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Contact Name
Nafi'ah
Contact Email
Nafiah490@gmail.com
Phone
+6285735682845
Journal Mail Official
jurnalalmanhaj.insuri@gmail.com
Editorial Address
Jl. Batoro Katong, No. 32, Ponorogo, Jawa Timur, Indonesia
Location
Kab. ponorogo,
Jawa timur
INDONESIA
Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
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
Search results for , issue "Vol. 5 No. 1 (2023)" : 100 Documents clear
Analysis of The Impact of Fiscal Decentralization on Economic Growth in Indonesia Suprianik, Suprianik
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.v5i1.2109

Abstract

This study aims to examine the effect of fiscal decentralization on economic growth in Indonesia. The research sample is journals that discuss the effect of fiscal decentralization on Indonesia's economic growth. The data were then analyzed using the Compare method. The results indicated that, first, fiscal decentralization had a positive and significant effect on economic growth. Second, fiscal decentralization has a negative and significant effect on economic growth. Third, there are many aspects that influence the results of fiscal decentralization in every region in Indonesia.
Perlindungan Keselamatan Kerja Anak Buah Kapal dalam Pelaksanaan Perjanjian Kerja Laut Perspektif Fatwa Majma’ Al-Fikih Islamiyy Ad-Dauli Juwita, Gina; Tarigan, Tetty Marlina
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.v5i1.2113

Abstract

Research on occupational safety and health protection for ship crew in the implementation of sea work agreements in Langkat district from the perspective of fatwa majma' al-fikih islamiyy ad-dauli, this study aims to find out how the implementation of occupational safety and health protection for ship crew if an accident occurs. accident at work. the research method used is empirical juridical, this research uses a type of field research (field research). The results of this study are due to the lack of legal awareness by the ship owner and crew in facilitating work equipment on board, there is also no written sea work agreement, the Sea Work Agreement that is owned as legal protection for the rights and obligations between the two sides party. A work agreement that is verbally not recorded in writing in the event of a dispute cannot provide legal protection.
Tanjung Priok Police Community Policing in the Security of Mbah Priok Ramona Gusti, Wan Deni; Setyabudi, Chairul Muriman; Sutrisno, Sutrisno
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.v5i1.2117

Abstract

Haul Mbah Priok's activities have the potential to cause disturbances in Kamtibmas, especially during the Covid-19 pandemic. Police are expected to play an active role in preventing various forms of social problems, including problems that may arise at Haul Mbah Priok. This study aims to determine the relationship between the National Police and the Community in Securing Haul Mbah Priok during the Covid-19 pandemic by the Tanjung Priok Port Police. This research was conducted with a qualitative approach. Sources of data in this study include the Head of Tanjung Priok Port Police, Head of Binmas, Head of Criminal Investigation Unit, Head of Intelligence and Security, Tomas and Toga, and the community. The methodology uses a qualitative approach. The results showed that the haul Mbah Priok vulnerability potential was very high. The results of this study are to equate perceptions of the technical plan for securing the Mbah Priok haul. Police-community relations in securing Haul Mbah Priok are no longer based on the legality of the Tanjung Priok Port Police's actions, but community recognition of the security measures carried out by the police which require "reasonable" security to be carried out in the interest of the community so they are not exposed to Covid-19. The strong relationship of mutual trust between the Tanjung Priok Port Police and the community is an important factor in police-community relations in securing Haul Mbah Priok in the era of the Covid-19 pandemic
Akibat Hukum Perjanjian Al-Khalaf Al-Khash dalam Praktik Jual Beli Sepeda Motor dengan Sistem Indent Winih, Titik Sri; Hanifuddin, Iza
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.v5i1.2126

Abstract

Along with the number of dealers standing in Ponorogo district. In this context, MPM Ponorogo dealers provide various facilities and conveniences to the community, so that this convenience makes the lower middle class interested in owning a motorcycle with purchases on credit or cash. In this case, the purchase of a motorcycle with an indent system is in great demand by the public because of the easy indent requirements by paying a down payment of less than 1,000,000 can already carry a motorcycle. The purpose of this study is to find out how the legal consequences of agreements with the indent system. The research method used is to use qualitative methods, using descriptive analysis methods. The legal consequences in the practice of buying and selling motorcycles with an indent system are contained in article 1338 of the Civil Code paragraphs (1), (2), (3), while the seller's obligation in delivering goods to the buyer is contained in article 1417 of the Civil Code. And for the validity of data in the practice of buying and selling motorcycles with an indent system, it has also been regulated in article 1320 of the Civil Code, which is one of the conditions for the validity of the agreement.
Politik Hukum Agraria untuk Hak Atas Tanah Ulayat bagi Pemenuhan HAM dan Kepentingan Publik Murni, Hidayati; Nelson, Febby Mutiara
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.v5i1.2154

Abstract

The political direction of agrarian law with regard to customary law and customary rights (beschikkingsrecht) of indigenous peoples during the Dutch colonial period wanted to unify and codify land law that applied to all groups of people based on the principle of concordance, but failed miserably, so that the pluralism policy was still applied. The current problem is in contemporary Indonesia, so it can be predicted that the prospect of pluralist customary rights of indigenous peoples must be maintained because it is in line with the mandate of the constitution in the upcoming reform era in the face of globalization by combining with efforts to reform agrarian law and land law through research on the political direction of customary rights law for the fulfillment of human rights or the public interest, The research method used by the author to conduct research is Juridical Nomaritf, the results of research in this study need to be followed up by mapping customary rights according to the rules of Geodesy, so that it is clear the extent of customary rights areas in the archipelago and ultimately can contribute to supporting the existence and legal certainty of customary rights in particular and land law for the public interest which will provide fulfillment of human rights.
Eksekusi Objek Hak Tanggungan yang Dijaminkan Kepada Pihak Ketiga Tanpa Persetujuan Kreditur Marwa, Radisty Wensy; Susetyo, Heru
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.v5i1.2156

Abstract

This study intends to examine the execution of the objects of mortgages that is guaranteed under-hand to a third party without creditor’s approval. The research method used in this research is normative juridicial. There are three types of execution that are regulated in Undang-Undang Hak Tanggungan. The results of the study concluded that in terms of mortgage objects that are guaranteed under-hand to a third party, Bank Nagari gives a warning letter, legal notice, and file a lawsuit in court. That mortgages objects do not have the legal power and considered to never existed as the legal consqeunces.
Akad Pernikahan Melalui Zoom dalam Perspektif Fikih Hamdani, Muhammad; Masykur, Muhammad Riduwan; Hamidah, Tutik
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.v5i1.2181

Abstract

The modern era is greatly facilitated by using technology. This is a shortcut to take advantage of technology, one of which is reducing distance and time facilitating communication between people without meeting each other. So that it becomes a new innovation in terms of marriage through Zion technology which makes it easier for the bride and groom who don't have to be in the same place. lighten the burden on the bride and groom in traveling expenses. But this raises questions as well as the views of various scholars and groups, because there was no law in ancient times. The purpose of this study is to find out the law of marriage contracts through zoom in the view of the scholars. The method used in this study uses the Library Research method and literature that is aligned with the theme. The results of this study are that, according to the Hanafi school of thought, online marriage is permissible because it is confirmed by the Prophet's Hadith that the Prophet SAW once performed a marriage using a piece of paper and in a different place between the bride and groom, supported by the MUI fatwa. However, according to the view of the Syafii school of thought, this is not permissible because the bride and groom must be in the same place.
Kewenangan Mengadili Dalam Penyelesaian Perkara Kepailitan dan Penundaan Kewajiban Pembayaran Utang Perbankan Syariah Kartika, Sahnaz; Harahap, Muhammad Yadi
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.v5i1.2195

Abstract

The Religious Courts are the only legal institution authorized to resolve sharia economic disputes, based on Law Number 3 of 2006 concerning Religious Courts. This is also supported by Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. However, there are still many sharia business/shariah banking cases in commercial courts where legal submissions are tug-of-war in a dichotomy between the absolute competence of the Religious Courts and submission to the authority of the commercial court within the district court environment. So that there is regulatory disharmony and legal uncertainty regarding jurisdictional decisions in bankruptcy cases of Islamic economic institutions. This research method uses normative research by examining legal materials related to bankruptcy and PKPU. The results of the study indicate that it is necessary to unify and harmonize regulations that specifically regulate the settlement of sharia bankruptcy cases so that there are no jurisdictional conflicts between the Religious Courts and the Commercial Courts. Legal consequences if the bankruptcy case of Islamic banking is still filed at the Commercial Court, there will be coercion of the substance of sharia economic law to become conventional economic law, so that the settlement of the dispute is not in sync with the contract and the concept of settlement of cases which prioritizes business concepts and business continuity rather than fairness and certainty. substantive.
Peran Lembaga Alternatif Penyelesaian Sengketa (LAPS) dalam Penyelesaian Sengketa Margin Trading Novita, Dwi; Mujib, Abdul
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.v5i1.2206

Abstract

The background of this research is that the capital market is also able to provide real benefits for investors, where in the capital market, parties who have excess funds can meet with parties who need funds with certain agreements so that mutually beneficial reciprocity occurs, one of the parts is margin trading. Basically, no one wants disputes with other people. However, in a business relationship or an agreement, each party must anticipate the possibility of a dispute arising at any time in the future, especially in the world of capital markets, so what is the margin trading system like? and what is the role of the Alternative Dispute Resolution Institution (LAPS) in resolving margin trading disputes? on the capital market dispute itself. The type of research used in this study is library research, which is a study whose data sources are obtained from written sources, including books, laws, journals, encyclopedias, the internet, and other written works related to object under study. The approach used in this research is normative juridical, namely studying and testing secondary data in the form of positive law. This research yields, first, margin trading is capital for investors to gain greater profits through stocks that are rising in value when they themselves do not have enough funds to buy. In addition, they will also be charged interest on the loan. In the event of default or default, the consequence is that share ownership is automatically liquidated to cover losses. One of them is forced selling. Second, in the realm of civil law, there are several ways of resolving disputes which in general are through litigation (using formal court channels) and through alternative dispute resolution.
Dampak Pelaksanaanpredatory Pricing oleh Pedagang Seafood Mentah Perspektif Teori Sadd Dzari’ah Muhamad Abu Zahrah (Studi Kasus Pasar Pagi Kecamatan Medan Helvetia Kota Medan) Fikri Hidayatullah, Muhammada Bimo; 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.v5i1.2273

Abstract

The perpetrators of predatory pricing by raw seafood traders at Pasar Pagi, Medan Helvetia District, are activities where traders sell products at prices below the cost of producing an item. With the first objective of predatory pricing is to get rid of opposing traders or competitors from the same market. However, after the trader succeeds in driving other business actors out of the market, then the trader raises the price again and maximizes the profits he gets. The purpose of this study was to determine the impact of predatory pricing on the morning market in Medan from the perspective of Muhammad Abu Zahrah. This study uses a qualitative approach to parse and explain the problem. This research is a field research (field research) with the type of normative-empirical research, in which the author conducts research based on applicable regulations with practices that are mostly carried out in society, where these practices are not in accordance with the applicable provisions as they should. The results of this study indicate that raw seafood traders as predatory pricing actors damage the price mechanism at the morning market in the Medan Helvetia sub-district which has been formed based on the sales environment in the market. The act of predatory pricing which is understood as being understood can provide an excuse for other traders which according to Muhammad Abu Zahra can cause something that causes damage or something that is prohibited. In this case, predatory pricing actors clearly provide an entry point for fraud against other seafood traders and this is not justified in Islamic law.

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