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Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Published by Institut Agama Islam Sunan Giri Ponorogo
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 100 Documents
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Search results for , issue "Vol 5 No 1 (2023)" : 100 Documents clear
Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen Purwanti, Cindy Mutiara; Zulham, Zulham
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2643

Abstract

This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.
Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu) Hasibuan, Eliza Hanum; Zahara, Fatimah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2644

Abstract

This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.
Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal Ndokii, Pongki Paulus; Yunanto, Yunanto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2646

Abstract

Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.
Pelanggaran Hak Kedaulatan bagi Rakyat Secara Sistematis dalam Parliamentary Threshold pada Pemilu di Indonesia Putri, Vanesa Ingka; Ayuningtyas, Vira; Mariyam, Yurike Siti; Syahida, Lubabah Shobrina
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2674

Abstract

Parliamentary threshold or parliamentary threshold is a threshold requirement for the acquisition of votes by political parties participating in the general election which aims to be able to send representatives to parliament. The existence of a parliamentary threshold is expected to provide a change to be able to accommodate all groups, but for political parties that have not been able to meet the requirements related to the parliamentary threshold, political matters for their legislative candidates will be eliminated. So this gives the impression that democracy in Indonesia has not been realized as it should be because people's sovereignty is determined by whether democracy is functioning or not. This research uses normative method. This study aims to describe how the systematic violation of people's sovereignty in the parliamentary threshold in elections in Indonesia. The results of this study are (1) People's sovereignty is the main source related to the power possessed by the state, but in this case the parliamentary threshold which is considered to be able to provide a change to be able to accommodate all groups is precisely the opposite of the concept of people's sovereignty and deprives human rights. human beings in terms of association or politics where in a democratic country the sovereignty of the people is an important element in it.
Implementasi Perlindungan Konstitusi dalam Hak Pendidikan bagi Kaum Disabilitas pada Sarana Pedidikan Perguruan Tinggi Negeri Islam Ananda, Arif Firdaus; Muchlisin, Ahmad; Albab, Mas Ulul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2680

Abstract

The Indonesian people have equal rights in education, including disabled people. The realization of constitutional guarantees for the education of people with disabilities is strengthened by an additional legal basis in Article 10 of Law No. 8 of 2016 concerning disabilities. In Indonesia, this is still rare and may exist, but only in a few campuses, so it appears that there is neglect of the provisions contained in the constitution. This study aims to analyze the implementation of constitutional protection in the right to education for people with disabilities in educational facilities at Islamic State Universities. This research is a qualitative research with the type of empirical juridical case study related to the application of the law and constitution of this country to education for persons with disabilities in higher education. This research was conducted on the UIN Sunan Ampel Surabaya campus, precisely at the Faculty of Sharia and Law. The results of this study found that the existing rules and conditions in the field have not been implemented due to many factors, which in general are still related to the bureaucracy in this country.
Baitul Maal wat-Tamwil’s Financing Model to Support Micro Small and Medium Enterprises Hamilunni'am, Moh; Fatwa, Nur
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper discusses Indonesian Baitul Maal wat-Tamwil product innovations. BMT is still seen as exclusive, especially for micro, small, and medium enterprises. BMT still lacks dissemination. Its products also resemble banks'. Thus, it affects public perception of banking's equality with BMT. BMT is more complicated and easier than banking. BMT is everywhere but rarely used. Thus, MSME financing needs innovation. BMT's financing products should be promoted through new innovations and increased dissemination. Thus, banking products will differ from non-bank financial products in the future. Qualitative, descriptive-analytic, data-source-adapted data collection is used in this study. Interviews and observations collected data. Literature studies provided secondary data. After revising, reducing, analyzing, and presenting the data, conclusions and research results were written. This study found that BMT's Mudharabah Empowerment Card (MEC) can solve MSMEs' non-bank financial institution financing problems.
Analisis Yuridis Terhadap Pembiayaan Berbasis Kekayaan Intelektual dalam Ekosistem Ekonomi Kreatif di Indonesia Shabillia, Larasta; Santoso, Budi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2871

Abstract

The creative economy is one sector that has potention to continue to be developed, along with the lack of availability of natural resources to be exploited. The government started to pay attention to the creative economy by establishing a provision in the form of Law Number 24 of 2019 concerning the Creative Economy. As regulated in PP No. 24 of 2022, the existence of an intellectual property-based lending system requires several parties to regulate intellectual property as collateral. Regarding the implementation of binding guarantees in the form of property rights debt, property rights procedures, and technical implementation in its enforcement, some need to be regulated further. In addition, financial institutions may be concerned about credit to creative economy actors because there are no clear rules at this time. This research method uses library research methods with a normative legal approach. The results of this study are the extraordinary potential of Indonesia's creative economy has not been able to develop optimally because the awareness of creative actors about the value of the creative economy has not been maximized, there is no synergy, coordination, and implementation related to intellectual property-based creative economy financing between government sectors to overcome economic creative problems.
Kepastian Hukum terhadap Objek Jual Beli Tanah yang Dimasukkan dalam Harta Boedel Pailit oleh Kurator Putri, Olivia Gunawan; Santoso, Budi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2872

Abstract

The land sale and purchase agreement is not allowed to be carried out by parties who have existing rules. The application of the balance axis in the land sale and purchase agreement has been stated in the Civil Code (KUHPerdata) in article 1320 paragraph (1). The article wants a balance in a relationship that has been formed by the parties, both the seller and the buyer. At this time there are various new problems that arise, both in terms of the agreement and in terms of the object (land) of the land sale and purchase agreement. As for one of the problems that are often encountered, a land sale and purchase agreement is found, in which case the land as the object of sale and purchase is not entirely voting rights or is not under the control of the seller. The object (land sale and purchase) has been designated as the bankruptcy estate by the curator who has the authority. This research method is a type of library research (library research) using a juridical-normative approach. In this study, based on the title and problem formulation, the researchers used descriptive qualitative research analysis. The results of this study that the sale and purchase of land on objects declared as boedel bankrupt assets has the legal consequence of canceling the sale and purchase agreement, where it does not meet Article 1474, Article 1320, and Article 1330 paragraph (1) of the Civil Code regarding the conditions for the sale and purchase agreement. Legal certainty related to this is the existence of compensation from the seller/bankrupt party to the buyer in accordance with Article 1471 and Article 1243 of the Civil Code. In Article 36 of Law 37 of 2004 concerning bankruptcy and PKPU wherein the object of sale and purchase which is the property of the bankrupt boedel the buyer can be declared a concurrent creditor for this matter from the bankrupt which must also be fulfilled the words of the sale and purchase agreement.
Identifikasi Pemberdayaan dan Sertifikasi Halal Pada UMKM oleh Lembaga Zakat di Bangkalan Madura Choiri, Muttaqin; Ma'adi, Alan Su'ud
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2289

Abstract

Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.
Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia Iswandi, Iswandi; Bukhari, Bukhari
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2369

Abstract

This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.

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