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 Warga Negara Asing dalam Perspektif Hukum Internasional ]]>
<![CDATA[Agustina, Agustina]]>;
<![CDATA[Ponto, Renaldi Timoti]]>
<![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.v5i2.3264
<![CDATA[Residents of a country are citizens and non-citizens. People who are not citizens are called foreigners. The determination of whether a resident is a citizen or not is regulated by the national laws of each country. National laws determine who is a citizen. country. Regardless of his status as a citizen or foreigner, he is a subject of international law, has rights and obligations based on international law in a limited sense. In this limited sense, in contrast to the definition of states as subjects of international law in the full sense, when considering the issue of international legal protection of foreigners, an academic approach to the theory and practice of international courts is used. A foreigner has the right to equal protection under the laws of the country in which he resides reside and are also entitled to certain rights to opportunities for a decent life, as regulated in Article 9 of the Montevideo Convention of 1933 which reads: "Citizens and foreigners are equally protected by law and neither national authorities nor foreigners can claim rights other than or higher than the rights of citizens. Based on the opinions of international law experts, we will know the legal principles and theories relating to the position of individuals as subjects of international law. The principle of citizenship is the main basis for implementing the principles of state authority and responsibility towards citizens and foreigners]]>
<![CDATA[Perlindungan Hukum bagi Konsumen Depot Air Minum yang Terpapar Bacteri Escherichia Coli ]]>
<![CDATA[Hidayat, Taupik]]>;
<![CDATA[Ginting, Elvira Dewi]]>
<![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.v5i2.3272
<![CDATA[This study aims to analyze the legal protection given to consumers of drinking water depots who experience losses due to exposure to Escherichia coli bacteria. The research method used is a normative juridical method by analyzing the Consumer Protection Law No. 8 of 1999 regarding legal protection for consumers of drinking water depots. However, to support normative juridical research, empirical research is also needed to determine how the management of drinking water depots is carried out. The results of the study show that legal protection for drinking water depot consumers who are exposed to Escherichia coli bacteria is contained in various laws and regulations, such as the Consumer Protection Act and the Minister of Health Regulation concerning Water Quality Requirements for Sanitation Hygiene and Recreation Purposes. However, there are several obstacles in providing legal protection for consumers of drinking water depots, such as the lack of law enforcement against violations related to drinking water quality and the lack of public awareness of the importance of consuming safe and healthy drinking water. Therefore, efforts from the government and society are needed to increase awareness of the importance of drinking water quality and law enforcement against violations related to drinking water quality.]]>
<![CDATA[Implementasi Bagi Penyandang Disabilitas dalam Perolehan Surat Izin Mengemudi (SIM) ”D” di Polresta Denpasar ]]>
<![CDATA[Saraswati, Cinta]]>;
<![CDATA[Agus Kurniawan, I Gede]]>
<![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.v5i2.3316
<![CDATA[Granting of Driver's Licenses (SIM) to persons with disabilities The obstacles faced by the Police in providing a driver's license (SIM) for persons with disabilities in the jurisdiction of the Denpasar Police, that in accordance with the provisions of the application for a driver's license must be completed with a Health Certificate from a doctor. This writing uses an emperical research method, namely conducting field research through interviews at the research site supported by primary and secondary data collected and processed in a qualitative descriptive manner. The Effectiveness of Driver's License (SIM) Making Services in the Administrative Unit (Satpas) of the Denpasar Police Driver's License, that the process of servicing a driver's license (SIM) "D" for persons with disabilities is carried out in accordance with the provisions of the applicable law and other related regulations and in practice the service has not been effective, due to the lack of facilities and infrastructure of practical test equipment in the form of motor vehicles specifically and their trajectories, so that there is a gap between the Das Sollen with Das Sein caused the service of a Driver's License (SIM) "D". The obstacles faced by the Police in providing driver's licenses (SIM) for people with disabilities, that with several factors as obstacles to the service of making a driver's license (SIM) "D"lack of facilities and infrastructure, there are several efforts made by the police in overcoming obstacles through the provision of special motor vehicle facilities and infrastructure for people with disabilities and their tracks.]]>
<![CDATA[Analisis Yuridis Alih Fungsi Tanah Kas Desa Untuk Pembangunan Kolam Renang di Desa Udanwuh ]]>
<![CDATA[Suwoto, Suwoto]]>;
<![CDATA[Santoso, Aris Priyo Agus]]>;
<![CDATA[Hastuti, Indra]]>;
<![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.v5i2.3354
<![CDATA[The aim of this research is to determine the regulation of the transfer of land to the village treasury and the obstacles of the Udanwuh Village government to building a swimming pool. The research location is at the Udanuwuh Village Hall Office, Kaliwungu District, Semarang Regency. The type of research used is an empirical juridical approach. The type of data, namely primary data, was obtained through interviews and discussions with several parties in order to provide information related to the transfer of land to the village treasury. Secondary data was obtained from library literature. Data collection techniques through literature study, interviews. Qualitative descriptive data analysis techniques. The results of the research show that the arrangement for the conversion of Village treasury land for the construction of a swimming pool in Udanwuh Village is in the form of government land in Udanwuh Village on title C Village Number 4, Plot 29 Class SII located in Ngrancah Hamlet RT.03 RW.02 village treasury land with a total area of + /- 833m2 and for the construction of swimming pools of +/-753 m2 and +/-130 m PDAM is used. Obstacles related to licensing for the conversion of village treasury land for the construction of swimming pools are based on Semarang Regency Regional Regulation No. 14 of 2003. However, with the issuance of Regional Regulation No. 21 of 2021 concerning the revocation of Semarang Regency Regional Regulation No. 14 of 2003, this has resulted in permits not being completed or delayed. The conclusion of the research is that the conversion of land functions in order to comply with applicable regulations, has a positive impact on the progress of the village, optimal management of land conversion, maximum utilization of the function of the Village treasury land into a swimming pool to improve the village economy and village community, resolving solutions to problems in make regulations regarding the transfer of cash land functions in the construction of swimming pools.]]>
<![CDATA[Fungsi dan Peran Notaris Pada Peralihan Hak Atas Merek Melalui Perjanjian Jual-Beli ]]>
<![CDATA[Putri, Maria Yohesti]]>;
<![CDATA[Santoso, 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.v5i2.3382
<![CDATA[A brand is a manifestation of a trade or service business. Apart from that, a brand is also an intangible object whose ownership can be transferred by transferring the rights to the brand through a notary. The role of the Notary in question is in making the brand transfer deed. Through this research, the authors aim to find out and examine how the function and role of a notary is in making a deed of transfer of rights to a brand through a sale-purchase agreement. In reviewing this journal, the author uses primary and secondary legal materials with a conceptual approach and applies normative juridical research methods which are carried out by examining the theories, concepts and laws and regulations concerned. The results of this study note that according to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications Notarial (authentic) deed in transferring rights to a trademark through a sale-purchase agreement is not an obligation but can be used as an option or alternative. Notarial (authentic) deed has the best binding and evidentiary power, therefore a sale and purchase agreement using a Notarial deed is the best choice. Furthermore, the role of the Notary in terms of transferring rights to the mark through an agreement or sale is to provide understanding and legal protection by making authentic deeds which aim to provide legal certainty to the parties.]]>
<![CDATA[Pembatalan Perkawinan Dalam Kasus Poligami Tidak Tercatat Yang Perkawinannya Telah Putus Akibat Kematian ]]>
<![CDATA[Salsabiela, Riskhi]]>;
<![CDATA[Prananda, Rahandy Rizki]]>
<![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.v5i2.3387
<![CDATA[Marriages can be annulled when they do not comply with the provisions of the Marriage Law. Parties involved in a marriage can request an annulment of the marriage because there was a misunderstanding in the form of identity falsification or unrecorded polygamy, for example in Decision Number 2479/Pdt.G/2020/PA.JU. This lawsuit was filed by the first wife to annul the marriage between the second wife and her deceased husband whose marriage had been broken up due to death. The issue lies in the legitimacy of filing for an annulment of a marriage that has ended due to death and the legal consequences of the decision in this case. This study utilized the Normative Juridical method by examining literature studies. The results of the study indicate that the basis for the annulment proposed by the plaintiff is valid based on three articles: Article 27 paragraph (2) and Article 24 of the Marriage Law, as well as Article 71 letter a Compilation of Islamic Law. There are two legal consequences resulting from this decision, the husband and wife relationship, and joint assets.]]>
<![CDATA[Akibat Hukum Pembubuhan Cap Ibu Jari Sebagai Pengganti Tanda Tangan Dalam Pembuatan Akta Notaris ]]>
<![CDATA[Vitasari, Diana Agatha]]>;
<![CDATA[Musyafah, Aisyah Ayu]]>
<![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.v5i2.3388
<![CDATA[A notarial deed must be signed by the parties involved. In some cases, the parties involved cannot put their signatures. The purpose of this study was to find out whether thumbprints can replace signatures in making notarial deeds and their legal consequences. This study uses normative legal research with secondary data and library research. The results of this study according to Article 1874 of the Civil Code and Article 44 paragraphs (1) and (2) of the UUJN regulates the affixing of a thumbprint as a substitute for a signature in making notarial deeds to people who are sick or disabled to read and write. These articles state that affixing a thumbprint as a substitute for a signature can be done on condition that the affixing must be done before an authorized official (Notary) and the Notary is required to include information or reasons regarding the person not being able to sign. The legal consequences of a deed not being signed are replaced by using a thumbprint, which is still valid and legally binding as an authentic deed as long as the provisions contained in Article 1874 of the Civil Code and Article 44 paragraphs (1) and (2) UUJN are fulfilled.]]>
<![CDATA[Pembentukan Badan Hukum Kelompok Masyarakat Penerima Bantuan KKP Republik Indonesia ]]>
<![CDATA[Wulansari, Dewi Ajeng]]>;
<![CDATA[Mahfud, Muh. Afif]]>
<![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.v5i2.3392
<![CDATA[This research was conducted to aim of exploring the role of notary in the formation of legal entity association as receiver from the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia’s distribution in accordance with Peraturan Menteri Kelautan dan Perikanan Republik Indonesia Nomor 2 Tahun 2021 Tentang Penyaluran Bantuan Pemerintah di Lingkungan Kementerian Kelautan dan Perikanan and to analyze the suitable form of receiver’s legal entity accordance with the requirements set by the Ministry. This research uses normative law and descriptive with descriptive qualitative as the type of research. The data collection methods used were library research and document analysis and conducted using qualitative analysis methods. The result of this study showed that the notary might acts in making the deed of association’s establishment or other legal entity desired by the public who comes to the notary with the procedures; making a deed of association to register the association until it can be registered at the database system of the Ministry of Law and Human Rights until it becomes valid. Notary plays a role in helping people who need assistance from the Ministry of Maritime Affairs and Fisheries to meet the requirements to give legal status to the establishment of their group.]]>
<![CDATA[Hukum Jual Beli Limbah Tambang Emas Perspektif Fatwa DSN MUI No. 110/DSN-MUI/IX/2017 Tentang Jual Beli (Studi Kasus di Desa Hutalombang Lubis Kecamatan Panyabungan Kabupaten Mandailing Natal) ]]>
<![CDATA[Hasibuan, Toibah]]>;
<![CDATA[Zahara, Fatimah]]>
<![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.v5i2.3402
<![CDATA[The background of this research is that there is a gap in the implementation of the practice of buying and selling gold mining waste in Hutalombang Lubis Village, Panyabungan District, Mandailing Natal Regency. Whereas buying and selling is carried out by selling gold waste (dregs) in sacks which are not necessarily the result that is obtained without knowing the risks involved in the sale and purchase. This is not in accordance with Islamic Shari'at and does not meet the requirements for a sale and purchase object according to the perspective of DSN MUI Fatwa No. 110/DSN-MUI/IX/2017 concerning Sales and Purchase Contracts. If the Buyer gets the remaining Gold from processed Gold then the buyer will get a profit. However, on the other hand, if the buyer does not get the remaining gold from the land used for processing gold, then the buyer will definitely incur a loss. So the object being contracted contains an element of obscurity and is not in accordance with what is received by the buyer which results in a loss to one of the parties. The research method used is empirical juridical method, namely field research, using a qualitative approach and qualitative descriptive data analysis.]]>
<![CDATA[Kepastian Hukum Akta Jual Beli Tanah Di Bawah Tangan Yang Disahkan Oleh Notaris Di Kabupaten Sidenreng Rappang Provinsi Sulawesi Selatan ]]>
<![CDATA[Rully, Jodie Angelia]]>;
<![CDATA[Ismansyah, Ismansyah]]>;
<![CDATA[Fendri, Azmi]]>
<![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.v5i2.3404
<![CDATA[Article 37 paragraph (1) PP No. 24 of 1997 concerning land registration, explains that the transfer of land rights can be carried out by transferring rights such as sale and purchase, exchange, gift, auction, inheritance, transfer of rights due to merger or consolidation and other transfers of rights. All transfers except auctions can only be registered if proven by a deed made by the Land Deed Official (PPAT). In the event that the land you wish to trade does not yet have a certificate, the process of transferring rights in accordance with the provisions of this Article cannot be carried out. Currently, many land buying and selling processes are carried out, not through PPAT, but buying and selling is done by deed under the hands of the parties. To strengthen the proof of private deeds, Article 1874 of the Civil Code regulates the ratification of private deeds as a form of strengthening private deeds by a notary. Therefore, the main problem is why the people in Sidenreng Rappang district choose to buy and sell land with a private deed legalized by a notary and what is the legal certainty of the private land sale and purchase deed that has been legalized by a notary. The sale and purchase of land using a private deed ratified by a notary is because the condition of the object of sale and purchase is not yet certified, buying and selling land using a private deed ratified by a notary is felt to be easier, faster and more affordable. Ratification by a notary of the private deed will guarantee that the parties really signed it, and that the private deed was indeed signed on that date.]]>
