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[Perlindungan Hukum Terhadap Kriminalisasi Jabatan Notaris Ditinjau Dari Undang-Undang Jabatan Notaris ]]>
<![CDATA[Alvanso, Tonicca]]>;
<![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.v5i2.3153
<![CDATA[In essence, the function of the Notary's position is to provide services to the public in making authentic deeds and the Notary is not an interested part in the deed being made, but only as consolidates or records in writing a legal action from the interested parties. However, nowadays, due to increasingly complex legal issues, the position of Notary Public is often criminalized, namely appointing or making an act that was not originally a criminal act into an act that can be punished, the act in question includes the authority of the Notary position which the Notary tries to implement in accordance with statutory regulations. which applies in Indonesia. The formulation of the problem in this research is how legal protection against the criminalization of Notary authority is reviewed based on the Law on Notary Positions. The aim of this research is to analyze and describe how the legal protection of Notary's authority occurs if there is a form of criminalization of the authority of public officials reviewed based on the Law on the Position of Notaries. This type of research uses normative juridical research. The result of this discussion is that there is still a need for some form of legal protection against the criminalization of Notary's authority because in the Notary's Position Law there are no strong regulations protecting the authority of Notaries in carrying out their position if there is a conflict of regulations or interests]]>
<![CDATA[Status Hukum Kepemilikan Hak Atas Tanah yang Tanahnya Telah Hilang Akibat Gempa Bumi di Cianjur ]]>
<![CDATA[Putri, Catherina Amanda]]>;
<![CDATA[Tjempaka, Tjempaka]]>
<![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.v5i2.3155
<![CDATA[Proof of ownership of a plot of land is proven by the existence of a certificate and physical control so that if these two things are destroyed, the legal relationship between the owner and the land ends. There are several causes for the end of a person's land rights, one of which is that the land object has been destroyed due to a natural disaster. Because the term "destroyed land" is used in Article 27 of the UUPA, which refers to the abolition of land rights, the state is unable to provide legal protection for destroyed land, which results in a legal void. A normative legal research approach with a statutory approach was used for the study. The result of this study is a discussion of the form of legal protection by the National Land Agency regarding the reownership of land rights whose land has been lost due to natural disasters. Land rights holders can submit a report to the land service emergency response posts to report complaints of lost or damaged certificates due to natural disasters, and then the Land Office will conduct field research as the basis for issuing a replacement certificate.]]>
<![CDATA[Implikasi Hukum Pembentukan Peraturan Pelaksana Pasca Putusan Mahkamah Konstitusi Atas Pengujian Undang-Undang No. 11 Tahun 2020 Tentang Cipta Kerja ]]>
<![CDATA[Rizki, Muhammad]]>;
<![CDATA[Alwan, Sultan]]>;
<![CDATA[Rumkel, Nam]]>
<![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.v5i2.3162
<![CDATA[This study aims to examine the legal status and binding force of the Implementing Regulations enacted and analyze the legal implications of the formation of Implementing Regulations post-Constitutional Court Decision No. 91/PUU-XVIII/2020. The research method used is empirical with data collection through literature review, interviews, and supporting theories. The data analysis technique employed is descriptive qualitative. The results of the study indicate that the formation of three Implementing Regulations after Constitutional Court Decision No. 91/PUU-XVIII/2020 in the context of the Omnibus Law on Job Creation lacks legal status and binding force in the enforcement of norms. Moreover, Constitutional Court Decision No. 91/PUU-XVIII/2020, which examined the formal aspects of Law No. 11 of 2020 concerning Job Creation, has wide-ranging implications. Through its decision, the Constitutional Court, particularly in point 7, suspends actions or strategic policies with broad impacts and prohibits the issuance of implementing regulations.]]>
<![CDATA[Peran Notaris dalam Pembuatan Akta Pernyataan Keputusan Rapat Umum Pemegang Saham (RUPS) Perseroan Terbatas di Kota Semarang ]]>
<![CDATA[Fitri, Aulia Ineke]]>;
<![CDATA[Mahmudah, Siti]]>
<![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.v5i2.3198
<![CDATA[In its implementation, the General Meeting of Shareholders (GMS) is recorded in the form of meeting notes in the form of a notarial deed and/or backhand deed which is then recorded in the form of a deed. This research method uses a sociological legal approach. The purpose of this study was to determine the role of a notary in making the decision deed of the General Meeting of Shareholders (GMS) of a limited liability company in the city of Semarang. From the results of the examination, the notary is not involved in the decision- making process of the GMS. The task of a notary in making a deed of the decision of a meeting of shareholders of a company is very limited, such as in making a party deed, the notary is only limited to pouring it into a legalized deed.]]>
<![CDATA[Tindak Pidana Pencurian Ringan dan Upaya Hukumnya dalam Proses Tuntutan Pemidanaan ]]>
<![CDATA[Putri, Fresiella ‘Arsy Mahdavika]]>;
<![CDATA[Hapsari, Iffahdah Pratama]]>;
<![CDATA[Wardana, Dodi Jaya]]>
<![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.v5i2.3211
<![CDATA[This research is motivated by observational data, where crimes of petty theft are very widespread in Indonesia, how can a person be qualified as a perpetrator of a crime of petty theft, then what are the efforts of the prosecutor in dealing with criminal acts of petty theft, so that injustice does not occur like the case of Minah's grandmother, grandma asiani, grandpa samirin and many more. researcher what are the efforts of prosecutors in dealing with the crime of petty theft in order to create justice and adjust situations or conditions so that they are relevant to life in this era. then analyzed descriptively so that conclusions can be drawn.]]>
<![CDATA[Quo Vadis Kebijakan Pemerintah Terhadap Legalitas Keberadaan Investasi Robot Trading (Expert Advisor) dikaji menggunakan Teori Hukum dan Pembangunan ]]>
<![CDATA[Tungmiharja, Wilson]]>;
<![CDATA[Gultom, Elfrida Ratnawati]]>
<![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.v5i2.3212
<![CDATA[The purpose of writing this journal is to analyze and understand government policies regarding the legality of trading robots. The development of the times has provided many advances in both the technological and economic fields, technological advances have provided openness to trade in both goods and services. Forex trading is a business activity that offers high profits accompanied by high risks, where individuals must monitor and study the movements of the money market without stopping to make transactions. The existence of trading robots makes it easy to do forex trading due to automation to save time and does not require in-depth understanding of forex trading. The existence of trading robots provides an opportunity for criminal acts to occur in the forex field, one of which is the existence of Illegal Trading Robots which results in losses for users. One of them is the fraudulent investment case of Net 89, which has a trading robot mode, which uses a permit to sell e-books in carrying out trading activities based on trading robots. This problem has resulted in an urgency that can be seen from the enactment of BAPPEBTI Regulation Number 12 of 2022 as a step to regulate the existence of trading robots.]]>
<![CDATA[TINJAUAN HUKUM EKONOMI SYARIAH TENTANG PENGGUNAAN ROBO ADVISOR DALAM ISLAMIC WEALTH MANAGEMENT (Studi Pustaka Robo Advisor di Indonesia Tahun 2022) ]]>
<![CDATA[Irawan, Bambang]]>;
<![CDATA[Maimun, Maimun]]>;
<![CDATA[Faizal, Liky]]>;
<![CDATA[Zaki, Muhammad]]>
<![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.v5i2.3214
<![CDATA[Robo advisor is a technology that can assist investors in managing their portfolios. In the context of Islamic finance, transactions and business relationships must ensure compliance with Sharia principles in order to preserve wealth and meet needs. The use of robo advisors in this context has not been extensively researched. This study aims to determine the use of robo advisors in Islamic wealth management. The research method used is literature review with a normative approach and descriptive-analytical analysis. The data used are from literature on the use of robo advisors and Islamic wealth management in Indonesia over the past five years. Based on the workings of robo advisors, various benefits and limitations are found in their use. The conclusion of the analysis of maṣlaḥah (public interest), functionality, and the urgency of using robo advisors shows that their use in Islamic wealth management can be considered permissible as a means for retail investors and beginners to safeguard wealth (ḥifẓ al-mâl) by applying filters for Sharia-compliant investment instruments and adhering to prohibitions on riba (usury), gharar (uncertainty), maysir (gambling), and haram (forbidden). The research recommendation is to conduct further research on the technical aspects and algorithms used by robo advisors in selecting Sharia-compliant investment instruments, and a sound framework of supervision and regulation is needed to ensure the compliance of robo advisors with Sharia principles and the protection of investors' interests.]]>
<![CDATA[Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan ]]>
<![CDATA[Hasti, Armin]]>;
<![CDATA[Saleng, Abrar]]>;
<![CDATA[Sumarji, Juajir]]>
<![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.v5i2.3218
<![CDATA[The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations]]>
<![CDATA[Analisis Pertimbangan Hakim dalam Memutus Perkara Pemberian Hibah yang Ditarik Kembali (Studi Putusan Nomor: 33/Pdt.G/2019/PN/PMS) ]]>
<![CDATA[Gultom, Nurhayati]]>;
<![CDATA[Tjempaka, Tjempaka]]>
<![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.v5i2.3227
<![CDATA[This research was conducted with the aim of exploring the rights and obligations of grantors in revoking a grant, the legal impact on grant recipients who experience grant revocation, and analyzing the compatibility of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court with the prevailing laws and regulations. This research used a normative legal approach and was descriptive in nature. The data collection methods used were library research and document analysis. Data analysis was conducted using qualitative analysis methods. The results of the research indicate that grantors have several rights based on Article 1669, Article 1671, and Article 1672 of the Civil Code and Article 212 of the Islamic Inheritance Law (KHI). Grantors also have the right to revoke their grant if the grant recipient fails to fulfill the obligations stipulated in the grant deed or other conditions specified in Article 1688 of the Civil Code. The legal impact on grant recipients who experience grant revocation is the return of the granted object to its original state before the agreement was made, as regulated by Article 1691 of the Civil Code. However, according to Article 212 of the KHI, a grant cannot be revoked, except in the case of a grant from a parent to their child, and this must be supported by a legally binding court decision. Based on the analysis of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court, it can be concluded that the decision is in accordance with the prevailing laws and regulations.]]>
<![CDATA[Urgensi Pemenuhan Hak Biologis Narapidana Ditinjau Dari Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan dan Hak Asasi Manusia ]]>
<![CDATA[Bramandita, Riki]]>
<![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.v5i2.3239
<![CDATA[This study aims to examine the urgency of fulfilling the right to search biology in the context of Law Number 22 of 2022 concerning Corrections and Human Rights. The research method used is a normative juridical research method, by conducting a literature study and analysis of related documents. Based on the research results, the fulfillment of the right to fulfill biological needs is a very important need and must be a priority in the correctional system in Indonesia. Protection of debilitating biological rights not only impacts health and daily life, but also impacts the health and safety of society as a whole. Law Number 22 of 2022 concerning Corrections and Human Rights has regulated the protection of rehabilitation rights, including biological rights. However, the implementation of the law still needs more attention and improvement. Concrete actions are needed from those responsible for ensuring that biological rights are fulfilled, such as increasing access to health services, improving environmental conditions in prisons, improving the quality of food provided, ensuring protection against acts of violence, and providing sufficient attention to mental health assistance. . In addition, there is also a need for cooperation between various related parties to increase the fulfillment of the biological rights of the request.]]>
