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[Penanggulangan Tindak Pidana Korupsi Dana Bantuan Sosial Pada Saat Bencana Alam ]]>
<![CDATA[Mulyadi, Mulyadi]]>;
<![CDATA[Wijaya, Vivian]]>;
<![CDATA[Sitorus, Marthin Erixon]]>;
<![CDATA[Pakpahan, Kartina]]>
<![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.v5i2.3420
<![CDATA[Corruption is a crime that harms state finances and the people's economy. On KPK website, cases of budget misuse data based on region, from 2004 to 2021 there are as many as 402 cases. So, extraordinary enforcement and extraordinary measures are needed. The research purpose is to analyze the regulation of corruption crimes committed during natural disasters, analyze the weaknesses of regulation corruption in social assistance funds, and analyze the prevention of corruption during natural disasters. This study uses statute approach with secondary legal literature research techniques and uses prescriptive analysis. The result of this journal is regulation of Corruption Crimes during natural disasters is regulated in Law Number 24 of 2007 about Disaster Control, Law Number 31 of 1999 about Eradication of Corruption Crimes, and PERPU Number 24 of 1960 about Investigation, Prosecution and Examination of Corruption Crimes. Provisions for the death penalty are regulated in Article 2 paragraph 2 Law Number 31 of 1999, namely in event that criminal act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty can be imposed, and prevention of corruption during a natural disaster can be carried out by penal and non-penal.]]>
<![CDATA[Perlindungan Hukum Terhadap Eksportir dan Importir dalam Transaksi Ekspor Impor Barang dengan Menggunakan L/C (Letter of Credit) Sebagai Alat Pembayaran ]]>
<![CDATA[Nugraha, Bryan Artha]]>;
<![CDATA[Andraini, Fitika]]>
<![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.v5i2.3428
<![CDATA[The purpose of conducting research is to Know how to deal with strategies what to do to prevent it from happening irregularities in L/C and how form of legal protection if it occurs breach between the parties using L/C which is by method normative legal research concluded: The key to successful L/C handling is found in all parties involved, as it is prudence, thoroughness and discipline in handling every process that goes through. And to avoid it happening deviation in L/C, then it is necessary appropriate treatment strategy starting from before the opening of the L/C, request for opening L/C, after L/C opening, document handling, until with document delivery. Protection law is given to the parties to ensure security in transactions using L/C. If there are parties who feel aggrieved because the other party in agreement does not carry out its performance, then the aggrieved party will get legal protection according to regulation regarding good L/C in international law as well as national law. Protection is obtained from regulations that are generally regulates L/C namely Uniform Costums and Practice for Documentary Credit (UCP), Government Regulation No. 1 of 1982 concerning Export, Import and/or Implementation Foreign Exchange Flows, Bank Indonesia Regulations No. 5/11/PBI/2003 concerning Payment Import Transactions, and Government Regulation No. 29 of 2007 concerning Payment Methods and Delivery of Goods in Export Activities Import. The research results describe how the legal relationship between the customer and the issuing bank. L/C born from the L/C Issuance Application agreement. Agreement between customer and bank the publisher creates a legal relationship, namely the fulfillment of the rights and obligations of the parties in accordance with the L/C issuance agreement. Therefore the parties must fulfill the rights and obligation to avoid disputes.]]>
<![CDATA[Law Enforcement Against Imported Used Clothing Trade Prohibition at Hartono Trade Center ]]>
<![CDATA[Setiyani, Devy]]>;
<![CDATA[Destyarini, Normalita]]>;
<![CDATA[Prastyanti, Rina Arum]]>
<![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.v5i2.3432
<![CDATA[The imported used clothing trade was found in Sukoharjo and has penetrated into modern markets such as the Hartono Trade Center (HTC). The import and trading activities of used clothing are prohibited by law because Imported used clothes have the potential to carry diseases. The purpose of this study was to determine law enforcement by the Department of Cooperatives, Small and Medium Enterprises and Trade in Sukoharjo Regency regarding the trading of imported used clothing in HTC and factors that affect the effectiveness of law enforcement. The research method used is empirical law with a sociological juridical approach while the data analysis technique is in the form of qualitative descriptive. The results obtained are law enforcement on the trade of imported used clothing carried out by the Office of Cooperatives, Small and Medium Enterprises and Trade of Sukoharjo Regency is not running optimally because monitoring and providing outreach activities related to imported used clothing and its dangers have never been carried out. Factor that affect the effectiveness of law enforcement on imported used clothing are internal factors, namely limited human resources and external factors, namely the legal awareness of traders and consumers who are still lacking in complying with laws and regulations.]]>
<![CDATA[Perlindungan Ideal Atas Hak Dipilih Warga Negara yang Berprofesi Sebagai Pegawai Negeri Sipil ]]>
<![CDATA[Wahid, La Ode Haerul Saleh]]>
<![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.v5i2.3433
<![CDATA[This research was conducted to find out how to limit the right to be elected by citizens who work as Civil Servants and how should the protection of the right to be elected by citizens who work as Civil Servants. This research uses a normative approach and is descriptive in nature. Methods of data collection using literature study and document analysis. Data analysis was performed using qualitative analysis methods. The results of the study show (1) restrictions on the right to be elected for citizens who work as Civil Servants are excessive restrictions and not ideal because in order to exercise the right to be elected, he must lose his right to work without any guarantee of getting a new job, and (2) Protection The ideal for the right to be elected by civil servants is by changing the time of resignation from civil servant status, where civil servants who have just registered as candidates in elections or regional elections simply temporarily resign from their civil servant status, and only resign permanently after the election process is complete. Arrangements like this have implications for the realization of restrictions on political rights that do not endanger the essence of the rights themselves, where restrictions can still be made but there is maximum protection for the right to vote for civil servants. Having the option to submit an active application again if not elected will be a differentiator and a sign that the state provides maximum human rights protection for every citizen, including those who work as civil servants.]]>
<![CDATA[Perlindungan dan Tanggung Jawab Hukum Atas Pembatalan Transaksi Jual Beli Melalui Metode Cash On Delivery di E-Commerce ]]>
<![CDATA[Kirana, Chandra]]>;
<![CDATA[Yunanto, Yunanto]]>
<![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.v5i2.3443
<![CDATA[The cash on delivery payment system makes it very easy for the community. However, it cannot be denied that online transaction cancellations occur in the cash on delivery (COD) system and have an impact on the parties involved: sellers, buyers, e-commerce and couriers. The aim of this research is to analyze legal protection and legal responsibility for canceling buying and selling transactions via cash on delivery in e-commerce.As an approach method used a qualitative approach based on empirical research. In this study, primary data were obtained from interviews and questionnaires. For secondary data from a literature survey. The results of this study indicate that the cash on delivery (COD) system can cause anxiety. This requires legal protection efforts to ensure the rights and obligations of the parties in online transactions, as well as more comprehensive education and stronger regulation of online transactions through e-commerce, especially the cash on delivery (COD) method. Preventive measure. e-commerces may have stricter terms of use for cash on delivery (COD) systems. Justice for the parties is realized when the parties are legally protected. Accountability efforts to the aggrieved party, especially the role of the market, must also be maintained. This is very helpful in terms of accountability if there is a problem with paying cash on delivery (COD).]]>
<![CDATA[Kekuatan Pembuktian Keterangan Ahli Berdasarkan Hukum Acara Perdata Indonesia ]]>
<![CDATA[Jayadi, Hendri]]>
<![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.v5i2.3444
<![CDATA[The purpose of this research is to evaluate the validity of expert testimony based on Indonesian civil procedural law in Indonesian civil law. The method used is descriptive and qualitative. The data collection technique is a documentary study. The data used is secondary data in the form of documentation of the regulations used. The results of the study show that the position of an expert can be part of the witnesses who provide information in the context of evidence. Provisions regarding an expert witness are explained in Article 154 HIR. This makes the role of an expert important in explaining the problem under discussion. In terms of strength in the context of civil law, an expert has been screened through two commitments, namely a moral commitment (through an oath or promise) and also a professional commitment (which includes the expert's technical expertise through education or experience). In addition, the strength of an expert's statement is also higher because it is tested by the Public Prosecutor (Prosecutor) and also legal counsel.]]>
<![CDATA[Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang ]]>
<![CDATA[Desrina, Desrina]]>;
<![CDATA[Emirzon, Joni]]>;
<![CDATA[Suatmiati, Sri]]>;
<![CDATA[Mahfuz, Abdul Latif]]>
<![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.v5i2.3446
<![CDATA[The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.]]>
<![CDATA[Pelaksanaan Perjanjian Kerjasama Antara Rumah Sakit Umum Daerah Palembang Bari dengan PT. Asuransi Inhealth Kesehatan ]]>
<![CDATA[Apriadi, Ruly]]>;
<![CDATA[Sa, Romli]]>;
<![CDATA[Hayatuddin, Khalisah]]>;
<![CDATA[Mahfuz, Abdul Latif]]>
<![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.v5i2.3452
<![CDATA[The purpose of this paper This research focuses on the implementation of cooperation between Palembang BARI Regional General Hospital (RSUD) and PT. Health Inhealth Insurance in the context of health services and the provision of drugs for insurance participants. Normative legal research methods with e-explanatory approach are used, with a legal approach and a concept approach to investigate how cooperation agreements are implemented and what obstacles are faced. Secondary data are taken as sources of information and analyzed using qualitative data analysis techniques. The results show that the cooperation agreement has fulfilled the provisions in Article 1320 of the Civil Code, but there are several obstacles in its implementation. These obstacles include the difficulty of changing the standard clauses of the agreement, the lack of specific regulations on the implementation of cooperation agreements, and the lack of online integration between the hospital system and PT. Health Inhealth Insurance. This research hopes to help improve the quality of cooperation between health care facilities and insurance companies.]]>
<![CDATA[Analisa Yuridis Putusan Pernikahan Beda Agama Ditinjau Dari Undang-Undang No 1 Tahun 1974 ]]>
<![CDATA[B, Muh Rivai]]>;
<![CDATA[Iskandar, Hardian]]>
<![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.v5i2.3453
<![CDATA[Religious weddings in Indonesia have been a difficult and tangled matter of legal debate. This study intends to produce legislation that governs themes the author discusses in light of current instances via this article, which applies normative research methodologies to solve its difficulties. The documentation of the legitimacy of interreligious weddings needs more legal assurance. Although Marriage Law No. 1 of 1974 makes it lawful, there still needs to be more work with administrative records under Population Act No. 24 of 2013, which enables opportunities for couples who may join in weddings of various faiths. Marriage between a Muslim and a non-Muslim is prohibited in Islamic law, according to Rule 40 of the Islamic Law Compilation, unless otherwise approved by relevant legislation. Article 2(1) of Marriage Act No. 1 of 1974 prohibits marriage between a Muslim and a non-Muslim. Interreligious couples must be given the same legal status and the same right to build a family via marriage under the 1945 Constitution and Law No. 39 of 1999 on Human Rights. In contrast, the Supreme Court of Indonesia issued letter 2 of 2023, urging judges not to stop interfaith marriage immediately. This essay highlights how difficult it is to attain legal clarity and certainty—better laws and policies and more exact legal interpretations.]]>
<![CDATA[Elektronifikasi Permohonan Persetujuan Impor Dalam Mencegah Gratifikasi ]]>
<![CDATA[Wahyudi, Ari]]>;
<![CDATA[Lie, Gunardi]]>;
<![CDATA[Sitabuan, Tundjung Herning]]>;
<![CDATA[Neljeane, Jeane]]>
<![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.v5i2.3454
<![CDATA[Corruption in its various types is an extraordinary crime, so extraordinary efforts are also needed (extraordinary enforcement), and extraordinary efforts are also needed to eradicate it (extraordinary measures). This study aims to analyse whether digital transformation (digitization) of import approval applications can prevent gratification practices that commonly occur in the administrative process of import approval applications if reviewed based on Government Regulation 29 of 2021 concerning Operators in the Trade Sector in the Prevention of Gratification. The type of research used in this proposal is normative juridical research. The approach used in this research is the statute approach. The results show that electronification of import approvals based on Government Regulation Number 29 of 2021 concerning organisers of the trade sector in the prevention of gratification is a brilliant breakthrough and very effective in preventing the practice of gratification. This is because Article 7 has offered a complicated technical mechanism for registering business licences in an integrated system, so this government regulation is considered effective because it offers a mechanism for registering business licences (including import approvals) electronically.]]>
