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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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Game On, Harmony On: Menjaga Keseimbangan Rumah Tangga di Era Hiperkoneksi Game Online Melalui Nasihat Imam al-Ghazali Nurul Muslimah; 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.v6i1.1795

Abstract

In the past few decades, the electronic gaming industry has become a part of daily life. More and more people, including family members within a household, engage in playing games as a form of entertainment or recreational activity. One of the negative impacts of gaming is addiction. If someone becomes addicted to games, they may spend excessive amounts of time playing, neglecting their responsibilities and obligations at home. This research is conducted with the aim of examining how to maintain household balance in the era of hyperconnected online gaming through the advice of Imam al-Ghazali. The research methodology involves literature review analysis and data obtained from internet sources and literature, which are then analyzed textually. The findings of this research indicate that maintaining household balance in the era of hyperconnected online gaming can be achieved through the advice of Imam al-Ghazali, such as applying principles of responsibility, compassion, understanding, and effective communication to maintain balance in household interactions. This research is expected to contribute to the study of Islamic family law, providing insights for those involved in understanding how to maintain household balance in the era of hyperconnected online gaming.
Pola Asuh Anak Keluarga yang Berbeda Kota Tempat Tinggal: Studi 3 Keluarga di Desa Tompongpatu Andi Molawaliadda Patodongi
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.v6i1.1797

Abstract

The purpose of this study was to find out how the parenting style adopted by three families from different cities of residence in caring for the child. This research is a normative-empirical research using parenting theory. The results of research conducted on three couples who have different cities of residence are, even though the parents have different cities of residence, the parents still carry out childcare using generally known patterns such as: authoritative and democratic. Also using patterns with Islamic education such as: exemplary education, advice, and concern. Parenting using this pattern is considered very important because the child's behavior in the future depends on how the parenting style is applied by the parents even though one of the parents is not near the child.
Problematika Penegakan Hukum Kasus Pembunuhan Berencana di Indonesia: Studi Kasus Pembunuhan Berencana Kopi Sianida oleh Jessica Wongso terhadap Mirna Salihin Siti Rahma Sagala; Atikah Rahmi
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.v6i1.1825

Abstract

This research was conducted to look at the problems of law enforcement in Indonesia in the case of the premeditated murder of Wayan Mirna Salihin. Whether the judge's decision has provided justice that is as fair as possible to the victim and perpetrator, the evidence presented at the trial does not comply with procedures in accordance with the Criminal Code, the emergence of the films Ice Cold Murder, Coffee and Jessica Wongso has made the public less confident in the law in Indonesia. It is necessary to examine the role of the forensic autopsy in uncovering this case, the discovery of cyanide in Mirna's stomach, which is very strong evidence to prove that the cause of Mirna's death was poisoning by her friend Jessica Wongso. Research methods used used in this research is normative legal research, research using a problem approach, namely judicial case study by approaching the Mirna Salihin premeditated murder case, by examining the judge's decision which resulted in Jessica Wongso being convicted, by conducting this research uncovering the irregularities that occurred in This murder case creates a conflict of interest that cannot be resolved. Jessica Kumala Wongso has been convicted of violating Article 340 of the Criminal Code, namely premeditated murder. In the results of the examination, experts said that a complete autopsy must be carried out for human deaths due to poison. The expert concluded that the cause of WAYAN MIRNA SALIHIN's death was cyanide, especially since 0.2 mg/liter of cyanide was found in the stomach. The judge's decision regarding the premeditated murder of Mirna Salihin did not have any valid and strong evidence at all, starting from the testimony of witnesses who did not there was someone who saw Jessica put poison in the coffee that Mirna was drinking, then the expert's testimony in the examination was not perfect, one of which was that the autopsy did not comply with proper procedures, as well as evidence, such as CCTV which was not original and contrary to regulations. KAPOLRI No. 10 of 2009, as well as the defendant's statement that it never occurred to him to kill his own friend.
Efektivitas Diversi dalam Penyelesaian Tindak Pidana di Kepolisian Resor Kota Banyumas Pangestu, Jeffry Eguh; Angkasa, Angkasa; Wahyudi, Setya
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.v6i2.1866

Abstract

This research aims to determine, understand, and analyze elaboratively the effectiveness of implementing diversion and inhibiting factors faced by the police in resolving criminal acts that occur in the jurisdiction of the Banyumas City Police Department. The research method used in this paper is qualitative research with a sociological juridical approach, with analytical descriptive research specifications. The location of this research is at the Banyumas City Police Department. The types and sources of data in this research include primary data and secondary data. Primaries data were obtained through interviews and secondaries data were obtained through literature study which was described narratively and systematically. Based on the research results, it was concluded that the implemention of diversion in resolving criminal acts at the Banyumas City Police Department jurisdiction had been effective in cases that met the material and formal requirements as determined in statutory regulations such as Law Number 11 of 2012 concerning Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling Childen Who Are Not Yet 12 (twelve) Years Old, as well as Police Regulation Number 8 of 2021 concerning Handling Criminal Offenses based on Restorative Justice. Then, regarding the inhibiting factors faced by the police in implementing diversion at the investigation level, they consist of: Legal structure factors, namely the lack of understanding by internal resources, especially police officers at the lowest level (Polsek) regarding the mechanisms and rules for resolving criminal cases through diversion, Legal substance factors, namely the absence of internal police regulations that specifically regulate technical and administrative instructions for investigations (Standard Operational Procedures) relating to the implementation of diversion at the investigative level, (3) Legal culture factors, namely the community at generally, there is still a paradigm that the concept of justice for perpetrators of criminal acts is punishment or criminal imposition which focuses on the aspect of retaliation.
Interpretasi Asas Mempersulit Perceraian dalam Perspektif Hukum Islam Hermansyah Hermansyah
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.v6i1.1916

Abstract

Marriage, as a facilitator of tranquility, affection, and mercy, may encounter serious challenges influenced by various reasons. When conflicts escalate within a household, Islam provides a solution through divorce or "talak." Despite the majority of Indonesian society viewing the pronouncement of talak as a sign of marriage dissolution, in reality, divorce is considered official only after a decision by the Religious Court in accordance with applicable regulations. This study employs a literature review method, focusing on collecting literary data and adopting a conceptual approach. The researcher details aspects of the law in Law No. 1 of 1974 related to the validity of talak in court according to Islamic law in Indonesia. Perspectives on divorce in Islam and the Marriage Law emphasize the necessity of implementation with consideration, justice, and responsibility. The primary objective of this research is to provide a comprehensive overview of the principle of complicating divorce and the validity of talak in court. The findings in this paper reveal that Islamic law, through Thalaq, regulates divorce with clear limitations, emphasizing the importance of administering Allah's law justly. The Marriage Law in Indonesia leads to complex procedures, including reconciliation efforts at the Religious Court before divorce. These regulations reflect awareness of the well-being and justice for all parties involved. The principle of complicating divorce in the Religious Court aims to encourage wise decisions, consider mutual interests, and ensure compliance with Islamic legal norms, creating a better understanding of Islamic law and Sharia with positive implications for society.
Tinjauan Hukum Terhadap Wali Fasik Perspektif Madzhab Syafi’i: Studi Kasus Kelurahan Tanjung Mulia Syawaluddin HSB; Sahmiar Pulungan
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.v6i1.2025

Abstract

thought, to become a guardian in a marriage, you are required to fulfill several conditions, one of which is that a guardian must be fair (not wicked). However, what often happens in the people of Medan Deli District, in the process of determining a guardian in a marriage, is that people only look at who is the oldest without considering other aspects. Therefore, the aim of this research is to examine the extent to which the legality of a marriage with a guardian to an impious person according to the Shafi'i school of thought, therefore, this is a very important thing to examine, because it is related to whether the marriage is valid or not. This research was conducted in Tanjung Mulia Village. With the formulation of the problem, how is the category of determining the guardian of a wicked marriage, what is the validity of a marriage whose guardian is a wicked person according to the Shafi'i school of thought. This research uses qualitative research with an empirical juridical / sociological juridical approach where the author focuses on the implementation of Islamic legal rules in society. After careful investigation, it turns out that there are cases where the bride-to-be has more than one male sibling who can be a guardian. The results of research show that the community believes that the oldest person has the right and is worthy to be a guardian. In the Shafi'i school of thought there are fair conditions that must be fulfilled as a guardian. there is no guardianship for the wicked. A marriage that takes place using an evil guardian means the marriage is invalid.
Tradisi Asokan Pada Walimatul ‘Urs Tinjauan Terhadap Ketahanan Ekonomi Keluarga di Kecamatan Bilah Hilir Kab. Labuhanbatu, Prov. Sumatera Utara Basir; Irwan
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.v6i1.2027

Abstract

The people of Bilah Hilir District have a tradition called Asokan. Asokan is assistance in the form of basic materials or money to ease the burden on the householder. Even though this tradition has been implemented by the people of Bilah Hilir District for a long time, there are still a number of people who object to this Asokan Tradition because they are required to return the Asokan at least equivalent to the amount given. Thus this Asokan is not really a gift but rather a debt that must be paid in time. The aim of this research is to determine the impact of Asokan on the economic resilience of families in the Bilah Hilir District Community. The problem of this research can be formulated as follows: how does Asokan occur in Bilah Hilir District, what is the influence of Asokan on family economic security, and what is the law on Asokan in Bilah Hilir District according to Islamic Sharia. Primary data was obtained from interviews and distributing questionnaires. Secondary data obtained from literature studies related to research problems. The Askan tradition has an influence on the economic resilience of families in the Bilah Hilir sub-district community which has a relatively low economic level.
Peraturan Daerah Nomor 16 Tahun 2014 tentang Penataan dan Pemberdayaan Pedagang Kaki Lima pada Penegakan Hukum dan Sanksi serta Kendala di Kabupaten Grobogan Fajar Satrio Wibowo; Dyah Listiyarini; Wenny Megawati
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.v6i1.2032

Abstract

This study discusses the Implementation of Local Regulation Number 16 of 2014 regarding the Regulation and Empowerment of Street Vendors in Grobogan Regency. It is triggered by the rapid economic development in the region, which has resulted in a significant increase in the participation of street vendors in economic development efforts through street vending activities, which are increasingly popular among the people of Grobogan Regency. The study examines how the law enforcement is carried out on Local Regulation Number 16 of 2014 concerning the regulation and empowerment of street vendors in Grobogan Regency. Additionally, the research also highlights the sanctions imposed when street vendors violate these local regulations, and identifies the challenges faced by the Municipal Police officers in carrying out their duties to regulate street vendors. The research applies a normative juridical approach in its methodology with a descriptive analysis specification. Despite some challenges faced by the officers in the field, the law enforcement of Local Regulation Number 16 of 2014 regarding the Regulation and Empowerment of Street Vendors in Grobogan Regency continues to proceed in an orderly manner and can be overcome by field officers.
Penyalahgunaan Scanlation Menurut Fatwa MUI No. 1/MUNAS VII/MUI/5/2005 Tentang Perlindungan Hak Kekayaan Intelektual Yumna Luqyana Tanjung; Noor Azizah
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.v6i1.2038

Abstract

Digitalization has had a significant impact on the comics industry in Indonesia, reaching new readers, expanding its role and potential in the creative economy. However, copyright piracy is a problem that is closely related to the development of information and communication technology. Scanlation is defined as the act of scanning and translation which refers to the distribution of comics by multiplying illegal digital comics for copying and distribution. This research is related to copyright law piracy which offers protection and law enforcement in dealing with scanlation fraud in Indonesia. The research method is an empirical juridical method regarding the enactment of Law No. 28 of 2014 regarding copyright and MUI fatwa NO. 1/MUNAS VII/MUI/5/2005. In the MUI fatwa NO. 1/MUNAS VII/MUI/5/2005 does not clearly regulate procedures for complaints of violations of Intellectual Property Rights (IPR) and the need for a concept of statutory regulations that regulate the form of protection of comic works in the digital space in order to create legal certainty for comic artists and their roles. active participation from law enforcement agencies, the public and the private sector to tackle acts of scanlation piracy
Penegakan Hukum Tindak Pidana Penipuan Berbasis Online dengan Modus Giveaway di Platform Media Sosial: Studi kasus Polres Tanjungbalai Linawati Linawati; Andryan Andryan
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.v6i1.2092

Abstract

The advancement of information technology that is increasingly developing in Indonesian society allows them to access the information they want more easily. The progress of information technology can also influence people to do things that are not good, which can lead to the emergence of new online-based criminal acts. Giveaway can be interpreted as an activity carried out by someone by giving prizes that can be money or goods with various specific conditions that must be met. The application of the article according to the Criminal Code (KUHP) contained in article 378. And regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) which is contained in article 45 A. The type of research used is qualitative research, which is a research method aimed at explaining and analyzing phenomena, studies, social activities, attitudes, beliefs, perceptions, and thoughts of individuals and groups.

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