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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 20 Documents
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Search results for , issue "Vol. 6 No. 1 (2024)" : 20 Documents clear
Environmental Law with Sustainable Principles in Waste Bank Management in Sukoharjo Regency Febriyanti, Nabila; Subekti, Rahayu; Ulfatun Najicha, Fatma
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4174

Abstract

The author's aim in researching waste banks is to provide an understanding of waste management with a new paradigm in waste management, namely waste banks. Based on Law Number 18 of 2008, the use new paradigm of collect-transport-dispose in the Minister of Environment and Forestry Regulation Number 14 of 2021, namely with the issuance of a circular. This research was carried out using the legal research method. This type of empirical legal research is descriptive in nature, explaining what happened in Sukoharjo Regency and analyzed qualitatively. Results from several literature and interviews with the existence of waste bank regulations, local governments carry out and implement them. Sukoharjo Regency has the role of the environmental service in carrying out environmental management, especially waste management. However, there are areas where not all of them have active waste banks, so this research is interesting to examine waste banks in realizing the legal principles of a sustainable environment in Sukoharjo Regency. The research results show that the implementation of waste banks in Sukoharjo Regency must be further optimized to achieve environmental law objectives with the principle of sustainability and waste banks as a circular economy.
Cancellation of Notary Deed Based on Agreement of The Parties Through Deed of Cancellation Amalia, Thalita Reizky; Soroinda, Disriani Latifah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4197

Abstract

An authentic deed is a form as written evidence that has perfect evidentiary power or so called fautless evidence. A deed can be declared as an authentic deed if it fulfil all the terms in article 1868 of Burgerlijk Wetboek, where the deed is made in the presence of or made by public functionary, namely a notary. As a public functionary that has an authority and obligations that clearly regulated in law, when carrying out his duties a notary must follows the notary’s act and the Code of Ethics. A notarial deed cannot be canceled immediately but must go through the correct process to remove the binding status of the deed. This research was conducted to provide an understanding of the proper and correct ways for cancellation of notarial deeds that can be carried out by the parties. The research methods that uses is doctrinal research methods, with secondary data which is divided into 3 legal materials, namely, primary, secondary and tertiary which are analyzed to answer the problems in the thesis. A deed made by a notary has binding legal force for each parties in the deed, as well with regulated third party in the deed. By the process, a deed can be invalidated or annulled if it does not fulfil the formal or material terms, either based on a lawsuit by one of the parties through a the decision of a court from judge, or based on the mutual agreement of the parties through a deed of cancellation.
The Application of Omnibus Law in Land Regulation Reform Efforts Rahmad, Agus; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4233

Abstract

The times provide mandatory demands for laws in Indonesia to develop in accordance with the needs of today's society. However, in reality there are still many rules that intersect with each other and cause legal uncertainty. To deal with this, Indonesian law must be ready to adjust to the renewal of the legal system through omnibus law due to the accumulation of regulations. This research aims to open a new perspective in the implementation of omnibus law on land regulations that have been overlapping, resulting in the absence of legal harmonization. The research method is conducted with a normative juridical approach. The type of approach used is the statute approach. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out by means of literature studies related to research both from laws, scientific works and books. The results of this study indicate that the implementation of the omnibus law is a solution to the overlapping land regulations in Indonesia which must be accompanied by synergy and coordination from various institutions in order to create legal certainty.
The Role of Legal Politics in the Recovery of State Financial Losses Due to Corruption Hamdan, Riko; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4234

Abstract

Corruption crimes have caused very large losses to the state and can have an impact on the emergence of various crises in various fields such as social life, nationhood, and statehood. Therefore, a legal enforcement method is needed through the establishment of a special body that has broad, independent, and free authority from any power in efforts to eradicate corruption crimes that are carried out maximally, intensively, effectively, professionally, and continuously. This paper uses a normative juridical research method through an approach based on basic legal materials by examining theories, concepts, legal principles, and regulations. Research using a normative juridical method is legal research conducted by examining literature or secondary data as a basis for research by tracing regulations and literature related to the issues being studied. To solve the legal problems that have been formulated and get their answers, this research uses four problem-solving approach models, namely the statutory approach, comparative approach, historical approach, and conceptual approach. The results of this study are various changes and reviews of anti-corruption laws that are legal policies applied by Indonesia as efforts towards legal reform for the better. Because corruption has harmed state finances, efforts to recover state financial losses are carried out through criminal, civil, and administrative channels.
The Influence of Political Configuration in The Creation of The New KUHP (An Examination of the New Wave of Indonesian Democracy in the Reformation Era) Fernanda, Vuzio; Patmos, Yan; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4238

Abstract

The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the formation of the new Criminal Code which has become a public concern in Indonesia. This research aims to provide a deeper understanding of the relationship between political structure and the development of criminal law in Indonesia. The method used in collecting legal materials in this research is carried out using library research, namely by using archival review techniques or literature studies of books, journals, articles, theses or works of experts related to the research conducted. The results of this study show that in the current reform era, political configuration has a dominant influence on the structure and substance of law. Political power plays a key role in the formation of laws, where the interests of certain groups often dominate the resulting policies. Legal products are often used as a means of justifying power policies, even though they may contradict the values of public justice and are no longer in accordance with Indonesia's cultural dynamics.
Implementation of Medical Records in Physiotherapy Services Home Care in Semarang City dani, Kuswar
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4342

Abstract

Many physiotherapists in the city of Semarang provide online health services and home care, By Minister of Health Regulation No. 269 and Law No. 36 of 2014 Article 56 (d), health workers are required to keep medical records. Medical records contain records of patient treatment, both written and recorded, which contain the patient's identity, history, laboratory, and diagnosis. This research aims to determine the implementation of medical records in physiotherapy services and home care in the city of Semarang, with analytical descriptive sociological juridical methods. In terms of how data collection is carried out by observation, interviews, questionnaires, documentation, and a combination of the four. The data results are analyzed systematically according to the factual and actual situation of the incident based on facts, characteristics, and phenomena by looking for cause and effect. The research results show the implementation of medical records in physiotherapy services and home care in the city of Semarang is not going well, because it is still found that 37.1% of physiotherapists have not carried out medical records. The physiotherapist can be given sanctions for violating UUPK number 29 of 2004 with a maximum penalty of 1 year and a fine of up to 50 million.
Comparison of Methods for Resolving Child Custody Disputes After Parental Divorce Rezky, Nadia; Sado, Arino Bemi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4483

Abstract

This research aims to analyze the comparison of two post-divorce child custody dispute resolution methods (litigation and non-litigation) along with the obstacles and challenges faced in finding a solution. This research is qualitative research with field research methods and data obtained through observation, interviews and documentation. The result is obstacles in resolving child custody disputes through litigation methods in court which require a long time, large costs and are difficult to implement the judge's decision, especially if the child is in the control of the losing party and does not want to hand over the child voluntarily. There are no specific rules regarding the implementation of hadhanah and considering the child's psychology, so that often the judge's decision is an illusory (futile) decision. Meanwhile, the obstacles to the non-litigation method are that it relies heavily on cooperation and awareness of both parties and there is still a lack of access to special services for the general public to carry out mediation without having to go to court. For this reason, it is necessary to increase competence and innovative approaches for professionals involved in resolving child custody disputes, the formation of policies that are oriented towards the interests of children and awareness of parents to prioritize the best interests of children rather than ego alone.
Empirical Legal Investigation of Land Disputes: The Case of Rantau Pandan, Bungo Regency Suhermi, Suhermi; Hasan, Umar; Sasmiar, Sasmiar; Manik, Herlina
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4484

Abstract

Land is a very basic human need for humans to live and carry out activities on land so that at all times humans are always in contact with land, it can be said that almost all human life activities, either directly or indirectly, require land. The emergence of land dispute cases in Indonesia is no exception in Rantau Pandan District, Bungo Regency, of course clear regulations or legal instruments are needed to ensure legal certainty for the owners of the land. The aim of the research is to find out and analyze the factors that cause land disputes and how to resolve land disputes that occur in the community in Rantau Pandan District, Bungo Regency. The type of research used is empirical juridical using primary data sources, namely data obtained directly in the field through interviews with respondents and informants and secondary data in the form of regulations, textbooks, journals and traditional seloko. Based on the data, it was found that the factors causing land disputes in the Rantau Pandan District, Bungo Regency, were caused by inheritance factors and unclear land boundaries. The method for resolving land disputes is by deliberation using Customary Law in ascending and descending stages.
Theft of Digital Painting Artworks: A Review of the Legal Protection of Art Industry Perpetrators in Indonesia Andila, Silvina; Silviana, Ana
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4603

Abstract

As a result of globalization and technology breakthroughs, digital painting has become more popular in Indonesia and has enabled artists to display their work online. Still, art theft is a serious problem, especially for artists who contribute to the art industry.The purpose of this research is to find out the technological developments, impact, and legal protection against theft of digital painting cases against perpetrators of the art industry in Indonesia. Research methods are qualitative research with descriptive and analytical approaches. The conclusion of this study is that the dynamics of the art industry in Indonesia are heavily influenced by technological advances and the style of digital painting. The impact of the theft of digital painting works of art on perpetrators of the art industry in Indonesia is loss of recognition, financial losses, and violations of the law. The Legal protection to deal with theft of digital painting artworks against perpetrators of the art industry in Indonesia can be done in a variety of ways namely by registering Copyright by submitting an application for copyright registration, protection of Digital Painting, updating of legislative regulations leading to more detailed explanations relating to the artwork of Digital painting, and Legal awareness and education.
Bankruptcy Petition Based on Debt Arising from Agreement with Arbitration Clause Gunawan, Triandy; Rachman, Yulian Ananto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4633

Abstract

The business world requires efficient and cost-effective methods of resolving business disputes. With the presence of Arbitration Institutions as an alternative for resolving business disputes outside the judicial system, the business world has various options tailored to their characteristics and needs. Apart from going through arbitration institutions, it turns out that debt dispute resolution can also be done through PKPU (Postponement of Debt Payment Obligations) and filing for Bankruptcy at the Commercial Court. The disharmony between the absolute authority of arbitration which is extra-judicial in nature and the absolute authority of the Commercial Court which is an extraordinary court in examining and adjudicating bankruptcy applications gives rise to legal problems which can affect the confidence of the business world. This research aims to analyze bankruptcy applications based on debts arising from agreements with arbitration clauses. This research uses normative legal research methods with a statutory approach and a legal concept analysis approach. The research results show that the Commercial Court is an extraordinary court, so it has the authority to adjudicate bankruptcy applications even though there is an arbitration clause. To file a bankruptcy petition at the Commercial Court, it is necessary to fulfill the requirements of simple proof of the existence of at least two creditors, one of whose debts is due and can be collected.

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