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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 786 Documents
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Implementasi Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Bisnis Biro Travel Panggabean, Herman Daud; Badriyah, Siti Malikhatun
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.v5i1.2544

Abstract

Transportation business activities are often used by many people, and more and more times there are conflicts between sellers and buyers regarding cooperation in travel agency transactions related to promotions that are carried out online but are not in accordance with reality. To find out the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) related to business. And to find out the factors that influence the effectiveness of UUPK. The research method, namely normative juridical. The research approach is quantitative, data analysis techniques are data reduction, data presentation, and conclusions. The results of the research, that UUPK and UU no. 11 of 2008 concerning electronic information and transactions (UUITE) so that consumers can freely give their opinions. come to the LPKSM office for consultation. If the consumer gives power of attorney to LPKSM, LPKSM then makes a power of attorney which is signed and approved by the LPKSM consumer, an action that is carried out first with family efforts. Factors that influence the effectiveness of UUPK namely; The government is less responsive to community developments in electronic transactions, there are no regulations that technically provide protection to consumers against online transactions, business actors and consumers do not understand their rights and obligations. The conclusion from this study, LPKSM as an extension of the government has been active but there are no policies that technically regulate and protect consumers in electronic transactions, the factors that influence the effectiveness of the UUPK are the government which is less responsive, ignorance of consumers and business actors regarding their rights and obligations.
Penyimpangan Pelaksanaan Undang-Undang Nomor 40 Tahun 2007 dalam Pendirian Perseroan Terbatas Putri, Astuti Yudhika; Santoso, Budi
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.v5i1.2560

Abstract

The establishment of a limited liability company has its own conditions which have been regulated in law number 40 of 2007 regarding Limited Liability Companies, however, when someone is about to set up a company limited, there are some who deviate from the law that has been determined wrong one of which is the requirement for the establishment of a PT to be carried out by (2) two or more people, however, this is not regulated in the PT Law clearly regarding the requirements to become a shareholder so that in practice it often occurs irregularities where the use of shareholders nominee. Agreement nominee as a shareholder in PT is an agreement and or a statement confirming that share ownership in the limited liability company for and on behalf of another person. The Company Law does not regulate provisions the use of nominee shareholders so that it can trigger legal problems if shareholders nominee it is not in good faith
Legal Analysis of Development in Organizational Ambidexterity in Higher Education Institutions Harjono, Dhaniswara K.; Soebagio, Atmonobudi
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.v5i1.2565

Abstract

Ambidexterity plays an important role in organizational development, which influences national development. National development is a joint effort between the people and the state which is carried out in order to improve themselves in a better direction together. The aim of this research is to analyze the law of organizational amidecsterity development in higher education institutions. This research is part of a qualitative research using a systematic review approach. Systematic review is a method that uses previous evidence-based evidence through review, evaluation, structured evaluation, classification and categorization. The results of the research analysis show that the ambidexterity of higher education institutions is a model that integrates the performance determinants of classy higher education institutions, and proposes a commitment that is influenced by: (a) brand ambidexterity, which is explorative and exploitative oriented; (b) able to adapt to the social and economic environment; and (c) being responsive to students' perceptions of the university's brand image and reputation which will increase their commitment to their studies. The implication of this research is to provide an overview to higher education institutions so they can develop the concept of ambidexterity in the process of implementing higher education.
Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah Fashihuddin, Muhammad; Sj, Fadil; Izzuddin, Ahmad
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.v5i1.2588

Abstract

The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i
Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi Fachrozy, Dicky; Panjaitan, Budi Sastra
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.v5i1.2592

Abstract

The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.
Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen Purwanti, Cindy Mutiara; Zulham, Zulham
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.v5i1.2643

Abstract

This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.
Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu) Hasibuan, Eliza Hanum; Zahara, Fatimah
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.v5i1.2644

Abstract

This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.
Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal Ndokii, Pongki Paulus; Yunanto, Yunanto
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.v5i1.2646

Abstract

Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.
Pelanggaran Hak Kedaulatan bagi Rakyat Secara Sistematis dalam Parliamentary Threshold pada Pemilu di Indonesia Putri, Vanesa Ingka; Ayuningtyas, Vira; Mariyam, Yurike Siti; Syahida, Lubabah Shobrina
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.v5i1.2674

Abstract

Parliamentary threshold or parliamentary threshold is a threshold requirement for the acquisition of votes by political parties participating in the general election which aims to be able to send representatives to parliament. The existence of a parliamentary threshold is expected to provide a change to be able to accommodate all groups, but for political parties that have not been able to meet the requirements related to the parliamentary threshold, political matters for their legislative candidates will be eliminated. So this gives the impression that democracy in Indonesia has not been realized as it should be because people's sovereignty is determined by whether democracy is functioning or not. This research uses normative method. This study aims to describe how the systematic violation of people's sovereignty in the parliamentary threshold in elections in Indonesia. The results of this study are (1) People's sovereignty is the main source related to the power possessed by the state, but in this case the parliamentary threshold which is considered to be able to provide a change to be able to accommodate all groups is precisely the opposite of the concept of people's sovereignty and deprives human rights. human beings in terms of association or politics where in a democratic country the sovereignty of the people is an important element in it.
Implementasi Perlindungan Konstitusi dalam Hak Pendidikan bagi Kaum Disabilitas pada Sarana Pedidikan Perguruan Tinggi Negeri Islam Ananda, Arif Firdaus; Muchlisin, Ahmad; Albab, Mas Ulul
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.v5i1.2680

Abstract

The Indonesian people have equal rights in education, including disabled people. The realization of constitutional guarantees for the education of people with disabilities is strengthened by an additional legal basis in Article 10 of Law No. 8 of 2016 concerning disabilities. In Indonesia, this is still rare and may exist, but only in a few campuses, so it appears that there is neglect of the provisions contained in the constitution. This study aims to analyze the implementation of constitutional protection in the right to education for people with disabilities in educational facilities at Islamic State Universities. This research is a qualitative research with the type of empirical juridical case study related to the application of the law and constitution of this country to education for persons with disabilities in higher education. This research was conducted on the UIN Sunan Ampel Surabaya campus, precisely at the Faculty of Sharia and Law. The results of this study found that the existing rules and conditions in the field have not been implemented due to many factors, which in general are still related to the bureaucracy in this country.

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