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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 753 Documents
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Akibat Hukum Perjanjian Al-Khalaf Al-Khash dalam Praktik Jual Beli Sepeda Motor dengan Sistem Indent Winih, Titik Sri; Hanifuddin, Iza
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2126

Abstract

Along with the number of dealers standing in Ponorogo district. In this context, MPM Ponorogo dealers provide various facilities and conveniences to the community, so that this convenience makes the lower middle class interested in owning a motorcycle with purchases on credit or cash. In this case, the purchase of a motorcycle with an indent system is in great demand by the public because of the easy indent requirements by paying a down payment of less than 1,000,000 can already carry a motorcycle. The purpose of this study is to find out how the legal consequences of agreements with the indent system. The research method used is to use qualitative methods, using descriptive analysis methods. The legal consequences in the practice of buying and selling motorcycles with an indent system are contained in article 1338 of the Civil Code paragraphs (1), (2), (3), while the seller's obligation in delivering goods to the buyer is contained in article 1417 of the Civil Code. And for the validity of data in the practice of buying and selling motorcycles with an indent system, it has also been regulated in article 1320 of the Civil Code, which is one of the conditions for the validity of the agreement.
Eksekusi Objek Hak Tanggungan yang Dijaminkan Kepada Pihak Ketiga Tanpa Persetujuan Kreditur Marwa, Radisty Wensy; Susetyo, Heru
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2156

Abstract

This study intends to examine the execution of the objects of mortgages that is guaranteed under-hand to a third party without creditor’s approval. The research method used in this research is normative juridicial. There are three types of execution that are regulated in Undang-Undang Hak Tanggungan. The results of the study concluded that in terms of mortgage objects that are guaranteed under-hand to a third party, Bank Nagari gives a warning letter, legal notice, and file a lawsuit in court. That mortgages objects do not have the legal power and considered to never existed as the legal consqeunces.
Kewenangan Mengadili Dalam Penyelesaian Perkara Kepailitan dan Penundaan Kewajiban Pembayaran Utang Perbankan Syariah Kartika, Sahnaz; Harahap, Muhammad Yadi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2195

Abstract

The Religious Courts are the only legal institution authorized to resolve sharia economic disputes, based on Law Number 3 of 2006 concerning Religious Courts. This is also supported by Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. However, there are still many sharia business/shariah banking cases in commercial courts where legal submissions are tug-of-war in a dichotomy between the absolute competence of the Religious Courts and submission to the authority of the commercial court within the district court environment. So that there is regulatory disharmony and legal uncertainty regarding jurisdictional decisions in bankruptcy cases of Islamic economic institutions. This research method uses normative research by examining legal materials related to bankruptcy and PKPU. The results of the study indicate that it is necessary to unify and harmonize regulations that specifically regulate the settlement of sharia bankruptcy cases so that there are no jurisdictional conflicts between the Religious Courts and the Commercial Courts. Legal consequences if the bankruptcy case of Islamic banking is still filed at the Commercial Court, there will be coercion of the substance of sharia economic law to become conventional economic law, so that the settlement of the dispute is not in sync with the contract and the concept of settlement of cases which prioritizes business concepts and business continuity rather than fairness and certainty. substantive.
Peran Lembaga Alternatif Penyelesaian Sengketa (LAPS) dalam Penyelesaian Sengketa Margin Trading Novita, Dwi; Mujib, Abdul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2206

Abstract

The background of this research is that the capital market is also able to provide real benefits for investors, where in the capital market, parties who have excess funds can meet with parties who need funds with certain agreements so that mutually beneficial reciprocity occurs, one of the parts is margin trading. Basically, no one wants disputes with other people. However, in a business relationship or an agreement, each party must anticipate the possibility of a dispute arising at any time in the future, especially in the world of capital markets, so what is the margin trading system like? and what is the role of the Alternative Dispute Resolution Institution (LAPS) in resolving margin trading disputes? on the capital market dispute itself. The type of research used in this study is library research, which is a study whose data sources are obtained from written sources, including books, laws, journals, encyclopedias, the internet, and other written works related to object under study. The approach used in this research is normative juridical, namely studying and testing secondary data in the form of positive law. This research yields, first, margin trading is capital for investors to gain greater profits through stocks that are rising in value when they themselves do not have enough funds to buy. In addition, they will also be charged interest on the loan. In the event of default or default, the consequence is that share ownership is automatically liquidated to cover losses. One of them is forced selling. Second, in the realm of civil law, there are several ways of resolving disputes which in general are through litigation (using formal court channels) and through alternative dispute resolution.
RETRACTION: Tanggung Jawab Instansi Pemerintah sebagai Subjek Hukum dalam Pengembalian Kerugian Negara Siagian, Lowrenszya; Erliyana, Anna
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2330

Abstract

This article was withdrawn due to indications of plagiarism. the author's statement about this is in the PDF statement
Analisis Hukum Penelantaran Tanah Girik dan Pembuatan Sertifikat Oleh Pihak Lain Serta Upaya Penyelesaian Sengketanya Gemilang, Kharisma
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2337

Abstract

This study aims to find out what factors cause the large number of Girik lands to be abandoned by their owners and can be certified by other parties, to find out the legal status of abandoned Girik lands when they have been certified by other parties, and to find out the efforts to resolve disputes over Girik lands which have been certified by other parties. other. For this reason, the research method used is a type of qualitative research using a descriptive analysis method which applies a literature study approach accompanied by observations of something that happens in society. There are many factors that have caused this neglected land to be certified by other parties, because it has been neglected, because land administration has been less orderly, because of legal uncertainty. Awareness for landowners to cultivate their land and legal certainty in matters of land is urgently needed.
Perspektif Hukum Dalam Penanganan Pandemi Covid-19: Studi Komparatif di ASEAN-5 Widiantoro, Andri; Astutik, Sri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2405

Abstract

Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.
Peran Serta Masyarakat Dusun Vatutela Kelurahan Tondo Kota Palu Terhadap Pelestarian Kawasan Hutan Lindung (Suatu Kajian Dari Aspek Hukum Kehutanan) sari, Dewi kemala; Uddin, Abdul Karim; Hafid, Abdul Rahman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.1910

Abstract

Communities in and around the forest have the right to obtain a life that the forest produces, in addition to this right the community can also utilize the forest and forest products in accordance with applicable laws and regulations, such as knowing forest allotment plans, forestry information, providing information, suggestions, considerations in forestry development, and supervise the implementation of forestry development either directly or indirectly. This research is empirical research, namely research obtained from experience, and information obtained from direct interviews with various sources and related agencies. The role of the community is carried out to increase awareness in protecting and managing the environment, increasing independence, community empowerment, and partnerships, developing community capabilities and pioneering, developing community responsiveness to carry out social supervision; and develop and maintain local culture and wisdom in the context of preserving environmental functions.
Relevansi Regulasi Pertambangan Internasional dengan Penanganan Covid-19 di Indonesia Nasir, Melisa; Hardianti, Inas; kholiyah, Elmi; Fitriani, Fitriani; Tobing, Imanuel CML
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2073

Abstract

Pressure on the mining industry was caused by global mining activities which experienced disruptions to the demand for and sales of mining materials during the COVID-19 pandemic. The consequences of these events affected world mining production. The purpose of this article is (1) Many small people in the world have not applied the principles of "good mining practices" (2) Unlicensed Mining (PETI) in Indonesia has not paid attention to the National Law and the Principles of Sustainable Development (3) Unlicensed Mining Policy During the Covid-19 Pandemic. The result of this scientific work is that small-scale gold mining using mercury and cyanide has been practiced internationally, namely in America, Australia and several other countries since the 1800s. In North America, gold rush activities, 180 years ago, were concentrated in the California region. A total of 2,471 Indonesian locations, namely mining for both minerals and coal, were carried out without permits, in this case, Unlicensed Mining (PETI). The state, government and all stakeholders are obliged to protect and manage the environment in the implementation of sustainable development so that the Indonesian environment can remain a source and support for life for the Indonesian people and other living things.
Kedudukan Hukum dalam Mewujudkan Keadilan dan Kesejahteraan di Indonesia Nasir, Melisa; Khoiriyah, Elmi; Pamungkas, Bagus Priyono; Hardianti, Inas; Zildjianda, Raesitha
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2084

Abstract

The purpose of law itself includes three values, namely, the value of justice, expediency, and legal certainty. But unfortunately, actual practice in the world of law often does not emphasize all values ​​and tends to forget one importance. Therefore, an understanding has arisen that justice is the most critical value in direction. The purpose of this paper is to find out the concept of justice in the rule of law in Indonesia and describe the position of law that can create an ideal legal system in Indonesia so that the context of the welfare State Can Be Realized. The research method used is a descriptive analysis which leads to normative juridical research, namely research conducted by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The role of the law in realizing people's welfare must be seen in the fabric of the law in the moral integrity of law enforcement officials.

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