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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 100 Documents
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Search results for , issue "Vol. 5 No. 1 (2023)" : 100 Documents clear
Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam Daharis, Ade; Putra, Deri
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.v5i1.2492

Abstract

The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.
Tinjauan Yuridis Pelaksanaan Eksekusi Lelang pada Perjanjian Kredit Macet dengan Hak Tanggungan Jannah, Masitoh Miftahul; Badriyah, Siti Malikhatun
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.v5i1.2493

Abstract

Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive. The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.
Tinjauan Yuridis Kasus Persamaan Merek Poskota dan Poskotaco (Studi Kasus Putusan No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst) Rahma, Arina Nafida; Mahmudah, Siti
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.v5i1.2494

Abstract

Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.
Akibat Hukum Terhadap Notaris Yang Membuat Akta Diluar Wilayah Jabatan Notaris Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris Rizky, Fahim Muhammad; Aminah, Aminah
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.v5i1.2513

Abstract

This writing aims to determine the legal consequences of a notary when making a deed outside the territory of his office. In this study, the authors used normative data collection techniques carried out by conducting a library search and supported by primary raw materials in the form of applicable laws and regulations, and secondary raw materials in the form of books, articles, and magazines, Pasal 17 letter a Law of The Republic of Indonesia Number 2 of 2014 concerning the Position of Notary. Determining “Notaries are prohibited from carrying out positions outside their territory of office” is in line with the prohibition of notaries making deeds outside their working area. If a notary draws up a deed outside his territory of office, he will be subject to sanctions contained in Pasal 17 Paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary.
Tindak Pidana Kekerasan dalam Rumah Tangga terhadap Perempuan Korban Pernikahan Dini Selama Pandemi Covid-19 Yudha, Ahmad arie; Yunanto, Yunanto
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

Abstract

During the pandemic, the number of applications for marriage dispensation in Indonesia has increased. Marriages carried out when the man or woman as the prospective bride are underage are included in the category of violence against children. When a marriage is motivated by coercion or certain conditions, there will be high vulnerability in marriage, especially for women, this vulnerability includes the quality of health, vulnerability as a victim of domestic violence, education, and mental health. It is not only married women who are vulnerable, but the children of the marriage are also vulnerable. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The results of this study are the factors behind the existence of violence against women victims of early marriage during the Covid-19 period, including the pandemic situation itself, job exposure, unequal programs related to a comprehensive understanding of sexual and reproductive health rights, as well as the presence of misuse of information. Proper legal protection for them is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that during recovery victims will receive services in the form of health workers, social workers, companion volunteers and spiritual guides
Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises Widiarty, Wiwik Sri
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.v5i1.2543

Abstract

Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.
Implementasi Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Bisnis Biro Travel Panggabean, Herman Daud; Badriyah, Siti Malikhatun
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.v5i1.2544

Abstract

Transportation business activities are often used by many people, and more and more times there are conflicts between sellers and buyers regarding cooperation in travel agency transactions related to promotions that are carried out online but are not in accordance with reality. To find out the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) related to business. And to find out the factors that influence the effectiveness of UUPK. The research method, namely normative juridical. The research approach is quantitative, data analysis techniques are data reduction, data presentation, and conclusions. The results of the research, that UUPK and UU no. 11 of 2008 concerning electronic information and transactions (UUITE) so that consumers can freely give their opinions. come to the LPKSM office for consultation. If the consumer gives power of attorney to LPKSM, LPKSM then makes a power of attorney which is signed and approved by the LPKSM consumer, an action that is carried out first with family efforts. Factors that influence the effectiveness of UUPK namely; The government is less responsive to community developments in electronic transactions, there are no regulations that technically provide protection to consumers against online transactions, business actors and consumers do not understand their rights and obligations. The conclusion from this study, LPKSM as an extension of the government has been active but there are no policies that technically regulate and protect consumers in electronic transactions, the factors that influence the effectiveness of the UUPK are the government which is less responsive, ignorance of consumers and business actors regarding their rights and obligations.
Penyimpangan Pelaksanaan Undang-Undang Nomor 40 Tahun 2007 dalam Pendirian Perseroan Terbatas Putri, Astuti Yudhika; Santoso, Budi
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.v5i1.2560

Abstract

The establishment of a limited liability company has its own conditions which have been regulated in law number 40 of 2007 regarding Limited Liability Companies, however, when someone is about to set up a company limited, there are some who deviate from the law that has been determined wrong one of which is the requirement for the establishment of a PT to be carried out by (2) two or more people, however, this is not regulated in the PT Law clearly regarding the requirements to become a shareholder so that in practice it often occurs irregularities where the use of shareholders nominee. Agreement nominee as a shareholder in PT is an agreement and or a statement confirming that share ownership in the limited liability company for and on behalf of another person. The Company Law does not regulate provisions the use of nominee shareholders so that it can trigger legal problems if shareholders nominee it is not in good faith
Legal Analysis of Development in Organizational Ambidexterity in Higher Education Institutions Harjono, Dhaniswara K.; Soebagio, Atmonobudi
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.v5i1.2565

Abstract

Ambidexterity plays an important role in organizational development, which influences national development. National development is a joint effort between the people and the state which is carried out in order to improve themselves in a better direction together. The aim of this research is to analyze the law of organizational amidecsterity development in higher education institutions. This research is part of a qualitative research using a systematic review approach. Systematic review is a method that uses previous evidence-based evidence through review, evaluation, structured evaluation, classification and categorization. The results of the research analysis show that the ambidexterity of higher education institutions is a model that integrates the performance determinants of classy higher education institutions, and proposes a commitment that is influenced by: (a) brand ambidexterity, which is explorative and exploitative oriented; (b) able to adapt to the social and economic environment; and (c) being responsive to students' perceptions of the university's brand image and reputation which will increase their commitment to their studies. The implication of this research is to provide an overview to higher education institutions so they can develop the concept of ambidexterity in the process of implementing higher education.
Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah Fashihuddin, Muhammad; Sj, Fadil; Izzuddin, Ahmad
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.v5i1.2588

Abstract

The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i

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