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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 308 Documents
Pengaruh Karakter Siswa dan Motivasi Belajar terhadap Kompetensi Belajar Akidah Akhlak Siswa Madrasah Aliyah Negeri Kabupaten Kuningan Afriyanti, Diah Nur; Saepudin, Saepudin; Suryahim, Iim; Setiawati, Yanti Hasbian
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.386

Abstract

The background of this research is that there is still no effective competence to learn morality because competence is knowledge, skills, and abilities that have become part of one's self. The objective of this research is to know the positive influence of student character on the competence of learning in academia, to understand the positive impact of learning motivation on competence, and to know the positive impact of the character of students on the motivation of learning. This research method uses quantitative research with the partial least squares (PLS) approach and structural equation modeling (SEM). The sample is 150 students and using simple random sampling tecnict. The results of the study were positive and statistically significant for the direct influence of student character on the learning competence, Learning motivation has a direct positive and statistically significant influence on the learning competence, positive and statistically significant for the direct influence of student character on learning motivation. The result of the calculation of the path coefficient (Path Coefisien) was the equation KB = 0.898 KS + 0.389 MB, which means that the competence of learning in academia of 56.7% can be explained by the character of the student and 38.9% by the learning motivation variable with a constellation value of 0.898. The results of the data analysis show a value = R-square adjusted of 0.931, which means that 93.1% of the variation of the endogenous variable of learning competence can be explained by the exogenic variables of student character and learning motivation, when the remaining 6.9% is explained by variations of change not included in this model. Keywords: student character, learning motivation, learning competence
Aplikasi Pendekatan Interdisipliner dalam Studi  Hukum Perkawinan: : Studi Kasus Perkawinan di Bawah Umur ucu, Ardianto
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.387

Abstract

This paper aims to strengthen the opinion that says the importance of applying a more conical interdisciplinary approach to the study of marriage law and applying an interdisciplinary approach in studying, exploring, understanding, and applying Islamic family law in everyday life. Research using qualitative methods. While the approach used in this study is legal sociology with the theory of legal effectiveness. The results of this study resulted in three conclusions. First, interdisciplinary means collaboration between one science and another in examining a problem, is a unit with its own method. In addition, it is also said that integration between one science and another, so as to form a new science and with new methods. For example, the combination of social and political becomes socio-political, the combination of politics and religion becomes political-religious, the combination of psychology and social becomes social psychology and so on. The need for habituation in using an interdisciplinary approach in studying, understanding and practicing all legal issues, especially those bound by family law. Second, an interdisciplinary approach is one method that is able to answer increasingly complex problems. Besides that, the interdisciplinary approach that is being operated also provides a new perspective in answering existing problems, so that the interdisciplinary approach is expected to become a distinction in the content of family law. And thirdly, in the perspective of legal sociology and legal effectiveness theory, child marriage is still an unresolved social problem, even though Islamic law rules and laws have regulated the age limit for marriage. This was driven by the lack of awareness of the rural community that these regulations were promulgated. So that the practice of underage marriage still often occurs continuously. Sociologically, the occurrence of the practice of underage marriages is motivated by the belief of the community that a child who enters the age of puberty must be married off immediately, in order to avoid greater dangers, such as committing acts that are prohibited by religion (violating religious rules). . Keywords: Application, Interdisciplinary Approach, Marriage Law
Pendidikan Seksual Perspektif Hukum Keluarga: : Pengertian (Kekerasan Seksual dan Pendidikan Seksual), Peran Orang Tua, Kasus Beserta Analisisnya Azmi, Putri Ulul; Romadhoni, Pratiwi Uly
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.397

Abstract

Sexual violence against minors has become one of the discussions of social problems at the international level. As proof, there is an increasing number of cases of violence against children in various regions in Indonesia. In this case, minors can be targeted by victims and perpetrators of immoral acts. Parents and family are key indicators that play an important role in family safety and honor. Sexual education from an early age needs to be done by the closest people, especially parents, family, teachers, and others. Therefore, the author raises a topic related to the role of parents in sexual education from the perspective of Islamic family law. This research is to provide an understanding of the importance of the role of parents in educating and teaching sexual education to children from an early age. In addition, it also discusses and analyzes sanctions that will be given in a case of sexual violence that occurs in minors. The method used in this research is literature studies (library research).The results of this study explained that Islam views sexual education as one of the most important aspects of life. It is because sexual education is closely related to religious education, such as morals, creeds, and worship. Sexual violence can occur due to two factors, namely internal and external factors. Violence against children can be categorized into psychological violence, physical violence, sexual violence, and social violence. In addition, there are several factors that support sexual education for children and adolescents in Islam, for example, instilling shyness, getting used to lowering one's gaze, applying social manners and showing Islamic looks, and so on. Sanctions that are suitable for handling cases of sexual violence against minors are Restorative Justice. Keywords: Sexual Violence, Minors, Early Childhood Sexual Education, Islamic Family Law
Konsep Pendidikan Keluarga Dalam Perspektif Al-Qur'an dan Hadis Herlina, Herlina
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.399

Abstract

The role of the family in the educational process, is an inevitable necessity, this is because the important role of the family as the environment of origin, and also the first environment for humans. Thie shows, the existence of the family is very important, in supporting the achievement of educational goals. Facts and reality in the field show that, the role of the family today, has not shown its maximum effort as the main educational institution, so that there is a practice of violence in the family, both against wife and child, which is certainly very contradictory basic principles in the process of education. The presence of this article, intended to explore the important role of the family, in the educational process bassed on the perspective of the Qur'an and Hadith. This exploration is intended to gain a fundamental essence in the process of family education, so as to provide a new perspective on the perceiving of the faimily as an important part of the humanizing process. Keywords: Education, Family, Qur'an, and Hadith.
Bias Patriarkhi dalam Hukum Keluarga Islam Sudan Tahun 1991 Mempertimbangkan Pengalaman Khas Perempuan untuk Perlindungan dari Diskriminasi Husna, Khotimatul
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.400

Abstract

The protection of women from discrimination in Islamic family law is a demand of women's rights fighters, but in Sudan this demand is not accepted because there is still a patriarchal bias in the articles of the 1991 Sudanese family law. These articles discriminate against women in various aspects, both social and biological, because of strong and deep-rooted patriarchal traditions. This study aims to explore eight discriminatory issues against women from articles of patriarchal bias in the 1991 Sudanese family law which views women's rights and obligations as different from those of men in the family. This study uses a descriptive analysis approach with the theory of essential justice proposed by Dr. Nur Rofiah Bill. Uzm. This theory sees women as whole human beings and equal subjects, so that true justice requires consideration of women's experiences which can be biologically and socially different from men's. Data obtained through literature review or library research. This study concludes that the discriminatory articles against women in the 1991 Sudanese Islamic family law are due to the fact that the family law was drafted by government authorities and a masculine societal culture and does not present women's unique experiences as a policy consideration. The reasoning of patriarchal culture in Sudanese family law completely ignores the impact of harm or harm on women. In the end, patriarchal bias articles in Sudanese family law have contributed to perpetuating gender inequality. This confirms that efforts to protect Sudanese women from acts of subordination, marginalization, stereotypes, violence, and double burden face serious challenges because they are legitimized by positive law. As a result, women occupy a weak and weakened position in the family. Keywords: Patriarchy, Sudanese Islamic Family Law
Persepsi Masyarakat Islam Kejawen di Kabupaten Cilacap terhadap Implementasi Pasal 7 Ayat 1 Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Usia Perkawinan Muchimah, Muchimah; Azizah, Mabaroh
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.402

Abstract

This article discusses the perceptions of the Javanese Islamic community regarding the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning changes in the age of marriage. This research originated from a judicial review filed by the Indonesian Child Protection Commission (KPAI), the Constitutional Court. The decision decided that Article 7 paragraph (1) is as long as the phrase "16 years". The Marriage Law is considered to be contrary to the 1945 Constitution (UUD) of the Republic of Indonesia (NKRI) and does not have binding legal force. Finally, the Constitutional Court finally granted a judicial review of Article 7 paragraph 1, this was because Article 7 Paragraph 1 was discriminatory and not in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution concerning equal rights before the law and the Child Protection Law which stated that boys -Men and girls have the same rights. The aim of this research is to determine the implementation of Article 7 Paragraph 1 of the 1974 Marriage Law in the Indigenous Anak Putu (ATAP) community in Cilacap Regency. The results of this research indicate that the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning Marriage in the Kejawen Islamic Community in Cilacap Regency has been carried out as it should. Evidenced by the existence of a long process before the occurrence of the marriage contract. Apart from the procession, there are traditional rules that must not be abandoned, the Anak Putu Traditional Community also upholds the laws and norms that apply in Indonesia. So that in carrying out customary rules it is not intended to violate or get rid of state regulations. However, this is where the customary rules of the Anak Putu Tradition are carried out in tandem with state law. Keywords: Community Perception, Kejawen Islam, Changes in Age of Marriage
Analisis Pola Asuh dan Komunikasi Orang Tua pada Remaja Geng Motor Kelurahan Jati Utomo Kota Binjai Putri, Sabrina Dwi; Fidorova, Yolanda; Cantika, Cantika; Ariqi, Faiz Rhido; Rajab Harahap, Mhd Abdul
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.404

Abstract

Juvenile delinquency occurs along with the development of technology, where their behavior is deviant and violates norms to the occurrence of crime. In this phase, a good role and communication between parents and children is needed because there are many emotional, cognitive and physical changes.This study aims to determine the form of parenting and communication of parents in teenage motorcycle gangs in Jati Utomo Village, North Binjai, North Sumatra and the method used in this study is descriptive qualitative. This research data collection technique uses interviews, observations and literature studies. The subjects of the study were several motorcycle gang members and several neighborhood heads in Jati Utomo Village. The results of this study show that the form of parenting greatly affects the way adolescents get along, as well as the communication built between parents and children which is a guide in determining their social environment. Teenagers make the community formed as a forum that can express themselves and get a very wide scope of friends. While the form of parenting they get from parents is very minimal, ranging from teaching responsibility, mentoring worship problems and solving social life problems they experience Keyword: Parenting, Teen, Motorcycle Gangs
Analisis Pola Asuh dan Komunikasi Orang Tua pada Remaja Geng Motor Kelurahan Jati Utomo Kota Binjai Putri, Sabrina Dwi; Fidorova, Yolanda; Cantika, Cantika; Ariqi, Faiz Rhido; Harahap, Mhd Abdul Rajab; Asrul, Asrul
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.418

Abstract

Juvenile delinquency occurs along with the development of technology, where their behavior is deviant and violates norms to the occurrence of crime. In this phase, a good role and communication between parents and children is needed because there are many emotional, cognitive and physical changes.This study aims to determine the form of parenting and communication of parents in teenage motorcycle gangs in Jati Utomo Village, North Binjai, North Sumatra and the method used in this study is descriptive qualitative. This research data collection technique uses interviews, observations and literature studies. The subjects of the study were several motorcycle gang members and several neighborhood heads in Jati Utomo Village. The results of this study show that the form of parenting greatly affects the way adolescents get along, as well as the communication built between parents and children which is a guide in determining their social environment. Teenagers make the community formed as a forum that can express themselves and get a very wide scope of friends. While the form of parenting they get from parents is very minimal, ranging from teaching responsibility, mentoring worship problems and solving social life problems they experience Keyword: Parenting, Teen, Motorcycle Gangs
Responsibilities of Heirs in Paying Debts of Heirs Perspective Ulama of Regency Bener Meriah Syifauzzahrah, Syifauzzahrah; Turnip, Ibnu Radwan Siddik
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.419

Abstract

One of the heir's responsibilities towards his heirs is to settle the heir's debts that may have existed while he was still alive. The issue is to what extent is the heir's responsibility in paying the heir's debts if the heir does not leave sufficient assets to pay his debts. This paper aims to examine the practices and perspectives of Bener Meriah Regency ulama regarding the responsibility of heirs in paying the heir's debts. This research is empirical legal research, with a legal sociology approach. Primary data sources were obtained from interviews with the public and ulama. Secondary data sources were obtained from primary legal materials, namely the Compilation of Islamic Law and secondary legal materials, namely fiqh books. The data analysis method used is a qualitative analysis method. The results of the research show that some Ulama from Bener Meriah Regency are of the opinion that the heirs have an obligation to pay the debts left by the heir until they are paid off. If the assets left behind are not sufficient, then the heirs will pay them from their own assets, which can be done in installments. However, some ulama agree with the KHI provisions which limit the heir's obligation to pay debts to only the amount of assets left behind, without having to use the heir's assets to pay them as stated in Article 175 paragraph 2. Implementation of the KHI provisions is recommended by means of deliberation with the parties. -the party who owes the debt, so its implementation cannot be forced. Keywords: Heirs, Debt, Heirs, Bener Meriah Regency Ulama
Analisis Yuridis Tentang Pertimbangan Hakim dalam Memberikan Izin Poligami bagi Pegawai Negeri Sipil (PNS) Wanita Sebagai Istri Kedua: Studi Putusan Nomor 0085/Pdt.G/2019/PA/Sel Dalimunthe, Nuh Ansa; Milhan, Milhan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): 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.v6i1.420

Abstract

This study aims to analyze the decision of the Religious Court Number 0085/Pdt.G/2019/PA.Sel regarding the application for polygamy permit with the second prospective wife a Civil Servant (PNS). This study is conducted to find out the basis for the judge's consideration of granting the application. Whereas as in Government Regulation Number 45 of 1990 Article 4 paragraph (2) does not allow female civil servants to become the second, third and fourth wives. This research is a type of qualitative research with a normative juridical approach that uses a statute approach, case approach, and literature approach. The primary data sources of this research are the Religious Court Decision 0085/Pdt,G/2019/PA.Sel, Marriage Law Number 1 of 1974, Government Regulation Number 45 of 1990 amending Government Regulation Number 10 of 1983, and the Compilation of Islamic Law (KHI). The results of this study indicate that the judge in exploring and adjudicating this case made ijitihad which granted a polygamy permit application with a prospective Civil Servant wife. The judge prioritized the principle of public justice as intended by Article 5 of Law Number 48 of 2009 concerning Judicial Power. The panel of judges also emphasized the morality aspect in which the applicant was allowed to marry (Polygamy). Because mutual love is difficult to separate, and the second wife candidate attaches a letter to bear the risk in Decision Number 0085/Pdt.G/2019/PA.Sel. Keywords: Polygamy, Juridical Analysis of Judges' Considerations, Female Civil Servants

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