The research employs a quantitative method with a causal design. Participants consist of 204 young adults aged 18 to 25 years residing in Karawang Regency, comprising 71 males and 133 females. Sampling was conducted using the convenience sampling technique. Data collection utilized three psychological scales: the Quarter Life Crisis Scale, the Education and Work Future Expectation Scale, and the Family Function Scale. Data analysis techniques included normality test, linearity test, multiple regression analysis, and categorization test. The results indicate that future expectation orientation and family functioning significantly influence quarter-life crisis among young adults in Karawang Regency. The combined influence of future expectation orientation and family functioning on quarter-life crisis is 3.9%, with the remaining variance attributed to other unexamined factors.
Analisis Akad Nikah Virtual: Perspektif Syariat dan Realita Sosial Ramadhoni; Suharlina, Siti; Suryantoro, Dwi Dasa
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9720

Abstract

Technological developments have brought about various forms of adaptation in the daily lives of Muslims, one of which is the implementation of virtual marriage. In special circumstances, such as during a pandemic or due to significant geographical distances, online marriage ceremonies have emerged as a practical and appropriate solution. This study aims to analyse the compatibility of virtual marriage ceremonies with Sharia principles, while also examining the social response to such practices. This study addresses two main issues: whether the conditions and pillars of marriage in Islam can be fulfilled in a virtual marriage ceremony, and the Sharia perspective on its validity. This study uses a qualitative-critical approach based on social hermeneutics to examine the meaning of virtual marriage ceremonies in modern society. Data was collected from classical fiqh sources, contemporary fatwas, as well as news and documentation of virtual marriage practices. A virtual marriage contract is deemed valid as long as the pillars and conditions, such as the bride and groom, guardian, witnesses, and the exchange of consent, are fulfilled. As long as communication is clear and smooth, and the principles of marriage are upheld, the contract remains legally valid under Islamic law even without direct face-to-face interaction. Scholars differ in their opinions: the Shafi’i, Maliki, and Hanbali schools reject virtual contracts because the physical presence of the parties (ittihad al-majelis) is not fulfilled, while the Hanafi school permits them if they occur in real-time. Technical problems can invalidate a contract according to most schools of thought. Although it is valid if the main conditions are met and communication is clear, caution is still required
Sanksi Pelaku Tindak Pidana Kepemilikan Satwa Dilindungi dalam Putusan Nomor 809/PID.SUS/2024/PN.DPS Perspektif Hukum Pidana Islam Ali, M. Farhan; Saepulloh, Usep; Najmudin, Deden
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9888

Abstract

This study addresses the issue of sanctions against perpetrators of the crime of possession of protected wildlife, focusing on the analysis of Denpasar District Court Decision No. 809/Pid.Sus/2024/PN.Dps. The main problem in this study is the judge's legal considerations in issuing an acquittal for the defendant, as well as how Islamic criminal law examines the case. This research differs from previous studies by integrating positive criminal law and Islamic criminal law perspectives simultaneously. This study uses a normative juridical method with statutory, conceptual, analytical, and case study approaches. The results indicate that the judge considered the defendant's legal ignorance, lack of malicious intent (mens rea), and lack of outreach from relevant agencies. From an Islamic legal perspective, the defendant's actions are categorized as ta'zir crimes, for which sanctions are entirely left to the judge's discretion. This study demonstrates the importance of a substantive justice approach in environmental law enforcement that is not solely based on formal legality but also considers the social context and moral values
Gambaran Kepercayaan Diri Korban Bullying pada Remaja di KEC Bua Fitria, Aviyatul; Kadir, Abdul; Marhani, Marhani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (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.v7i4.9920

Abstract

This study aims to describe the self-confidence of adolescents who are victims of bullying in Bua District. Using a qualitative method with a phenomenological approach, data were collected from four main informants aged 12–24 years and four supporting informants through purposive sampling. Primary data were obtained from in-depth semi-structured interviews, observation, recordings, and documentation, while secondary data came from literature, journals, and related documents. The results show that bullying, especially verbal and social forms such as exclusion, humiliation, and gossip, causes a decline in self-confidence, social interaction difficulties, and social withdrawal among adolescents. Victims tend to experience trauma, fear, shame, and prolonged anxiety, which negatively affect their social relations and emotional balance. However, the findings also highlight that supportive social environments, including family, peers, and inner circles, are essential for victims’ psychological recovery and rebuilding their self-confidence. Creating safe, positive, and accepting environments can become a crucial foundation for restoring adolescents’ self-esteem and fostering their personal growth after experiencing bullying.