Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
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.
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<![CDATA[Upaya Pemerintah Daerah dalam Mewujudkan Prinsip Tata Kelola Perusahaan Daerah yang Baik ]]>
<![CDATA[Owa da Santo, Maria Fransiska]]>;
<![CDATA[Wohon, Ernestha Uba]]>;
<![CDATA[Lawalu, Emiliana Martuti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1919
<![CDATA[The role of government investment through regional state-owned companies is an effort to strengthen regional revenue originating from separated regional assets. The purpose of establishing a regional limited liability company is as one of the drivers of regional economic growth and development. The purpose of this paper is to explain the role of local governments in realizing the management of regional companies based on the principles of good corporate governance. The research method used is normative legal research method. The regional government in its position as the majority shareholder has the authority to manage, regulate and intervene in the management of regional state-owned companies. As the majority shareholder, the local government has authority that is not delegated to the board of directors and commissioners. Likewise with the application of the principles of good corporate governance. The role of local government is to supervise, monitor and evaluate the implementation of the principles of good corporate governance developed within the company, especially for directors, commissioners and employees.]]>
<![CDATA[Kriminalisasi Perbuatan Zina Sebagai Perwujudan Implementasi Sila Ketuhanan Yang Maha Esa dalam Rancangan Kitab Undang-undang Hukum Pidana (RKUHP) ]]>
<![CDATA[Pratama, Memo Bayu]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1956
<![CDATA[Indonesia has become an independent nation and should have a criminal law which is the product of the nation itself. This is seen as a symbol and is a pride of a country that has been free from the snares of colonialism. It is the ideal of the Indonesian people to realize their own criminal law in accordance with the nation's ideology based on the values contained in Pancasila. This article discusses the criminalization of adultery in the New criminal law where in the old criminal law the act of adultery only concerns someone who is already bound into marriage. This study uses a juridical-normative research method (legal research) through the implementation of a statutory approach as well as a conceptual approach and analyzes available data sources using descriptive and qualitative data analysis methods. The results of this study can be concluded that criminalization related to adultery is a policy in criminal law reform that is based on the basic ideas of Pancasila.]]>
<![CDATA[Konsep Mahar Pekawinan dalam Fiqh Kontemporer Analisis Mubadalah ]]>
<![CDATA[Harsya, Rabith Madah Khulaili]]>;
<![CDATA[Rohmah, Umdah Aulia]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1973
<![CDATA[The concept of a marriage dowry from various time formalities considers the sale and purchase transaction, that is, the sale and purchase between the future husband who is the buyer and the father or brother on the basis that the future wife is their material right. At first the guardian i.e. father or grandfather and close relatives who cared for the woman considered the dowry to be their right in exchange for the obligation to care for and nurture the woman. This understanding makes for a sociological reality in Muslim society that exposes women to discrimination, exploitation and violence. Ironically, almost all such destructive treatment is justified by religion. Women are not recognized as fully human like men, so they have no right to represent themselves. Women have always been regarded as objects of law in all laws and regulations, especially those relating to family law. In contemporary fiqh, dowry is defined as the obligatory gift of a man to a woman in the presence of a marriage contract, it is a good protection of Islam and its respect for women is that Islam gives her the right of ownership. The obligation of dowry in the Qur'an in sura an-Nisa verse 4 The imposition of only one subject results in the reading of the text in a patriakhis manner that is not in harmony with Islamic principles. In Islam a text is not specific to gender as the command of prayer, zakat, fasting of course although the editors of mukhatab are men but also target women. Contemporary fiqh does not apply the size of the dowry, meaning that the dowry can be expensive or cheap depending on the situation and the place that occurs. The understanding that requires a dowry on the part of the husband (man) alone is not in harmony with the principle of mubadalah. The reason is because according to mubadalah every sacred text whose mukhotob is male then it can certainly be applied to women. Likewise, with the obligation to give a dowry by men, it can also be from the side of the woman who gives the dowry]]>
<![CDATA[Tinjauan Penangkalan Warga Negara Asing Dalam Peningkatan PNBP Negara Melalui Bidang Keimigrasian ]]>
<![CDATA[Nugroho, Fauzan Afriansyah]]>;
<![CDATA[Wiraputra, Anindito Rizki]]>;
<![CDATA[Aji, Koesmoyo Ponco]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1976
<![CDATA[As a state of law, in carrying out state life, of course, it must always be based on the basis of law. The same applies to financial management, particularly to the management of state revenue sources, both through taxes and non-taxes. The high number of needs for money due to the current economic paralysis in Indonesia has encouraged several sectors to be able to contribute to the recovery of the economic paralysis. Immigration has a role in providing income for the state through the Non-Tax State Revenue (PNBP) sector, which is obtained through immigration services, both for Indonesian citizens and foreign citizens. In order to support an increase in income through the economic sector, especially through Non-Tax State Revenue (PNBP), an innovation is needed that can increase income for the Indonesian state. One of them is through prevention and deterrence for foreigners. Regulations regarding prevention and deterrence are contained in Article 91 of Law Number 6 of 2011 concerning Immigration. The high number of violations related to immigration regulations that occur today can be used by the Immigration Office in terms of increasing Non-Tax State Revenue, this is done for the sake of the stability of the country's economy for the sustainability of the welfare of the Indonesian people. As a developing country, Indonesia continues to strive in terms of increasing economic development. This is useful for improving the country's economy. In this case, a consistent government role is needed regarding increasing economic growth. Namely by issuing laws and regulations that can take advantage of violations of immigration regulations to become income for the state]]>
<![CDATA[Pertanggung Jawaban Pelaku Tindak Pidana Perjudian Online di Indonesia ]]>
<![CDATA[Rodhiyah, Isyatur]]>;
<![CDATA[Hapsari, Ifahda Pratama]]>;
<![CDATA[Iskandar, Hardian Iskandar]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1986
<![CDATA[The criminal act of gambling is a crime that is commonly committed by many people, because from gambling people can get multiple wealth from the results of gambling. In Indonesia, the practice of gambling has developed along with the development of technological advances, namely online gambling. This online gambling crime offers many advantages for owners and managers, because in practice the online gambling business scheme no longer requires complicated permits to establish a gambling business via the internet. Based on these conditions, this study wants to explain that Indonesia has legally regulated gambling in several laws and regulations, including those regulated in Article 303 and Article 303 bis of the Criminal Code. Then related to online gambling laws specifically regulated in Article 27 paragraph (2) of the Electronic Transaction Information Law and its amendments. The use of normative legal methods with a statutory approach (staapproach) is carried out carefully by examining and analyzing legal rules relating to the accountability of online gambling crimes in Indonesia. The responsibility of online gambling actors is proven by containing elements of a criminal act. The criminal responsibility of online gambling actors is not only borne by players, but also includes those who give someone the opportunity to play gambling, such as service providers and managers of online gambling platforms.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Diwilayah Hukum Kepolisian Sektor Kuantan Tengah Kabupaten Kuantan Singingi ]]>
<![CDATA[Mambela, Febri]]>;
<![CDATA[Shilvirichiyanti, Shilvirichiyanti]]>;
<![CDATA[Aprinelita, Aprinelita]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1991
<![CDATA[Law enforcement against criminal acts of domestic violence in the jurisdiction of the Central Kuantan Sector Police takes preventive measures, namely seeking peace or mediation to the parties by providing input and solutions to problematic parties and socializing law number 23 of 2004 concerning the elimination of domestic violence. domestic violence and repressive actions such as investigation, investigation, arrest, detention, search, confiscation, and submission of case files. Inhibiting Factors in Law Enforcement of Domestic Violence in the Police Legal Area of Central Kuantan Sector, namely Legislation Factors, Law Enforcement Factors, Facilities and Infrastructure Factors.]]>
<![CDATA[Urgensi Pembentukan Hakim Komisaris dalam Pembaharuan Peradilan Pidana Indonesia Berdasar Nilai Keadilan Pancasila ]]>
<![CDATA[Ghozali, Imam]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.1999
<![CDATA[The criminal justice system, which must be interpreted as a criminal law enforcement system, has been narrowed to its constitutional meaning in Indonesia. Therefore, efforts are needed to maintain the nature of the system as a system of judicial power that must be independent in order to ensure the justice and material truth so that it becomes an ideal criminal justice system. The following description tries to explain the existence of the institution of commissioner judges as part of the renewal of criminal law (formil) which can be a safety valve in realizing the form of the criminal justice system in the future.]]>
<![CDATA[Cryptocurrency Sebagai Mata Uang, Komoditas, dan Instrumen Investasi Dalam Perspektif Sad Dzariah ]]>
<![CDATA[Astutik, Erni Dwi]]>;
<![CDATA[Ghozali, Mohammad Lathoif]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.2004
<![CDATA[In recent years, technological advances have grown so rapidly, including progress in the economic field. the existence of cryptocurrencies or digital money, provides a new alternative as a transaction tool, investment instrument or as a trading commodity. On the other hand, the legitimacy of using cryptocurrencies is still a matter of debate in various circles. Researchers want to study the use of cryptocurrencies with the sadd dzariah approach. This research is a quantitative research and is a library research. The data analysis technique used is descriptive-analytical with a normative juridical approach to Islamic law. The results of the study indicate that the use of cryptocurrencies in business transactions, as an investment instrument, and illegally traded commodities, is maysir and gharar. So it should be avoided containing mafsadat rather than benefit, and has the potential to bring more harm than good/mafsadah.]]>
<![CDATA[Implementasi Fungsi Keimigrasian dalam Keamanan Negara ]]>
<![CDATA[Muharam, Alfathur]]>;
<![CDATA[Butar, Paranio Rajata Butar]]>;
<![CDATA[Wibawanto, Muhammad Rizky Yoga]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.2007
<![CDATA[The increasing threat of globalization, both traditional and non-traditional, has become a particular concern for the Indonesian government; the rapid and widespread development of the world economy has made policies related to free markets and investment huge. The research method used by the author is a qualitative method with a literature review approach. The author uses secondary data to analyze the results, namely, primary, secondary, and tertiary materials. The results of the study stated that: The Directorate General of Immigration is present as the executor of duties and functions in the field of immigration. The chess of the immigration function is the basis for carrying out the duties and functions carried out by the directorate general of immigration. This writing is intended to explain the process of immigration in the state security sector; immigration has a vital role in maintaining state sovereignty.]]>
<![CDATA[Libyan Islamic Banks Experience in Reducing Bank Liquidity from an Islamic ]]>
<![CDATA[zenbela, Hatem Abdurahman]]>;
<![CDATA[Mohd, Mohd Abdul Wahab Fatoni]]>;
<![CDATA[Lubis, Asmuliadi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.2020
<![CDATA[Background: The problem with the study is that the problem of bank liquidity in Libyan Islamic banks is exacerbated by the excess of bank liquidity coverage. (2): Purpose: The study aims to learn about Libyan banks' experience in reducing bank liquidity from an Islamic perspective: Malaysian banks are a model. The study highlights the importance of highlighting Libyan Islamic banks' experience in reducing bank liquidity from the perspective of Islamic Malaysian banks as a model. (3) Method: The study followed a qualitative approach to evaluating internal and external factors, circumstances and variables associated with Libyan Islamic banks' experience in reducing bank liquidity from an Islamic perspective. Individual open interviews were conducted with employees of Libyan Islamic Banks, estimated at 15 employees from Libyan Islamic Banks. Fifteen questions were posed to participants, centered on internal control and its elements on bank liquidity and its components from an Islamic perspective. The study found several findings, (4) Results: including that bank liquidity risk is the risk to banks and may amount to a crisis related to the bank's lack of cash that enables it to fulfil its day-to-day duties to customers. And (5) Conclusion: include an attempt to adopt a peace model and to open the door to short, medium and long-term investments in order to maintain the levels and rates of bank liquidity of Libyan Islamic banks.]]>
