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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 295 Documents
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Pembatasan Usia Minimal Perkawinan dalam Hukum Keluarga Islam Studi Komparasi Indonesia dan Yordania M. Syarfi Iqbal; Moh. Asyiq Amrulloh
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1526

Abstract

The minimum age limit for marriage in Islamic Family Law is a provision that regulates the minimum age limit that must be met by individuals before legally entering into a marriage according to the principles of Islamic law. This is intended to protect the parties involved and ensure the physical, mental and emotional maturity of prospective partners before entering into marriage. This research uses a qualitative descriptive approach using literature study methods to investigate differences in minimum age restrictions for marriage between Islamic law and state policy. Data collection was carried out through direct surveys and literature searches from trusted sources, including international journals, books and e-books. The literature study method involves three essential steps: Literature Inventory, Literature Description, and Literature Comparison. The research focus is focused on analyzing laws regarding minimum age limits for marriage in various countries, with an emphasis on comparisons between Islamic legal views and implementation of state policies. The research findings produced several conclusions, including: 1) Differences in approach between Islamic law which does not set a minimum age limit and state policies such as Indonesia (19 years) and Jordan (18 years); 2) Limiting the age of marriage as an effort to protect and mature individuals in living a married life; 3) Rearranged minimum standardization divergence to prevent misuse; 4) Marriage as an institution with noble purposes, interpreted by Islamic law and adopted by the state taking into account local, social and cultural aspects.
Hubungan Konflik Peran Ganda dan Stres Kerja dengan Psychological Well Being Perawat di RSUD Dr. R. Goeteng Taroenadibrata Purbalingga Dinda Artanti Septiana
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1612

Abstract

The psychological well-being felt by nurses is important because it has an optimal influence on whether nurses work or not. Psychological well-being in nurses can be caused by many aspects, including problems with multiple roles and work stress. In this way, the aim of the research is to understand the relationship between dual roles, work stress, and the psychological well-being of nurses at RSUD, Dr. R. Goeteng Taroenadibrata Purbalingga. The method taken is quantitative with a descriptive correlational design and cross-sectional design, as well as a sampling technique with total sampling. Data analysis utilized the Spearman Rank test. The output of the research was from 70 nurses at RSUD Dr. R. Goeteng Taroenadibrata Purbalingga. The majority experienced dual role conflict, which was at a moderate level; there were 32 nurses (45.7%), work stress was in the moderate category, 40 people (57.1%), and psychological well-being was in the medium category, 43 nurses. (61.4%). The results of the data analysis show that there is an influential correlation between the problem of dual roles and the psychological well-being of nurses (p-value = 0.000 and rho = 0.885). Apart from that, there is also an influential correlation between work stress and the psychological well-being of nurses (p-value = 0.000 and rho value = 0.775).The psychological well-being felt by nurses is important because it has an optimal influence on whether nurses work or not. Psychological well-being in nurses can be caused by many aspects, including problems with multiple roles and work stress. In this way, the aim of the research is to understand the relationship between dual roles, work stress, and the psychological well-being of nurses at RSUD, Dr. R. Goeteng Taroenadibrata Purbalingga. The method taken is quantitative with a descriptive correlational design and cross-sectional design, as well as a sampling technique with total sampling. Data analysis utilized the Spearman Rank test. The output of the research was from 70 nurses at RSUD Dr. R. Goeteng Taroenadibrata Purbalingga. The majority experienced dual role conflict, which was at a moderate level; there were 32 nurses (45.7%), work stress was in the moderate category, 40 people (57.1%), and psychological well-being was in the medium category, 43 nurses. (61.4%). The results of the data analysis show that there is an influential correlation between the problem of dual roles and the psychological well-being of nurses (p-value = 0.000 and rho = 0.885). Apart from that, there is also an influential correlation between work stress and the psychological well-being of nurses (p-value = 0.000 and rho value = 0.775).
Perlindungan terhadap Satwa Endemik yang Dilindungi Berdasarkan Undang-Undang No. 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya Prasetyo Hadi; Didik Suhariyanto; Dewi Iryani
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.v6i1.1672

Abstract

Animal protection must be developed as a counterweight to the democratic system developed by humans. The concept of animal protection can be understood in the context of a balanced relationship between God, nature and humans. So far, power relations have only been seen as a human problem. In democracy, only humans, called the people, are made the starting point and center of attention, which will lead to massive exploitation of nature.The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Authority for Endemic Animals Protected in the Conservation of Biological Natural Resources and Their Ecosystems, Based on the material regulated in this Law, Law no. 5 of 1990 contains fundamental weaknesses, namely: It only categorizes types into protected and unprotected. For protected species, the provisions regarding sanctions for violations are clearly regulated and adequate.Legal Protection of Endemic Animals which are Protected Based on Law Number 5 of 1990 Conservation of Living Natural Resources and Their Ecosystems, Regulations that regulate the balance between utilization and balancing must also be balanced. It must always be controlled to maintain forest stability
Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok Tiara Cantika Puja Ramadani; Dyah Listyarini; Arikha Saputra
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.v6i1.1699

Abstract

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.
Penegakan Hukum, Sanksi dan Kendala Dari Pelanggaran Peraturan Daerah Nomor 13 Tahun 2012 Tentang Pengelolaan Sampah di Kabupaten Kendal Qikhan Maulidya; Dyah Listyarini; Wenny Megawati
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1706

Abstract

Waste management is still an unresolved problem to this day. This research aims to examine problems in waste management in Kendal Regency. This research is normative legal research with a statutory approach. Data was collected using literature studies and analyzed qualitatively. Kendal Regency has several laws and regulations related to waste management, especially Regional Regulation Number 13 of 2012 concerning Waste Management and several other laws and regulations. Law enforcement in waste management refers to three legal systems which are a combination of structural, material and cultural components. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Even though a strong legal basis has been provided by regional regulations, the implementation of sanctions still faces problems. The main obstacles are low public awareness, limited resources, and technical problems in waste management infrastructure. Sanctions applied for violations of regulations include verbal warnings, written warnings and fines. Sanctions have not been able to provide significant deterrence, according to the evaluation. Therefore, this research provides suggestions for improving the law enforcement system, increasing public awareness, and overcoming technical problems so that Regional Regulation Number 13 of 2012 in Kendal Regency can be better implemented in terms of sustainable waste management. Effective law enforcement can help create a clean, healthy and sustainable environment while ensuring that each party is responsible for waste management.
Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI Waljiman, Budi; Suhariyanto, Didik; Ismail, Ismail
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1714

Abstract

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.
Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara Mohamad Rizki Irmansyah; Didik Suhariyanto; Dewi Iryani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1715

Abstract

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause.The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted.Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.
Penegakan Hukum Tindak Pidana Pembunuhan Berencana terhadap Hakim Tedy Arman; Didik Suhariyanto; Ismail
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 2 (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.v6i2.1758

Abstract

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.
Faktor-Faktor Abortus Provocatus dalam Perspektif Maqasid Syariah Rahmat Ramadhan. Mz
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.v6i1.1790

Abstract

Various kinds of problems that exist today, arise one classic problem to the surface of modern Muslim society which refers to controversy, namely the case of abortion (abortion). The abortion of Provocatus is mostly done by mothers caused by several factors, including medical factors, and rape factors so that it does not have a small impact on death on the mother. This study was conducted to research factors. abortion provocateurs in the perspective of Maqasid Sharia. This research method involves analyzing literature studies for article materials that have something to do with the issues raised and then analyzing using the approach of Sharia Maqasid principles. In this study, it was found that there are factors that cause its occurrence. Abortion provocateurs is like a medical factor, and rape factors are permissible on emergency grounds. This research is expected to contribute to the study of Islamic family law and this research provides insight for the parties involved in understanding the factors that cause abortion provocateurs such as medical factors, and rape factors are permissible.
Pelit Sebagai Alasan Fasakh: Kajian Terhadap Putusan Pengadilan Agama Bangko No.70/Pdt.G/2021/Pa.Bko Muyassarah Hamid; Gunawan Sayuti; Mida Alvia
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.v6i1.1794

Abstract

This research aims to find out the procedure for applying for a divorce at the Bangko Religious Court for Case No. 70/Pdt.G /2021/PA.Bko and to find out the legal basis for the Judges' Consideration in Determining Case No. 70/Pdt.G/2021/PA.Bko Regarding the husband. who is stingy and the husband accuses the wife of cheating at the Bangko Religious Court. The method used in this research is a method with a qualitative descriptive approach, because this research is considered capable of analyzing social reality in detail. The data collection technique is carried out by observation, interviews and documentation. This research concludes that when filing for divorce, the plaintiff should file a complaint in writing or verbally with the religious court/syari'ah court. Then the lawsuit is submitted to the religious court/syariah court with several provisions, including that whose jurisdiction includes the defendant's residence, if the defendant's residence is unknown, then the lawsuit is submitted to the religious court/syariah court whose jurisdiction includes the plaintiff's residence, if it concerns fixed objects, then a lawsuit can be filed with the religious court/syariah court. Several things were taken into consideration by the judge in the Bangko Religious Court Decision No. 70/Pdt.G/2021/Pa.Bko, among others, peace efforts have been made between the plaintiff and the defendant, domestic commotion that has been going on for a long time, the presence of evidence and witnesses in the trial, and surah ruum verse 21 is also taken into consideration by the judge in decided the case granting the defendant's request..

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