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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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KONSEP KAFA’AH PERNIKAHAN DIKALANGAN KOMUNITAS SAID/SYARIFAH (Studi Komunitas Said/Syarifah di Kota Medan, Sumatera Utara) Sirait, Dzakiyyatul Ilmi; Rokan, Mustapa Khamal
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2881

Abstract

This study aims to examine the application of the concept of kafa'ah in marriage among the dzurriyat prophets in Medan city, known as said and sharifah. Although Islamic law does not regulate kafa'ah to enter into marriage, if it is studied from an Islamic point of view it is very good to apply, with the aim of forming a sakinah, mawaddah and rahmah family. Kafa'ah is applied among said and sharifah of Medan city in order to guard and care for the lineage of the descendants of the Prophet Muhammad SAW. This research is an empirical juridical research, namely through a social approach with a point case approach through a case approach that occurs in reality. The results of this study concluded that the concept of kafa'ah in marriage among said and sharifah communities in Medan city is different from marriages in general, where the bride and groom must be from said and sharifah circles. If a said or sharifah marries someone who is not from their circle, they will get social sanctions.
Urgensi Sektor UMKM Persaingan Usaha Sebagai Penyangga Ibu Kota Negara Nusantara Pribadi, Deny Slamet; Nur, Insan Tajali; Wardhana, Kristiawan Wisnu
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2929

Abstract

The MSME sector is indeed a big challenge in ensuring the continuity of entrepreneurship. This entrepreneurial interest is still not accompanied by commensurate capacity in running a business. The purpose of this study is to examine and analyze the Micro, Small and Medium Enterprises (MSMEs) sector in the National Capital Region (IKN) and collaboration and local authorities for business activists. The research method used in this research is empirical juridical. The primary data source uses Law Number 80 of 2008 concerning Micro, Small and Medium Enterprises. The data collection used by researchers is by using certain research methods that are adapted, namely by way of question and answer, observation and documentation to collect as much data as possible. Data analysis technique; condensing data and drawing conclusions. The results of the study concluded that this sector is able to meet the needs of clothing and food. Regulators should accommodate the progress of MSME businesses. The existence of IKN has the potential to increase people's welfare. The weaknesses are the degradation of the area and the income of the community's economic value and local authorities.
Urgensi Pengawasan Perusahaan Cangkang Sebagai Upaya Penghindaran Tindak Pidana Pencucian Uang Oleh Perusahaan Cangkang di Indonesia Yundira, Irma; Tiopan, Demson
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2930

Abstract

The purpose of this study was to determine the application of law in money laundering crimes with the mode of establishing shell companies using normative juridical research methods. The data used consists of secondary data with statute approach, case approach, comparative approach, and conceptual approach. This research finds that these shell companies have been formed legally, but the legality of their formation does not guarantee the legality of their designation. Therefore, it is necessary to supervise shell companies in order to prevent the rampant cases of laundering through shell companies in Indonesia by adopting the methods used by the United States and India in dealing with shell companies.
PENEGAKAN HUKUM TERHADAP PELANGGARAN MENGGUNAKAN KENDARAAN BERMOTOR TIDAK LAIK JALAN YANG MENYEBABKAN KECELAKAAN LALU LINTAS (Studi Kasus pada Satlantas Polres Muna) Setiawan, Endi; Kamaruddin, Kamaruddin; Samandi, Hariman Satria
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2977

Abstract

This research investigates the law enforcement concerning traffic accidents caused by unfit motor vehicles in Muna Regency. Employing a normative juridical approach, the study analyzes laws and their connection to real events, focusing on the legal resolution of such accidents. The role of legal culture, encompassing societal behaviors, values, and beliefs, is emphasized, as effective enforcement relies on widespread legal awareness. Specifically, the study examines Article 273 of Law No. 22 of 2009 concerning Traffic and Road Transportation, which addresses criminal sanctions for road administrators. Preliminary analysis suggests potential gaps in its implementation. The research aims to identify the reasons for insufficient enforcement and proposes measures to strengthen law enforcement in Muna Regency. Recommendations may encompass increasing legal awareness, enhancing collaboration among law enforcement agencies, imposing stricter penalties for violations, and implementing more efficient monitoring systems. Ultimately, this study seeks to enhance legal enforcement strategies and promote road safety in Muna Regency by addressing challenges associated with unfit motor vehicle-related accidents. Understanding and tackling the root causes of ineffective enforcement will enable policymakers and stakeholders to develop targeted interventions, reduce accidents, and ensure proper application of the law.
Urgensi Perlindungan Hak Asasi Anak Atas Data Pribadi di Era Digitilasasi Berdasarkan Prinsip Negara Hukum Rohmansyah, Duta Agung; Saputra, Kevin Mandela; Sholih, Badrus
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3054

Abstract

Information related to children in the form of identity names, addresses, photos, videos, and other information about themselves, including their thoughts in speech or pictures, sounds are children's personal data. Children's personal information is shared transparently on social media on various platforms which can be seen, retrieved, even searched for and shared by anyone without adequate legal protection. The research problem to be raised in this study is: How is the protection of privacy rights over personal data in Indonesia implemented? What is the urgency of protecting children's personal data in Indonesia? The normative legal research method is used, namely the primary legal material is collected and analyzed, namely the Child Protection Act, the Information and Electronic Commerce Law and the Personal Data Protection Act. The pattern of approach in this study is carried out using a deductive approach, that is, in general, it is specifically discussed. Based on the research findings, it is known that Article 25 of Law Number 27 of 2022 does not specifically regulate legal mechanisms and forms of protection provided by the State to children who are victims of misuse of their personal data. Because, if we can follow the example of developed countries such as the European Union, the United Kingdom and the United States, they have specific laws in protecting children's personal data so that later when a violation occurs, the existing rules can be properly applied. However, the research was not.
Status Hukum Kepemilikan Hak Atas Tanah yang Tanahnya Telah Hilang Akibat Gempa Bumi di Cianjur Putri, Catherina Amanda; Tjempaka, Tjempaka
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3155

Abstract

Proof of ownership of a plot of land is proven by the existence of a certificate and physical control so that if these two things are destroyed, the legal relationship between the owner and the land ends. There are several causes for the end of a person's land rights, one of which is that the land object has been destroyed due to a natural disaster. Because the term "destroyed land" is used in Article 27 of the UUPA, which refers to the abolition of land rights, the state is unable to provide legal protection for destroyed land, which results in a legal void. A normative legal research approach with a statutory approach was used for the study. The result of this study is a discussion of the form of legal protection by the National Land Agency regarding the reownership of land rights whose land has been lost due to natural disasters. Land rights holders can submit a report to the land service emergency response posts to report complaints of lost or damaged certificates due to natural disasters, and then the Land Office will conduct field research as the basis for issuing a replacement certificate.
Perlindungan Hukum bagi Konsumen Depot Air Minum yang Terpapar Bacteri Escherichia Coli Hidayat, Taupik; Ginting, Elvira Dewi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3272

Abstract

This study aims to analyze the legal protection given to consumers of drinking water depots who experience losses due to exposure to Escherichia coli bacteria. The research method used is a normative juridical method by analyzing the Consumer Protection Law No. 8 of 1999 regarding legal protection for consumers of drinking water depots. However, to support normative juridical research, empirical research is also needed to determine how the management of drinking water depots is carried out. The results of the study show that legal protection for drinking water depot consumers who are exposed to Escherichia coli bacteria is contained in various laws and regulations, such as the Consumer Protection Act and the Minister of Health Regulation concerning Water Quality Requirements for Sanitation Hygiene and Recreation Purposes. However, there are several obstacles in providing legal protection for consumers of drinking water depots, such as the lack of law enforcement against violations related to drinking water quality and the lack of public awareness of the importance of consuming safe and healthy drinking water. Therefore, efforts from the government and society are needed to increase awareness of the importance of drinking water quality and law enforcement against violations related to drinking water quality.
Keabsahan Keputusan Perusahaan dalam Hal Direksi yang Mengambil Keputusan Masa Jabatannya Sudah Selesai Berdasarkan Akta Perubahan Anggaran Dasar Terakhir Ariatna, Salsabila; Widyawati, Sri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2183

Abstract

The Board of Directors has the authority to manage the company. In carrying out management, the Board of Directors has the authority based on the Deed through the General Meeting of Shareholders whose term of office is determined in the Articles of Association of PT. The problem is that the Board of Directors whose term of office has ended but still carries out their duties and functions. The research method used in this writing is the normative juridical method. From the results of this research, it is concluded that the company's decision in the event that the Board of Directors makes a decision whose term of office has expired, then the decision is invalid unless all actions and decisions of the Board of Directors since the expiration of the term of office have been recognized and considered as the responsibility of the company by the decision of the shareholders in the GMS forum. Directors who carry out management outside their term of office are invalid but can be said to be valid if there is ratification of decisions made by Directors whose term of office has ended. The legal consequence of decision-making by unauthorized directors is that the directors are not responsible for their personal assets.
Perspectives of Contemporary Muamalah Jurisprudence Law on Buying and Selling "claw" on the TikTok Application Arifah, Arifah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2485

Abstract

Technological developments make changes to the buying and selling system. One of the most popular systems is buying and selling claws on TikTokshop. The purpose of this study is to determine whether buying and selling "claws" is in accordance with Islamic economic law or not. The research method is literature research. The results of the stu dy indicate that there are three problems that exist in the sale and purchase of claws, namely the type of goods, the quality and quantity of the goods, and how to take the object of the contract. In line with the permissibility of buying and selling online using a salam contract, the sale and purchase of claws must also follow the terms and conditions of the sale and purchase of salam because it is done online. In the sale and purchase of greetings, the object of the contract must be clear about the shape, size, quantity, and quality agreed at the beginning of the contract. So, based on the research results, the sale and purchase of claws contains elements of gharar (unclear) and maisir (chance) because the object of the contract depends on the seller's head, which is not known how the quantity and quality will be obtained by the buyer.
Pembatalan Rencana Perkawinan Oleh Satu Pihak Yang Menimbulkan Kerugian Jasmine, safira Yuvika; Dharsana, I Made Pria
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2603

Abstract

The annulment of a marriage plan can be filed as the basis for a tort lawsuit if there is an action by one of the parties that cause losses, both materially and immaterially. The party that causes the loss is given the obligation to make payments to the injured party. The research method in this writing uses Normative Juridical research or legal material collection techniques with library research. The legal sources used are primary, secondary, and tertiary legal sources. The qualitative research on unlawful acts of the cancellation of the marriage plan and the provision of compensation by the bride who cancelled plan. to compensate the prospective groom in actual compensation and compensation related to mental stress. The act of annulment of the marriage fulfils the elements of Article 1365 of the Civil Code, where the act is a tort contrary to written law and can also be unwritten law which violates the subjective rights of others so that the prospective bride violates the norms of decency and propriety in society and the losses incurred in real terms by the prospective groom for the preparation of the marriage must be replaced by the prospective bride who annuls the marriage.

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