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[Perspektif Hukum Dalam Penanganan Pandemi Covid-19: Studi Komparatif di ASEAN-5 ]]>
<![CDATA[Widiantoro, Andri]]>;
<![CDATA[Astutik, Sri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2405
<![CDATA[Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.]]>
<![CDATA[Kajian Hukum Terhadap Bahaya Pengumpulan Informasi Rekayasa Sosial Melalui Fitur Add Yours Instagram ]]>
<![CDATA[Novitasari, Nanda Silvia]]>;
<![CDATA[Tantimin, Tantimin]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2420
<![CDATA[The development of information technology has changed human behavior and increased performance and productivity because it allows various activities to be carried out quickly, precisely, and accurately. As technology develops, the use of social media is also growing. The Addyourss feature on Instagram Stories is based on user-generated content and should positively impact broader engagement on Instagram; however, in Indonesia, this feature is abused by irresponsible parties, causing problems. Fraud and misuse of personal identity. This study is designed to analyze legal research on the dangers of collecting information on psychological manipulation by adding your Instagram capabilities and to analyze the extent to which the government provides legal protection for personal data against data misuse, personal data on social media platforms based on the ITE Law and what legal actions what victims can do about misuse of personal data on social media platforms. This qualitative research uses the natural environment to explain what happened and was carried out by involving existing methods. The findings of this study indicate that legal protection of personal data against misuse of personal data on social media platforms still needs to be improved and comprehensive. Establishing a clear and comprehensive law is urgently needed to identify clear steps in using personal data to provide legal certainty for protecting public personal data. According to the law, legal action for victims of misuse of personal data on social media platforms is still limited to filing lawsuits and demanding administrative penalties.]]>
<![CDATA[Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung ]]>
<![CDATA[Ridwan, Muhammad Basitur]]>;
<![CDATA[Hapsari, Ifahda Pratama]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2436
<![CDATA[The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.]]>
<![CDATA[Kajian Hukum Penerapan Ketentuan Hukuman Mati dalam Undang-Undang Tindak Pidana Korupsi ]]>
<![CDATA[Ginting, Grenaldo]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2442
<![CDATA[Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates "in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: "Indonesia is a state based on law". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.]]>
<![CDATA[Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili ]]>
<![CDATA[Siregar, Wilma Putri Handayani]]>;
<![CDATA[Permata, Cahaya]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2446
<![CDATA[Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void]]>
<![CDATA[Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan ]]>
<![CDATA[Aprilio, Zulfikar Madyasta]]>;
<![CDATA[Silviana, Anna]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2457
<![CDATA[The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.]]>
<![CDATA[Tinjauan Yuridis terhadap Bidan yang Memperdagangkan Obat Substandar dalam Perspektif Hukum Pidana dan Hukum Pidana Islam (Studi Putusan Nomor 1406/Pid.Sus/2020/PN Mdn) ]]>
<![CDATA[Hasyim, Nafa Fadhilah]]>;
<![CDATA[Panjaitan, Budi Sastra]]>;
<![CDATA[Ramadani, Ramadani]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2462
<![CDATA[Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[Administrative Transparency in Libya's Ministry of Health from An Islamic Perspective: Challenges and Determinants ]]>
<![CDATA[Henaish, Abdulhamid Mesbah]]>;
<![CDATA[Lubis, Asmuliadi]]>;
<![CDATA[Wahab, Mohd Abdul]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2480
<![CDATA[The issue with the research is that it attempts to examine the administrative openness of the Libyan Ministry of Health from an Islamic point of view. The purpose of this research is to determine, from an Islamic point of view, how transparent the administrative processes of the Libyan Ministry of Health are. The objective also is to determine the factors that contribute to administrative openness as well as the obstacles that stand in the way of administrative transparency. The technique that was used in this research was an analytical descriptive one, and it was aimed at describing and analysing the administrative transparency of the Libyan Ministry of Health from an Islamic view. The findings demonstrated that the Islamic viewpoint of administrative openness centered on honesty and the practical application of the principles of honesty and integrity for the purpose of appeasing Allah. According to the findings of the research, established norms of administrative openness should be rapidly agreed upon and implemented in all institutions under the jurisdiction of the Libyan government. ِ The implications of study indicates the Islamic perspective of administrative transparency on the ministry of health in Libya.]]>
<![CDATA[A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia ]]>
<![CDATA[Novri, Novrianti]]>;
<![CDATA[Amboro, Florianus Yudhi Priyo]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2488
<![CDATA[The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.]]>
<![CDATA[Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn) ]]>
<![CDATA[Suryaningsih, Fitri Sri]]>;
<![CDATA[Hayati, Amal]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2490
<![CDATA[This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.]]>
