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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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Penentuan Batas Dewasa dalam Peralihan Hak Atas Tanah Berdasarkan KUHPerdata dan Surat Edaran Menteri ATR/KA.BPN Nomor 4/SE/I/2015 Aulia, Khalusha; Trijaya, Mohammad Wendy; Ariani, Nenny Dwi; Kasmawati, Kasmawati; Nurhasanah, Siti
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

Law Number 5 of 1960 on Agrarian Principles and its related rules define land rights transfer as transferring ownership or control over land. The transfer of ownership rights raises questions about the minimum age to establish a legal entity. In land services, the age of majority is 18 or after marriage, under Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Head 4/SE/I/2015. In contrast, Article 330 of the Criminal Code defines adulthood at 21 or marriage. These discrepancies in rules create legal confusion for legal organisations who transfer land rights between 18 and 21. The researcher employed a normative legal method to evaluate Indonesian land transfer law and legal certainty among 18–21-year-olds. According to research, a property Deed Official (PPAT) is a public official authorised to issue deeds of transfer of ownership in Indonesia, and all property rights transfers must comply with the UUPA and its laws. In land services, Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (BPN) No. 4/SE/I/2015 is legally binding. When legally mature people transfer land rights according to procedures, their actions are valid and binding. This circular meets the public's land service needs without court orders.
Pemberian Ganti Rugi kepada Konsumen Akibat Tindakan Anti Persaingan di Indonesia: Studi Putusan Komisi Pengawas Persaingan Usaha Nomor 25/KPPU-I/2009 tentang Penetapan Harga Fuel Surcharge Muhammad, Ghifari Mardhi; Wiradiputra, Ditha
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

The determination of compensation due to anti-competitive actions should be given to consumers, because the Competition Law actually regulates the determination and payment of compensation to the injured party, namely the business actor or the injured community/consumers. However, in practice, the losses arising from the actions of business actors are only paid to the aggrieved business actors or the state treasury, where the state is not a direct aggrieved party, but consumers. Providing compensation to consumers due to anti-competitive actions is a relevant matter when applied with various mechanisms that can be taken by consumers.
Analisis Hukum Keluarga Islam terhadap Penetapan Nomor: 51/Pdt.P/2024/PA:Prw tentang Penolakan Dispensasi Kawin Akibat Penggerebekan Taufiqurrahman, Muhammad; Marwin, Marwin; Burhanuddin, Ahmad; Jayusman, Jayusman
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

Studies on marriage dispensation in Indonesia have predominantly focused on the factors underlying the approval of applications and the social reasons contributing to child marriage practices. Previous research tends to position marriage dispensation as a legal solution to social and moral pressures, while studies that specifically examine the rejection of marriage dispensation and its implications for strengthening child protection within the framework of Islamic family law remain relatively limited. This condition reveals a research gap, particularly concerning the shifting paradigm of religious court decisions that increasingly prioritize the best interests of the child as a primary consideration. This study aims to analyze the judges’ legal reasoning in rejecting a marriage dispensation application in the Decision of the Pringsewu Religious Court Number 51/Pdt.P/2024/PA.Prw and to examine its conformity with the principles of Islamic family law. Employing a normative juridical approach with qualitative descriptive analysis, this research examines court decisions, relevant statutory regulations, and the doctrine of maqāṣid al-sharī‘ah. The analysis focuses on the implementation of Law Number 16 of 2019 and Supreme Court Regulation (PERMA) Number 5 of 2019 in the context of child protection. The findings indicate that the rejection of the marriage dispensation was based on considerations of child protection, continuity of education, psychological readiness, and reproductive health. From the perspective of Islamic family law, the decision reflects the application of maqāṣid al-sharī‘ah, particularly the protection of lineage (ḥifẓ al-nasl). This study concludes that marriage dispensation is not an absolute legal right, but a conditional legal policy that must prioritize public welfare and the best interests of the child.
Revisiting Article 33(3) of the Constitution of the Republic of Indonesia Through the Perspective of Law and Economics Lewiandy, Lewiandy; Puji, Janice Arivi; Tanujaya, Natania Kayla
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

This paper explores the connection between Article 33(3) of the 1945 Constitution of Indonesia, the welfare state theory, and the Kaldor-Hicks efficiency principle in the management of natural resources, particularly in the oil and gas sectors, using a normative juridical method. Since independence, Indonesia has been founded on the rule of law, ensuring justice, equality, and protection for its citizens. Article 33(3) establishes the philosophical and economic foundation of Indonesia’s welfare state by mandating that vital sectors and natural resources be controlled by the state for the people’s prosperity. However, globalization and excessive state monopolization have created inefficiency, corruption, and slow growth. Integrating the welfare state theory, which emphasizes public welfare, with the Kaldor-Hicks principle, which values policies that increase overall societal well-being even if some are disadvantaged, provides a more balanced framework. Allowing private participation under strict state supervision can enhance efficiency and innovation while maintaining constitutional integrity. The term “state control” should be understood as a regulatory and supervisory function rather than absolute ownership, ensuring accountability, transparency, and fairness. Thus, effective governance requires the state to act as both facilitator and regulator, balancing social justice and economic efficiency. This combination of welfare and efficiency theories, analyzed through a normative juridical approach, supports a constitutional model that promotes equitable and sustainable national prosperity.
Analisis Hukum Keluarga Islam tentang Sebambangan Naeki pada Adat Ogan Studi di Desa Bunglai Kecamatan Kedaton Peninjauan Raya Kabupaten Ogan Komering Ulu Sari, Siska Purnama; Hidayat, Eko; Kartika, Kartika
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

Sebambangan naeki is a unique tradition in which a girl actively goes to the home of her prospective husband, who is still unmarried, to ask to be married. If the man refuses, the girl will insist on not returning home until he marries her. This practice is often carried out by girls who have not yet reached the ideal age for marriage according to modern standards. In the context of Ogan customary law, the dowry, which is usually very high—namely 5 suku (units) of gold, 500 kilograms of dodol, and money amounting to 50 million rupiah—is adjusted to the financial capability of the man’s family. This research aims to describe the implementation process of sebambangan naeki in Ogan customary law and to analyze its compatibility with Islamic family law in the community of Bunglai Village. The research method used is descriptive-analytical qualitative research, with a field study approach and data collection from primary sources (observation, interviews) and secondary sources (fiqh books, journals, and legislation). The results of the study show that sebambangan naeki is carried out as a way to shorten the marriage process, mainly due to economic factors, the desire to accelerate marriage, lack of parental consent, or the presence of disgrace such as pregnancy outside of marriage. The process includes notification through a farewell letter, reporting to the village government, family deliberation (called nyuhok kesalahan), and administrative settlement. From the perspective of Islamic law, this tradition can be considered valid if it fulfills all the pillars and conditions of marriage, including the consent of both parties and the giving of a dowry. However, aspects of maturity (baligh) and public interest (maslahah) must be taken into consideration, especially because many of the participants are underage teenagers. From the perspective of Indonesian positive law, this practice often conflicts with Law Number 16 of 2019 on Marriage, which sets the minimum age at 19, so underage couples require a dispensation from the Religious Court. The conclusion of this study is that sebambangan naeki is a complex customary solution, situated at the crossroads between the recognition of customary and religious norms on the one hand, and state legal provisions on the other. Therefore, synergy is needed among traditional leaders, the government, and religious institutions to provide comprehensive understanding to the community, so that positive customary values can be preserved without neglecting legal protection, especially for children and women.
Hak Cipta sebagai Jaminan (Agunan) dalam Jaminan Kredit di Perbankan Pratama, Nendyanata Anugrah; Primananda A, Tahegga
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

The creative industry in Indonesia has experienced significant growth over the past few years. All works produced within this sector are protected under the intellectual property regime, particularly Copyright, as a form of legal protection for the creative outputs of individuals or groups. Nevertheless, the majority of creative economy actors, especially small- and medium-scale enterprises, continue to encounter substantial constraints in accessing financing. Intangible assets, such as Copyright, are not yet widely understood or recognized by financial institutions, particularly banks, as acceptable collateral for credit facilities. In fact, Copyright possesses tangible economic value, including income derived from royalties, licensing arrangements, and exclusive contracts, which may serve as a legitimate basis for assessing creditworthiness. Indonesian banking institutions have a principal function as collectors and distributors of public funds, as stipulated in Article 3 of Law Number 10 of 1998 concerning Banking. In providing credit to customers, banks are required to apply the prudential Principle, commonly known as the 5C Principle, which consists of Character, Capacity, Capital, Collateral, and Condition of the Economy. One form of security interest recognized under Indonesian law is fiduciary security, which may be imposed upon movable property, whether tangible or intangible, as well as upon specific immovable property other than those eligible to be encumbered with mortgage rights, as provided in Article 1, point 2 of Law Number 42 of 1999 concerning Fiduciary Security. Copyright constitutes one category of property that may be pledged as an object of fiduciary security pursuant to Article 16 paragraph (3) of Law Number 28 of 2014 concerning Copyright. Accordingly, based on these statutory provisions, Copyright should, in Principle, be eligible to serve as collateral for bank credit. However, in practice, banking institutions remain reluctant to accept Copyright as credit collateral for various reasons.
Penguasaan Tanah Ulayat yang Belum Terdaftar oleh Investor melalui Kontrak Karya: Tinjauan Yuridis terhadap Kasus PT Gag Nikel Dewanata, Bhisma; Ridaningjati, Pamungkas; Tobing, Daniel Giovanni Pandapotan L.; Farisi, Gusti Muhammad Reyhan; Alamsyah, Ariij Salsabil; Fatoni, Rifky Hamdan; Hutami, Aisya Puteri; Danu, Nizar Naren; Qatrunnada, Amirah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

The acquisition of customary land by mining companies often raises legal issues. Although customary land has constitutional recognition, the lack of administrative registration creates legal uncertainty, especially when ethics align with significant interests such as investment. This article analyzes the legality of PT Gag Nikel's acquisition of customary land, which operates under a Contract of Work (CoW), within the context of Law Number 4 of 2009 concerning Mineral and Coal Mining, as amended by Law Number 3 of 2020 (hereinafter referred to as the Minerba Law). This research uses legal research methods with statutory, conceptual, and case-based approaches. The results indicate that agreements between companies and indigenous communities are valid only if they meet consensual requirements and do not conflict with higher-level laws. Unauthorized agreements have low binding force and are vulnerable to revocation, especially when there is resistance from the aggrieved party or indications of default, as in the case of PT Gag Nikel. This article offers recommendations for legal reconstruction regarding the formal legalization mechanism for customary land agreements to strengthen the protection of indigenous communities while providing certainty for investors.
Akibat Hukum terhadap Kekuatan Eksekutorial Sertifikat Hak Tanggungan dalam Hal Objek Jaminan Musnah karena Bencana Alam Prastika, Kadek Septian Dharmawan; Budiartha, I Nyoman Putu; Styawati, Ni Komang Arini
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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This research is motivated by legal issues arising from the destruction of collateral objects under land mortgage rights, due to natural disasters, which renders the executorial power of the mortgage certificate unenforceable and creates legal uncertainty for creditors. The research problems include identifying the forms of legal protection available to creditors and determining the legal consequences for the executorial power of the mortgage certificate when the collateral object is lost. The objective of this research is to analyze both preventive and repressive legal protections for creditors and to explain the shift in the creditor’s position from a separatist creditor to a concurrent creditor pursuant to Article 1131 of the Civil Code. The research provides theoretical benefits by enriching the study of security law and practical benefits by offering guidance for banking institutions, notaries, and policymakers. The method employed is normative legal research using statutory, conceptual, and case approaches, with qualitative analysis of legal materials. The findings indicate that the destruction of the collateral object eliminates the creditor’s ability to execute the collateral through parate execution however, it does not extinguish the creditor’s claim against the debtor, which may still be pursued through general guarantees and alternative protection mechanisms such as insurance claims or substitute collateral. The conclusion of this research emphasizes the need for specific regulation regarding the risks associated with the destruction of collateral objects. The recommendations include mandating insurance coverage, improving relevant regulations, and enhancing risk-mitigation efforts by creditors.
Upaya Pencegahan dan Penanggulangan Tindak Pidana Terorisme oleh Detasemen Khusus 88 Anti Teror Muslim, M Imam; Ahmad, Ruben; Martini, Martini
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
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Abstract

Terrorism is categorized as an extraordinary crime that threatens national security, state stability, and public safety. Its countermeasures require specific legal instruments and specialized law enforcement agencies with strategic authority, one of which is the Special Detachment 88 Anti-Terror (Densus 88 AT) of the Indonesian National Police. This study aims to analyze the preventive and repressive efforts undertaken by Densus 88 AT in combating terrorism, particularly in the case of the Jama’ah Islamiyah (JI) network in South Sumatra, and to identify the obstacles encountered in its implementation. This research employs a normative-empirical legal research method with statutory, conceptual, and case approaches. The data were obtained through library research examining statutory regulations, legal doctrines, and relevant literature, as well as field research conducted through interviews with Densus 88 AT officers, community leaders, legal academics, and former terrorism convicts. The findings indicate that the preventive measures carried out by Densus 88 AT in South Sumatra include counter-radicalization, counter-ideology, and counter-narrative strategies implemented through socialization programs in schools, government institutions, private sectors, mass media, as well as guidance and empowerment programs for former terrorism convicts. Meanwhile, repressive measures are conducted through investigation, arrest, search and seizure, and law enforcement proceedings against members and supporters of the Jama’ah Islamiyah network, including those involved in terrorism financing. The obstacles faced include the widespread dissemination of radical ideology through digital media, the clandestine and organized nature of terrorist networks, limited community participation, and the challenge of maintaining a balance between effective law enforcement and the protection of human rights. Based on these findings, it can be concluded that the counterterrorism efforts undertaken by Densus 88 AT in South Sumatra have been implemented through a comprehensive approach integrating preventive and repressive measures. The effectiveness of this strategy depends on cross-sectoral synergy, strengthening societal ideological resilience, and the professionalism of law enforcement officers in carrying out their duties in accordance with the principles of the rule of law.
Perlindungan Hukum Nasabah Perbankan dalam Perspektif Hukum Pidana di Indonesia Wulandari, Sacra Resti; Hafrida, Hafrida; Erwin, Erwin
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Legal protection for banking customers from a criminal law perspective has become a crucial issue in line with the increasing complexity of banking crimes, particularly those involving information technology. This study aims to analyze the current criminal law policy on the legal protection of banking customers in Indonesia (ius constitutum) and to formulate future policy directions (ius constituendum). The research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed through interpretation, evaluation, and assessment of various regulations, including Law Number 10 of 1998 concerning Banking, Law Number 8 of 1999 concerning Consumer Protection, the Law on Electronic Information and Transactions, as well as several regulations issued by the Financial Services Authority and Bank Indonesia. The results indicate that, normatively, Indonesia has established a relatively comprehensive legal framework to provide protection for banking customers through both preventive and repressive mechanisms. Preventive protection is implemented through supervision, the prudential principle, and the deposit insurance system, while repressive protection is carried out through criminal sanctions, civil claims, and dispute resolution mechanisms. However, the implementation of such protection still faces several challenges, including weak inter-agency coordination, the complexity of proving cybercrimes, and the unequal bargaining position between banks and customers. Therefore, criminal law reform oriented toward policy and value-based approaches is necessary, including regulatory strengthening, enhancement of law enforcement capacity, harmonization of regulations, and the application of a more progressive liability principle for banks. Through this integrative approach, criminal law protection for banking customers is expected to become more effective, adaptive, and just.

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