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[Perjanjian Dengan Jaminan Gadai Pada PT Pegadaian Cabang Tangerang ]]>
<![CDATA[Muktamara, Savira Alia]]>;
<![CDATA[Badriyah, Siti Malikhatun]]>
<![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.v5i2.3081
<![CDATA[The development of the economic and monetary sector is now deemed necessary to further enhance the role of credit institutions on the basis of legal guarantees that meet the needs of the community. The government has provided various other credit/loan facilities through PT Pegadaian. The pawn agreement is made by the customer as the debtor providing the pawn and PT Pegadaian as the holder of the pawn. Pawn objects are movable objects with a few exceptions. The procedure for requesting credit until repayment is relatively easy without conditions which will cause new problems for customers. The approach method used is empirical juridical. The results of the research PT Pegadaian carry out its duties to help the community work well. The pawnshop is responsible for the maintenance and storage of the pawned goods by being insured. After the due date but the pawned goods are not taken or not redeemed is a form of default that occurs, the collateral goods will be auctioned with the applicable procedures. PT Pegadaian Tangerang Branch sometimes faces problems but all of them can be overcome by sticking to the company's mission, vision and goals, so that there is no prolonged dispute between customers and PT Pegadaian.]]>
<![CDATA[Tinjauan Yuridis Pendirian Perseroan Terbatas Perorangan Oleh Usaha Mikro Kecil Berdasarkan Undang-Undang No 11 Tahun 2020 Tentang Cipta Kerja ]]>
<![CDATA[Buana, Chriselda Febriany Kartika]]>;
<![CDATA[Prananingtyas, Paramita]]>
<![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.v5i2.3084
<![CDATA[Small Enterprises are growing rapidly in Indonesia, and play an important role in economic development in Indonesia. The emergence of Law Number 11 of 2020 concerning Job Creation has contributed to the ease of establishing a limited liability company for Small Enterprises. It supports the development of Small Enterprises, with the Job Creation Law the establishment of a company no longer requires a notary deed but can be registered easily on the official website of the Directorate General of Administration Of General Laws. The author wants to see how the establishment of a limited liability company by Small Enterprises is based on the Job Creation Law and see the differences in the procedure for independent establishment and establishment using a notarial deed. The benefit of this research is that to contributes to legal thinking and becomes a reference that related to the topic. The research method used is normative juridical, with a conceptual and statutory approach, secondary data collection, qualitative data types, with library study data collection techniques to be analyzed using descriptive analysis techniques. The results of the author's research on establishment by Small Enterprises are carried out on the website of the Directorate General of Administration Of General Laws and can be established by one person aged at least 17 years and fulfills the requirements in the form, which later if received will get a legal entity establishment certificate. The difference between those established with a notary is that the process of establishment with a notary deed is longer and has a deed of establishment, ownership by Small Enterprises as sole ownership, the legal basis on which Small Enterprises is based refers to the Job Creation Law while with a notary deed it is more Limited Liability Company Law.]]>
<![CDATA[Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia ]]>
<![CDATA[Salsabila, Ditiya]]>;
<![CDATA[Ispriyarso, Budi]]>
<![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.v5i2.3085
<![CDATA[The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.]]>
<![CDATA[Kajian Hukum Terhadap Peraturan Desa Kradenan Kecamatan Kaliwungu Kabupaten Semarang No. 11 Tahun 2022 Tentang Pungutan Pasar Desa ]]>
<![CDATA[Warsito, Warsito]]>;
<![CDATA[Destyarini, Normalita]]>;
<![CDATA[Prastyanti, Rina Arum]]>;
<![CDATA[Elisanti, Evi]]>
<![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.v5i2.3088
<![CDATA[The purpose of this research is to determine the process of formation and legal consequences of Kradenan Village Regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning Village Market Levies. The research subjects were traders at Kradenan Village's Firm Market. The research method used is an empirical juridical approach. Data collection techniques are literature study, interviews, observation and documentation. The qualitative descriptive data analysis technique is in the form of an interactive analysis model. The results of the research show that the process of forming village regulations regarding village market levies is 1) village regulations are determined by the village head with the BPD, 2) hamlet deliberation 3) village deliberation, 4) village head conveys village regulations to the regent or mayor through the subdistrict head as a supervisory control or coaching, 5) Village government and BPD disseminate information regarding Kradenan Village regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning village market levies on the community and stakeholders. The legal consequences of village regulations regarding village market levies are warning sanctions and administrative sanctions for violations and non-compliance with these regulations. The conclusion of the research is that the impact of village regulations regarding village market levies is very significant in increasing PAD, empowering village-owned assets, prospering and improving the economy of village communities. To optimize PAD, it needs to be determined and regulated in village market levies]]>
<![CDATA[Tanggungjawab Sekretaris Desa Papringan Dalam Kasus Sengketa Tanah di Desa Papringan ]]>
<![CDATA[Suwarto, Suwarto]]>;
<![CDATA[Santoso, Aris Priyo Agus]]>;
<![CDATA[Habib, Muhamad]]>;
<![CDATA[Elisanti, Evi]]>
<![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.v5i2.3090
<![CDATA[The aim of this research is to determine the responsibilities and obstacles of the Papringan village secretary in cases of land disputes in Papringan Village. The research location is at the Papringan Village Office, Kaliwungu District, Semarang Regency. The research method used an empirical juridical legal science approach. Primary data was obtained through interviews, discussions with village secretaries, parties in land disputes, village communities to provide information regarding the resolution of land dispute cases through mediation. Secondary data was obtained from library literature. Data collection techniques used were literature studies, interviews and documentation. The qualitative descriptive data analysis technique used an interactive analysis model. The results of the research show that the responsibility carried out optimally by the village secretary can improve services, development and empowerment of the village both individually and in the village community, so that the implementation of the duties and functions of the village secretary in resolving land dispute cases is more focused in a planned, orderly manner in order to achieve the expected goals. The Village Secretary's responsibilities are carried out efficiently, effectively and are able to reduce the emergence of problems in resolving land dispute cases through mediation. The obstacles of the Papringan village secretary in the land dispute case in Papringan Village are internal and external factors. The conclusion of this research is that the responsibility of the village secretary in resolving land dispute cases in Papringan Village is good enough and optimal so that obstacles to resolving land dispute cases can be minimized.]]>
<![CDATA[Perlindungan Hukum terhadap Traditional Knowladge di Indonesia dalam Sistem Hak Kekayaan Intelektual Berdasarkan World Intelectual Property Organitation ]]>
<![CDATA[Sofari, Muhammad Fardi]]>
<![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.v5i2.3095
<![CDATA[When it comes to traditional knowledge, such as art, culture, and other types of local wisdom, Indonesia has a lot of potential as an archipelagic nation with many different tribes that each have their own unique traditions, arts, and culture. Its exceptional potential is a national or state asset that has to be safeguarded so that it may continue to grow and ultimately benefit society. In reality, most of the traditional wealth formerly held by residents of the archipelago has either vanished or been moved to other nations. Protecting traditional knowledge via intellectual property rights such as copyrights, patents, plant varieties, industrial designs, and trademarks is an idea that the World Intellectual Property Organization (WIPO) has given considerable thought to. It may be challenging to secure traditional knowledge via intellectual property rights in practice because to problems with ownership, novelty, duration, fixation, invention, and novelty.]]>
<![CDATA[Tinjauan Hukum Pidana Cheat/Hacking dalam Game Online Berdasarkan Undang-Undang Nomor 11 Tahun 2008 dan Undang-Undang Nomor 19 Tahun 2015 ]]>
<![CDATA[Pathavi, Williem]]>;
<![CDATA[Prasetyo, Mujiono Hafidh]]>
<![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.v5i2.3110
<![CDATA[Technological developments in cyberspace today show the development of new ideas and works in various fields. Gaming technology is one of the highlights. Online games are games that connect each player through a network. The increasing number of online game enthusiasts, makes competition between players increase and there is a desire to be superior by taking shortcuts, namely cheating. The more frequent occurrence of cheating/hacking in online game systems raises questions (1) whether Law number 11 of 2008 on Information and Electronic Transactions can be used as a basis for criminal prosecution of perpetrators of cheating/hacking in online game systems? (2) what are the criminal penalty for perpetrators of cheating/hacking in online game systems according to Law number 11 of 2008 concerning Information and Electronic Transactions? The purpose of this normative legal research is to find out the legal provisions governing cheat/hacking in online game systems and criminal penalty that punish the perpetrators in Law number 11 of 2008 on Information and Electronic Transactions, which requires secondary data and library data in reviewing it. The results of his research found that Law number 11 of 2008 on Information and Electronic Transactions can be used as the basis for criminal penalties for perpetrators of cheating/hacking in online game systems because the act of cheating/hacking fulfills the elements of a criminal act contained in Law number 11 of 2008 on Information and Electronic Transactions. Criminal sanctions for perpetrators of cheating/hacking in the online game system are adjusted to the provisions of the article that is violated.]]>
<![CDATA[Legal Analysis Regarding the Responsibilities of Intermediaries in the Sale and Purchase of Land ]]>
<![CDATA[Joharsah, Joharsah]]>;
<![CDATA[Muhlizar, Muhlizar]]>
<![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.v5i2.3127
<![CDATA[Inside practice, sell-buy that involves party seller and buyer, especially on purchases right on land, requires a party third to be on duty as an intermediary with function as a giver of information, a liaison, as well as someone acting as a recipient of power. Following the Civil Code in Article 1792, which regulates gift power of attorney, and Article 1338, paragraph (3), everything must be done in good faith. However, not all intermediaries can operate, giving trust to them with ok. Practical loss in some party Study This will describe factors from the cause of the selling process, buy right on done land through the intermediary role, and not quite enough answer party third the recipient power inside the buy right on done land. Studying this also explains the consequence law. Suppose there is a default and also in the process of settlement. The interview process is used to collect data; the informant or respondent reluctantly conducts field and literature research and a qualitative forward analysis study. From research, those are the givers of power to intermediaries for a more thorough and considerate application of various principles, especially justice for all parties.]]>
<![CDATA[Tinjauan Yuridis Kejahatan di dalam Sistem Elektronik pada Rekening Virtual ]]>
<![CDATA[Pakpahan, Bani David Soaloon]]>;
<![CDATA[Parameshwara, Parameshwara]]>;
<![CDATA[Pakpahan, Kartina]]>;
<![CDATA[Saota, Margaretha Citra Novriyanti]]>;
<![CDATA[Tambunan, Franciscus Orlando]]>
<![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.v5i2.3139
<![CDATA[Virtual account is an electronic application that is created to connect to a large computer network when using the internet. This is very vulnerable to the threat of online crime, virtual accounts must provide security for customers. The aim of the research is to find out what electronic system crimes are, analyze the application of data protection laws, and legal sanctions for perpetrators of account burglary crimes. The research method is normative juridical. The research results show that the electronic systems currently in force in Indonesia are Mobile Banking, SMS Banking and Internet Banking. Regarding data protection in banking, it is regulated in article 40 (1) of Law no. 10 of 1998 concerning banking, namely that banks are obliged to keep confidential information regarding depositors and their deposits. Even though the Laws and Regulations have strictly regulated the protection of customer data, the fact is that in the field there is still a lot of misuse of customer personal data by irresponsible parties. Prohibitions for perpetrators of virtual account burglary crimes are regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions Article 31 Paragraphs 1, 2, 3 and 4. The conclusion is that the application of the law regarding data protection in banking is regulated in Article 40 (1) of the Law No. 10 of 1998 concerning banking, namely that "banks are obliged to keep confidential information regarding depositors and their deposits.]]>
<![CDATA[Pelaksanaan Peraturan Daerah Kota Semarang Nomor 3 Tahun 2018 (Studi Tentang Penataan Dan Pemberdayaan Pedagang Kaki Lima Di Jalan Pandanaran II Kota Semarang) ]]>
<![CDATA[Sari, Adinda Novita]]>;
<![CDATA[Wisnaeni, Fifiana]]>
<![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.v5i2.3152
<![CDATA[Indonesia is a Republican State that has a variety of cultures, a maritime country with waters covering two-thirds of its land area, which makes it clear that Indonesia is a large country. The increasing number of poor people has resulted in an increasing number of people who prefer to work as street vendors because the work is in accordance with their expertise. The City Government has made efforts to reduce the difficulties caused by the presence of street vendors by passing Semarang City Regional Regulation Number 3 of 2018 concerning Arrangement and Empowerment of Street Vendors. The purpose of this research is to find out and examine the implementation of these regional regulations on Jalan Pandanaran 2 Semarang City, as well as the obstacles that hinder its implementation. The problems discussed in this study include how the Regional Regulation of the City of Semarang Number 3 of 2018 concerning Jalan Pandanaran II Semarang City is implemented, as well as the challenges faced. This research uses a juridical-empirical research type, the resources used consist of primary and secondary data. The research results obtained are (1) the implementation of this regional regulation can be said to have been going quite well even though it has not been implemented effectively. (2) there are still several obstacles encountered in the field such as lack of land availability, lack of human resources to support the effective implementation of regional regulations. (3) The solution that can be concluded from the results of interviews with several street vendors, the majority of them voiced a desire for the government to be more aggressive in providing socialization regarding a more orderly arrangement of street vendors, more accomodated collection of fees and clear coordination.]]>
