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Contact Name
Nafi'ah
Contact Email
Nafiah490@gmail.com
Phone
+6285735682845
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jurnalalmanhaj.insuri@gmail.com
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Jl. Batoro Katong, No. 32, Ponorogo, Jawa Timur, Indonesia
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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
Wakaf According to The Quran and its Transformations in Indonesia's Contemporary Era Zuhri, Ahmad; Yumni, Aufah
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.v5i1.2739

Abstract

Objective: This article aims to reveal the meaning of waqf according to the Koran and its transformation in the contemporary era in Indonesia. Method: This research method uses Library Research whose primary focus is on library books and other literature. Based on the research objectives, it includes basic research, i.e. research to broaden and deepen theoretical knowledge. Result: This digital transformation is described as the total and overall effect of digitalization on society. Khan said that digitization has enabled the digitization process, which drives stronger opportunities to transform and change existing business capital, socio-economic structures, legal and policy measures, organizational patterns, cultural barriers, etc.
Legal Protection for Shopee Paylater Users Experiencing Bad Credit under Law Number 8 of 1999 concerning Consumer Protection. Kurniasih, Dedeh
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.v5i1.2753

Abstract

The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions.
Prinsip Akuntabilitas dan Partisipasi dalam Pengelolaan Dana Desa di Desa Buncu Kecamatan Sape Kabupaten Bima Imaduddin, Imaduddin; Salomo, Roy Valiant
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.v5i1.2790

Abstract

This study aims to analyze the principles of good governance in managing the 2022 Village Fund in Buncu Village, Sape District, Bima Regency. Researchers use Buncu Village because it has the status of an underdeveloped village category with a developing village index of 0.5776. In addition, this village is unable to achieve the realization of Village Funds in 2022. This research focuses more on two important principles based on the factual problems found, namely the principle of accountability and the principle of community participation. The research method used in this research uses descriptive qualitative research. Data collection techniques are carried out by conducting documentation studies and. The results of this study indicate that accountability in managing Village Funds in Buncu Village is not in accordance with Permendagri No. 20 of 2018 concerning reporting and accountability mechanisms, but in general it has been carried out properly. In terms of the principle of planning participation, the Buncu Village Government has also implemented the principle of participation because every RKPDes preparation always involves the community. In addition, in terms of implementing participation, the people of Buncu Village are voluntarily involved in village development.
Tinjauan Kitab Undang-Undang Hukum Pidana (KUHP) Baru 2023 Malau, Parningotan
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.v5i1.2815

Abstract

The purpose of this research is to examine the new Criminal Code (KUHP) introduced in 2023. The research methodology used is a juridical-empirical approach, employing a descriptive research design to provide an overview of the newly enacted KUHP by the President on January 2nd, 2023. The problem-solving approach in this study is descriptive, aiming to describe and analyze the new KUHP. To address the research problem, secondary data analysis was conducted through an extensive review of literature, including relevant legal materials and legislation. The research then proceeded to analyze the collected data using qualitative methods, drawing insights from the existing literature and legal provisions. The findings of this research indicate that the endorsement of the new KUHP by the President and the People's Consultative Assembly (DPR RI) marks a significant milestone in the development of the criminal justice system in Indonesia. With these changes, it is expected that law enforcement will become more effective, justice will be better upheld, and human rights will be protected more comprehensively. Looking towards the future, the amendments to the KUHP should continue to address emerging challenges to remain relevant and provide significant benefits to Indonesian society. In conclusion, the enactment of the new KUHP is a crucial step in strengthening the criminal justice system in Indonesia. However, effective implementation, monitoring, and periodic review remain challenges that need to be addressed. Through the commitment and collaboration of all stakeholders, it is hoped that the new KUHP will serve as an effective instrument in promoting justice, protecting human rights, and enhancing law enforcement in Indonesia.
Implikasi Kebijakan Pengelolaan Pertambangan Batubara Terhadap Eksistensi Masyarakat Hukum Adat Di Samarinda Yulianingrum, Aullia Vivi; Nurfadillah, Mursidah; Riziq, Sayid Muhammad; Novitadiningrum, Adinda
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.v5i1.2826

Abstract

Implementation of Undang-Undang Cipta Kerja and Undang-undang Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is considered by the Government as a form of policy for managing mining business activities which in fact has a significant impact on environmental damage and the existence of indigenous peoples around the coal mining area. This study aims to describe the implications of coal mining management policies for the existence of indigenous peoples in Samarinda. The research method used is legal research with a qualitative non-doctrinal approach, with the research location in Pampang Village, Samarinda. The data collection techniques are in the form of interviews and observations by purposive sampling. The results of the study show that natural resource policies provide too much convenience for investors, thus creating implications for the existence of customary law and management of business licenses that are out of control. In conclusion, the impact of environmental damage is so great that it is necessary to deregulate and de-bureaucratize the granting of mining business permits to prevent the extinction of customary values ​​and the existence of indigenous and tribal peoples.
Kebijakan Penanggulangan HIV/Aids dalam Perspektif Health Policy Triangle Analysis di Kota Surabaya Hanifah, Lailatul; Kriswibowo, Arimurti
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.v5i1.2827

Abstract

Surabaya City is the highest case of HIV/AIDS cases in East Java. This is a special concern for the Surabaya City government to handle this health case so that it does not spread more widely.. This study aims to describe and explain HIV/AIDS Prevention Policy in the Perspective of the Health Policy Triangle Analysis in the City of Surabaya.The type of research used in this research is descriptive qualitative. The research was conducted at the Surabaya city health office, community health centers and NGOs concerned with HIV/AIDS in the city of Surabaya. The results showed that (1) the actors involved in this treatment, care and support effort were the Surabaya City Health Office, UPTD Community Health Centers, Hospitals, Case Managers (MK), PLWHA, and NGOs. (2) the contents of the HIV/AIDS prevention policies in the city of Surabaya that have been implemented include ARV Treatment, Opportunistic Infection Monitoring (OI), Viraload Testing, Home Care, Supplementary Feeding (PMT), and Care Givers. (3) the context of the HIV/AIDS prevention policy in the city of Surabaya is a solution to an increase in the number of HIV/AIDS as well as guidelines for the prevention of HIV/AIDS in the city of Surabaya, although there are still problems namely the community's stigma against PLHIV which causes non-compliance of PLHIV in carrying out treatment in PDP services. (4) the process of implementing HIV/AIDS prevention policies in the city of Surabaya has been running well in accordance with the provisions of the regulations. The Surabaya city government has provided 43 PDP services as a referral for ODHA in carrying out treatment and care.
Legal Effectiveness of The Pancasila Ideology Development Agency (BPIP) in Giving Recommendations About Regulations that Conflict with Pancasila Values Hanafi, Anshari Ahmad Syah; Irwansyah, Irwansyah; Aspan, Zulkifli
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.v5i1.2831

Abstract

This study aims to explain the legal effectiveness of BPIP's recommendations on statutory regulations that are contrary to Pancasila values and the main factors that are internal obstacles to BPIP institutions. This type of research uses normative-empirical research. This type of research uses secondary data (from the library) and is supported by primary data based on field research, such as observations, interviews and surveys. Using a normative/juridical approach and a philosophical/ideal values approach. The results of this study are that the implementation of the duties and functions of the BPIP in providing recommendations on regulations that conflict with Pancasila values or the institutionalization of Pancasila values in a product of current legislation is not fully effective due to various influencing factors, including the weak institutionalization of Pancasila values in political institutions. , economic, and socio-cultural, and lack of consistency in making Pancasila the source of all sources of state law in the formation of statutory regulations, BPIP with its duties and functions can provide recommendations on statutory regulations that are contrary to the values of Pancasila but need to be strengthened again the form of the recommendation so that it is final and binding, bearing in mind that the recommendation policy issued by BPIP is only in the form of written input on the contents of regulations or laws that are not in line with Pancasila values.
Optimization of the Imposition of Additional Compensation Penalties for Corruption Crimes that Harm State Finances Due to the Alternative Choice of Imprisonment as a Substitute (Study of Decision Execution in North Maluku in 2021) Setiawan, Heri; Malik, Faissal; Anshar, Anshar
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.v5i1.2840

Abstract

This research aims to analyze the optimization and effectiveness of imposing additional fines as a substitute for imprisonment in relation to the execution of judgments in North Maluku in 2021, specifically focusing on corruption offenses that harm the state finances. The study employs an empirical legal research approach, utilizing empirical data obtained from interviews and direct observations of human behavior. Three approaches are utilized in this research: legal, conceptual, and case-based approaches. The research findings indicate that the imposition of additional fines as a substitute for imprisonment in corruption cases that harm state finances is still not optimal. Out of the seven cases examined, only two cases resulted in the restitution of the state's financial losses. Furthermore, the research highlights the failure to achieve legal effectiveness due to the insufficient restitution of state financial losses resulting from the availability of the alternative option of imprisonment as a substitute for the additional fines.
Desain Lembaga Peradilan Sengketa Pemilihan Kepala Daerah di Indonesia Untuk Mewujudkan Keadilan Demokrasi dan Keadilan Konstitutional Susilo, Tri
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

The implementation of direct regional head elections has been going on for two decades. The problem so far is the dispute resolution institution, until now the regional head election dispute settlement in Indonesia is still divided into several institutions such as the General Election Supervisory Board, the State Administrative Court, the District Court, and the Supreme Court, the Constitutional Court, each court has its own procedures, causing miscoordination and overlapping of powers. This article aims to find out the design of regional head election dispute justice institutions in Indonesia to realize democratic justice and constitutional justice. This research is a normative legal research with a statutory, analytical, and case approach that aims to find out the background of the idea of establishing a special court for regional head elections in Indonesia to realize democratic and constitutional justice. The settlement of post-conflict local election disputes in Indonesia is the antithesis of the weaknesses and problems in resolving regional head election disputes, which have been going on for two decades, namely: disputes over the settlement of election processes and results by several judicial institutions. This is to provide the best as an alternative special court for the resolution of regional election disputes in the future. This research resulted in the finding that the regional head general election judiciary is something that must be considered in the Indonesian constitutional system, which institutionally will be equivalent to the Constitutional Court and the Supreme Court, nominally it is also something new, namely called the General Election Court. This institution simplifies the dispute resolution process for regional head elections and general elections to realize constitutional justice
Resolusi Konflik Kelompok Kriminal Bersenjata Papua Amanda, Muhammad Rasyiid; Pramono, 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.v5i1.2855

Abstract

Papuan Armed Criminal Group has carried out various attacks on TNI-POLRI , Papuan civilians, and migrant civilians in recent years. Every act of terrorism that occurs disturbs the Papuan people who live or work there. There are many victims of the KKB attack in Papua, ranging from military personnel, teaching staff, medical personnel, then students who are studying in their school. The type of research that the author uses in writing this thesis is normative juridical research. This type of research is research that seeks solutions to legal issues that arise to provide prescriptions regarding what should be the issues raised. And using the Conceptual Approach, Statute Approach, and Comparative Approach. The Papuan armed criminal group does not match the characteristics and definition of terrorists, in which terrorists do not aim to establish their own country and seek their sovereignty through militia and diplomacy. The Papuan Armed Criminal Group aims to get international attention, hoping that the land of Papua can become a sovereign country. The Indonesian government's steps should be Belligerent preventive not limited to tackling terrorists. Resolving disputes with Papuan armed criminal groups by not committing acts that are categorized as international crimes is through the mechanism of Military Operations Other than War, Regional Expansion, and Infrastructure Development in the land of Papua. However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration.

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