Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
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.
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786 Documents
<![CDATA[Implikasi Hukum Pembentukan Peraturan Pelaksana Pasca Putusan Mahkamah Konstitusi Atas Pengujian Undang-Undang No. 11 Tahun 2020 Tentang Cipta Kerja ]]>
<![CDATA[Rizki, Muhammad]]>;
<![CDATA[Alwan, Sultan]]>;
<![CDATA[Rumkel, Nam]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3162
<![CDATA[This study aims to examine the legal status and binding force of the Implementing Regulations enacted and analyze the legal implications of the formation of Implementing Regulations post-Constitutional Court Decision No. 91/PUU-XVIII/2020. The research method used is empirical with data collection through literature review, interviews, and supporting theories. The data analysis technique employed is descriptive qualitative. The results of the study indicate that the formation of three Implementing Regulations after Constitutional Court Decision No. 91/PUU-XVIII/2020 in the context of the Omnibus Law on Job Creation lacks legal status and binding force in the enforcement of norms. Moreover, Constitutional Court Decision No. 91/PUU-XVIII/2020, which examined the formal aspects of Law No. 11 of 2020 concerning Job Creation, has wide-ranging implications. Through its decision, the Constitutional Court, particularly in point 7, suspends actions or strategic policies with broad impacts and prohibits the issuance of implementing regulations.]]>
<![CDATA[Peran Notaris dalam Pembuatan Akta Pernyataan Keputusan Rapat Umum Pemegang Saham (RUPS) Perseroan Terbatas di Kota Semarang ]]>
<![CDATA[Fitri, Aulia Ineke]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3198
<![CDATA[In its implementation, the General Meeting of Shareholders (GMS) is recorded in the form of meeting notes in the form of a notarial deed and/or backhand deed which is then recorded in the form of a deed. This research method uses a sociological legal approach. The purpose of this study was to determine the role of a notary in making the decision deed of the General Meeting of Shareholders (GMS) of a limited liability company in the city of Semarang. From the results of the examination, the notary is not involved in the decision- making process of the GMS. The task of a notary in making a deed of the decision of a meeting of shareholders of a company is very limited, such as in making a party deed, the notary is only limited to pouring it into a legalized deed.]]>
<![CDATA[Tindak Pidana Pencurian Ringan dan Upaya Hukumnya dalam Proses Tuntutan Pemidanaan ]]>
<![CDATA[Putri, Fresiella ‘Arsy Mahdavika]]>;
<![CDATA[Hapsari, Iffahdah Pratama]]>;
<![CDATA[Wardana, Dodi Jaya]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3211
<![CDATA[This research is motivated by observational data, where crimes of petty theft are very widespread in Indonesia, how can a person be qualified as a perpetrator of a crime of petty theft, then what are the efforts of the prosecutor in dealing with criminal acts of petty theft, so that injustice does not occur like the case of Minah's grandmother, grandma asiani, grandpa samirin and many more. researcher what are the efforts of prosecutors in dealing with the crime of petty theft in order to create justice and adjust situations or conditions so that they are relevant to life in this era. then analyzed descriptively so that conclusions can be drawn.]]>
<![CDATA[Quo Vadis Kebijakan Pemerintah Terhadap Legalitas Keberadaan Investasi Robot Trading (Expert Advisor) dikaji menggunakan Teori Hukum dan Pembangunan ]]>
<![CDATA[Tungmiharja, Wilson]]>;
<![CDATA[Gultom, Elfrida Ratnawati]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3212
<![CDATA[The purpose of writing this journal is to analyze and understand government policies regarding the legality of trading robots. The development of the times has provided many advances in both the technological and economic fields, technological advances have provided openness to trade in both goods and services. Forex trading is a business activity that offers high profits accompanied by high risks, where individuals must monitor and study the movements of the money market without stopping to make transactions. The existence of trading robots makes it easy to do forex trading due to automation to save time and does not require in-depth understanding of forex trading. The existence of trading robots provides an opportunity for criminal acts to occur in the forex field, one of which is the existence of Illegal Trading Robots which results in losses for users. One of them is the fraudulent investment case of Net 89, which has a trading robot mode, which uses a permit to sell e-books in carrying out trading activities based on trading robots. This problem has resulted in an urgency that can be seen from the enactment of BAPPEBTI Regulation Number 12 of 2022 as a step to regulate the existence of trading robots.]]>
<![CDATA[TINJAUAN HUKUM EKONOMI SYARIAH TENTANG PENGGUNAAN ROBO ADVISOR DALAM ISLAMIC WEALTH MANAGEMENT (Studi Pustaka Robo Advisor di Indonesia Tahun 2022) ]]>
<![CDATA[Irawan, Bambang]]>;
<![CDATA[Maimun, Maimun]]>;
<![CDATA[Faizal, Liky]]>;
<![CDATA[Zaki, Muhammad]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3214
<![CDATA[Robo advisor is a technology that can assist investors in managing their portfolios. In the context of Islamic finance, transactions and business relationships must ensure compliance with Sharia principles in order to preserve wealth and meet needs. The use of robo advisors in this context has not been extensively researched. This study aims to determine the use of robo advisors in Islamic wealth management. The research method used is literature review with a normative approach and descriptive-analytical analysis. The data used are from literature on the use of robo advisors and Islamic wealth management in Indonesia over the past five years. Based on the workings of robo advisors, various benefits and limitations are found in their use. The conclusion of the analysis of maṣlaḥah (public interest), functionality, and the urgency of using robo advisors shows that their use in Islamic wealth management can be considered permissible as a means for retail investors and beginners to safeguard wealth (ḥifẓ al-mâl) by applying filters for Sharia-compliant investment instruments and adhering to prohibitions on riba (usury), gharar (uncertainty), maysir (gambling), and haram (forbidden). The research recommendation is to conduct further research on the technical aspects and algorithms used by robo advisors in selecting Sharia-compliant investment instruments, and a sound framework of supervision and regulation is needed to ensure the compliance of robo advisors with Sharia principles and the protection of investors' interests.]]>
<![CDATA[Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan ]]>
<![CDATA[Hasti, Armin]]>;
<![CDATA[Saleng, Abrar]]>;
<![CDATA[Sumarji, Juajir]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3218
<![CDATA[The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations]]>
<![CDATA[Urgensi Pemenuhan Hak Biologis Narapidana Ditinjau Dari Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan dan Hak Asasi Manusia ]]>
<![CDATA[Bramandita, Riki]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3239
<![CDATA[This study aims to examine the urgency of fulfilling the right to search biology in the context of Law Number 22 of 2022 concerning Corrections and Human Rights. The research method used is a normative juridical research method, by conducting a literature study and analysis of related documents. Based on the research results, the fulfillment of the right to fulfill biological needs is a very important need and must be a priority in the correctional system in Indonesia. Protection of debilitating biological rights not only impacts health and daily life, but also impacts the health and safety of society as a whole. Law Number 22 of 2022 concerning Corrections and Human Rights has regulated the protection of rehabilitation rights, including biological rights. However, the implementation of the law still needs more attention and improvement. Concrete actions are needed from those responsible for ensuring that biological rights are fulfilled, such as increasing access to health services, improving environmental conditions in prisons, improving the quality of food provided, ensuring protection against acts of violence, and providing sufficient attention to mental health assistance. . In addition, there is also a need for cooperation between various related parties to increase the fulfillment of the biological rights of the request.]]>
<![CDATA[Perlindungan Hukum Terhadap Warga Negara Asing dalam Perspektif Hukum Internasional ]]>
<![CDATA[Agustina, Agustina]]>;
<![CDATA[Ponto, Renaldi Timoti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3264
<![CDATA[Residents of a country are citizens and non-citizens. People who are not citizens are called foreigners. The determination of whether a resident is a citizen or not is regulated by the national laws of each country. National laws determine who is a citizen. country. Regardless of his status as a citizen or foreigner, he is a subject of international law, has rights and obligations based on international law in a limited sense. In this limited sense, in contrast to the definition of states as subjects of international law in the full sense, when considering the issue of international legal protection of foreigners, an academic approach to the theory and practice of international courts is used. A foreigner has the right to equal protection under the laws of the country in which he resides reside and are also entitled to certain rights to opportunities for a decent life, as regulated in Article 9 of the Montevideo Convention of 1933 which reads: "Citizens and foreigners are equally protected by law and neither national authorities nor foreigners can claim rights other than or higher than the rights of citizens. Based on the opinions of international law experts, we will know the legal principles and theories relating to the position of individuals as subjects of international law. The principle of citizenship is the main basis for implementing the principles of state authority and responsibility towards citizens and foreigners]]>
<![CDATA[Implementasi Bagi Penyandang Disabilitas dalam Perolehan Surat Izin Mengemudi (SIM) ”D” di Polresta Denpasar ]]>
<![CDATA[Saraswati, Cinta]]>;
<![CDATA[Agus Kurniawan, I Gede]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3316
<![CDATA[Granting of Driver's Licenses (SIM) to persons with disabilities The obstacles faced by the Police in providing a driver's license (SIM) for persons with disabilities in the jurisdiction of the Denpasar Police, that in accordance with the provisions of the application for a driver's license must be completed with a Health Certificate from a doctor. This writing uses an emperical research method, namely conducting field research through interviews at the research site supported by primary and secondary data collected and processed in a qualitative descriptive manner. The Effectiveness of Driver's License (SIM) Making Services in the Administrative Unit (Satpas) of the Denpasar Police Driver's License, that the process of servicing a driver's license (SIM) "D" for persons with disabilities is carried out in accordance with the provisions of the applicable law and other related regulations and in practice the service has not been effective, due to the lack of facilities and infrastructure of practical test equipment in the form of motor vehicles specifically and their trajectories, so that there is a gap between the Das Sollen with Das Sein caused the service of a Driver's License (SIM) "D". The obstacles faced by the Police in providing driver's licenses (SIM) for people with disabilities, that with several factors as obstacles to the service of making a driver's license (SIM) "D"lack of facilities and infrastructure, there are several efforts made by the police in overcoming obstacles through the provision of special motor vehicle facilities and infrastructure for people with disabilities and their tracks.]]>
<![CDATA[Hak dan Kewajiban Kreditor Memiliki Hak Retensi dalam Pembagian Harta Pailit Berdasarkan Hukum Perdata Indonesia ]]>
<![CDATA[Jayadi, Hendri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.3346
<![CDATA[Bankruptcy is a complete confiscation of the debtor's assets to end debtor-creditor conflicts or to ensure that these assets are divided equally among creditors. The purpose of this study is to examine how Indonesian civil law is used to analyze the rights and obligations of creditors with retention rights in the distribution of bankrupt assets. Research using the Systematic Literature Review method, found 15 articles that match the criteria, with search strings from 2013 to 2023. The results of the study show that Commercial Court Judges will grant Suspension of Debt Payment Obligations (PKPU) to debtors and creditors to facilitate negotiation of payment methods, both in whole or in part, including debt restructuring if necessary. Debtors are required to file for bankruptcy if they have more than two creditors and outstanding debt obligations. The bankruptcy petitioner only loses his civil rights to manage and control his assets; they retain their civil rights to engage in other civil acts. This grant is legally considered as part of the bankruptcy estate, managing third party assets and appointing third parties to act as attorneys in legal proceedings, debtors are still allowed to maintain their legal status. The implication of this research is to provide an overview of the rights and obligations of creditors with retention rights in the distribution of bankruptcy assets based on Indonesian civil law.]]>
