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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 131 Documents
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Search results for , issue "Vol 5 No 2 (2023)" : 131 Documents clear
Keabsahan Keputusan Perusahaan dalam Hal Direksi yang Mengambil Keputusan Masa Jabatannya Sudah Selesai Berdasarkan Akta Perubahan Anggaran Dasar Terakhir Ariatna, Salsabila; Widyawati, Sri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2183

Abstract

The Board of Directors has the authority to manage the company. In carrying out management, the Board of Directors has the authority based on the Deed through the General Meeting of Shareholders whose term of office is determined in the Articles of Association of PT. The problem is that the Board of Directors whose term of office has ended but still carries out their duties and functions. The research method used in this writing is the normative juridical method. From the results of this research, it is concluded that the company's decision in the event that the Board of Directors makes a decision whose term of office has expired, then the decision is invalid unless all actions and decisions of the Board of Directors since the expiration of the term of office have been recognized and considered as the responsibility of the company by the decision of the shareholders in the GMS forum. Directors who carry out management outside their term of office are invalid but can be said to be valid if there is ratification of decisions made by Directors whose term of office has ended. The legal consequence of decision-making by unauthorized directors is that the directors are not responsible for their personal assets.
Perspectives of Contemporary Muamalah Jurisprudence Law on Buying and Selling "claw" on the TikTok Application Arifah, Arifah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2485

Abstract

Technological developments make changes to the buying and selling system. One of the most popular systems is buying and selling claws on TikTokshop. The purpose of this study is to determine whether buying and selling "claws" is in accordance with Islamic economic law or not. The research method is literature research. The results of the stu dy indicate that there are three problems that exist in the sale and purchase of claws, namely the type of goods, the quality and quantity of the goods, and how to take the object of the contract. In line with the permissibility of buying and selling online using a salam contract, the sale and purchase of claws must also follow the terms and conditions of the sale and purchase of salam because it is done online. In the sale and purchase of greetings, the object of the contract must be clear about the shape, size, quantity, and quality agreed at the beginning of the contract. So, based on the research results, the sale and purchase of claws contains elements of gharar (unclear) and maisir (chance) because the object of the contract depends on the seller's head, which is not known how the quantity and quality will be obtained by the buyer.
Pembatalan Rencana Perkawinan Oleh Satu Pihak Yang Menimbulkan Kerugian Jasmine, safira Yuvika; Dharsana, I Made Pria
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2603

Abstract

The annulment of a marriage plan can be filed as the basis for a tort lawsuit if there is an action by one of the parties that cause losses, both materially and immaterially. The party that causes the loss is given the obligation to make payments to the injured party. The research method in this writing uses Normative Juridical research or legal material collection techniques with library research. The legal sources used are primary, secondary, and tertiary legal sources. The qualitative research on unlawful acts of the cancellation of the marriage plan and the provision of compensation by the bride who cancelled plan. to compensate the prospective groom in actual compensation and compensation related to mental stress. The act of annulment of the marriage fulfils the elements of Article 1365 of the Civil Code, where the act is a tort contrary to written law and can also be unwritten law which violates the subjective rights of others so that the prospective bride violates the norms of decency and propriety in society and the losses incurred in real terms by the prospective groom for the preparation of the marriage must be replaced by the prospective bride who annuls the marriage.
Perlindungan Hukum Pemerintah Kabupaten Karawang Dalam Mengatasi Pelanggaran Atas Lingkungan Hidup Berdasarkan Peraturan Daerah Kabupaten Karawang Nomor 14 Tahun 2012 Nur Izza, Yulia Erindra; Nurdin, Maharani
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2726

Abstract

Karawang Regency, which is currently the largest industrial city in Indonesia, has the possibility of a large risk of environmental pollution or damage. This can happen because of business activities that are not in accordance with the company's operational standards and also the Laws and Regulations. For this reason, this writing discusses the role of the Karawang Regency Government in overcoming and preventing violations of environmental protection due to company activities. And the form of social responsibility of PT Pindo Deli Pulp and Paper Mills II based on Regional Regulation of Karawang Regency No. 14 of 2012. This article uses a normative juridical research method with a statue approach and a case approach, in which the data collection technique uses a literature study derived from primary legal materials and secondary legal materials. The results of this study are that the Karawang Regency Government has the authority to supervise the implementation of environmental protection and management, which is based on Karawang Regency Regional Regulation Number 14 of 2012 concerning Environmental Protection and Management. In carrying out the supervision of environmental protection and management, the Government of Karawang Regency formed an Environmental Protection Agency (EPA) and also a Regional Environmental Monitoring Officer which was formed to facilitate the bureaucratic system in overseeing the implementation of environmental protection and management. And companies that violate the protection and management of the environment are absolutely responsible for the losses they cause.
Karya Cipta Lagu dan Musik dalam Bingkai Asas Perlindungan Hukum Ongriwalu, Adolf Djatmiko; Yunanto, Yunanto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2781

Abstract

The purpose of this research is to find out the form of legal protection for a work of copyrighted songs and music which is plagiarism and what sanctions are given to perpetrators of plagiarism for a copyrighted song. The research methodology used is juridical-normative - that is, by collecting material related to several facts by offering appropriate data interpretations. The goal is to create methodical descriptions, illustrations, and information about the problem the author is researching. The conclusion of this research is 1. Legal protection for copyright, especially plagiarism in copyright law, has specified criteria for violations and imposition of sanctions as well as the existence of severe criminal penalties for perpetrators of copyright infringement, 2. Looking at the philosophy of punishment, restorative justice strategies can be used to complete the punishment imposed on those who commit acts of plagiarism of song and musical works of art.
Perlindungan Hukum Terhadap Hak Pengembangan Diri Anak Akibat Dispensasi Perkawinan Sulastri, Sulastri; Ramadhani, Dwi Aryanti; Sakti, Muthia
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2816

Abstract

Researchers will examine the legal protection of the rights of children who enter into underage marriages. The purpose of this study is to show the impact of the ease of granting marital dispensation on children's development rights, namely how the legal protection of children's self-development rights is due to marital dispensation. The type of research used is normative legal research. The research approach used is the statutory approach and the comparative approach. The type of data in normative research is secondary data obtained through library research or documentation studies. Based on the results of the research, it turns out that there are still many parents who apply for marriage dispensation for children who are underage so they can get married. Therefore it is necessary to take action as an effort to provide legal protection to children. First, the government needs to review the Marriage Law, namely the need to add an article that regulates in detail the reasons for applying for a marriage dispensation. Second, it is necessary for the community to gain an understanding of the bad consequences that arise from underage marriages based on marriage dispensation.
Upaya Pencegahan Pelanggaran HAM oleh Korporasi dalam Perspektif HAM dan Bisnis Samanha, Rizki Atsari; Hayati, Tri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2860

Abstract

Violations of human rights by corporations occur due to technological advances that compel and the weakness of the system of laws and regulations as well as punishment for violators, resulting in acts of human rights violations both directly and indirectly. In order to analyze efforts to prevent human rights violations by corporations, human rights and business perspectives are needed and use normative research methods and present effective and appropriate prevention efforts. Thus, human rights violations committed by corporations are divided into 3 (three), namely forced migration of local residents, discrimination or closed access to justice and environmental damage. Therefore, the involvement of the state, corporations and society is needed in the implementation of corporate business entities to prevent and as an effort to mitigate human rights violations in the business sector.
Perlindungan Hukum Atas Kerugian Nasabah yang Disebabkan Bobolnya Mobile Banking Menurut Undang-Undang Nomor 10 Tahun 1998 Tentang Perbankan Rahmawati, Defi; Tien F, Mas Anienda
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2908

Abstract

Legal protection is an effort to protect the government with a number of existing regulations. The mobile banking breach phenomenon is an incident of cyber attack on a mobile banking application that results in illegal access to a user's account and causes significant losses, such as financial losses and one's personal data. This research aims to examine legal protection for customer losses caused by the breakdown of Mobile Banking according to Law Number 10 of 1998 concerning Banking. This type of research is normative juridical with data collection methods using literature/documents. Methods of data analysis using descriptive analytical method. The data used is secondary data. This research shows that legal protection for customer losses caused by the breakdown of Mobile Banking can be pursued by legal means to obtain customer rights by means of customer complaints, settlement through LAPSPI, adjudication, arbitration, civil lawsuits.
Kedudukan Penyidik Kepolisian Terhadap Kewenangannya Menangani Perkara Tindak Pidana Korupsi Penyalahgunaan Wewenang Menurut Perspektif Sistem Peradilan Pidana Ulhaq, A Mahbub
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2910

Abstract

This paper focuses on the role and challenges of Polri investigators in the Indonesian criminal justice system, particularly in handling cases of corruption and abuse of power. The purpose of this research is to examine the position of Polri investigators in their authority to handle the case and to identify the obstacles they face. The normative juridical research method used in this research uses primary and secondary data. The results of the study show that the position of Polri investigators is based on the concept of values or basic ideas for the establishment of the Criminal Procedure Code which requires conducting professional investigations and meeting the demands of the general court. This position is regulated in Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 8 of 1981 concerning Criminal Procedural Law. Obstacles faced by Polri investigators in their authority to handle cases of corruption and abuse of authority include: confusion and contradictions in the interpretation of the Corruption Eradication Law, wrong understanding of the law by law enforcement officials, and limited infrastructure and information technology. This research provides important insights into the role and challenges of Polri investigators in the criminal justice system in cases of corruption and abuse of power.
Faktor Yang Mempengaruhi Penegakan Hukum Tindak Pidana Korupsi Pada Tingkat Banding Di Pengadilan Tinggi Palembang Isisu, Septika Intan; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2919

Abstract

This paper describes the high court as one of the pillars of law enforcement, including law enforcement against corruption, which rarely gets attention in scientific works or research. The research method used is juridical and empirical research methods. This can be seen from the lack of discussion in scientific works and research related to appeal cases in court at the High Court. The formulation of the problem to be studied is what are the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court. Based on the results of the research and discussion of the subject matter, it can be concluded that the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court include: legal factors, such as the authority of the panel of judges at PT in deciding cases only 3 or 4 times the trial only, referring to SEMA No. 2 of 2014 that the decision of the panel of judges may not last more than 3 months; Law enforcement factors, such as the workload of Judges at the Palembang High Court are quite heavy, even during a pandemic they have to resolve an average of 300 cases in one year; Facility factors, such as office facilities, courtrooms, means of communication and others; Community factors, such as opinions that develop in society which are usually expressed through the mass media; Cultural factors, such as being attached to the rule of law and the rule of ethics, sometimes make the profession of a judge a lonely profession, being on top of an ivory tower, and even having a house on the wind.

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