cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nafi'ah
Contact Email
Nafiah490@gmail.com
Phone
+6285735682845
Journal Mail Official
jurnalalmanhaj.insuri@gmail.com
Editorial Address
Jl. Batoro Katong, No. 32, Ponorogo, Jawa Timur, Indonesia
Location
Kab. ponorogo,
Jawa timur
INDONESIA
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 8 Documents
 1 
Search results for , issue "Vol. 8 No. 1 (2026)" : 8 Documents clear
Presidential Elections Without a Threshold in Indonesia: Strengthening Citizens’ Political Rights After the 2025 Constitutional Court Decision Ropii, Imam; Pramono, Agus; Kuntardjo, Carolina; Kusuma, Ariska Cesar Divian Candra
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8749

Abstract

The presidential threshold in Indonesia, requiring political parties or coalitions to secure at least 20% of parliamentary seats or 25% of valid votes to nominate presidential candidates, has long sparked debate over the constitution. Critics contend that this requirement operates as a structural barrier that limits citizens' political rights and consolidates oligarchic dominance. This study examines the abolition of the presidential threshold following the Constitutional Court's Decision No. 62/PUU-XXII/2024, which annulled Article 222 of the 2017 Election Law. Employing a normative juridical and comparative approach, the research analyzes constitutional principles, judicial reasoning, and electoral practices in selected democracies, including France and the United States. The analysis demonstrates that removing the presidential threshold broadens political participation, enhances inclusivity, and fosters fairer democratic competition by reducing the dominance of major parties. Although the absence of a threshold may increase the number of candidates and the likelihood of run-off elections, such consequences can be mitigated through appropriate institutional design. Normatively, this study concludes that abolishing the presidential threshold is constitutionally justified and necessary to fully realize citizens' political rights and democratic sovereignty in Indonesia.
Reaffirmation of State Control Over Land: Analysis of Legal Certainty After Constitutional Court Decision No. 185/PUU-XXII/2024 Suyanto, Suyanto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8802

Abstract

This study examines the constitutional reaffirmation of state control over land following Constitutional Court Decision No. 185/PUU-XXII/2024. It analyzes legal certainty, agrarian governance, and the balance between state authority and private land rights in Indonesia. This study presents a new perspective on the IKN policy and Constitutional Court jurisprudence by examining how Constitutional Court Decision No. 185/PUU-XXII/2024 reaffirms state control over land, enhances legal certainty, and highlights the social function of land rights, in the framework that follows the decision. This study employed a normative juridical approach, incorporating statutory, case, conceptual, and historical perspectives. The Constitutional Court Decision No. 185/PUU-XXII/2024 reinforces state control over land, emphasizing the staatbeheerrecht principle in alignment with Article 33 of the 1945 Constitution while limiting excessive liberalization of land rights. The absence of implementing regulations post-decision raises concerns over legal certainty, highlighting the need for coherent regulations to reconcile constitutional demands with investment governance and land administration. Future regulations must establish timelines and evaluation mechanisms for HGBs to prevent legal gaps and ensure a balance between investment certainty and agrarian justice. This decision reverses the trend of liberalizing land rights in the IKN area, which could disregard the principle of social justice.
Diversion Reform in Juvenile Criminal Law Based on Prophetic Restorative Justice Setiyawan, Deni; Ananda Afit Oktavian; Naufal Andra Maghara Yoga Tama Putra; Muhammad Azimuddin Mohamed
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8865

Abstract

Restorative justice in the Juvenile Criminal Justice System remains predominantly shaped by pragmatic and secular approaches, limiting its capacity to support substantive character formation among children in conflict with the law. This study examines the integration of prophetic legal values into diversion and rehabilitation processes to strengthen the ethical and transformative dimensions of restorative justice. Using a normative juridical method, the study analyzes the weaknesses of conventional restorative justice practices within the Indonesian juvenile justice framework. The findings indicate that diversion is largely implemented as a formal conflict resolution mechanism through peace agreements, with limited attention to character development and deep value internalization. In response, this study proposes a prophetic restorative justice model grounded in the values of humanization, liberation, and transcendence, offering a more holistic approach to juvenile rehabilitation. The integration of ethical and transcendental dimensions repositions diversion as a structured process of character rehabilitation and sustainable social relationship reconstruction rather than mere case settlement. This study contributes conceptually and normatively by reconstructing restorative justice through a prophetic legal paradigm, while also providing policy-oriented implications for strengthening regulations and technical guidelines to institutionalize prophetic restorative justice within Indonesia's Juvenile Criminal Justice System.
Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia Malik, Faissal; Amriyanto; Syafari, Tri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8876

Abstract

The recovery of state financial losses from corruption remains a central challenge in Indonesia's anti-corruption framework. Despite the availability of various recovery mechanisms, questions persist regarding their effectiveness and conformity wth the principle of proportionality and national legal policy.   This study examines the application of proportionality in state loss recovery policies and formulates a future-oriented legal policy to enhance recovery effectiveness.   Employing a normative legal research method, this study applies Robert Alexy's proportionality test, suitability, necessity, and proportionality in the strict sense to assess criminal restitution, post-conviction asset confiscation, and administrative and civil forfeiture mechanisms.   The findings reveal that Indonesia's current recovery framework is fragmented and predominantly reliant on repressive, criminal-based approaches, resulting in limited asset recovery.   The novelty of this study lies in its proportionality-based formulation of civil forfeiture as an integrated administrative recovery model that prevents asset dissipation while safeguarding due process and property rights.   This study argues that proportionality does not weaken anti-corruption efforts, but rather provides a normative foundation for designing recovery policies that are effective, balanced, and capable of delivering measurable public benefits.
Al-Qur’an Mastery Policy at IAIN Ponorogo: A Structural-Functional Analysis Rumtianing, Irma; Thohir, Umar Faruq
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8931

Abstract

This study aims to analyze the implementation of the Decree of the Director-General of Islamic Education No. 6093 of 2020 concerning competency standards for Qur’an mastery, particularly in the teaching of the Qur’an at IAIN Ponorogo, using a structural-functional theoretical perspective. The research employs a qualitative evaluative approach, with data collected through document analysis, program evaluation reports, and observations of Qur'an learning activities. The findings reveal that implementing Qur'an teaching has significantly improved students' competencies in Qur'anic recitation, memorization, and comprehension. From a structural-functional perspective, the Qur'an learning program functions not only as an academic instrument but also as a mechanism for maintaining educational order and social stability within the institution. Nevertheless, challenges persist due to students' diverse educational backgrounds, which affect the uniformity of competency achievement. Therefore, this study recommends continuous evaluation, adaptive learning strategies, and differentiated instructional approaches to ensure the sustainability, relevance, and effectiveness of Qur'an teaching programs in responding to students' needs and institutional goals.
Effectiveness Of Criminal Enforcement Against Kreak In Juvenile Justice System Semarang Regency Winarsih, Laras; Ekaningsih, Lailasari; Alid, Idul Hanzah; Izziyana, Wafda Vivid
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8143

Abstract

This study examines the effectiveness of criminal law enforcement against street children associated with the "Kreak" phenomenon in Semarang Regency within the framework of the Juvenile Criminal Justice System (SPPA). The research is grounded in the identified gap between Indonesia's child-centered juvenile justice norms, particularly diversion and restorative justice, and their inconsistent implementation in practice. Using a normative juridical method, this study analyzes primary legal materials, including Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 1 of 2023 on the Criminal Code, supported by relevant legal literature. The findings indicate that law enforcement effectiveness remains limited due to inconsistent diversion practices, weak inter-agency coordination, insufficient rehabilitation and reintegration facilities, and a limited understanding of restorative justice among law enforcement officials. Social stigma and the complex socio-economic background of children further hinder reintegration efforts. This study emphasizes that effectiveness should be measured through rehabilitative outcomes rather than punitive indicators and recommends strengthening restorative justice training, harmonizing SPPA implementation with the Criminal Code, enhancing institutional coordination, and expanding community-based prevention and reintegration programs to ensure child protection and sustainable public safety.
Legal Analysis of Female Circumcision in The Context of Legal Pluralism in Indonesia Hasmita, Debby; Ropii, Imam; Putra, Marsudi Dedi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8550

Abstract

This study aims to analyze legal regulations on female circumcision practices from the perspective of legal pluralism in Indonesia and examine the legal implications for women's health protection. The research method used is normative legal research with a qualitative approach, based on the analysis of legislation, legal literature, and expert opinions. The approaches used include a statutory approach, a conceptual approach, and a case approach to examine the relationship among state law, religious law, and customary law regarding the practice of female circumcision. The results of the study show that the Indonesian government, through Law No. 17 of 2023 concerning Health and Government Regulation No. 28 of 2024, has prohibited female circumcision as a form of protection of human rights and reproductive health in accordance with WHO recommendations. However, the practice of female circumcision is still found in society in symbolic and traditional forms, which are considered part of the values of purity and moral obligations. Differences in perception between state law, religious law, and customary law pose challenges in policy implementation. Clarity on the legal boundaries between permissible and prohibited forms of circumcision is necessary to ensure the protection of women and children without causing social resistance in the community.
Criminological Aspects Of The Crime Of Murder Committed By A Child Against Biological Parents : (Study of Decision Number 3/Pid.Sus-Anak/2022/PN Bnt) Hutasoit, Ferry Fridolind; Sulistyawati, Sri; Pakpahan, Kartina
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8922

Abstract

This study examines the crime of murder committed by children against their biological parents (parricide) by focusing on the analysis of Decision Number 3/Pid.Sus-Anak/2022/PN Bnt from the perspective of criminology and Indonesian criminal law. The research method used is a normative juridical case study approach, based on the analysis of court decisions, laws and regulations, and criminological doctrines and theories. The results of the study showed that a combination of internal and external factors, such as prolonged family conflicts, domestic violence, psychological distress, emotional instability of children, and weak family supervision and parenting functions, influenced the occurrence of parricide. From a legal perspective, law enforcement against child offenders has referred to the provisions of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, emphasizing the principles of child protection and rehabilitative punishment. From a criminological perspective, this case reflects the failure of the family as the main social environment. Therefore, comprehensive prevention efforts are needed to strengthen the role of the family, promote character education, and implement psychosocial interventions to prevent the recurrence of similar crimes.

Page 1 of 1 | Total Record : 8

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 1 (2026) Vol. 7 No. 2 (2025) Vol. 7 No. 1 (2025) Vol. 6 No. 2 (2024) Vol 6 No 2 (2024) Vol 6 No 1 (2024) Vol. 6 No. 1 (2024) Vol 5 No 2 (2023) Vol. 5 No. 2 (2023) Vol 5 No 1 (2023) Vol. 5 No. 1 (2023) Vol 4 No 2 (2022) Vol. 4 No. 2 (2022) Vol 4 No 1 (2022) Vol. 4 No. 1 (2022) Vol. 3 No. 2 (2021) Vol 3 No 2 (2021) Vol 3 No 1 (2021) Vol. 3 No. 1 (2021) Vol 2 No 2 (2020) Vol. 2 No. 2 (2020) Vol 2 No 1 (2020) Vol. 2 No. 1 (2020) Vol 1 No 2 (2019) Vol. 1 No. 2 (2019) Vol 1 No 1 (2019) Vol. 1 No. 1 (2019) More Issue