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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 131 Documents
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Search results for , issue "Vol. 5 No. 2 (2023)" : 131 Documents clear
Upaya Pencegahan Pelanggaran HAM oleh Korporasi dalam Perspektif HAM dan Bisnis Samanha, Rizki Atsari; Hayati, Tri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2860

Abstract

Violations of human rights by corporations occur due to technological advances that compel and the weakness of the system of laws and regulations as well as punishment for violators, resulting in acts of human rights violations both directly and indirectly. In order to analyze efforts to prevent human rights violations by corporations, human rights and business perspectives are needed and use normative research methods and present effective and appropriate prevention efforts. Thus, human rights violations committed by corporations are divided into 3 (three), namely forced migration of local residents, discrimination or closed access to justice and environmental damage. Therefore, the involvement of the state, corporations and society is needed in the implementation of corporate business entities to prevent and as an effort to mitigate human rights violations in the business sector.
Kajian Yuridis Peraturan Perundang-Undangan yang Baik dan Berkeadilan Bagi Masyarakat Agustina, Agustina; Purnomo, Sagita
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2867

Abstract

This study aims to analyze the characteristics of laws and regulations that are good and just for society, to discuss in depth legal remedies against laws that do not fulfill justice for society. This type of research is normative in nature with a descriptive-analytical approach, exploring existing legal symptoms and problems and testing them based on statutory regulations and legal norms. The results of this study indicate that the characteristics of laws that are good and just for the community are regulations that are harmonious, do not overlap with other laws and regulations and their substance accommodates the interests of the community. A good law must have the character of predictability, stability and fairness. Legal remedies against laws whose contents do not satisfy a sense of justice for the people can be carried out through a judicial review to the Constitutional Court, in addition there is also a legislative review, namely periodic reviews by the DPR as legislators as an effort to realize good management of law production.
Kedudukan Alat Bukti Elektronik dalam Pembuktian Tindak Pidana Hasnawati, Hasnawati; Safrin, Mohammad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2878

Abstract

The legal implications caused by social change, especially technological developments (electronic devices) lie in the need for evidence by presenting electronic evidence in court. In Indonesian criminal law, the use of electronic evidence has actually been regulated. This study aims to determine and analyze the status of electronic evidence, especially in criminal trials after the enactment of the ITE Law and to find out the role of electronic evidence in Indonesian criminal law. Then it is reviewed and analyzed the characteristics and analysis of the electronic evidence so that it can be used as a reference for the judge's opinion in court. This search is a library search or literature search. The material is taken from various literature related to research. This journal writing method uses normative legal methods using statutory approaches and conceptual approaches. The results of the study show that the Criminal Procedure Code is still general in nature and does not recognize evidence in electronic form that can be used as a source of interest as evidence in court cases, electronic evidence itself is a form of expansion/development of evidence guidance so that in the Criminal Procedure Code the status is electronic evidence evidence.. Based on a survey on the status of electronic evidence in Indonesian criminal law, the status of electronic evidence according to ITE (Electronic Information and Transaction Law) is considered valid as long as the authenticity of the evidence can be proven and recognized by professionals. and submitted in accordance with applicable regulations.
KONSEP KAFA’AH PERNIKAHAN DIKALANGAN KOMUNITAS SAID/SYARIFAH (Studi Komunitas Said/Syarifah di Kota Medan, Sumatera Utara) Sirait, Dzakiyyatul Ilmi; Rokan, Mustapa Khamal
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2881

Abstract

This study aims to examine the application of the concept of kafa'ah in marriage among the dzurriyat prophets in Medan city, known as said and sharifah. Although Islamic law does not regulate kafa'ah to enter into marriage, if it is studied from an Islamic point of view it is very good to apply, with the aim of forming a sakinah, mawaddah and rahmah family. Kafa'ah is applied among said and sharifah of Medan city in order to guard and care for the lineage of the descendants of the Prophet Muhammad SAW. This research is an empirical juridical research, namely through a social approach with a point case approach through a case approach that occurs in reality. The results of this study concluded that the concept of kafa'ah in marriage among said and sharifah communities in Medan city is different from marriages in general, where the bride and groom must be from said and sharifah circles. If a said or sharifah marries someone who is not from their circle, they will get social sanctions.
Perlindungan Hukum Atas Kerugian Nasabah yang Disebabkan Bobolnya Mobile Banking Menurut Undang-Undang Nomor 10 Tahun 1998 Tentang Perbankan Rahmawati, Defi; Tien F, Mas Anienda
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2908

Abstract

Legal protection is an effort to protect the government with a number of existing regulations. The mobile banking breach phenomenon is an incident of cyber attack on a mobile banking application that results in illegal access to a user's account and causes significant losses, such as financial losses and one's personal data. This research aims to examine legal protection for customer losses caused by the breakdown of Mobile Banking according to Law Number 10 of 1998 concerning Banking. This type of research is normative juridical with data collection methods using literature/documents. Methods of data analysis using descriptive analytical method. The data used is secondary data. This research shows that legal protection for customer losses caused by the breakdown of Mobile Banking can be pursued by legal means to obtain customer rights by means of customer complaints, settlement through LAPSPI, adjudication, arbitration, civil lawsuits.
Kedudukan Penyidik Kepolisian Terhadap Kewenangannya Menangani Perkara Tindak Pidana Korupsi Penyalahgunaan Wewenang Menurut Perspektif Sistem Peradilan Pidana Ulhaq, A Mahbub
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2910

Abstract

This paper focuses on the role and challenges of Polri investigators in the Indonesian criminal justice system, particularly in handling cases of corruption and abuse of power. The purpose of this research is to examine the position of Polri investigators in their authority to handle the case and to identify the obstacles they face. The normative juridical research method used in this research uses primary and secondary data. The results of the study show that the position of Polri investigators is based on the concept of values or basic ideas for the establishment of the Criminal Procedure Code which requires conducting professional investigations and meeting the demands of the general court. This position is regulated in Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 8 of 1981 concerning Criminal Procedural Law. Obstacles faced by Polri investigators in their authority to handle cases of corruption and abuse of authority include: confusion and contradictions in the interpretation of the Corruption Eradication Law, wrong understanding of the law by law enforcement officials, and limited infrastructure and information technology. This research provides important insights into the role and challenges of Polri investigators in the criminal justice system in cases of corruption and abuse of power.
Faktor Yang Mempengaruhi Penegakan Hukum Tindak Pidana Korupsi Pada Tingkat Banding Di Pengadilan Tinggi Palembang Isisu, Septika Intan; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2919

Abstract

This paper describes the high court as one of the pillars of law enforcement, including law enforcement against corruption, which rarely gets attention in scientific works or research. The research method used is juridical and empirical research methods. This can be seen from the lack of discussion in scientific works and research related to appeal cases in court at the High Court. The formulation of the problem to be studied is what are the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court. Based on the results of the research and discussion of the subject matter, it can be concluded that the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court include: legal factors, such as the authority of the panel of judges at PT in deciding cases only 3 or 4 times the trial only, referring to SEMA No. 2 of 2014 that the decision of the panel of judges may not last more than 3 months; Law enforcement factors, such as the workload of Judges at the Palembang High Court are quite heavy, even during a pandemic they have to resolve an average of 300 cases in one year; Facility factors, such as office facilities, courtrooms, means of communication and others; Community factors, such as opinions that develop in society which are usually expressed through the mass media; Cultural factors, such as being attached to the rule of law and the rule of ethics, sometimes make the profession of a judge a lonely profession, being on top of an ivory tower, and even having a house on the wind.
Analisis HES Terhadap Implementasi Pajak Kurang Bayar Yang Terdapat Dalam Pasal 13 Ayat (2) Undang-Undang Nomor 28 Tahun 2007 Tentang Ketentuan Umum Dan Tata Cara Perpajakan Pratiwi, Anisha Resti; Nurnazli, Nurnazli; Hilal, Syamsul; Faizal, Liky
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2923

Abstract

The tax collection system in Indonesia to the self-assessment system, Problems that occur, Tax payers, tend to manipulate the calculation of the taxes they pay so that the tax status is nil. The problems of this research are: 1) How is the implementation of article 13 paragraph (2) Law Number 28 of 2007 concerning General Provisions and Tax Procedures at the Tax Service Office in Bandar Lampung City? 2) What is the Analysis of Sharia Economic Law on the Implementation of Article 13 paragraph (2) of Law Number 28 of 2007 Concerning General Provisions and Tax Procedures At the Tax Service Office in Bandar Lampung City? The method used is qualitative. including the type of field research, after reporting the SPT, the checks and if the calculation results are found that are not appropriate, then the status of underpayment, the office will issue an Underpaid Tax Assessment Letter, Then the Taxpayer pays the deficiency, plus a fine of 2% for 24 months. The concluded that implemented properly and according to Islamic law the administrative sanctions given are a form of giving a deterrent effect to obey and correct mistake, as long as there is no injustice then it is permissible.
Urgensi Sektor UMKM Persaingan Usaha Sebagai Penyangga Ibu Kota Negara Nusantara Pribadi, Deny Slamet; Nur, Insan Tajali; Wardhana, Kristiawan Wisnu
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2929

Abstract

The MSME sector is indeed a big challenge in ensuring the continuity of entrepreneurship. This entrepreneurial interest is still not accompanied by commensurate capacity in running a business. The purpose of this study is to examine and analyze the Micro, Small and Medium Enterprises (MSMEs) sector in the National Capital Region (IKN) and collaboration and local authorities for business activists. The research method used in this research is empirical juridical. The primary data source uses Law Number 80 of 2008 concerning Micro, Small and Medium Enterprises. The data collection used by researchers is by using certain research methods that are adapted, namely by way of question and answer, observation and documentation to collect as much data as possible. Data analysis technique; condensing data and drawing conclusions. The results of the study concluded that this sector is able to meet the needs of clothing and food. Regulators should accommodate the progress of MSME businesses. The existence of IKN has the potential to increase people's welfare. The weaknesses are the degradation of the area and the income of the community's economic value and local authorities.
Urgensi Pengawasan Perusahaan Cangkang Sebagai Upaya Penghindaran Tindak Pidana Pencucian Uang Oleh Perusahaan Cangkang di Indonesia Yundira, Irma; Tiopan, Demson
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2930

Abstract

The purpose of this study was to determine the application of law in money laundering crimes with the mode of establishing shell companies using normative juridical research methods. The data used consists of secondary data with statute approach, case approach, comparative approach, and conceptual approach. This research finds that these shell companies have been formed legally, but the legality of their formation does not guarantee the legality of their designation. Therefore, it is necessary to supervise shell companies in order to prevent the rampant cases of laundering through shell companies in Indonesia by adopting the methods used by the United States and India in dealing with shell companies.

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