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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
Gerakan Bahagia Bersama Tetangga (GBBT): Analisis Implementasi Distribusi Dana ZIS di Desa Pacar Peluk Kecamatan Megaluh Kabupaten Jombang Hikmah, Salma Utiya; Choiri, Muttaqin
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.v5i1.2376

Abstract

Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.
Tindak Pidana Kekerasan dalam Rumah Tangga terhadap Perempuan Korban Pernikahan Dini Selama Pandemi Covid-19 Yudha, Ahmad arie; 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

Abstract

During the pandemic, the number of applications for marriage dispensation in Indonesia has increased. Marriages carried out when the man or woman as the prospective bride are underage are included in the category of violence against children. When a marriage is motivated by coercion or certain conditions, there will be high vulnerability in marriage, especially for women, this vulnerability includes the quality of health, vulnerability as a victim of domestic violence, education, and mental health. It is not only married women who are vulnerable, but the children of the marriage are also vulnerable. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The results of this study are the factors behind the existence of violence against women victims of early marriage during the Covid-19 period, including the pandemic situation itself, job exposure, unequal programs related to a comprehensive understanding of sexual and reproductive health rights, as well as the presence of misuse of information. Proper legal protection for them is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that during recovery victims will receive services in the form of health workers, social workers, companion volunteers and spiritual guides
Analisis Kebijakan Pemberian Penghargaan dan Pengenaan Sanksi Atas Pelaksanaan Anggaran Pendapatan dan Belanja Daerah Lestari, Shinta Tri; Hutagaol, Henry Darmawan
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.v5i1.2699

Abstract

The administration of regional government is part of the administration of the NKRI government which mutually forms authority and financial relations between them. The enactment of Law Number 1 of 2022 perfects the pattern of central and regional financial relations and increases control from the central government over the implementation of the APBD through reward and punishment. The problem is how the policy of awarding and punishment is based on Law Number 1 of 2022 and efforts to improve it. Through normative juridical research methods and by making comparisons with China, it can be concluded that the policy of awarding and sanctioning is a form of responsibility of the central government as the giver of authority along with the allocation of funds as well as supervisors to ensure improvement and/or achievement of local government performance in terms of regional financial management , government public services and basic services. Efforts to improve it are carried out by improving financial governance in accordance with the concept of performance-based budgeting, paying attention to the placement of staff, the budgeting process through community participation, timely determination of technical guidelines and implementation instructions for budget disbursement, as well as correction of the APBD through central supervision which directly supervises regional development. Looking at the policies in China, there is an expansion in the form of awards that are given not only as incentives in the form of additional money but also by giving more authority to the regions.
Criminological Review of the Influence of Kameko Drink on Juvenile Perpetrators of Assault Crimes Saharuddin, Saharuddin; Rahim, Abdul Jabar; Kamaruddin, Kamaruddin
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.v5i1.2713

Abstract

The aim of this research is to determine the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector and to determine the efforts of the Kulisusu sector police in preventing the circulation of Kameko drink among children. The approach method used in this study are using several approaches as whole unities, which are statute approach, case approach, and conceptual approach The research was conducted in the Kulisusu sector police area. The data sources consist of primary data supported by secondary data. Data collection techniques used were interviews and observations. The analysis technique used is qualitative descriptive method. The results of this research show that the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector can be grouped into determining factors and supporting factors. consuming alcohol makes children unable to focus on school, disrupt their studies, experience memory or memory problems, and increase the risk of suicide. Efforts made to combat the circulation of Kameko drink in the legal jurisdiction of Kulisusu sector include preventive and repressive measures.
PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Halawa, Filemon; Situmeang, Ampuan; Amboro, FL Yudhi Priyo
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.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).
IMAM SYAFI'I'S PERSPECTIVE ON DEBT SETTLEMENT WITH PARKING LAND MANAGEMENT RIGHTS ASSURANCE (Case Study of Medan Perjuangan, Medan City) Rambe, Rachmat Husein; 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.v5i1.2727

Abstract

The Medan Perjuangan community has a practice of disputed debts, but they are unable to pay off these debts, so they provide guarantees in the form of parking space rights as collateral for their debts. The purpose of this research is to respond to the author's main problem formulation, which is the settlement of debt disputes with guaranteed rights to manage parking areas from the perspective of Imam Syafi'i. In this study, a qualitative method was used to analyze Imam Syafi'i's perspective and how Islamic law views debt settlement transactions with guaranteed rights to manage parking lots in Medan's battlefield. According to the findings of this study, in Medan Perjuangan, Medan City, debtors with good intentions to settle their credits can settle their disputes over problematic receivables amicably, and the method used to settle these debts is seen as better than other alternative settlements by providing guarantees in the form of parking space rights in battlefield because the debtor does not have the ability to pay off.
Prinsip Akuntabilitas dan Partisipasi dalam Pengelolaan Dana Desa di Desa Buncu Kecamatan Sape Kabupaten Bima Imaduddin, Imaduddin; Salomo, Roy Valiant
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.v5i1.2790

Abstract

This study aims to analyze the principles of good governance in managing the 2022 Village Fund in Buncu Village, Sape District, Bima Regency. Researchers use Buncu Village because it has the status of an underdeveloped village category with a developing village index of 0.5776. In addition, this village is unable to achieve the realization of Village Funds in 2022. This research focuses more on two important principles based on the factual problems found, namely the principle of accountability and the principle of community participation. The research method used in this research uses descriptive qualitative research. Data collection techniques are carried out by conducting documentation studies and. The results of this study indicate that accountability in managing Village Funds in Buncu Village is not in accordance with Permendagri No. 20 of 2018 concerning reporting and accountability mechanisms, but in general it has been carried out properly. In terms of the principle of planning participation, the Buncu Village Government has also implemented the principle of participation because every RKPDes preparation always involves the community. In addition, in terms of implementing participation, the people of Buncu Village are voluntarily involved in village development.
Tinjauan Kitab Undang-Undang Hukum Pidana (KUHP) Baru 2023 Malau, Parningotan
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.v5i1.2815

Abstract

The purpose of this research is to examine the new Criminal Code (KUHP) introduced in 2023. The research methodology used is a juridical-empirical approach, employing a descriptive research design to provide an overview of the newly enacted KUHP by the President on January 2nd, 2023. The problem-solving approach in this study is descriptive, aiming to describe and analyze the new KUHP. To address the research problem, secondary data analysis was conducted through an extensive review of literature, including relevant legal materials and legislation. The research then proceeded to analyze the collected data using qualitative methods, drawing insights from the existing literature and legal provisions. The findings of this research indicate that the endorsement of the new KUHP by the President and the People's Consultative Assembly (DPR RI) marks a significant milestone in the development of the criminal justice system in Indonesia. With these changes, it is expected that law enforcement will become more effective, justice will be better upheld, and human rights will be protected more comprehensively. Looking towards the future, the amendments to the KUHP should continue to address emerging challenges to remain relevant and provide significant benefits to Indonesian society. In conclusion, the enactment of the new KUHP is a crucial step in strengthening the criminal justice system in Indonesia. However, effective implementation, monitoring, and periodic review remain challenges that need to be addressed. Through the commitment and collaboration of all stakeholders, it is hoped that the new KUHP will serve as an effective instrument in promoting justice, protecting human rights, and enhancing law enforcement in Indonesia.
Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung Ridwan, Muhammad Basitur; Hapsari, Ifahda Pratama
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.v5i1.2436

Abstract

The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.
General Election (Election) As an Implementation of The Constitution in A Country with A Democracy System Hudhaibi, Hasan Aulia
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.v5i1.2682

Abstract

This research discusses the implementation of democracy in Indonesia through its governmental and constitutional systems. The main focus of this study is on the role of the constitution, particularly the 1945 Constitution of the Republic of Indonesia, in conducting General Elections (Pemilu) as one of its constitutional mandates. This research adopts a descriptive-analytical approach to analyze how democracy is applied in the governance practices of Indonesia. Through an examination of the constitution's content and its historical development, this study identifies that the founders of the Unitary State of the Republic of Indonesia agreed to draft a written constitution, namely the 1945 Constitution. This constitution aims to guide the administration of the state in accordance with the people's aspirations, to establish good governance, and to support the enforcement of democracy and human rights. The research also explores the role of elections within the constitution as a vital mechanism for political participation. Elections are regarded as instruments to provide legal certainty in their implementation, ensuring fairness for all parties involved. In this context, the research concludes that Indonesia, as a democratic country, is an ideological and factual statement that cannot be denied. This research provides a deeper understanding of how the implementation of the constitution and elections plays a significant role in safeguarding and advancing democracy in Indonesia. The findings of this study are expected to contribute to the ongoing debates and further developments regarding political governance and democracy in Indonesia.

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