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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786 Documents
<![CDATA[Bentuk Host Control dan Perlindungan Hukum Bagi Penanaman Modal Asing Pasca Diterbitkannya UU Cipta Kerja di Indonesia ]]>
<![CDATA[Anwar, Azhar Rahadiyan]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2290
<![CDATA[Indonesia is believed as one of the top of Emerging Market In The World. it is believed that Indonesia could be big as BRIC (Brazil, Rusia, India, China) in term of Emerging Market and Developing Economies. Unfortunately in early 2020 spesifically March 2020, COVID-19 had emerge from china which made a big panic not only for Indonesia but The World. One of the negative impact that arise from this Pandemi COVID-19 is the economic depression including the foreign direct investment. The depression of foreign direct investment affect significantly to the economic growth of a country which include Indonesia. One of the Idea of Indonesia Government as the authorize power to keep this matters in check was to simplify regulation regarding the Foreign Investment which led to the issuance of Law no. 11 of 2020. In this research, the issue that will be discussed are the the importace of Indonesia Government to control Foreign Investment.]]>
<![CDATA[Perlindungan Hukum Seorang Anak Sebagai Pemohon Dispensasi Kawin Pasca Revisi Undang-Undang Perkawinan ]]>
<![CDATA[Putra, Yoga Abiansyah Dwi]]>;
<![CDATA[Yunanto, Yunanto]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2403
<![CDATA[In general, those who apply for a marriage dispensation are the parents or guardians of the child as in Article 7 paragraph (2) of Law No. 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, when the petitioner are often minors where they are legally incompetent. This study aims to find out how the legal protection of minors as a marriage dispensation petitioner after the revision of the Marriage Law and the judge's efforts in determining the marriage dispensation application where the Petitioner is a child. The research method used is a normative juridical approach with library research data collection techniques from secondary data and field studies using interview techniques from primary data. The results of the study indicate that legal protection for minors as petitioner for marriage dispensation after the revision of the Marriage Law has not been maximized because there is still a legal void, it is necessary to make written rules from the government that can guarantee legal certainty. Efforts that can be made by judges to determine cases of this kind are judges making legal discoveries while still prioritizing the best interests for children.]]>
<![CDATA[Kajian Hukum Terhadap Bahaya Pengumpulan Informasi Rekayasa Sosial Melalui Fitur Add Yours Instagram ]]>
<![CDATA[Novitasari, Nanda Silvia]]>;
<![CDATA[Tantimin, Tantimin]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2420
<![CDATA[The development of information technology has changed human behavior and increased performance and productivity because it allows various activities to be carried out quickly, precisely, and accurately. As technology develops, the use of social media is also growing. The Addyourss feature on Instagram Stories is based on user-generated content and should positively impact broader engagement on Instagram; however, in Indonesia, this feature is abused by irresponsible parties, causing problems. Fraud and misuse of personal identity. This study is designed to analyze legal research on the dangers of collecting information on psychological manipulation by adding your Instagram capabilities and to analyze the extent to which the government provides legal protection for personal data against data misuse, personal data on social media platforms based on the ITE Law and what legal actions what victims can do about misuse of personal data on social media platforms. This qualitative research uses the natural environment to explain what happened and was carried out by involving existing methods. The findings of this study indicate that legal protection of personal data against misuse of personal data on social media platforms still needs to be improved and comprehensive. Establishing a clear and comprehensive law is urgently needed to identify clear steps in using personal data to provide legal certainty for protecting public personal data. According to the law, legal action for victims of misuse of personal data on social media platforms is still limited to filing lawsuits and demanding administrative penalties.]]>
<![CDATA[Kajian Hukum Penerapan Ketentuan Hukuman Mati dalam Undang-Undang Tindak Pidana Korupsi ]]>
<![CDATA[Ginting, Grenaldo]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2442
<![CDATA[Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates "in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: "Indonesia is a state based on law". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.]]>
<![CDATA[Tinjauan Yuridis terhadap Bidan yang Memperdagangkan Obat Substandar dalam Perspektif Hukum Pidana dan Hukum Pidana Islam (Studi Putusan Nomor 1406/Pid.Sus/2020/PN Mdn) ]]>
<![CDATA[Hasyim, Nafa Fadhilah]]>;
<![CDATA[Panjaitan, Budi Sastra]]>;
<![CDATA[Ramadani, Ramadani]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2462
<![CDATA[Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[Administrative Transparency in Libya's Ministry of Health from An Islamic Perspective: Challenges and Determinants ]]>
<![CDATA[Henaish, Abdulhamid Mesbah]]>;
<![CDATA[Lubis, Asmuliadi]]>;
<![CDATA[Wahab, Mohd Abdul]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2480
<![CDATA[The issue with the research is that it attempts to examine the administrative openness of the Libyan Ministry of Health from an Islamic point of view. The purpose of this research is to determine, from an Islamic point of view, how transparent the administrative processes of the Libyan Ministry of Health are. The objective also is to determine the factors that contribute to administrative openness as well as the obstacles that stand in the way of administrative transparency. The technique that was used in this research was an analytical descriptive one, and it was aimed at describing and analysing the administrative transparency of the Libyan Ministry of Health from an Islamic view. The findings demonstrated that the Islamic viewpoint of administrative openness centered on honesty and the practical application of the principles of honesty and integrity for the purpose of appeasing Allah. According to the findings of the research, established norms of administrative openness should be rapidly agreed upon and implemented in all institutions under the jurisdiction of the Libyan government. ِ The implications of study indicates the Islamic perspective of administrative transparency on the ministry of health in Libya.]]>
<![CDATA[A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia ]]>
<![CDATA[Novri, Novrianti]]>;
<![CDATA[Amboro, Florianus Yudhi Priyo]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2488
<![CDATA[The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.]]>
<![CDATA[Tinjauan Yuridis Pelaksanaan Eksekusi Lelang pada Perjanjian Kredit Macet dengan Hak Tanggungan ]]>
<![CDATA[Jannah, Masitoh Miftahul]]>;
<![CDATA[Badriyah, Siti Malikhatun]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2493
<![CDATA[Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive. The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.]]>
<![CDATA[Tinjauan Yuridis Kasus Persamaan Merek Poskota dan Poskotaco (Studi Kasus Putusan No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst) ]]>
<![CDATA[Rahma, Arina Nafida]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2494
<![CDATA[Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.]]>
<![CDATA[Akibat Hukum Terhadap Notaris Yang Membuat Akta Diluar Wilayah Jabatan Notaris Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris ]]>
<![CDATA[Rizky, Fahim Muhammad]]>;
<![CDATA[Aminah, Aminah]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2513
<![CDATA[This writing aims to determine the legal consequences of a notary when making a deed outside the territory of his office. In this study, the authors used normative data collection techniques carried out by conducting a library search and supported by primary raw materials in the form of applicable laws and regulations, and secondary raw materials in the form of books, articles, and magazines, Pasal 17 letter a Law of The Republic of Indonesia Number 2 of 2014 concerning the Position of Notary. Determining “Notaries are prohibited from carrying out positions outside their territory of office” is in line with the prohibition of notaries making deeds outside their working area. If a notary draws up a deed outside his territory of office, he will be subject to sanctions contained in Pasal 17 Paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary.]]>
