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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 Hukum Terhadap Penerapan Asas Pari Passu Prorata Partij Terhadap Kreditor Konkuren Dalam Perspektif Hukum Acara Perdata Jayadi, Hendri
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.v3i2.3347

Abstract

The principle of pari passu prorata partij is applied in bankruptcy cases involving several creditors and debtors. This encourages a study of legal protection for the application of the pari passu prorata partij principle to concurrent creditors in the perspective of civil procedural law. The purpose of this study is to determine the extent to which the principle of pari passu prorata partij provides legal protection for concurrent creditors. The research method used is a qualitative type of literature study. The results of this study indicate that the principle of pari passu prorata partij provides a solution that the provision of repayment to creditors is given jointly without anyone taking precedence, especially concurrent creditors who do not have privileges in accordance with the provisions of the law. Debt repayments to creditors are also scaled according to their relative debt. According to Article 37 of Law no. 37 of 2004, if the debtor's assets are not sufficient to cover his debts, then the curator will make more efforts by filing an actio paulina case. It can be concluded that the principle of pari passu prorata partij can provide solutions and legal protection for bankruptcy problems involving both parties.
Fungsi dan Peran Notaris Pada Peralihan Hak Atas Merek Melalui Perjanjian Jual-Beli Putri, Maria Yohesti; Santoso, Budi
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.v5i2.3382

Abstract

A brand is a manifestation of a trade or service business. Apart from that, a brand is also an intangible object whose ownership can be transferred by transferring the rights to the brand through a notary. The role of the Notary in question is in making the brand transfer deed. Through this research, the authors aim to find out and examine how the function and role of a notary is in making a deed of transfer of rights to a brand through a sale-purchase agreement. In reviewing this journal, the author uses primary and secondary legal materials with a conceptual approach and applies normative juridical research methods which are carried out by examining the theories, concepts and laws and regulations concerned. The results of this study note that according to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications Notarial (authentic) deed in transferring rights to a trademark through a sale-purchase agreement is not an obligation but can be used as an option or alternative. Notarial (authentic) deed has the best binding and evidentiary power, therefore a sale and purchase agreement using a Notarial deed is the best choice. Furthermore, the role of the Notary in terms of transferring rights to the mark through an agreement or sale is to provide understanding and legal protection by making authentic deeds which aim to provide legal certainty to the parties.
Pembatalan Perkawinan Dalam Kasus Poligami Tidak Tercatat Yang Perkawinannya Telah Putus Akibat Kematian Salsabiela, Riskhi; Prananda, Rahandy Rizki
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.v5i2.3387

Abstract

Marriages can be annulled when they do not comply with the provisions of the Marriage Law. Parties involved in a marriage can request an annulment of the marriage because there was a misunderstanding in the form of identity falsification or unrecorded polygamy, for example in Decision Number 2479/Pdt.G/2020/PA.JU. This lawsuit was filed by the first wife to annul the marriage between the second wife and her deceased husband whose marriage had been broken up due to death. The issue lies in the legitimacy of filing for an annulment of a marriage that has ended due to death and the legal consequences of the decision in this case. This study utilized the Normative Juridical method by examining literature studies. The results of the study indicate that the basis for the annulment proposed by the plaintiff is valid based on three articles: Article 27 paragraph (2) and Article 24 of the Marriage Law, as well as Article 71 letter a Compilation of Islamic Law. There are two legal consequences resulting from this decision, the husband and wife relationship, and joint assets.
Akibat Hukum Pembubuhan Cap Ibu Jari Sebagai Pengganti Tanda Tangan Dalam Pembuatan Akta Notaris Vitasari, Diana Agatha; Musyafah, Aisyah Ayu
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.v5i2.3388

Abstract

A notarial deed must be signed by the parties involved. In some cases, the parties involved cannot put their signatures. The purpose of this study was to find out whether thumbprints can replace signatures in making notarial deeds and their legal consequences. This study uses normative legal research with secondary data and library research. The results of this study according to Article 1874 of the Civil Code and Article 44 paragraphs (1) and (2) of the UUJN regulates the affixing of a thumbprint as a substitute for a signature in making notarial deeds to people who are sick or disabled to read and write. These articles state that affixing a thumbprint as a substitute for a signature can be done on condition that the affixing must be done before an authorized official (Notary) and the Notary is required to include information or reasons regarding the person not being able to sign. The legal consequences of a deed not being signed are replaced by using a thumbprint, which is still valid and legally binding as an authentic deed as long as the provisions contained in Article 1874 of the Civil Code and Article 44 paragraphs (1) and (2) UUJN are fulfilled.
Pembentukan Badan Hukum Kelompok Masyarakat Penerima Bantuan KKP Republik Indonesia Wulansari, Dewi Ajeng; Mahfud, Muh. Afif
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.v5i2.3392

Abstract

This research was conducted to aim of exploring the role of notary in the formation of legal entity association as receiver from the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia’s distribution in accordance with Peraturan Menteri Kelautan dan Perikanan Republik Indonesia Nomor 2 Tahun 2021 Tentang Penyaluran Bantuan Pemerintah di Lingkungan Kementerian Kelautan dan Perikanan and to analyze the suitable form of receiver’s legal entity accordance with the requirements set by the Ministry. This research uses normative law and descriptive with descriptive qualitative as the type of research. The data collection methods used were library research and document analysis and conducted using qualitative analysis methods. The result of this study showed that the notary might acts in making the deed of association’s establishment or other legal entity desired by the public who comes to the notary with the procedures; making a deed of association to register the association until it can be registered at the database system of the Ministry of Law and Human Rights until it becomes valid. Notary plays a role in helping people who need assistance from the Ministry of Maritime Affairs and Fisheries to meet the requirements to give legal status to the establishment of their group.
Hukum Jual Beli Limbah Tambang Emas Perspektif Fatwa DSN MUI No. 110/DSN-MUI/IX/2017 Tentang Jual Beli (Studi Kasus di Desa Hutalombang Lubis Kecamatan Panyabungan Kabupaten Mandailing Natal) Hasibuan, Toibah; Zahara, Fatimah
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.v5i2.3402

Abstract

The background of this research is that there is a gap in the implementation of the practice of buying and selling gold mining waste in Hutalombang Lubis Village, Panyabungan District, Mandailing Natal Regency. Whereas buying and selling is carried out by selling gold waste (dregs) in sacks which are not necessarily the result that is obtained without knowing the risks involved in the sale and purchase. This is not in accordance with Islamic Shari'at and does not meet the requirements for a sale and purchase object according to the perspective of DSN MUI Fatwa No. 110/DSN-MUI/IX/2017 concerning Sales and Purchase Contracts. If the Buyer gets the remaining Gold from processed Gold then the buyer will get a profit. However, on the other hand, if the buyer does not get the remaining gold from the land used for processing gold, then the buyer will definitely incur a loss. So the object being contracted contains an element of obscurity and is not in accordance with what is received by the buyer which results in a loss to one of the parties. The research method used is empirical juridical method, namely field research, using a qualitative approach and qualitative descriptive data analysis.
Penanggulangan Tindak Pidana Korupsi Dana Bantuan Sosial Pada Saat Bencana Alam Mulyadi, Mulyadi; Wijaya, Vivian; Sitorus, Marthin Erixon; Pakpahan, Kartina
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.v5i2.3420

Abstract

Corruption is a crime that harms state finances and the people's economy. On KPK website, cases of budget misuse data based on region, from 2004 to 2021 there are as many as 402 cases. So, extraordinary enforcement and extraordinary measures are needed. The research purpose is to analyze the regulation of corruption crimes committed during natural disasters, analyze the weaknesses of regulation corruption in social assistance funds, and analyze the prevention of corruption during natural disasters. This study uses statute approach with secondary legal literature research techniques and uses prescriptive analysis. The result of this journal is regulation of Corruption Crimes during natural disasters is regulated in Law Number 24 of 2007 about Disaster Control, Law Number 31 of 1999 about Eradication of Corruption Crimes, and PERPU Number 24 of 1960 about Investigation, Prosecution and Examination of Corruption Crimes. Provisions for the death penalty are regulated in Article 2 paragraph 2 Law Number 31 of 1999, namely in event that criminal act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty can be imposed, and prevention of corruption during a natural disaster can be carried out by penal and non-penal.
Perlindungan Hukum Terhadap Eksportir dan Importir dalam Transaksi Ekspor Impor Barang dengan Menggunakan L/C (Letter of Credit) Sebagai Alat Pembayaran Nugraha, Bryan Artha; Andraini, Fitika
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.v5i2.3428

Abstract

The purpose of conducting research is to Know how to deal with strategies what to do to prevent it from happening irregularities in L/C and how form of legal protection if it occurs breach between the parties using L/C which is by method normative legal research concluded: The key to successful L/C handling is found in all parties involved, as it is prudence, thoroughness and discipline in handling every process that goes through. And to avoid it happening deviation in L/C, then it is necessary appropriate treatment strategy starting from before the opening of the L/C, request for opening L/C, after L/C opening, document handling, until with document delivery. Protection law is given to the parties to ensure security in transactions using L/C. If there are parties who feel aggrieved because the other party in agreement does not carry out its performance, then the aggrieved party will get legal protection according to regulation regarding good L/C in international law as well as national law. Protection is obtained from regulations that are generally regulates L/C namely Uniform Costums and Practice for Documentary Credit (UCP), Government Regulation No. 1 of 1982 concerning Export, Import and/or Implementation Foreign Exchange Flows, Bank Indonesia Regulations No. 5/11/PBI/2003 concerning Payment Import Transactions, and Government Regulation No. 29 of 2007 concerning Payment Methods and Delivery of Goods in Export Activities Import. The research results describe how the legal relationship between the customer and the issuing bank. L/C born from the L/C Issuance Application agreement. Agreement between customer and bank the publisher creates a legal relationship, namely the fulfillment of the rights and obligations of the parties in accordance with the L/C issuance agreement. Therefore the parties must fulfill the rights and obligation to avoid disputes.
Law Enforcement Against Imported Used Clothing Trade Prohibition at Hartono Trade Center Setiyani, Devy; Destyarini, Normalita; Prastyanti, Rina Arum
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.v5i2.3432

Abstract

The imported used clothing trade was found in Sukoharjo and has penetrated into modern markets such as the Hartono Trade Center (HTC). The import and trading activities of used clothing are prohibited by law because Imported used clothes have the potential to carry diseases. The purpose of this study was to determine law enforcement by the Department of Cooperatives, Small and Medium Enterprises and Trade in Sukoharjo Regency regarding the trading of imported used clothing in HTC and factors that affect the effectiveness of law enforcement. The research method used is empirical law with a sociological juridical approach while the data analysis technique is in the form of qualitative descriptive. The results obtained are law enforcement on the trade of imported used clothing carried out by the Office of Cooperatives, Small and Medium Enterprises and Trade of Sukoharjo Regency is not running optimally because monitoring and providing outreach activities related to imported used clothing and its dangers have never been carried out. Factor that affect the effectiveness of law enforcement on imported used clothing are internal factors, namely limited human resources and external factors, namely the legal awareness of traders and consumers who are still lacking in complying with laws and regulations.
Perlindungan Ideal Atas Hak Dipilih Warga Negara yang Berprofesi Sebagai Pegawai Negeri Sipil Wahid, La Ode Haerul Saleh
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.v5i2.3433

Abstract

This research was conducted to find out how to limit the right to be elected by citizens who work as Civil Servants and how should the protection of the right to be elected by citizens who work as Civil Servants. This research uses a normative approach and is descriptive in nature. Methods of data collection using literature study and document analysis. Data analysis was performed using qualitative analysis methods. The results of the study show (1) restrictions on the right to be elected for citizens who work as Civil Servants are excessive restrictions and not ideal because in order to exercise the right to be elected, he must lose his right to work without any guarantee of getting a new job, and (2) Protection The ideal for the right to be elected by civil servants is by changing the time of resignation from civil servant status, where civil servants who have just registered as candidates in elections or regional elections simply temporarily resign from their civil servant status, and only resign permanently after the election process is complete. Arrangements like this have implications for the realization of restrictions on political rights that do not endanger the essence of the rights themselves, where restrictions can still be made but there is maximum protection for the right to vote for civil servants. Having the option to submit an active application again if not elected will be a differentiator and a sign that the state provides maximum human rights protection for every citizen, including those who work as civil servants.

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