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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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IMAM SYAFI'I'S PERSPECTIVE ON DEBT SETTLEMENT WITH PARKING LAND MANAGEMENT RIGHTS ASSURANCE (Case Study of Medan Perjuangan, Medan City) Rambe, Rachmat Husein; 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.v5i1.2727

Abstract

The Medan Perjuangan community has a practice of disputed debts, but they are unable to pay off these debts, so they provide guarantees in the form of parking space rights as collateral for their debts. The purpose of this research is to respond to the author's main problem formulation, which is the settlement of debt disputes with guaranteed rights to manage parking areas from the perspective of Imam Syafi'i. In this study, a qualitative method was used to analyze Imam Syafi'i's perspective and how Islamic law views debt settlement transactions with guaranteed rights to manage parking lots in Medan's battlefield. According to the findings of this study, in Medan Perjuangan, Medan City, debtors with good intentions to settle their credits can settle their disputes over problematic receivables amicably, and the method used to settle these debts is seen as better than other alternative settlements by providing guarantees in the form of parking space rights in battlefield because the debtor does not have the ability to pay off.
Prinsip Akuntabilitas dan Partisipasi dalam Pengelolaan Dana Desa di Desa Buncu Kecamatan Sape Kabupaten Bima Imaduddin, Imaduddin; Salomo, Roy Valiant
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.v5i1.2790

Abstract

This study aims to analyze the principles of good governance in managing the 2022 Village Fund in Buncu Village, Sape District, Bima Regency. Researchers use Buncu Village because it has the status of an underdeveloped village category with a developing village index of 0.5776. In addition, this village is unable to achieve the realization of Village Funds in 2022. This research focuses more on two important principles based on the factual problems found, namely the principle of accountability and the principle of community participation. The research method used in this research uses descriptive qualitative research. Data collection techniques are carried out by conducting documentation studies and. The results of this study indicate that accountability in managing Village Funds in Buncu Village is not in accordance with Permendagri No. 20 of 2018 concerning reporting and accountability mechanisms, but in general it has been carried out properly. In terms of the principle of planning participation, the Buncu Village Government has also implemented the principle of participation because every RKPDes preparation always involves the community. In addition, in terms of implementing participation, the people of Buncu Village are voluntarily involved in village development.
Tinjauan Kitab Undang-Undang Hukum Pidana (KUHP) Baru 2023 Malau, Parningotan
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.v5i1.2815

Abstract

The purpose of this research is to examine the new Criminal Code (KUHP) introduced in 2023. The research methodology used is a juridical-empirical approach, employing a descriptive research design to provide an overview of the newly enacted KUHP by the President on January 2nd, 2023. The problem-solving approach in this study is descriptive, aiming to describe and analyze the new KUHP. To address the research problem, secondary data analysis was conducted through an extensive review of literature, including relevant legal materials and legislation. The research then proceeded to analyze the collected data using qualitative methods, drawing insights from the existing literature and legal provisions. The findings of this research indicate that the endorsement of the new KUHP by the President and the People's Consultative Assembly (DPR RI) marks a significant milestone in the development of the criminal justice system in Indonesia. With these changes, it is expected that law enforcement will become more effective, justice will be better upheld, and human rights will be protected more comprehensively. Looking towards the future, the amendments to the KUHP should continue to address emerging challenges to remain relevant and provide significant benefits to Indonesian society. In conclusion, the enactment of the new KUHP is a crucial step in strengthening the criminal justice system in Indonesia. However, effective implementation, monitoring, and periodic review remain challenges that need to be addressed. Through the commitment and collaboration of all stakeholders, it is hoped that the new KUHP will serve as an effective instrument in promoting justice, protecting human rights, and enhancing law enforcement in Indonesia.
THE LAW OF TERROR ACCORDING TO THE QUR'AN SURAH AL-ANFAL, VERSE 60 (Responding to the Phenomenon of Terror in Indonesia) Zuhri, Ahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.3076

Abstract

Understanding related to the values of jihad can be misunderstood, so that it can lead to the wrong context, which leads to an act of terrorism. The real impact can be witnessed through acts of terrorism that have occurred in Indonesia. The actions that took place had a negative impact on people's lives in Indonesia, which created a feeling of fear, anxiety, and worry. This research is included in the qualitative research category with the aim of analyzing the terror law based on Al-Anfal verse 60, which is associated with the terror phenomenon that occurred in Indonesia. The research method approach uses a literature study approach that comes from interpretations and related references. The results of the research show that the phenomenon of terror that occurs is caused by a misunderstanding in the context of the form of jihad and the values of martyrdom, which are often used as an excuse for carrying out acts of terror. So that terror and acts of terrorism are contrary to Islamic teachings. Although the terms "terror" and "terrorism" may not be explicitly mentioned, the values and principles contained in the Quran provide a basis for the conclusion that terror and terrorism are forbidden in Islam.
Review of The Concept of Intercession of The Qur'an on The Day of Judgement Zuhri, Ahmad
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.v4i2.3077

Abstract

The word "syafa’a" (intercession) refers to Allah SWT's generous display of grace in the form of assistance. Intercession on the last day is the most expected part of every human being. Specifically, giving intercession can be analogized as a request to get good and avoid evil. One of the classifications of intercession on the Day of Judgement is intercession. The group of people who get this intercession are people who have a heart that is firmly attached to the Al-Qur'an, making the Al-Qur'an a guide, leader, and guide in their lives. The review of the concept of intercession in the Qur'an given by Allah SWT will be analysed using a descriptive qualitative approach based on several literatures, laws, and opinions of the scholars. The data used in this research refers to the hadith of the Prophet, quotations from Al-Quran verses, and reviews of the opinions of scholars who are oriented towards the intercession of the Qur'an. The results of the research show that intercession in the Qur'an is a gift from Allah, and only He has the full power to give intercession to whoever He wants. Syafa'at is not an absolute guarantee or an opportunity to commit sins, but is a mercy from Allah that can benefit those who are pleased with Him.
Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung Ridwan, Muhammad Basitur; Hapsari, Ifahda Pratama
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.v5i1.2436

Abstract

The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.
General Election (Election) As an Implementation of The Constitution in A Country with A Democracy System Hudhaibi, Hasan Aulia
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.v5i1.2682

Abstract

This research discusses the implementation of democracy in Indonesia through its governmental and constitutional systems. The main focus of this study is on the role of the constitution, particularly the 1945 Constitution of the Republic of Indonesia, in conducting General Elections (Pemilu) as one of its constitutional mandates. This research adopts a descriptive-analytical approach to analyze how democracy is applied in the governance practices of Indonesia. Through an examination of the constitution's content and its historical development, this study identifies that the founders of the Unitary State of the Republic of Indonesia agreed to draft a written constitution, namely the 1945 Constitution. This constitution aims to guide the administration of the state in accordance with the people's aspirations, to establish good governance, and to support the enforcement of democracy and human rights. The research also explores the role of elections within the constitution as a vital mechanism for political participation. Elections are regarded as instruments to provide legal certainty in their implementation, ensuring fairness for all parties involved. In this context, the research concludes that Indonesia, as a democratic country, is an ideological and factual statement that cannot be denied. This research provides a deeper understanding of how the implementation of the constitution and elections plays a significant role in safeguarding and advancing democracy in Indonesia. The findings of this study are expected to contribute to the ongoing debates and further developments regarding political governance and democracy in Indonesia.
Criminal Liability for Corporate Crime in Indonesia Sari, Nur Khalifah Agustin
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.v5i1.2687

Abstract

Criminal liability for corporate crime in Indonesia has become a topic of increasing interest and importance in recent years. The issue is particularly relevant given the rapid growth of the Indonesian economy and the expanding role of corporations in the country's development. The purpose of this abstract is to provide an overview of the current legal framework in Indonesia for holding corporations criminally liable for their actions, as well as to examine some of the challenges and opportunities associated with enforcing corporate criminal liability in practice. The main sources of corporate criminal liability in Indonesia are the Criminal Code and the Law on Limited Liability Companies. Under these laws, corporations can be held criminally liable for a wide range of offenses, including corruption, environmental crimes, and labor violations. However, the legal framework for corporate criminal liability in Indonesia is still relatively new and untested, and there are a number of challenges to effective enforcement, including limited resources and capacity within law enforcement agencies. Despite these challenges, there are also opportunities for improving the enforcement of corporate criminal liability in Indonesia. For example, recent efforts by the government to strengthen anti-corruption measures and improve transparency and accountability in the business sector have the potential to create a more favorable environment for enforcing corporate criminal liability. Additionally, there is growing awareness among both the public and private sectors of the importance of corporate social responsibility and ethical business practices, which could help to promote greater compliance with the law. In conclusion, while there are challenges to enforcing corporate criminal liability in Indonesia, there are also opportunities for improving the legal framework and enhancing enforcement efforts. The successful implementation of corporate criminal liability will require a collaborative effort between the government, law enforcement agencies, and the business sector to ensure that corporations are held accountable for their actions and that the rule of law is upheld.
Tanggung Jawab Notaris terhadap Akta Perjanjian Pengikatan Jual Beli yang Tidak Sesuai dengan Harga Sebenarnya Hutama, Kristian; Priyono, Ery Agus
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.v5i1.2725

Abstract

Buying and selling land is the transfer of land rights from one person to another. This is often done because land has economic value. In a sale and purchase agreement, the object and price must be stated clearly. This is related to income tax (PPH) and exemption of rights. Ata Land and Building (BPHTB) this tax will arise with the transfer of land rights. This makes some people do not mention the actual price in the agreement to avoid the amount of tax that must be paid. This writing aims to know and describe the responsibilities of a notary in making a sale and purchase agreement. The writing method takes normative juridical, namely emphasizing the problems that are researched based on reality through related literacies. The notary is only tasked with making the contents of the agreement based on the agreement of the parties. In addition, the notary has tried to take preventive measures such as writing in detail, in detail and as completely as possible and for the legal consequences of the agreement it will not meet the objective requirements, namely a certain matter and a lawful cause because the price in the Sale and Purchase Agreement (PPJB) does not match at the actual price so that the deed is automatically null and void.
The Application of Restorative Justice in Civil Dispute Resolution: Potentials and Challenges in Indonesia Halim, 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.v5i1.2729

Abstract

The purpose of this study is to assist the community in handling cases. Settlement of civil disputes can be carried out through a trial process in court. The research method uses a descriptive qualitative research approach, namely research on natural objects from experiments. with observational data collection techniques, interviews. The results of the research description of the application of Restorative Justice in Indonesia are still limited and face various challenges, such as a lack of public understanding of the concept of Restorative Justice, limited resources, and a lack of support and coordination between institutions. The findings contribute to a deeper understanding of the possibilities and obstacles involved in integrating restorative justice approaches into the civil justice system in Indonesia. Recognized by society and the judiciary. There are challenges in the implementation of restorative justice, such as the lack of trained human resources and adequate facilities, so that improvements and development are needed so that restorative justice can be implemented properly.

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