Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
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<![CDATA[Tinjauan Hukum Pemberian Upah Pada Buruh Dibawah Upah Minimum Provinsi ]]>
<![CDATA[Aprilsesa, Tri Dian]]>;
<![CDATA[Tahir, Muhammad]]>;
<![CDATA[Aminah, Siti]]>;
<![CDATA[Marnita, Marnita]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.1997
<![CDATA[Getting a decent job and livelihood is a basic right of every citizen as a citizen that must be obtained. In its implementation, it cannot be denied that there are problems in employment, one of which concerns wages. However, in principle employers are prohibited from paying wages to workers/employees lower than the minimum wage. The purpose of analyzing the implementation of the provision of the minimum wage is expressly regulated in Article 23 paragraph (3) of Government Regulation Number 36 of 2021 concerning Wages as the Implementing Regulation of Law Number 11 of 2020 concerning Job Creation. If in the agreement, the wages paid are found to be lower or contrary to laws and regulations, the agreement may be null and void and the wage arrangements are carried out in accordance with the provisions of laws and regulations. The research method is normative juridical to analyze data by means of literature studies on secondary data which specifically discusses the norms contained regarding the Minimum Wage Provisions. Obstacles in the application of wages, both the UMP (Provincial Minimum Wage) and the UMK (Regency/City Minimum Wage), namely lower and middle-level companies that are unable to carry out the provisions of the UMP and UMK provisions themselves so that there is a gap between workers and companies. Even though the UMP is smaller than the UMK, there are small and medium-sized companies that are unable to provide good wages to workers according to the stipulations of the UMP. The welfare of workers in Indonesia has always increased from time to time because the magnitude of the increase in the minimum wage as a whole is lower than the increase in the price of the minimum necessities of life, so that workers cannot live a decent life.]]>
<![CDATA[Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan ]]>
<![CDATA[Aprilio, Zulfikar Madyasta]]>;
<![CDATA[Silviana, Anna]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2457
<![CDATA[The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.]]>
<![CDATA[Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises ]]>
<![CDATA[Widiarty, Wiwik Sri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2543
<![CDATA[Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.]]>
<![CDATA[Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup ]]>
<![CDATA[Pratama, T. Andana Harris]]>;
<![CDATA[Ali, Muhammad]]>;
<![CDATA[Fadil, Fadil]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2672
<![CDATA[This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.]]>
<![CDATA[Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam ]]>
<![CDATA[Daharis, Ade]]>;
<![CDATA[Putra, Deri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2492
<![CDATA[The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.]]>
<![CDATA[Implementasi Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Bisnis Biro Travel ]]>
<![CDATA[Panggabean, Herman Daud]]>;
<![CDATA[Badriyah, Siti Malikhatun]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2544
<![CDATA[Transportation business activities are often used by many people, and more and more times there are conflicts between sellers and buyers regarding cooperation in travel agency transactions related to promotions that are carried out online but are not in accordance with reality. To find out the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) related to business. And to find out the factors that influence the effectiveness of UUPK. The research method, namely normative juridical. The research approach is quantitative, data analysis techniques are data reduction, data presentation, and conclusions. The results of the research, that UUPK and UU no. 11 of 2008 concerning electronic information and transactions (UUITE) so that consumers can freely give their opinions. come to the LPKSM office for consultation. If the consumer gives power of attorney to LPKSM, LPKSM then makes a power of attorney which is signed and approved by the LPKSM consumer, an action that is carried out first with family efforts. Factors that influence the effectiveness of UUPK namely; The government is less responsive to community developments in electronic transactions, there are no regulations that technically provide protection to consumers against online transactions, business actors and consumers do not understand their rights and obligations. The conclusion from this study, LPKSM as an extension of the government has been active but there are no policies that technically regulate and protect consumers in electronic transactions, the factors that influence the effectiveness of the UUPK are the government which is less responsive, ignorance of consumers and business actors regarding their rights and obligations.]]>
<![CDATA[Penyimpangan Pelaksanaan Undang-Undang Nomor 40 Tahun 2007 dalam Pendirian Perseroan Terbatas ]]>
<![CDATA[Putri, Astuti Yudhika]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2560
<![CDATA[The establishment of a limited liability company has its own conditions which have been regulated in law number 40 of 2007 regarding Limited Liability Companies, however, when someone is about to set up a company limited, there are some who deviate from the law that has been determined wrong one of which is the requirement for the establishment of a PT to be carried out by (2) two or more people, however, this is not regulated in the PT Law clearly regarding the requirements to become a shareholder so that in practice it often occurs irregularities where the use of shareholders nominee. Agreement nominee as a shareholder in PT is an agreement and or a statement confirming that share ownership in the limited liability company for and on behalf of another person. The Company Law does not regulate provisions the use of nominee shareholders so that it can trigger legal problems if shareholders nominee it is not in good faith]]>
<![CDATA[Legal Analysis of Development in Organizational Ambidexterity in Higher Education Institutions ]]>
<![CDATA[Harjono, Dhaniswara K.]]>;
<![CDATA[Soebagio, Atmonobudi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2565
<![CDATA[Ambidexterity plays an important role in organizational development, which influences national development. National development is a joint effort between the people and the state which is carried out in order to improve themselves in a better direction together. The aim of this research is to analyze the law of organizational amidecsterity development in higher education institutions. This research is part of a qualitative research using a systematic review approach. Systematic review is a method that uses previous evidence-based evidence through review, evaluation, structured evaluation, classification and categorization. The results of the research analysis show that the ambidexterity of higher education institutions is a model that integrates the performance determinants of classy higher education institutions, and proposes a commitment that is influenced by: (a) brand ambidexterity, which is explorative and exploitative oriented; (b) able to adapt to the social and economic environment; and (c) being responsive to students' perceptions of the university's brand image and reputation which will increase their commitment to their studies. The implication of this research is to provide an overview to higher education institutions so they can develop the concept of ambidexterity in the process of implementing higher education.]]>
<![CDATA[Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah ]]>
<![CDATA[Fashihuddin, Muhammad]]>;
<![CDATA[Sj, Fadil]]>;
<![CDATA[Izzuddin, Ahmad]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2588
<![CDATA[The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi ]]>
<![CDATA[Fachrozy, Dicky]]>;
<![CDATA[Panjaitan, Budi Sastra]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2592
<![CDATA[The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.]]>
