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[Dampak Pembatalan Syarat Sertifikat Pelatihan Untuk Pengangkatan Jabatan Notaris Berdasarkan Hukum di Indonesia ]]>
<![CDATA[Natasya, Angel Olivia]]>;
<![CDATA[Hosein, Siti Hajati]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2105
<![CDATA[After the Supreme Court Decision, Number 50 P / HUM / 2018 concerning the Cancellation of Permenkumham Number 62 of 2016 concerning Terms and Procedures for Appointment, Transfer, Dismissal, and Extension of Notary Term of Office, which is considered contrary to Article 3 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary has an impact, namely the issuance of Permenkumham Number 19 of 2019. Permenkumham Number 19 of 2019 changed the notary appointment examination as one of the conditions for the appointment of the position of Notary to the required photocopy of the training certificate for improving the quality of the Notary position. The cancellation of the Permenkumham was then repeated with the Supreme Court Decision No. 3 P/HUM/2022 which invalidated Article 2 paragraph (3) of Permenkumham No. 19 of 2019, which was deemed detrimental by the Petitioner in this case because of the long, long-winded and costly process. This research is expected to provide explanations and solutions to the above problems carried out using normative juridical methods guided by applicable laws and regulations.]]>
<![CDATA[Hukum Hutang Piutang Sebagai Modal Nikah: Studi di Kelurahan Pota, Sambi Rampas, Nusa Tenggara Timur ]]>
<![CDATA[Hafid, Abdul]]>;
<![CDATA[Syufa’at, Syufa’at]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2142
<![CDATA[This research discusses the problem of the habitual practice of debt by some communities in Pota Village, Sambi Rampas, East Nusa Tenggara. The habit of going into debt for marriage capital has become a tradition to this day, the purpose of this tradition is to make it easier for the men who are getting married. The way to collect capital for marriage is done by holding an event where with the aim of inviting invited guests and you are required to bring money with a free nominal but the event party will record the name and nominal that is brought, the purpose of recording is because it has an obligation to return according to the nominal brought by the invited guests. The purpose of this study was to find out the habit of practicing debt as a marriage capital according to Islamic law and to find out the tendency of people to get used to debt and debt behavior in such a way that it causes addiction and becomes a tradition in the social life of the Pota Village community. This type of research is field research where the research is in the Pota Village. The method used in this study uses a qualitative descriptive analysis method. This study found findings indicating that the habit of people in debt has become a hereditary tradition and based on the results of interviews with four informants from local residents indicate that the habit of debt receivables being used as capital for marriage is other than the tradition in Pota Village but found changes in the method of repaying debts that have been recorded where there is an excess of repaying the debt depending on the times and the value of the currency. It turns out that in the concept of fiqh muamalah the way to pay off debts that exaggerate includes usury.]]>
<![CDATA[Keabsahan Keputusan Perusahaan dalam Hal Direksi yang Mengambil Keputusan Masa Jabatannya Sudah Selesai Berdasarkan Akta Perubahan Anggaran Dasar Terakhir ]]>
<![CDATA[Ariatna, Salsabila]]>;
<![CDATA[Widyawati, Sri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2183
<![CDATA[The Board of Directors has the authority to manage the company. In carrying out management, the Board of Directors has the authority based on the Deed through the General Meeting of Shareholders whose term of office is determined in the Articles of Association of PT. The problem is that the Board of Directors whose term of office has ended but still carries out their duties and functions. The research method used in this writing is the normative juridical method. From the results of this research, it is concluded that the company's decision in the event that the Board of Directors makes a decision whose term of office has expired, then the decision is invalid unless all actions and decisions of the Board of Directors since the expiration of the term of office have been recognized and considered as the responsibility of the company by the decision of the shareholders in the GMS forum. Directors who carry out management outside their term of office are invalid but can be said to be valid if there is ratification of decisions made by Directors whose term of office has ended. The legal consequence of decision-making by unauthorized directors is that the directors are not responsible for their personal assets.]]>
<![CDATA[Perlindungan Perempuan dari Pemaksaan Perkawinan Perspektif Maqashid Syari’ah (Studi Fatwa Kupi Ke-2 No. 06/MK-Kupi-2/XI/2022) ]]>
<![CDATA[Ilya, Ivada]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2476
<![CDATA[Forced marriages that still occur in Indonesia are triggered by various factors, ranging from customs to religious reasons. The religious argument used to justify forced marriage is the right of the guardian's ijbar. Male guardians have the right of ijbar to marry off their children or those under their guardianship. This became the basis for the Women's Ulama Congress Discussion Forum (KUPI) in one of its deliberations to declare that the protection of women from forced marriage is mandatory. This research is a literature study in which the fatwa of KUPI (Indonesian Women's Ulama Congress) on marriage coercion becomes the object of research. the focus of the research is the relationship between the kupi fatwa and the classical fiqh text on mujbir guardians and then analysed using Jamaluddin Athiyah's maqashid sharia theory. The results of this study show that Islam does not necessarily give the guardian the opportunity to freely marry his child. There are several rules and conditions that must be met by the guardian. These conditions must be fulfilled in exercising the right of consent and must not be violated by the guardian, including the absence of mudharat to the child to be married off. KUPI's fatwa on the protection of women from forced marriage aims to prevent mischief and misfortune that occurs to women. By using the perspective of maqashid shari'ah Jamaluddin Athiyah, the protection of women from forced marriage is in line with the concept of maqashid shari'ah Jamaluddin Athiyah.]]>
<![CDATA[Perspectives of Contemporary Muamalah Jurisprudence Law on Buying and Selling "claw" on the TikTok Application ]]>
<![CDATA[Arifah, Arifah]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2485
<![CDATA[Technological developments make changes to the buying and selling system. One of the most popular systems is buying and selling claws on TikTokshop. The purpose of this study is to determine whether buying and selling "claws" is in accordance with Islamic economic law or not. The research method is literature research. The results of the stu dy indicate that there are three problems that exist in the sale and purchase of claws, namely the type of goods, the quality and quantity of the goods, and how to take the object of the contract. In line with the permissibility of buying and selling online using a salam contract, the sale and purchase of claws must also follow the terms and conditions of the sale and purchase of salam because it is done online. In the sale and purchase of greetings, the object of the contract must be clear about the shape, size, quantity, and quality agreed at the beginning of the contract. So, based on the research results, the sale and purchase of claws contains elements of gharar (unclear) and maisir (chance) because the object of the contract depends on the seller's head, which is not known how the quantity and quality will be obtained by the buyer.]]>
<![CDATA[Pertanggungjawaban Pihak Maskapai Terhadap Kehilangan dan Kerusakan Bagasi Menurut Peraturan Menteri No. 77 Tahun 2011 Tentang Tanggung Jawab Pengangkut Angkutan Udara ]]>
<![CDATA[Azis, Fadilah Abd]]>;
<![CDATA[Abdain, Abdain]]>;
<![CDATA[Takdir, Takdir]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2496
<![CDATA[This research is motivated by the relatively high level of aircraft and passenger security, but it is not comparable to the security of baggage services. The purpose of this research is to describe the form of airline responsibility at Makassar Sultan Hasanuddin International Airport in resolving disputes over loss and damage to passenger baggage, the factors that hinder airline baggage protection, as well as the views of Islamic law in resolving problems regarding forms of airline protection for goods. is lost. passenger baggage. Based on the type of data in this study the authors used an empirical approach with qualitative research data types. The types of materials in this study are primary data and secondary data. Data analysis techniques use three stages of data reduction, data display, and conclusion drawing/verification. The results of the study show that the form of air transport legal responsibility for the loss of damaged passengers is recorded in air transport operated by airlines, namely the airline must provide compensation of IDR 200 thousand per kilogram. , a maximum of IDR 4 million. The inhibiting factors for this protection are the acceptance factor of officers in the field, the engine factor, the negligence factor of the officers, and even the negligence factor of air passengers. In Islamic law, responsibility is known as Mas'uliyyah or Accountability, and the concept of responsibility in Islam is Ta'widh. Ta'widh in language is compensation or compensation.]]>
<![CDATA[Efektivitas Pelaksanaan Online Single Submission (OSS) Untuk Pelayanan Perizinan di Mal Pelayanan Publik Pekanbaru Berdasarkan Peraturan Pemerintah Nomor 24 Tahun 2018 ]]>
<![CDATA[Syafriadi, Syafriadi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2547
<![CDATA[The Pekanbaru City Government implemented the Online Single Submission (OSS) application by opening a Public Service Mall (MPP) that can be accessed by the public. This aims to provide ease of service for business actors. The application of this online-based system is very effective in cutting the bureaucratic chain and eradicating corruption. Apart from that, it can also increase investment achievements during the COVID-19 pandemic. This study aims to determine the effectiveness of Online Single Submission (OSS) Implementation for Licensing Services at the Pekanbaru Public Service Mall based on Government Regulation 24 of 2018. This research method is empirical law or non-doctrinal research, namely studying and analyzing primary data juridically obtained from the respondents. The results showed that the respondents were very satisfied with the online-based licensing services at the Pekanbaru City Government MPP. It is recommended that the implementation of OSS be accompanied by regional regulations as ordered by Article 349 of Law Number 23 of 2014 concerning the Regional Government.]]>
<![CDATA[Pembatalan Rencana Perkawinan Oleh Satu Pihak Yang Menimbulkan Kerugian ]]>
<![CDATA[Jasmine, safira Yuvika]]>;
<![CDATA[Dharsana, I Made Pria]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2603
<![CDATA[The annulment of a marriage plan can be filed as the basis for a tort lawsuit if there is an action by one of the parties that cause losses, both materially and immaterially. The party that causes the loss is given the obligation to make payments to the injured party. The research method in this writing uses Normative Juridical research or legal material collection techniques with library research. The legal sources used are primary, secondary, and tertiary legal sources. The qualitative research on unlawful acts of the cancellation of the marriage plan and the provision of compensation by the bride who cancelled plan. to compensate the prospective groom in actual compensation and compensation related to mental stress. The act of annulment of the marriage fulfils the elements of Article 1365 of the Civil Code, where the act is a tort contrary to written law and can also be unwritten law which violates the subjective rights of others so that the prospective bride violates the norms of decency and propriety in society and the losses incurred in real terms by the prospective groom for the preparation of the marriage must be replaced by the prospective bride who annuls the marriage.]]>
<![CDATA[Analisis Hukum Pengelolaan Dana Desa Dalam Pemilihan Kepala Desa di Kabupaten Donggala ]]>
<![CDATA[Friskanov. S, Irzha]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2657
<![CDATA[Village funds are an important tool for the village government in carrying out village development initiatives, one of which is the election of the village head. Democracy in the context of village head elections (Pilkades) can be interpreted as an acknowledgment of the diversity of society and participatory political views in the context of village democratization. Elections for village heads are direct, general, free, confidential, honest and fair, which is interpreted as an acknowledgment of the diversity of political views. The problem is how to analyze the law in managing village funds in the village head election in Donggala Regency. This study uses normative legal research using statutory approaches, conceptual approaches, and case approaches. With the conclusion that village fund management has a significant influence on the success of the village head election committee. The village community apart from implementing it is also a determining factor in the success of oversight in the management of village funds. Apart from being able to answer the needs of the community, village funds are also able to play an important role in village development in realizing justice and prosperity for village communities.]]>
<![CDATA[Tingginya Uang Panai Bugis Sidrap: Mengangkat Derajat Perempuan Atau Membebani Laki-Laki Untuk Menikah? ]]>
<![CDATA[Almaida, Heny]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2684
<![CDATA[Uang panai is spending money for the cost of a Bugis wedding party and it is also one of the traditions in the bridal procession in Bugis society, including in Sidenreng Rappang Regency (Sidrap). However, the phenomenon of the Sidrap Bugis tribe is that the community advertises this panai money at a price that is no longer familiar to the local community or it can be said that the value of panai money is high, so that it makes many Bugis male feel overwhelmed and they feel burdened to marry the Bugis female who they love. There are many assumptions that female who receive high nominal panai money are able to raise their degrees. The purpose of this research is to find out the high panai money of the Sidrap Bugis tribe whether it raises the status of female or actually burdens male to get married. The type of this research is used phenomenological research with a qualitative approach which of course collects data such as observations, interviews and documentations and analyzes data using descriptive data. The conclusion of this research is that the high panai money in the Sidrap Bugis tribe does not raise the status of women but the high panai money actually burdens male to get married.]]>
