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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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Perlindungan dan Pendampingan Hukum Kekayaan Intelektual dalam Pendaftaran Merek Dagang bagi Pelaku UMKM di Desa Cililin Gunawan, Gunawan; Putra, Egi Rizki Maulana
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.v5i1.2732

Abstract

The existence of MSMEs is considered to have a very important role in the economy in Indonesia because in its expansion there are more and more MSMEs activists in Indonesia and every year it increases quite significantly, especially in the Cililin village itself, with the presence of MSMEs, many jobs are open to the community. Trademark registration for MSME business actors is now very important, because there are many cases of trademark dispute lawsuits that occur in MSME business actors, this is very detrimental for business actors, but there is a lack of public understanding of registration of intellectual trademark rights which is considered difficult to register, even though in reality. This study aims to provide insight into the importance of registering trademarks and also to help SMEs to be able to register their trademarks into the system of the Directorate General of Intellectual Property. This study used the direct service observation method and data collection using interview, observation, and documentation techniques. The condition of MSMEs in the Cililin Village area itself still lacks support or assistance from local government officials where there are still many MSMEs, almost 70% have not registered their own trademark rights due to the lack of support or encouragement from the local government to socialize the importance of registering trademark rights. However, with this research, researchers helped MSME activists who did not understand the online application procedure, as well as the limited time that MSME activists had because apart from being entrepreneurs, MSME activists also had to be housewives. By assisting MSME activists in registering their trademarks, this activity can provide a number of benefits to MSME activists, including providing encouragement, support and legal protection for the businesses they own.
Legal Protection for Shopee Paylater Users Experiencing Bad Credit under Law Number 8 of 1999 concerning Consumer Protection. Kurniasih, Dedeh
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.v5i1.2753

Abstract

The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions.
Implikasi Kebijakan Pengelolaan Pertambangan Batubara Terhadap Eksistensi Masyarakat Hukum Adat Di Samarinda Yulianingrum, Aullia Vivi; Nurfadillah, Mursidah; Riziq, Sayid Muhammad; Novitadiningrum, Adinda
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.v5i1.2826

Abstract

Implementation of Undang-Undang Cipta Kerja and Undang-undang Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is considered by the Government as a form of policy for managing mining business activities which in fact has a significant impact on environmental damage and the existence of indigenous peoples around the coal mining area. This study aims to describe the implications of coal mining management policies for the existence of indigenous peoples in Samarinda. The research method used is legal research with a qualitative non-doctrinal approach, with the research location in Pampang Village, Samarinda. The data collection techniques are in the form of interviews and observations by purposive sampling. The results of the study show that natural resource policies provide too much convenience for investors, thus creating implications for the existence of customary law and management of business licenses that are out of control. In conclusion, the impact of environmental damage is so great that it is necessary to deregulate and de-bureaucratize the granting of mining business permits to prevent the extinction of customary values ​​and the existence of indigenous and tribal peoples.
Kebijakan Penanggulangan HIV/Aids dalam Perspektif Health Policy Triangle Analysis di Kota Surabaya Hanifah, Lailatul; Kriswibowo, Arimurti
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.v5i1.2827

Abstract

Surabaya City is the highest case of HIV/AIDS cases in East Java. This is a special concern for the Surabaya City government to handle this health case so that it does not spread more widely.. This study aims to describe and explain HIV/AIDS Prevention Policy in the Perspective of the Health Policy Triangle Analysis in the City of Surabaya.The type of research used in this research is descriptive qualitative. The research was conducted at the Surabaya city health office, community health centers and NGOs concerned with HIV/AIDS in the city of Surabaya. The results showed that (1) the actors involved in this treatment, care and support effort were the Surabaya City Health Office, UPTD Community Health Centers, Hospitals, Case Managers (MK), PLWHA, and NGOs. (2) the contents of the HIV/AIDS prevention policies in the city of Surabaya that have been implemented include ARV Treatment, Opportunistic Infection Monitoring (OI), Viraload Testing, Home Care, Supplementary Feeding (PMT), and Care Givers. (3) the context of the HIV/AIDS prevention policy in the city of Surabaya is a solution to an increase in the number of HIV/AIDS as well as guidelines for the prevention of HIV/AIDS in the city of Surabaya, although there are still problems namely the community's stigma against PLHIV which causes non-compliance of PLHIV in carrying out treatment in PDP services. (4) the process of implementing HIV/AIDS prevention policies in the city of Surabaya has been running well in accordance with the provisions of the regulations. The Surabaya city government has provided 43 PDP services as a referral for ODHA in carrying out treatment and care.
Legal Effectiveness of The Pancasila Ideology Development Agency (BPIP) in Giving Recommendations About Regulations that Conflict with Pancasila Values Hanafi, Anshari Ahmad Syah; Irwansyah, Irwansyah; Aspan, Zulkifli
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.v5i1.2831

Abstract

This study aims to explain the legal effectiveness of BPIP's recommendations on statutory regulations that are contrary to Pancasila values and the main factors that are internal obstacles to BPIP institutions. This type of research uses normative-empirical research. This type of research uses secondary data (from the library) and is supported by primary data based on field research, such as observations, interviews and surveys. Using a normative/juridical approach and a philosophical/ideal values approach. The results of this study are that the implementation of the duties and functions of the BPIP in providing recommendations on regulations that conflict with Pancasila values or the institutionalization of Pancasila values in a product of current legislation is not fully effective due to various influencing factors, including the weak institutionalization of Pancasila values in political institutions. , economic, and socio-cultural, and lack of consistency in making Pancasila the source of all sources of state law in the formation of statutory regulations, BPIP with its duties and functions can provide recommendations on statutory regulations that are contrary to the values of Pancasila but need to be strengthened again the form of the recommendation so that it is final and binding, bearing in mind that the recommendation policy issued by BPIP is only in the form of written input on the contents of regulations or laws that are not in line with Pancasila values.
Desain Lembaga Peradilan Sengketa Pemilihan Kepala Daerah di Indonesia Untuk Mewujudkan Keadilan Demokrasi dan Keadilan Konstitutional Susilo, Tri
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

Abstract

The implementation of direct regional head elections has been going on for two decades. The problem so far is the dispute resolution institution, until now the regional head election dispute settlement in Indonesia is still divided into several institutions such as the General Election Supervisory Board, the State Administrative Court, the District Court, and the Supreme Court, the Constitutional Court, each court has its own procedures, causing miscoordination and overlapping of powers. This article aims to find out the design of regional head election dispute justice institutions in Indonesia to realize democratic justice and constitutional justice. This research is a normative legal research with a statutory, analytical, and case approach that aims to find out the background of the idea of establishing a special court for regional head elections in Indonesia to realize democratic and constitutional justice. The settlement of post-conflict local election disputes in Indonesia is the antithesis of the weaknesses and problems in resolving regional head election disputes, which have been going on for two decades, namely: disputes over the settlement of election processes and results by several judicial institutions. This is to provide the best as an alternative special court for the resolution of regional election disputes in the future. This research resulted in the finding that the regional head general election judiciary is something that must be considered in the Indonesian constitutional system, which institutionally will be equivalent to the Constitutional Court and the Supreme Court, nominally it is also something new, namely called the General Election Court. This institution simplifies the dispute resolution process for regional head elections and general elections to realize constitutional justice
Resolusi Konflik Kelompok Kriminal Bersenjata Papua Amanda, Muhammad Rasyiid; Pramono, 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.v5i1.2855

Abstract

Papuan Armed Criminal Group has carried out various attacks on TNI-POLRI , Papuan civilians, and migrant civilians in recent years. Every act of terrorism that occurs disturbs the Papuan people who live or work there. There are many victims of the KKB attack in Papua, ranging from military personnel, teaching staff, medical personnel, then students who are studying in their school. The type of research that the author uses in writing this thesis is normative juridical research. This type of research is research that seeks solutions to legal issues that arise to provide prescriptions regarding what should be the issues raised. And using the Conceptual Approach, Statute Approach, and Comparative Approach. The Papuan armed criminal group does not match the characteristics and definition of terrorists, in which terrorists do not aim to establish their own country and seek their sovereignty through militia and diplomacy. The Papuan Armed Criminal Group aims to get international attention, hoping that the land of Papua can become a sovereign country. The Indonesian government's steps should be Belligerent preventive not limited to tackling terrorists. Resolving disputes with Papuan armed criminal groups by not committing acts that are categorized as international crimes is through the mechanism of Military Operations Other than War, Regional Expansion, and Infrastructure Development in the land of Papua. However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration.
The Methodology of Reforming Islamic Law Fatwa Bahthul Masail Nahdhatu Ulama in Family Planning (KB) in Indonesia by the Maqasid Shari'ah Approach Hakim, Abdul; Ahmad, Ridzwan; Jaafar, Syed Mohd Jeffri Syed
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.v5i1.2934

Abstract

This research aims to find out the renewal of NU (nahdatul ulama)'s fatwa of Bahsul Masail about the law of family planning (KB, keluarga Berencana, or family planning) in Indonesia, where it started from a law of haram, makruh, and halal. It specifies conditions through the maqasid shari'ah approach as a renewal of Islamic law. This study utilizes qualitative and descriptive analytical methods using a maqasid approach. In addition, the data that is obtained is analyzed descriptively by using deductive ideation methods. The results of this study are: 1) The reason for changing the legal fatwa on family planning( KB) from haram, makruh, and halal with condition is because of a new 'illat, namely the demands of the times. 2) Bahthul Masail NU agrees to the new fatwa under certain conditions. 3) The renewal of the new Family Planning Fatwa through the maqasid sharia approach can be carried out not only to avoid economic downturns but also to save the nation's children from caretakers, disease, low morality, faith, and crime, as well as other social ailments. Regarding the permissibility of the Bahtsul Masail Family Planning Program, NU has already paid attention to its goals (maqasid) and the conditions of society because family planning is essentially only a means or tool (wasail) to achieve goals (maqasid). Means for good and maslahah are considered permissible and sunnah, while means for evil and harm are considered makruh and unlawful.
Larangan Logo dan Simbolik LGBT pada Piala Dunia 2022 di Qatar Menurut Fiqh Siyasah dan Hubungan Internasional Pratiwi, Nur Rizky; Irwansyah, Irwansyah
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.v5i1.2981

Abstract

The purpose of this study is to discuss the prohibition of LGBT in the World Cup. As one of the developed countries in the Middle East, of course Qatar is considered as one of the countries that has great influence in solving various problems in the global arena. Including their appearance at the 2022 World Cup. This World Series is very special because this is the first time this tournament has been held in the Middle East region. A thing that is quite rare considering the world of football is more inclined to European and Latin American football civilizations. The 2022 World Cup is going quite well, but controversial issues remain. The crux of the problem is that the state of Qatar prohibits LGBT attributes, which has led to harsh criticism from countries with their own understanding of LGBT. The research method used to solve this problem is normative law, and data is collected through primary data and analyzed qualitatively. This study claims that Qatar, which was chosen to host the World Cup, has the right to decide on several regulations according to the laws of the country. This has become FIFA's official rules as the organizer of the World Cup. One of Qatar's rules is to prohibit LGBT campaigns that violate Islamic religious law.
Rehabilitasi Napi Teroris Melalui Program Deradikalisasi Kurniawan, Andi; Darwis, Abdul Malik Fajar
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.v5i1.3013

Abstract

Deradicalization is ah program given toinmate kasus of terrorism within the Institutioncorrectional (LAPAS) with prevention efforts andneutralize notionsradicals that are considered dangerousand can causesecurity threat in ancountry. Deradi approachcalization can be with psychology,religion, law, educationin national humanity andstate as well as social and cultural. deradicalization program aims to drivereturn of the terrorist convictsthose affected by radical understanding to return to the path thatGoodand right. Builder programn deradicalization is veryit's important to apply, becausena see lately caseTerrorists have become material international discussionbecause it is a crimewhich can be threateningnational security for loyalp countries around the world, thenfrom that the deradicalization programthis is one wayto prevent it from happeningterror cases and can suppressand neutralize yousus terrorism and radicalism(radicalism). The results of this study describe[i-[2] handling of groups that have radical understanding or in this case are terrorists, through a deradicalization program requires clear regulations or arrangements accompanied by the involvement of relevant agencies based on a legal basis or foundation, because deradicalization that runs well and is integrated is needed in carrying out prevention to continue the growth of theoretical movements and radical understanding in Indonesia.

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