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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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Legal Responsibilities of Members of the Makassar City Regional People's Representative Council (DPRD) to their Constituents in the Electoral District Arif, Wahyudi; Moenta, Andi Pangerang; Hasrul, Muh.
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.v5i2.3495

Abstract

This research aims to examine the legal responsibilities of members of the Makassar City Regional People's Representative Council (DPRD) towards their constituents in the electoral district, as well as identifying the inhibiting factors faced by DPRD members in fulfilling their responsibilities towards constituents in their respective electoral areas. Employing an empirical legal research approach, the study seeks to comprehend the actual application of law and explore its functionality within the societal context, conceptualizing it as a social phenomenon influenced by various social variables. The study was conducted at the Makassar City DPRD office. Data collection methods encompassed interviews, observations, and literature review. The acquired data underwent qualitative analysis and descriptive elucidation. The research findings reveal that a significant number of elected representatives do not demonstrate expected behaviors, resulting in a considerable deficiency in their role of fulfilling responsibilities towards constituents in the electoral district. These limitations are attributed to several inhibiting factors, including inadequate community participation, limited financial allocation from the Makassar city government, constraints in meeting times and facilities, and the diverse and busy schedules of both DPRD members and constituents.
FILSAFAT HUKUM: Aktualisasi Critical Legal Studies Di Indonesia Gojali, Dudang
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.v4i2.3508

Abstract

This paper discusses Critical Legal Studies as a critical study of law that opposes the school of legal formalism. As a critical study, Critical Legal Studies accommodates not only Marxist legal ideas, but also liberal-radical and postmodernism. This paper also discusses the basic criticism of Jürgen Habermas's legal-communication theory towards Critical Legal Studies and then the basic criticism of feminism towards Jürgen Habermas. This paper closes with the thoughts of Carol Smart who updated the argumentation of Critical Legal Studies.
Kajian Kriminologi Terhadap Tindak Pidana Pencurian Dengan Kekerasan Yang Dilakukan Oleh Anak Badaru, Baharuddin; Sutiawati, Sutiawati
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.v5i2.3588

Abstract

This study aims to identify and analyze the factors that cause violent crimes committed by children in Makassar City. This research method uses empirical legal research methods with primary and secondary data. The results of this study indicate, first, that the factors that cause the crime of theft with violence committed by children in Makassar City are caused by three main factors, namely social and environmental factors, instant mindset factors, and family dysfunction. In addition to these main factors, there are supporting factors that influence the occurrence of theft with violence by children in Makassar City, namely the victim factor, especially women who are mostly the targets of the perpetrators. Second, the efforts made by the National Police to prevent the occurrence of criminal acts of theft with violence committed by children in Makassar City have three main efforts, namely pre-emptive efforts, preventive efforts and repressive efforts in preventing the crime of theft by violence. by children. Recommendations or suggestions for this research are in making efforts to prevent theft with violence committed by children in Makassar City, it requires the cooperation of all parties to encourage the creation of peace and suppress the level of violent theft committed by children in Makassar City. . Then the role of law enforcement in providing treatment by imposing criminal sanctions indirectly, or imposing punishment in the form of punishment for children who commit theft with violence must be further enhanced, the punishment given must provide a deterrent effect and raise awareness of the perpetrator to improve his life, so that the perpetrators are punished. later have no intention to repeat or commit the crime.
Effectiveness of Bali Government's Policy in Continuous Giving of Grants to The Bali Sports Committee Dirgantari, Made Yandi
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.v5i2.3589

Abstract

The provision of continuous grants to the Indonesian National Sports Committee (KONI) Bali amounted 39 billion rupiahs a year, considered ineffective, considering that there are still cases of theft of these grants. Examining more deeply the level of effectiveness of grant funding is an important thing to do, especially in the Province of Bali which is one of the areas that is often used as the organizer of sporting events. This research is an empirical research that is descriptive in nature with an empirical legal approach. This research took place in KONI Bali and Office of Education, Youth and Sports (Disdikpora). The data used in this study consisted of primary and secondary data obtained through documentation, observation and interviews. Data then being analyzed using qualitative descriptive method Results indicate that provision of grants to KONI Bali has met the principle of effectiveness, in accordance with Disdikpora Bali which states that value of the grants given shows a significant increase in athlete achievement at the national and international tournament. Obstacles found in terms of communication, resources and bureaucracy. The provision of grants made by the regional government to KONI Bali complies with the provisions of Law 11 of 2022, Permendagri 77 of 2020 and Pergub Bali No 3 of 2019.
Tinjauan Yuridis Pelaksanaan Review Hasil Pemilihan Penyedia dalam Pengadaan Barang atau Jasa oleh Pejabat Pembuat Komitmen Ersanda, Elsha; Rustan, Ahmad; Irwansyah, Irwansyah; Umar, Wahyudi
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.v5i2.3653

Abstract

The role of the Commitment Making Officer (PPK) is very important to ensure procurement objectives are achieved by reviewing the results of the selection of government procurement of goods and services so that the entire procurement process is carried out transparently, fairly and in accordance with applicable regulations. This research aims to analyze whether the process of reviewing election results in procurement process No. 15117081 carried out by PPK Southeast Sulawesi has complied with the principles of transparency, accountability and fairness in selecting tender winners based on LKPP Regulation No. 12 of 2021. The research method used is a legal research method with a statutory approach and case study. The results of the research show that the implementation of the review by the PPK in the aquo case is not in accordance with the provisions of LKPP regulation No.12 of 2021. The review should be carried out by the PKK only based on the Minutes of Election Results (BAHP) documents received, not providing field evidence or clarification to participants or other parties. The implication of these findings is that there is a potential violation of the principles of government procurement of goods and services which must be carried out transparently, fairly and in accordance with regulations.
Efektivitas Penegakan Hukum Terhadap Pelaku Penambangan Pasir Tanpa Izin (Studi Pada Kepolisian Resor Pangkep) Badaru, Baharuddin; Razak, Askari; Umam, Wildan Syauqil; TL, A. Darmawansya
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.v5i2.3654

Abstract

This study aims to identify and analyze the effectiveness of law enforcement against unlicensed sand miners by the Pangkep Resort Police, and to identify and analyze the factors that impede the effectiveness of law enforcement against illegal sand miners by the Pangkep Resort Police. This type of research is empirical juridical. The research results show that the effectiveness of law enforcement against the perpetrators of sand mining without a permit by the Pangkep Resort Police is not running effectively. This is due to the understanding of the Satreskrim investigators of the Pangkep Resort Police in determining and finding the elements of crime from the perpetrator's actions, so that the investigation requires and/or presents expert witnesses to clarify the actions of the perpetrators. Factors hindering the effectiveness of law enforcement against illegal sand mining by the Pangkep Resort Police, namely; substance, structure, and legal culture. The three factors that most influence the criminal act of sand mining without a permit is the legal substance.
Analisis Yuridis Penyelesaian Sengketa Kepemilikan Tanah Bersetifikat Ganda Putri, Bela Muhdayani
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.v5i2.3656

Abstract

Land is becoming increasingly vulnerable due to disputes, one of which is the double certificate land dispute. Therefore, a wise attitude is needed to manage this land problem so that it is in line with what is mandated in the constitution. It is hoped that the birth of the UUPA will provide legal certainty for all people. Research problems: (1) What factors cause the issuance of multiple land certificates? (2) How are legal disputes resolved in cases of multiple land certificates? This research uses a normative juridical approach, the research specifications used are analytical descriptive and the data sources used are primary data and secondary data through literature and field studies. Analyze and process data using qualitative analysis.
Kepastian Hukum Terhadap Perjanjian Pembiayaan Didahului SKMHT Tanpa APHT Victoria Damanik, Jessica Bintang; Badriyah, Siti Malikhatun
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.v5i2.3697

Abstract

Ownership of land rights is an interest for Indonesian that is used for various purposes, one of which is as collateral in a financing agreement. The advantage of being a collateral object is to have a stable value and tend to increase. The purpose of this study is to analyze the legal protection of creditors who experience problems when knowing debtor defaults and their position of creditors who only have SKMHT without APHT due to notary negligence. This research method is qualitative with a normative juridical research type. The results of the research are protection for SKMHT holders enforced despite the negligence of the Notary/PPAT. In addition, the recommendation that the PPAT/Notary should have SKMHT management to avoid legal problems when debtor defaults.
Kepentingan Umum Dalam Asas Oportunitas Pada Sistem Peradilan Pidana Badaru, Baharuddin
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.v5i2.3715

Abstract

This study aims to examine and analyze the criteria of public interest in the opportunity principle in the criminal justice system. This study uses a normative legal method approach by applying a statutory perspective, especially referring to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, the Criminal Procedure Code (KUHAP), and involving legal theory and the views of legal experts as sources of supporting material, both in the form of secondary, primary, and tertiary law. Through this research, the authors succeeded in obtaining solutions to the challenges that arose in line with the development of the opportunity principle which has undergone many changes. This change is clearly reflected in the context of the Law on the Attorney General's Office which rules out cases based on considerations of the public interest within the framework of the opportunity principle in the criminal justice system. This change can be seen from the beginning of Article 8 of Law Number 15 of 1961 up to Article 35 letter c of Law Number 16 of 2004 which relates to the Attorney General of the Republic of Indonesia. The criteria for the public interest in the opportunity principle include the interests of the state, the interests of society and personal interests. However, the interpretation of these criteria still does not provide concrete explanations and measurements, so as to produce different understandings among different groups. The ambiguity in these regulations indicates the need for regulations contained in a law to be formed by involving relevant parties who have a deep understanding of the opportunity principle. In this way, it is hoped that the process of forming regulations will include collaboration with experts and legal practitioners who have in-depth knowledge of the opportunity principle. This will help ensure that the resulting regulations are more concrete, clear, and can be interpreted consistently by various parties involved in the criminal justice system.
Analisis Pengaruh Kesejahteraan Ekonomi Terhadap Pernikahan Dini di Indonesia Tahun 2021 Ferdiana, Rezi; Bachtiar, Nasri; Ariyanto, Edi
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.v5i2.3746

Abstract

Child marriage at an early age has negative impacts, especially for women, including significant impacts on reproductive health and the economy. Based on data from the Ministry of Religion (Kemenag) for 2021, there are around 2.4 million annually in Indonesia. This study uses the theory of Family Economic Welfare with 8 variables. The data used in this study is data sourced from the results of the March 2021 National Socioeconomic Survey (SUSENAS) using the STATA 12 and SPSS 25 data analysis methods. This study uses logistic regression on 659,261 respondents from all over Indonesia, among whom are categorized as prosperous and 71,701 respondents as not prosperous, based on each respondent's monthly income compared to the national poverty line. The results of this study explain that there is a significant influence between the variables of early marriage, area of residence, number of household members, gender, school participation, last education, home ownership, and sources of information that have a significant influence on welfare. Partially, early marriage has a significant influence on welfare. So, accepting H1 or the independent variable (early marriage) in this logistic regression model partially or individually significantly influences the dependent variable (welfare). Partially, economic welfare has a significant influence on early marriage. This is indicated by the p-value of the early marriage variable, which is 0.000, which is less than 0.05. Low early marriage requires extreme efforts from the human self and interaction with the environment and government support, so collaboration between community groups and the government is needed.

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