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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
Legal Analysis Regarding the Responsibilities of Intermediaries in the Sale and Purchase of Land Joharsah, Joharsah; Muhlizar, Muhlizar
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.v5i2.3127

Abstract

Inside practice, sell-buy that involves party seller and buyer, especially on purchases right on land, requires a party third to be on duty as an intermediary with function as a giver of information, a liaison, as well as someone acting as a recipient of power. Following the Civil Code in Article 1792, which regulates gift power of attorney, and Article 1338, paragraph (3), everything must be done in good faith. However, not all intermediaries can operate, giving trust to them with ok. Practical loss in some party Study This will describe factors from the cause of the selling process, buy right on done land through the intermediary role, and not quite enough answer party third the recipient power inside the buy right on done land. Studying this also explains the consequence law. Suppose there is a default and also in the process of settlement. The interview process is used to collect data; the informant or respondent reluctantly conducts field and literature research and a qualitative forward analysis study. From research, those are the givers of power to intermediaries for a more thorough and considerate application of various principles, especially justice for all parties.
Tinjauan Yuridis Kejahatan di dalam Sistem Elektronik pada Rekening Virtual Pakpahan, Bani David Soaloon; Parameshwara, Parameshwara; Pakpahan, Kartina; Saota, Margaretha Citra Novriyanti; Tambunan, Franciscus Orlando
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.v5i2.3139

Abstract

Virtual account is an electronic application that is created to connect to a large computer network when using the internet. This is very vulnerable to the threat of online crime, virtual accounts must provide security for customers. The aim of the research is to find out what electronic system crimes are, analyze the application of data protection laws, and legal sanctions for perpetrators of account burglary crimes. The research method is normative juridical. The research results show that the electronic systems currently in force in Indonesia are Mobile Banking, SMS Banking and Internet Banking. Regarding data protection in banking, it is regulated in article 40 (1) of Law no. 10 of 1998 concerning banking, namely that banks are obliged to keep confidential information regarding depositors and their deposits. Even though the Laws and Regulations have strictly regulated the protection of customer data, the fact is that in the field there is still a lot of misuse of customer personal data by irresponsible parties. Prohibitions for perpetrators of virtual account burglary crimes are regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions Article 31 Paragraphs 1, 2, 3 and 4. The conclusion is that the application of the law regarding data protection in banking is regulated in Article 40 (1) of the Law No. 10 of 1998 concerning banking, namely that "banks are obliged to keep confidential information regarding depositors and their deposits.
Pelaksanaan Peraturan Daerah Kota Semarang Nomor 3 Tahun 2018 (Studi Tentang Penataan Dan Pemberdayaan Pedagang Kaki Lima Di Jalan Pandanaran II Kota Semarang) Sari, Adinda Novita; Wisnaeni, Fifiana
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.v5i2.3152

Abstract

Indonesia is a Republican State that has a variety of cultures, a maritime country with waters covering two-thirds of its land area, which makes it clear that Indonesia is a large country. The increasing number of poor people has resulted in an increasing number of people who prefer to work as street vendors because the work is in accordance with their expertise. The City Government has made efforts to reduce the difficulties caused by the presence of street vendors by passing Semarang City Regional Regulation Number 3 of 2018 concerning Arrangement and Empowerment of Street Vendors. The purpose of this research is to find out and examine the implementation of these regional regulations on Jalan Pandanaran 2 Semarang City, as well as the obstacles that hinder its implementation. The problems discussed in this study include how the Regional Regulation of the City of Semarang Number 3 of 2018 concerning Jalan Pandanaran II Semarang City is implemented, as well as the challenges faced. This research uses a juridical-empirical research type, the resources used consist of primary and secondary data. The research results obtained are (1) the implementation of this regional regulation can be said to have been going quite well even though it has not been implemented effectively. (2) there are still several obstacles encountered in the field such as lack of land availability, lack of human resources to support the effective implementation of regional regulations. (3) The solution that can be concluded from the results of interviews with several street vendors, the majority of them voiced a desire for the government to be more aggressive in providing socialization regarding a more orderly arrangement of street vendors, more accomodated collection of fees and clear coordination.
Implikasi Hukum Pembentukan Peraturan Pelaksana Pasca Putusan Mahkamah Konstitusi Atas Pengujian Undang-Undang No. 11 Tahun 2020 Tentang Cipta Kerja Rizki, Muhammad; Alwan, Sultan; Rumkel, Nam
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.v5i2.3162

Abstract

This study aims to examine the legal status and binding force of the Implementing Regulations enacted and analyze the legal implications of the formation of Implementing Regulations post-Constitutional Court Decision No. 91/PUU-XVIII/2020. The research method used is empirical with data collection through literature review, interviews, and supporting theories. The data analysis technique employed is descriptive qualitative. The results of the study indicate that the formation of three Implementing Regulations after Constitutional Court Decision No. 91/PUU-XVIII/2020 in the context of the Omnibus Law on Job Creation lacks legal status and binding force in the enforcement of norms. Moreover, Constitutional Court Decision No. 91/PUU-XVIII/2020, which examined the formal aspects of Law No. 11 of 2020 concerning Job Creation, has wide-ranging implications. Through its decision, the Constitutional Court, particularly in point 7, suspends actions or strategic policies with broad impacts and prohibits the issuance of implementing regulations.
Peran Notaris dalam Pembuatan Akta Pernyataan Keputusan Rapat Umum Pemegang Saham (RUPS) Perseroan Terbatas di Kota Semarang Fitri, Aulia Ineke; Mahmudah, Siti
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.v5i2.3198

Abstract

In its implementation, the General Meeting of Shareholders (GMS) is recorded in the form of meeting notes in the form of a notarial deed and/or backhand deed which is then recorded in the form of a deed. This research method uses a sociological legal approach. The purpose of this study was to determine the role of a notary in making the decision deed of the General Meeting of Shareholders (GMS) of a limited liability company in the city of Semarang. From the results of the examination, the notary is not involved in the decision- making process of the GMS. The task of a notary in making a deed of the decision of a meeting of shareholders of a company is very limited, such as in making a party deed, the notary is only limited to pouring it into a legalized deed.
Tindak Pidana Pencurian Ringan dan Upaya Hukumnya dalam Proses Tuntutan Pemidanaan Putri, Fresiella ‘Arsy Mahdavika; Hapsari, Iffahdah Pratama; Wardana, Dodi Jaya
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.v5i2.3211

Abstract

This research is motivated by observational data, where crimes of petty theft are very widespread in Indonesia, how can a person be qualified as a perpetrator of a crime of petty theft, then what are the efforts of the prosecutor in dealing with criminal acts of petty theft, so that injustice does not occur like the case of Minah's grandmother, grandma asiani, grandpa samirin and many more. researcher what are the efforts of prosecutors in dealing with the crime of petty theft in order to create justice and adjust situations or conditions so that they are relevant to life in this era. then analyzed descriptively so that conclusions can be drawn.
Quo Vadis Kebijakan Pemerintah Terhadap Legalitas Keberadaan Investasi Robot Trading (Expert Advisor) dikaji menggunakan Teori Hukum dan Pembangunan Tungmiharja, Wilson; Gultom, Elfrida Ratnawati
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.v5i2.3212

Abstract

The purpose of writing this journal is to analyze and understand government policies regarding the legality of trading robots. The development of the times has provided many advances in both the technological and economic fields, technological advances have provided openness to trade in both goods and services. Forex trading is a business activity that offers high profits accompanied by high risks, where individuals must monitor and study the movements of the money market without stopping to make transactions. The existence of trading robots makes it easy to do forex trading due to automation to save time and does not require in-depth understanding of forex trading. The existence of trading robots provides an opportunity for criminal acts to occur in the forex field, one of which is the existence of Illegal Trading Robots which results in losses for users. One of them is the fraudulent investment case of Net 89, which has a trading robot mode, which uses a permit to sell e-books in carrying out trading activities based on trading robots. This problem has resulted in an urgency that can be seen from the enactment of BAPPEBTI Regulation Number 12 of 2022 as a step to regulate the existence of trading robots.
TINJAUAN HUKUM EKONOMI SYARIAH TENTANG PENGGUNAAN ROBO ADVISOR DALAM ISLAMIC WEALTH MANAGEMENT (Studi Pustaka Robo Advisor di Indonesia Tahun 2022) Irawan, Bambang; Maimun, Maimun; Faizal, Liky; Zaki, Muhammad
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.v5i2.3214

Abstract

Robo advisor is a technology that can assist investors in managing their portfolios. In the context of Islamic finance, transactions and business relationships must ensure compliance with Sharia principles in order to preserve wealth and meet needs. The use of robo advisors in this context has not been extensively researched. This study aims to determine the use of robo advisors in Islamic wealth management. The research method used is literature review with a normative approach and descriptive-analytical analysis. The data used are from literature on the use of robo advisors and Islamic wealth management in Indonesia over the past five years. Based on the workings of robo advisors, various benefits and limitations are found in their use. The conclusion of the analysis of maṣlaḥah (public interest), functionality, and the urgency of using robo advisors shows that their use in Islamic wealth management can be considered permissible as a means for retail investors and beginners to safeguard wealth (ḥifẓ al-mâl) by applying filters for Sharia-compliant investment instruments and adhering to prohibitions on riba (usury), gharar (uncertainty), maysir (gambling), and haram (forbidden). The research recommendation is to conduct further research on the technical aspects and algorithms used by robo advisors in selecting Sharia-compliant investment instruments, and a sound framework of supervision and regulation is needed to ensure the compliance of robo advisors with Sharia principles and the protection of investors' interests.
Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan Hasti, Armin; Saleng, Abrar; Sumarji, Juajir
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.v5i2.3218

Abstract

The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations
Urgensi Pemenuhan Hak Biologis Narapidana Ditinjau Dari Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan dan Hak Asasi Manusia Bramandita, Riki
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.v5i2.3239

Abstract

This study aims to examine the urgency of fulfilling the right to search biology in the context of Law Number 22 of 2022 concerning Corrections and Human Rights. The research method used is a normative juridical research method, by conducting a literature study and analysis of related documents. Based on the research results, the fulfillment of the right to fulfill biological needs is a very important need and must be a priority in the correctional system in Indonesia. Protection of debilitating biological rights not only impacts health and daily life, but also impacts the health and safety of society as a whole. Law Number 22 of 2022 concerning Corrections and Human Rights has regulated the protection of rehabilitation rights, including biological rights. However, the implementation of the law still needs more attention and improvement. Concrete actions are needed from those responsible for ensuring that biological rights are fulfilled, such as increasing access to health services, improving environmental conditions in prisons, improving the quality of food provided, ensuring protection against acts of violence, and providing sufficient attention to mental health assistance. . In addition, there is also a need for cooperation between various related parties to increase the fulfillment of the biological rights of the request.

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