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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 302 Documents
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Partisipasi Masyarakat dalam Pembentukan Undang-Undang Daerah Otonomi Baru Papua Perspektif Siyasah Dusturiyah Yahya. S, Muhammad
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.v6i2.2095

Abstract

The purpose of this research is to find out whether the public participates in the formation of the New Autonomous Region Law in Papua and whether the formation of the New Autonomous Region Law in Papua complies with the legislative process and principles of law formation in Islam. The research uses library research method with a normative juridical approach. The results show that the formation of the New Autonomous Region in Papua has not involved the participation of the Papua community in formulating and drafting the Papua NAR Law, and that the formation of the Papua NAR Law from a siyasah dusturiyah perspective does not meet the principles of consultation, freedom of expression, and jalb al-masalih wa dar al-mafasid (taking good and rejecting evil).
Presidential Campaign Authority in The General Election Law Muhammad Salman Alfansuri Jacob; Frizhal Arzhi Jiwantara; Herni Ramayanti; Sri Chatun; Esa Arung Syuhada
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.v6i1.2106

Abstract

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.
Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia Salsabila, Az-Zahra Aulya
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.v6i2.2154

Abstract

Divorce that occurs outside and without permission from the court raises many legal problems, from the validity of the divorce to the non-fulfillment of the rights and obligations of husband and wife after divorce. Malaysia is a country consisting of states and an alliance area which in its Islamic family law rules regulates divorce before the court to ensure legal certainty. This paper discusses the procedures for the divorce of Malaysian citizens that must be carried out before the Malaysian Court and the rules for registering talak for divorces that have already occurred not in front of and without the permission of the Malaysian Court. The regulations for imposing divorce outside the Malaysian Court also include penalties (punishment) for violators. This paper uses a juridical-philosophical approach to explain the procedure for divorce before the court and the rules related to the registration of divorce that have been carried out outside and without the truth of the court to create legal certainty. This research is a qualitative type of literature research. The conclusion of this paper shows that the rules related to divorce before the Malaysian Court indicate legal certainty because in the process the judge examines the validity of the lafadz talak that the husband has imposed to ensure the validity of the legal status of divorce in Sharia and the state administratively, as well as the fulfillment of the rights and obligations of husband and wife after divorce. 
Analisis Hukum terhadap Pertanggungjawaban Pidana Pelaku Penggelapan Pajak Pertambangan Sukma, Intan Selvian; Pohan, Masitah
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.v6i1.2163

Abstract

In the world of mining, the reality is often inseparable from the challenge of tax evasion. This practice can harm a country's economy, hinder development, and create inequality in wealth distribution. The purpose of this study is to determine the definition and elements of the criminal act of tax evasion in the context of mining, how criminal responsibility is imposed on the perpetrators of mining tax evasion based on applicable laws and regulations, and the impact of mining tax evasion on the country's economy and society. The method used in this research is to use normative legal research methods, especially library legal research. This research is based on the use of library materials as the main source of information. The results of this study found that tax evasion in the context of mining refers to deliberate actions to avoid or reduce tax payments that should be paid to the state, in violation of tax laws. In Law Number 28 Year 2007, the criminal offense of tax evasion, mainly described in chapter VIII article 38 to article 43, details the handling steps and sanctions for perpetrators. If someone is involved in tax evasion, the handling will refer to the provisions of the tax law, especially article 38. Tax evasion in the mining sector can have serious impacts on the country's economy and society. The impacts include a reduction in state revenue, inhibition of infrastructure development, socio-economic inequality, a potential decrease in investment, an increase in the tax burden for the compliant, a decrease in public trust, environmental impacts, and potential difficulties in law enforcement.
Perlindungan Konsumen dalam Rekayasa Rating Penilaian pada Aplikasi Shopee Perspektif Mazhab Imam Asy-Syafi’i: Studi Kasus Pengguna Aplikasi Shopee di Desa Tembung Kecamatan Percut Sei Tuan Iqbal, Muhammad; Hidayat, Rahmad
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.v6i2.2169

Abstract

High competition encourages business actors to use various methods to market their products, without paying attention to applicable rules and laws. One of the strategies used is Rating Engineering. Rating engineering is a false assessment that is often used to increase the reputation of a shop so that it is more trustworthy when people visit it when they want to shop with the aim of making buyers interested and concluding that the shop is a shop that is very popular on its site. The existence of rating engineering activities makes consumers worried about the authenticity of the goods being sold. This research discusses legal protection and the perspective of the Imam Syafi'i School regarding rating engineering activities. The aim of this research is to determine the impact of rating engineering using fake orders and consumer protection against the practice of rating engineering. The results obtained are that consumer protection has been very well regulated from a religious perspective, namely the Al-Qur'an and Hadith as well as from a legal perspective in Indonesia in Law No. 8 of 1999, so this is very strong to follow in terms of consumer protection and also obligations. business actors in carrying out their business can create a society that behaves correctly and honestly in every implementation. According to the perspective of the Imam Asy-Shafi'i School, the practice of rating engineering carried out by several online business actors on the Shopee application is haram because it violates buying and selling ethics and business ethics by committing fraudulent acts in their promotions in the marketplace.
Analisis Pandangan Hakim Terhadap Cerai Murtad Perspektif Hukum Islam di Pengadilan Agama Kraksaan Probolinggo Jawa Timur Muhammad Rizky Maulana; Fathullah Rusly; Abd. Hannan
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.v6i2.2195

Abstract

This research examines the judge’s views on apostate divorce cases from the perspective of Islamic law at the Kraksaan Religious Court, Probolinggo, East Java. The research method used was descriptive qualitative with snowball sampling technique for sampling. Primary data was obtained from documentation and direct interviews with judges at the Kraksaan Religious Court, while secondary data came from books, laws and related journals. The results of the analysis show that the judge’s views on apostate divorce are influenced by various factors, including religious, legal, social, economic and humanitarian aspects. The judge carefully considers the reasons for apostate divorce in accordance with the provisions of Islamic law and applicable positive law. The judge’s decision in an apostate divorce case must take into account the welfare of the child, socio-cultural conditions, the couple’s economic capabilities, and the principles of justice. This research underscores the importance of judges’ decision making that is fair and balanced, taking into account all relevant factors to reach a dignified solution for all parties involved in the divorce process.
Implementasi Penegakan Hukum Undang-Undang Nomor 18 Tahun 2014 terhadap Perlindungan Hukum dan Kendalanya pada Orang dengan Gangguan Jiwa di Kota Semarang Ibadiyah, Annisa Auwla Fil; Listyarini, Dyah; Saputra, Arikha
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (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.v6i3.2105

Abstract

The number of people with mental disorders in Semarang City continues to increase. The large number of people with mental disorders in Semarang needs to be addressed seriously to prevent causing discomfort in social activities. Therefore, the author compiled a journal titled "Implementation of Law Enforcement Law Number 18 of 2014 concerning Legal Protection and Constraints on People with Mental Disorders in Semarang City." This journal aims to uncover issues related to how the implementation of Law Number 18 of 2014 on law enforcement against legal protection for people with mental disorders in Semarang City and what factors cause people to experience mental disorders in Semarang City. The research method used in this study is a qualitative method with a socio-legal juridical approach. The data used in this study was obtained using data collection techniques through interviews conducted with Mrs. Lela Dwipayana, S.H. as the Social Rehabilitation Staff of the PMKS Guidance Service Sub-Coordinating Social Welfare Services. The results of this study found that Law Number 18 of 2014 on Mental Health has protected people with mental disorders by being handled by the Social Service in Semarang City.  
Analisis Pertimbangan Hakim Terkait Operasi Tangkap Tangan Tindak Pidana Narkotika: Studi Kasus Putusan Nomor: 317/Pid.Sus/2021/Pn.Plg Yansah, Nopri
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (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.v6i3.2174

Abstract

The problem in this research is what is the basis of the judge's considerations in Decision Number: 317/Pid.Sus/2021/PN.Plg, and whether Decision Number: 317/Pid.Sus/2021/PN.Plg is in accordance with the Laws of the Republic of Indonesia Number 35 of 2009 concerning Narcotics Juncto Emergency Law of the Republic of Indonesia Number 12/Drt/1951. This research is a type of normative research. Normative legal research is research that places law as a system of norms. The norm system in question is about principles, norms, rules from laws and regulations, court decisions, agreements and doctrines (teachings). Therefore, this research was carried out by analyzing the court and its general vision from various aspects of the case that occurred in Decision Number: 317/Pid.Sus/2021/PN.Plg. The results of the research showed that the basis of consideration used by the judge was the balance of the elements of the article being charged, the ability to take responsibility for the witch, the absence of justifiable and forgiving reasons and the presence of aggravating and mitigating circumstances. Decision Number: 317/Pid.Sus/2021/PN.Plg there is an error in the application of the article so that it is contrary to Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and the decision does not reflect the principles of justice, the principle of expediency and the principle of legal certainty.
Tradisi Ritual Tolak Bala Bulan Safar Masyarakat Jawa di Pematang Muawan, Rokan Hilir, Riau. Siti Nur Aisyah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): 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.v5i3.2325

Abstract

The implementation of the ritual tradition of rejecting reinforcements in the month of Safar in the Javanese community of Pematang Muawan, Riau, which is held every year is a form of traditional ceremony carried out with the meaning of avoiding the troubles that come in the month of Safar. It is stated that the month of Safar is negative pole. The purpose of this research is to find out the implementation of the ritual tradition of rejecting reinforcements the month of Safar and the factors that influence the Javanese people of Pematang Muawan in carrying out the ritual tradition of rejecting the reinforcements of the month of Safar or what is called Safaran. This type of research is empirical research (field) and the data collected is the result of interviews with informants and is supported by the appropriate literature. This research is a descriptive analysis and the approach in this study uses a sociological approach. The results of the study show that the Javanese people of Pematang Muawan believe in repelling disaster reinforcements and disturbances by supernatural beings by carrying out prayers to drive away reinforcements which are carried out in congregation with the provisions that apply in the field or mosque, followed by dhikr, prayer lidhaf'il bala , cutting cones, offerings, purification in the morning on objects used for work and ending with a safar bath before midday prayers or midday and the factors that influence the community in carrying out the ritual tradition of rejecting the reinforcements of the safah month are customary, fanatical and internal factors that arise because of anxiety or fear of the impacts arising from not carrying out the safaran tradition . It is hoped that this simple writing will be able to provide information to the reader about the tradition of the ritual of rejecting the bala month of Safar which is carried out mainly by the Javanese people of Pematang Muawan.
Kedudukan Ine Ame dalam Upacara Adat Pemakaman di Desa Bareng Kecamatan Buyasuri Kabupaten Lembata: Studi Fenomenalogi dan Hukum Islam Umi Kalsum; Jakaria M. Sali; Rahma Pramudya Nawang Sari; Nurhayati Natonis
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (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.v6i3.5001

Abstract

The traditional funeral ceremony involving ine ame is a funeral system that is still maintained and preserved. funeral system that is still maintained and continues to be preserved. In connection with this, the actions taken are real actions that are a form of respect for the deceased and his family. In Islamic law, the funeral process has been properly regulated such as informing the news of grief, bathing, shrouding, praying, burying. This research is an attempt to find out more about the traditional funeral ceremony found in the kedang community in bareng village, buyasuri sub-district, lembata district. This research uses a field research method with a qualitative descriptive approach. this research produces (1). The implementation process begins with informing the Ine Ame party, negotiating the ine ame party, luggage or kahalar, discussing customary fines such as Ote', belis, the attitude of the family, and finally reciprocity in the form of Atabelake. (2). The view of Islamic law regarding traditional funeral ceremonies This is a form of ceremony that can be said to be contrary to the provisions of Islamic law. Thus, it can be concluded that the traditional funeral ceremony in village of bareng, buyasuri sub-district, lembata district is contrary to Islamic law.

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