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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 796 Documents
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Analisis Hukum terhadap Penolakan Perdamaian oleh Kreditur yang Diajukan Debitur pada Penundaan Kewajiban Pembayaran Utang Dahlan, Muhammad Fitratallah; Deviany, Oky; Aswan, Muhammad
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.v5i1.2650

Abstract

This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized. The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.
Reformulasi Paradigmatik Kedaulatan Sumber Daya Alam dalam Konstitusi Safiudin. R, Achmad
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.v5i1.2698

Abstract

The exploitation of natural resources (SDA) and environmental destruction is not just a problem that becomes a national issue, but regional and even global. In Indonesia, natural resource wealth is understood by the government as an important capital in the implementation of national development, so the unwise use of natural resources and the environment causes these natural resources to decline both in terms of quality and quantity. This is due to the construction of the mainstream of thought of sovereignty in the constitution so far has had an impact on minimal management resulting in the utilization of natural resources without regard to the principles of justice, democracy and the sustainability of natural resources functions and is often considered not based on the ideal conservation and productivity functions. The legal issues in this paper are (a) how is the dynamics of the paradigm of natural resources sovereignty in the constitution and (b) how is the paradigmatic reformulation of natural resources sovereignty in the constitution as an effort to converge in the development of the legal system. This research is within the scope of normative law through statutory approaches, case approaches and comparative legal systems approaches. The results of the research are theoretically expected to contribute ideas and enrich the repertoire of legal science, especially environmental law related to the problem of the management paradigm towards sovereign natural resources. Practically, it is expected to be useful as input material for policymakers.
Hybrid Contract Dalam Transaksi Syariah Perspektif Maqashid Syariah Setiawan, Setiawan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2719

Abstract

The complexity of modern economic problems today also demands flexibility in offering solutions to the problems faced. This has led to various Islamic banking businesses that were previously unknown but are now growing. Among the main points in creating Islamic banking and financial products to meet the needs of modern society is the development of Hybrid Contract. The main problem in this research is how maqashid sharia views the implementation of hybrid contracts in Islamic banking amidst the debate between scholars who are pro and contra. This research method uses a qualitative approach. Hybrid contracts or multi-contracts are addressed differently by scholars, but in contemporary business, especially Islamic banking, hybrid contracts are allowed on condition that they are carried out individually and not simultaneously. Hybrid Contract in the concept of maqāsid al-sharī'ah is a combination of contracts applied to many Sharia Financial Institutions as an effort to achieve contemporary business flexibility, make it easier for people to meet their needs, and efforts to achieve multidimensionality. The existence of Hybrid Contract is needed to meet the needs of transactions in this modern era. This is because sharia financial/business products experience very dynamic developments and "force" financial institutions to continue to follow the development of modern transaction models.
Wakaf According to The Quran and its Transformations in Indonesia's Contemporary Era Zuhri, Ahmad; Yumni, Aufah
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.v5i1.2739

Abstract

Objective: This article aims to reveal the meaning of waqf according to the Koran and its transformation in the contemporary era in Indonesia. Method: This research method uses Library Research whose primary focus is on library books and other literature. Based on the research objectives, it includes basic research, i.e. research to broaden and deepen theoretical knowledge. Result: This digital transformation is described as the total and overall effect of digitalization on society. Khan said that digitization has enabled the digitization process, which drives stronger opportunities to transform and change existing business capital, socio-economic structures, legal and policy measures, organizational patterns, cultural barriers, etc.
FIKIH MODERATION OF RELIGION ACCORDING TO THE QUR'AN (The Role of Religious Figures in Strengthening Religious Harmony) Zuhri, Ahmad; Yumni, Aufah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2745

Abstract

Religious moderation fiqh is an approach to the study of fiqh (Islamic jurisprudence) that emphasizes a moderate, balanced and tolerant understanding of Islamic teachings. which is indicated in the verses of the Koran. The concept of moderation in the Qur'an refers to an approach that avoids extremism, fanaticism and exaggeration (at-Tharruf ad-Dini) in dealing with religious issues. Jurisprudence of moderation promotes a complete and universal understanding that is in line with the principles of simplicity, tolerance, inclusivity and justice in understanding and practicing Islamic teachings according to the instructions and guidance of the Qur'an. In this study, the authors used library research, namely the research object, mainly commentary books and a little field approach. . Based on the objectives of this research, it includes basic research, namely research in order to broaden and sharpen theoretical knowledge and understanding. The results of the study found that religious moderation fiqh according to the Koran basically directs people to understand the deep meaning contained in the Koran regarding religious moderation as a whole and universal, not narrowly and textually. Many Muslim groups understand the text of the verses of the Koran superficially and textually, resulting in the emergence of a radical and extreme understanding that is not in accordance with the messages intended by the Koran itself. intact and universal verses of religious moderation will create harmony among religious communities, even among the religions themselves.
Tinjauan Hukum Pemberian Upah Pada Buruh Dibawah Upah Minimum Provinsi Aprilsesa, Tri Dian; Tahir, Muhammad; Aminah, Siti; Marnita, Marnita
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.v5i1.1997

Abstract

Getting a decent job and livelihood is a basic right of every citizen as a citizen that must be obtained. In its implementation, it cannot be denied that there are problems in employment, one of which concerns wages. However, in principle employers are prohibited from paying wages to workers/employees lower than the minimum wage. The purpose of analyzing the implementation of the provision of the minimum wage is expressly regulated in Article 23 paragraph (3) of Government Regulation Number 36 of 2021 concerning Wages as the Implementing Regulation of Law Number 11 of 2020 concerning Job Creation. If in the agreement, the wages paid are found to be lower or contrary to laws and regulations, the agreement may be null and void and the wage arrangements are carried out in accordance with the provisions of laws and regulations. The research method is normative juridical to analyze data by means of literature studies on secondary data which specifically discusses the norms contained regarding the Minimum Wage Provisions. Obstacles in the application of wages, both the UMP (Provincial Minimum Wage) and the UMK (Regency/City Minimum Wage), namely lower and middle-level companies that are unable to carry out the provisions of the UMP and UMK provisions themselves so that there is a gap between workers and companies. Even though the UMP is smaller than the UMK, there are small and medium-sized companies that are unable to provide good wages to workers according to the stipulations of the UMP. The welfare of workers in Indonesia has always increased from time to time because the magnitude of the increase in the minimum wage as a whole is lower than the increase in the price of the minimum necessities of life, so that workers cannot live a decent life.
Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan Aprilio, Zulfikar Madyasta; Silviana, 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.v5i1.2457

Abstract

The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.
Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises Widiarty, Wiwik 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.v5i1.2543

Abstract

Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.
Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup Pratama, T. Andana Harris; Ali, Muhammad; Fadil, Fadil
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.v5i1.2672

Abstract

This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.
Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam Daharis, Ade; Putra, Deri
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.v5i1.2492

Abstract

The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.

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