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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
Analisis Manfaat Dan Pentingnya Perjanjian Perkawinan Ni’mah, Alna Fadliah Ais Fatchun; Yunanto, Yunanto
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.v5i2.2932

Abstract

A marriage agreement is a form of agreement between husband and wife that binds both parties, both before marriage and after marriage. The Marriage Agreement is made to minimize and prevent disputes between husband and wife and to provide legal certainty between the rights and obligations of each party. From a societal point of view, the marriage covenant has a negative stigma against the marriage covenant, and many people question the importance of the marriage covenant in the family. This research uses normative juridical research methods, this research will be carried out by means of a Literature Study. The legal effect of a marriage agreement involving joint property is the separation of property. A marriage agreement that serves as a preventive measure in case of conflict in the future.
Tinjauan Yuridis Kerjasama Notaris Rekanan Bank Perspektif Kode Etik Notaris Putra, Sukarno Juliansyah
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.v5i2.2966

Abstract

One of the ways notaries as public officials carry out promotions is by collaborating with bank partners. Collaboration with bank partners is a contractual contract, the existence of cooperation with bank partners places the partner notary as a priority in making authentic deeds involving the bank and the customer, and vice versa, the bank as one of the facing parties will be a priority for the notary in making the contents of the deed. This study aims to implement the principle of independence contained in the Notary's Code of Ethics regarding the notary cooperation agreement with bank partners and identify the impacts arising from the cooperation of notary bank partners.
Analisis Pelaksanaan Lelang Sebagai Tindak Lanjut Eksekusi Hak Tanggungan Perspektif Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan Atas Tanah Beserta Benda-Benda Yang Berkaitan Dengan Tanah Ramadita, Ivan Yosa Ari; Yunanto, Yunanto
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.v5i2.2975

Abstract

Law Number 4 of 1996 is the mandate of the Basic Agrarian Law, namely the unification of security institutions in Indonesia. The purpose of this study is to analyze the juridical implementation of the execution of mortgage rights based on the perspective of Law Number 4 of 1996 concerning mortgage rights on land and objects related to land (study of the execution of mortgage rights in the jurisdiction of KPKNL Banjarmasin). The method in this research uses empirical normative legal research. The results of this study: 1) Overview of Mortgage Rights in accordance with Law No. 4 of 1996 is to guarantee the debt of the taggungan holder to the debtor and the ownership of the certificate is suspended, if the dependents have been repaid then the certificate can be abolished as collateral. 2)The execution of mortgage rights in accordance with Law No. 4 of 1996 on mortgage rights carried out by KPKNL Banjarmasin is carried out with court intervention and without court intervention to provide a decision or determination of execution.
PENEGAKAN HUKUM TERHADAP PELANGGARAN MENGGUNAKAN KENDARAAN BERMOTOR TIDAK LAIK JALAN YANG MENYEBABKAN KECELAKAAN LALU LINTAS (Studi Kasus pada Satlantas Polres Muna) Setiawan, Endi; Kamaruddin, Kamaruddin; Samandi, Hariman Satria
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.v5i2.2977

Abstract

This research investigates the law enforcement concerning traffic accidents caused by unfit motor vehicles in Muna Regency. Employing a normative juridical approach, the study analyzes laws and their connection to real events, focusing on the legal resolution of such accidents. The role of legal culture, encompassing societal behaviors, values, and beliefs, is emphasized, as effective enforcement relies on widespread legal awareness. Specifically, the study examines Article 273 of Law No. 22 of 2009 concerning Traffic and Road Transportation, which addresses criminal sanctions for road administrators. Preliminary analysis suggests potential gaps in its implementation. The research aims to identify the reasons for insufficient enforcement and proposes measures to strengthen law enforcement in Muna Regency. Recommendations may encompass increasing legal awareness, enhancing collaboration among law enforcement agencies, imposing stricter penalties for violations, and implementing more efficient monitoring systems. Ultimately, this study seeks to enhance legal enforcement strategies and promote road safety in Muna Regency by addressing challenges associated with unfit motor vehicle-related accidents. Understanding and tackling the root causes of ineffective enforcement will enable policymakers and stakeholders to develop targeted interventions, reduce accidents, and ensure proper application of the law.
Perlindungan Hukum Terhadap Wanprestasi dalam Sewa Menyewa dengan Pejabat Pemerintah yang Diganti" (Studi Kasus PN Kutai Barat No. 56/Pdt.G/2020) Seiff, Fariz; Lukman, FX Arsin
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.v5i2.3034

Abstract

In the lease agreement, it can be understood that where one party binds himself to give enjoyment of an item to another party, for a certain time with payment that the party can afford. The problem raised in this case is that the tenant is an official representing a government agency who does not pay the rent even though the deed of the lease agreement has been signed, then when the achievement has not been fulfilled, the official has been replaced. What will be discussed in this article is the responsibility for fulfilling the achievements of the Mahakam Ulu District Government. To answer these problems, normative juridical research methods are used. , this study did not use observations or interviews with respondents. When viewed from the angle of its shape, this research is a prescriptive research. Prescriptive research is research that aims to provide solutions or suggestions in overcoming a problem. First, it will discuss how the plaintiff's lawsuit does not include the Regent of Ulu Regency as the Defendant in the lease agreement, then an analysis will be carried out regarding legal protection against those who rent out defaults carried out by the Public Works and Public Housing Agency.
Keabsahan Akad Jual Beli Terhadap Kebutuhan Pokok Masyarakat Era 5.0 di Tiktok Shop Ningrum, Eka Rahayu Puspita; Hanifuddin, Iza
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.v5i2.3044

Abstract

Along with technological advances, it has a full impact on changes in civilizational lifestyles. Humans seem to be required to live in an instant world. Even cruelly, humans are served with various conveniences to achieve every desire they have without having to know about the meaning of social life. In this 5.0 era, Tiktok Shop is present as one of the days of technology organizationwith the sophistication of various features to make it easier for everyone to achieve their wants and needs efficiently and effectively. However, it is not uncommon to find cases that bring a ratan to every circle. Such as fraud committed to objects of interest because transactions are carried out in cyberspace. With phenomenal research methods and descriptive research on these problems, researchers conducted a study on the validity of buying and selling contracts on one of the Tiktok Shop platforms based on Islamic law. The results of this study show that in Islamic sharia, the buying and selling contract on the Tiktok Shop platform is valid because it can fulfill the pillars in the buying and selling contract. However, the level of validity does not guarantee the security of business transactions on the platform.
Kedudukan Penegak Hukum Penyidik Terhadap Tindak Pidana Pencucian Uang Dalam Militer di Indonesia Fitrianingrum, Avisa; Badriyah, Siti Malikhatun
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.v5i2.3045

Abstract

Crimes that are classified as extraordinary crimes are money laundering which can disrupt the economic and structural stability of the country. This offense can be committed by active members of the TNI. The investigation into him is an integral part of the criminal justice system. The aim of this research is regarding the role and position of legal investigators in dealing with TPPU involving the military in Indonesia. The method used in this research is normative by reviewing literature and legal sources, including legal principles, positive law, legal regulations, and legal principles. Research findings show that if there are members of the TNI who commit general offenses (including TPPU), then the investigative authority in money laundering cases involving the Indonesian military can come from the POLRI, TNI, Attorney General's Office, or other agencies that have investigative and prosecutorial authority. All parties must coordinate to ensure that this case is handled carefully and transparently in accordance with applicable law.
Peran E-Commerce Sebagai Strategi Pengembangan Bisnis Tas Anyaman Untuk Meningkatkan Daya Saing Winih, Titik Sri; Damanuri, Aji
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.v5i2.3049

Abstract

This research aims to identify capabilities and to formulate strategies for the role of e-commerce in developing the woven bag business in order to increase competitiveness. In this study, the problem is that when the market declines, sales of these woven bags do not sell immediately. The population in this study were 5 woven bag craftsmen in the Sambit Ponorogo sub-district. The method used in this research is qualitative with data collection techniques through interviews. The interviews in this research were conducted with the owners of woven bag businesses located in Sambit sub-district. The analysis technique is by using SWOT analysis. The research results show that this woven bag is a local Ponorogo product which has quite large potential if developed. Increasing aspects of production, personnel, marketing, capital, business management and organization are very important aspects in the management of woven bag business development. Meanwhile, from the social and cultural as well as technological aspects, it is an aspect that can be an opportunity for the development of the woven bag business. Regarding marketing, to be competitive with similar businesses, it is necessary to pay attention to several production factors, labor, marketing, capital, and management of the woven bag craft business. Meanwhile, political, regulatory, social and cultural aspects can create opportunities to develop the woven bag business using technology.
Urgensi Perlindungan Hak Asasi Anak Atas Data Pribadi di Era Digitilasasi Berdasarkan Prinsip Negara Hukum Rohmansyah, Duta Agung; Saputra, Kevin Mandela; Sholih, Badrus
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.v5i2.3054

Abstract

Information related to children in the form of identity names, addresses, photos, videos, and other information about themselves, including their thoughts in speech or pictures, sounds are children's personal data. Children's personal information is shared transparently on social media on various platforms which can be seen, retrieved, even searched for and shared by anyone without adequate legal protection. The research problem to be raised in this study is: How is the protection of privacy rights over personal data in Indonesia implemented? What is the urgency of protecting children's personal data in Indonesia? The normative legal research method is used, namely the primary legal material is collected and analyzed, namely the Child Protection Act, the Information and Electronic Commerce Law and the Personal Data Protection Act. The pattern of approach in this study is carried out using a deductive approach, that is, in general, it is specifically discussed. Based on the research findings, it is known that Article 25 of Law Number 27 of 2022 does not specifically regulate legal mechanisms and forms of protection provided by the State to children who are victims of misuse of their personal data. Because, if we can follow the example of developed countries such as the European Union, the United Kingdom and the United States, they have specific laws in protecting children's personal data so that later when a violation occurs, the existing rules can be properly applied. However, the research was not.
Perbandingan Bank Tanah dengan Manajemen Aset Negara Terkait Pertanahan Situngkir, Roma Tua; Adhim, Nur
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.v5i2.3075

Abstract

In the Land Sector, the Job Creation Law has issued regulations regarding the existence of a Land Bank in Indonesia. Based on article 1 paragraph (1) Government Regulation Number 64 of 2021 states that the Land Bank is a special agency (sui generis) formed by the central government which is given certain authority to regulate land. However, prior to the existence of the Land Bank Agency, there was the State Asset Management Institute, the State Asset Management Institute was motivated by the not fully optimal utilization of state assets related to idle state assets. The purpose of writing this journal is to review and analyze how comparisons to Land Banks and State Asset Management Institutions are related to land in Indonesia based on applicable laws. Normative juridical research approach method. The research procedure is descriptive qualitative analysis and the data source used is primary data through literature and statutory studies.The conclusions in this study, 1) the similarities between the Land Bank and the State Asset Management Institute 2) the differences between the Land Bank and the State Asset Management Institute.

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