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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
Analisis HES Terhadap Implementasi Pajak Kurang Bayar Yang Terdapat Dalam Pasal 13 Ayat (2) Undang-Undang Nomor 28 Tahun 2007 Tentang Ketentuan Umum Dan Tata Cara Perpajakan Pratiwi, Anisha Resti; Nurnazli, Nurnazli; Hilal, Syamsul; Faizal, Liky
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.v5i2.2923

Abstract

The tax collection system in Indonesia to the self-assessment system, Problems that occur, Tax payers, tend to manipulate the calculation of the taxes they pay so that the tax status is nil. The problems of this research are: 1) How is the implementation of article 13 paragraph (2) Law Number 28 of 2007 concerning General Provisions and Tax Procedures at the Tax Service Office in Bandar Lampung City? 2) What is the Analysis of Sharia Economic Law on the Implementation of Article 13 paragraph (2) of Law Number 28 of 2007 Concerning General Provisions and Tax Procedures At the Tax Service Office in Bandar Lampung City? The method used is qualitative. including the type of field research, after reporting the SPT, the checks and if the calculation results are found that are not appropriate, then the status of underpayment, the office will issue an Underpaid Tax Assessment Letter, Then the Taxpayer pays the deficiency, plus a fine of 2% for 24 months. The concluded that implemented properly and according to Islamic law the administrative sanctions given are a form of giving a deterrent effect to obey and correct mistake, as long as there is no injustice then it is permissible.
Analisis Manfaat Dan Pentingnya Perjanjian Perkawinan Ni’mah, Alna Fadliah Ais Fatchun; 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.v5i2.2932

Abstract

A marriage agreement is a form of agreement between husband and wife that binds both parties, both before marriage and after marriage. The Marriage Agreement is made to minimize and prevent disputes between husband and wife and to provide legal certainty between the rights and obligations of each party. From a societal point of view, the marriage covenant has a negative stigma against the marriage covenant, and many people question the importance of the marriage covenant in the family. This research uses normative juridical research methods, this research will be carried out by means of a Literature Study. The legal effect of a marriage agreement involving joint property is the separation of property. A marriage agreement that serves as a preventive measure in case of conflict in the future.
Analisis Pelaksanaan Lelang Sebagai Tindak Lanjut Eksekusi Hak Tanggungan Perspektif Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan Atas Tanah Beserta Benda-Benda Yang Berkaitan Dengan Tanah Ramadita, Ivan Yosa Ari; 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.v5i2.2975

Abstract

Law Number 4 of 1996 is the mandate of the Basic Agrarian Law, namely the unification of security institutions in Indonesia. The purpose of this study is to analyze the juridical implementation of the execution of mortgage rights based on the perspective of Law Number 4 of 1996 concerning mortgage rights on land and objects related to land (study of the execution of mortgage rights in the jurisdiction of KPKNL Banjarmasin). The method in this research uses empirical normative legal research. The results of this study: 1) Overview of Mortgage Rights in accordance with Law No. 4 of 1996 is to guarantee the debt of the taggungan holder to the debtor and the ownership of the certificate is suspended, if the dependents have been repaid then the certificate can be abolished as collateral. 2)The execution of mortgage rights in accordance with Law No. 4 of 1996 on mortgage rights carried out by KPKNL Banjarmasin is carried out with court intervention and without court intervention to provide a decision or determination of execution.
Keabsahan Akad Jual Beli Terhadap Kebutuhan Pokok Masyarakat Era 5.0 di Tiktok Shop Ningrum, Eka Rahayu Puspita; Hanifuddin, Iza
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.v5i2.3044

Abstract

Along with technological advances, it has a full impact on changes in civilizational lifestyles. Humans seem to be required to live in an instant world. Even cruelly, humans are served with various conveniences to achieve every desire they have without having to know about the meaning of social life. In this 5.0 era, Tiktok Shop is present as one of the days of technology organizationwith the sophistication of various features to make it easier for everyone to achieve their wants and needs efficiently and effectively. However, it is not uncommon to find cases that bring a ratan to every circle. Such as fraud committed to objects of interest because transactions are carried out in cyberspace. With phenomenal research methods and descriptive research on these problems, researchers conducted a study on the validity of buying and selling contracts on one of the Tiktok Shop platforms based on Islamic law. The results of this study show that in Islamic sharia, the buying and selling contract on the Tiktok Shop platform is valid because it can fulfill the pillars in the buying and selling contract. However, the level of validity does not guarantee the security of business transactions on the platform.
Peran E-Commerce Sebagai Strategi Pengembangan Bisnis Tas Anyaman Untuk Meningkatkan Daya Saing Winih, Titik Sri; Damanuri, Aji
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.v5i2.3049

Abstract

This research aims to identify capabilities and to formulate strategies for the role of e-commerce in developing the woven bag business in order to increase competitiveness. In this study, the problem is that when the market declines, sales of these woven bags do not sell immediately. The population in this study were 5 woven bag craftsmen in the Sambit Ponorogo sub-district. The method used in this research is qualitative with data collection techniques through interviews. The interviews in this research were conducted with the owners of woven bag businesses located in Sambit sub-district. The analysis technique is by using SWOT analysis. The research results show that this woven bag is a local Ponorogo product which has quite large potential if developed. Increasing aspects of production, personnel, marketing, capital, business management and organization are very important aspects in the management of woven bag business development. Meanwhile, from the social and cultural as well as technological aspects, it is an aspect that can be an opportunity for the development of the woven bag business. Regarding marketing, to be competitive with similar businesses, it is necessary to pay attention to several production factors, labor, marketing, capital, and management of the woven bag craft business. Meanwhile, political, regulatory, social and cultural aspects can create opportunities to develop the woven bag business using technology.
Perbandingan Bank Tanah dengan Manajemen Aset Negara Terkait Pertanahan Situngkir, Roma Tua; Adhim, Nur
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.v5i2.3075

Abstract

In the Land Sector, the Job Creation Law has issued regulations regarding the existence of a Land Bank in Indonesia. Based on article 1 paragraph (1) Government Regulation Number 64 of 2021 states that the Land Bank is a special agency (sui generis) formed by the central government which is given certain authority to regulate land. However, prior to the existence of the Land Bank Agency, there was the State Asset Management Institute, the State Asset Management Institute was motivated by the not fully optimal utilization of state assets related to idle state assets. The purpose of writing this journal is to review and analyze how comparisons to Land Banks and State Asset Management Institutions are related to land in Indonesia based on applicable laws. Normative juridical research approach method. The research procedure is descriptive qualitative analysis and the data source used is primary data through literature and statutory studies.The conclusions in this study, 1) the similarities between the Land Bank and the State Asset Management Institute 2) the differences between the Land Bank and the State Asset Management Institute.
Perjanjian Dengan Jaminan Gadai Pada PT Pegadaian Cabang Tangerang Muktamara, Savira Alia; Badriyah, Siti Malikhatun
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.v5i2.3081

Abstract

The development of the economic and monetary sector is now deemed necessary to further enhance the role of credit institutions on the basis of legal guarantees that meet the needs of the community. The government has provided various other credit/loan facilities through PT Pegadaian. The pawn agreement is made by the customer as the debtor providing the pawn and PT Pegadaian as the holder of the pawn. Pawn objects are movable objects with a few exceptions. The procedure for requesting credit until repayment is relatively easy without conditions which will cause new problems for customers. The approach method used is empirical juridical. The results of the research PT Pegadaian carry out its duties to help the community work well. The pawnshop is responsible for the maintenance and storage of the pawned goods by being insured. After the due date but the pawned goods are not taken or not redeemed is a form of default that occurs, the collateral goods will be auctioned with the applicable procedures. PT Pegadaian Tangerang Branch sometimes faces problems but all of them can be overcome by sticking to the company's mission, vision and goals, so that there is no prolonged dispute between customers and PT Pegadaian.
Tinjauan Yuridis Pendirian Perseroan Terbatas Perorangan Oleh Usaha Mikro Kecil Berdasarkan Undang-Undang No 11 Tahun 2020 Tentang Cipta Kerja Buana, Chriselda Febriany Kartika; Prananingtyas, Paramita
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.v5i2.3084

Abstract

Small Enterprises are growing rapidly in Indonesia, and play an important role in economic development in Indonesia. The emergence of Law Number 11 of 2020 concerning Job Creation has contributed to the ease of establishing a limited liability company for Small Enterprises. It supports the development of Small Enterprises, with the Job Creation Law the establishment of a company no longer requires a notary deed but can be registered easily on the official website of the Directorate General of Administration Of General Laws. The author wants to see how the establishment of a limited liability company by Small Enterprises is based on the Job Creation Law and see the differences in the procedure for independent establishment and establishment using a notarial deed. The benefit of this research is that to contributes to legal thinking and becomes a reference that related to the topic. The research method used is normative juridical, with a conceptual and statutory approach, secondary data collection, qualitative data types, with library study data collection techniques to be analyzed using descriptive analysis techniques. The results of the author's research on establishment by Small Enterprises are carried out on the website of the Directorate General of Administration Of General Laws and can be established by one person aged at least 17 years and fulfills the requirements in the form, which later if received will get a legal entity establishment certificate. The difference between those established with a notary is that the process of establishment with a notary deed is longer and has a deed of establishment, ownership by Small Enterprises as sole ownership, the legal basis on which Small Enterprises is based refers to the Job Creation Law while with a notary deed it is more Limited Liability Company Law.
Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia Salsabila, Ditiya; Ispriyarso, Budi
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.v5i2.3085

Abstract

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.
Perlindungan Hukum terhadap Traditional Knowladge di Indonesia dalam Sistem Hak Kekayaan Intelektual Berdasarkan World Intelectual Property Organitation Sofari, Muhammad Fardi
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.v5i2.3095

Abstract

When it comes to traditional knowledge, such as art, culture, and other types of local wisdom, Indonesia has a lot of potential as an archipelagic nation with many different tribes that each have their own unique traditions, arts, and culture. Its exceptional potential is a national or state asset that has to be safeguarded so that it may continue to grow and ultimately benefit society. In reality, most of the traditional wealth formerly held by residents of the archipelago has either vanished or been moved to other nations. Protecting traditional knowledge via intellectual property rights such as copyrights, patents, plant varieties, industrial designs, and trademarks is an idea that the World Intellectual Property Organization (WIPO) has given considerable thought to. It may be challenging to secure traditional knowledge via intellectual property rights in practice because to problems with ownership, novelty, duration, fixation, invention, and novelty.

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