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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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Analisis Hukum Proses Pergantian Antar Waktu (PAW) Anggota DPRD Kabupaten Empat Lawang Terkait Pelanggaran AD/ART Partai Politik Reza, Mehmed; Salia, Erli; Saptawan, Ardiyan; Mahfuz, Abdul Latif
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.v5i2.3770

Abstract

The purpose of this paper is that Time Between Time Switching (PAW) is a mechanism in the representative system to replace board members who resign, die, or are dismissed. This research focuses on legal analysis of the PAW process of members of the Four Lawang Regency DPRD who are involved in violations of the Articles of Association / Bylaws (AD / ART) of political parties. The method used is normative legal research with a statutory and case approach. The results showed that the PAW process due to violations of political parties' AD/ART refers to applicable regulations but often causes controversy. This is due to the vagueness of the definition of "violation" in AD/ART and how it is enforced. In addition, the internal political dynamics of parties and the interests of various parties often influence the PAW process, which is supposed to be neutral and objective. In conclusion, there needs to be further revision and clarification regarding the definition of violations in AD/ART as well as a firmer and more transparent law enforcement mechanism to ensure the integrity and accountability of members of the Four Lawang Regency DPRD.
Penerapan Kebijakan Pengawasan Obat Tradisional dalam Perspektif Kesehatan Masyaraat Juliana, Juliana; Kurniawan, I Gede Agus
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.v5i2.3794

Abstract

Traditional medicine is one part of Indonesia's rich culture that has been used by the community for a long time. However, issues surrounding the safety and efficacy of traditional medicines often arise as a concern in the public health domain. This research uses qualitative research methods. The data collection technique was carried out by literature study and from interviews with traditional medicine users, traditional healthcare practitioners, and health officials. Thus, this can assist researchers in understanding their perceptions, experiences, and viewpoints regarding traditional medicine supervision. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. This is done to ensure that the implementation of legal supervision of traditional medicines is carried out through various stages. The process begins with the granting of production licenses to producers after fulfilling predetermined requirements. After that, the Food and Drug Monitoring Agency (BPOM) is responsible for supervising the production process directly on site. Supervision of the production process is carried out at least once a year. However, if there are violations of either CPOTB (Good Traditional Medicine Manufacturing Practice) or GMP (Good Manufacturing Practice) requirements, the inspection will be more intensive. The inspection is carried out until the manufacturer corrects and improves production activities in accordance with applicable standards.
Perbandingan Pendekatan Restorative Justice dan Sistem Peradilan Konvensional dalam Penanganan Kasus Pidana Flora, Henny Saida
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.v5i2.3812

Abstract

This research aims to compare restorative justice and conventional justice systems in the handling of criminal cases. In this context, it can be understood to comprehend the differences, similarities, and the impact of both approaches in the context of law enforcement and criminal justice. A qualitative approach is employed to gain a deep understanding of the characteristics, similarities, and differences between the two approaches in a practical context. Research data is obtained through in-depth interviews with actors involved in the criminal justice system, such as judges, prosecutors, law enforcement officers, social workers, offenders, and victims. The results of this research depict similarities in the focus on achieving justice and community protection between both approaches. However, fundamental differences emerge in their primary goals, with Restorative Justice emphasizing reconciliation, recovery, and conflict resolution, while the conventional justice system tends to lean more towards punishment as a form of retribution. The Restorative Justice approach assigns a more active role to victims in the process of handling criminal cases, enabling them to speak and participate in the recovery process. Meanwhile, the conventional justice system often follows a formal and adversarial process. This research has significant implications for understanding how both approaches can contribute to achieving fair and effective justice goals. The results of this research can be used as a basis for formulating better policies in handling criminal cases.
Perlindungan Hukum Terhadap Anak dalam Perceraian Menurut Perspektif Hukum Keluarga Islam Sebriyani, Yeni
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.v5i2.3822

Abstract

The purpose of writing this paper is to examine the concept of legal protection of children in divorce according to the perspective of Islamic family law. By using normative law which is classified as literature research through the collection, evaluation, and analysis of library sources such as books, jurnal, and legislation related to the law of how children divorce according to the perspective of Islamic family law. This study aims to understand child custody, the conditions of nanny, as well as the views of various schools in Islam related to this issue. The results of the analysis are used to construct a narrative about the principles of legal protection of children in divorce according to Islamic Family Law and can have policy implications. The result of this work is a) In Islam, children are considered a gift and have a variety of statuses, with special rights that include income and education. The importance of respecting and protecting the rights of children, including children out of wedlock, are core values in Islamic teachings. b) Protection of children's rights in divorce situations, in particular custody, is an important aspect that emphasizes the need to ensure the welfare of the child and the cooperation of parents to protect those rights.
Memahami Etika Bisnis Islam dalam Manajemen Keuangan Serta Konsep Konsep Manajemen Keuangan dalam Islam Labaika, Sindi; Adhilla, Fitroh; Riduwan, Riduwan
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.v5i2.3840

Abstract

Ethics is the science that discusses the good and bad actions of human beings as far as the human mind can understand. Ethics in finance talks about financial behavior or activities that are ethically right or wrong. Islamic financial mechanisms run by financial institutions cannot be separated from sharia concepts that regulate product mechanisms and operations. The purpose of this study is to provide an explanation of what are the concepts of finance in Islam. In this research, the type of research we use is qualitative research with a descriptive approach through library research, which is a way of systematically analyzing existing literature such as articles, books, journals and documents related to the research theme and the author uses primary data sources in the form of al-Qur'an and hadith. Islamic financial management in this case the author concludes that in the Islamic treasures, the Qur'an and hadith should be used as the main source in all life activities. Likewise in financial management which is a very sensitive matter in an organization. Similarly, financial management is a very sensitive matter in an organization, especially in educational institutions. Thus, financial management must be organized as much as possible. Maximum financial management does not only depend on how to manage the finances.
Hak-Hak Penyandang Disabilitas dalam Proses Penyebarluasan dan Partisipasi Masyarakat dalam Pembentukan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Violetta, Cicilia Alda; Susetyo, Heru
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.v5i2.3957

Abstract

The dissemination and public participation process should be evenly distributed to every community group, including groups of Persons with Disabilities. It is because groups or organizations of persons with disabilities have never been considered and involved by the Government and the House of Representatives since the beginning of the draft of the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (Job Creation Law) discussion. The substance of the law is very relevant and will impact persons with disabilities. The non-participatory process of drafting the Job Creation Law stems from a non-transparent process characterized by the difficulty for the public to access documents related to the discussion of the law. The lack of public involvement, mainly of persons with disabilities, has also been the criticism target in forming this law. This research method is doctrinal. The results show that the rights of persons with disabilities in the process of dissemination and public participation have been regulated in the CRPD, this is also related to Meaningful participation, which should have been given by the government and the state to all people equally so that their aspirations can be expressed, but the fact does not reflect this, as the Job Creation Law which seems hasty and lack of public participation. Therefore, understanding the meaning of principles and implementing the applicable legal norms is needed to realize meaningful participation.
Dampak Pembatalan Syarat Sertifikat Pelatihan Untuk Pengangkatan Jabatan Notaris Berdasarkan Hukum di Indonesia Natasya, Angel Olivia; Hosein, Siti Hajati
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.v5i2.2105

Abstract

After the Supreme Court Decision, Number 50 P / HUM / 2018 concerning the Cancellation of Permenkumham Number 62 of 2016 concerning Terms and Procedures for Appointment, Transfer, Dismissal, and Extension of Notary Term of Office, which is considered contrary to Article 3 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary has an impact, namely the issuance of Permenkumham Number 19 of 2019. Permenkumham Number 19 of 2019 changed the notary appointment examination as one of the conditions for the appointment of the position of Notary to the required photocopy of the training certificate for improving the quality of the Notary position. The cancellation of the Permenkumham was then repeated with the Supreme Court Decision No. 3 P/HUM/2022 which invalidated Article 2 paragraph (3) of Permenkumham No. 19 of 2019, which was deemed detrimental by the Petitioner in this case because of the long, long-winded and costly process. This research is expected to provide explanations and solutions to the above problems carried out using normative juridical methods guided by applicable laws and regulations.
Hukum Hutang Piutang Sebagai Modal Nikah: Studi di Kelurahan Pota, Sambi Rampas, Nusa Tenggara Timur Hafid, Abdul; Syufa’at, Syufa’at
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.v5i2.2142

Abstract

This research discusses the problem of the habitual practice of debt by some communities in Pota Village, Sambi Rampas, East Nusa Tenggara. The habit of going into debt for marriage capital has become a tradition to this day, the purpose of this tradition is to make it easier for the men who are getting married. The way to collect capital for marriage is done by holding an event where with the aim of inviting invited guests and you are required to bring money with a free nominal but the event party will record the name and nominal that is brought, the purpose of recording is because it has an obligation to return according to the nominal brought by the invited guests. The purpose of this study was to find out the habit of practicing debt as a marriage capital according to Islamic law and to find out the tendency of people to get used to debt and debt behavior in such a way that it causes addiction and becomes a tradition in the social life of the Pota Village community. This type of research is field research where the research is in the Pota Village. The method used in this study uses a qualitative descriptive analysis method. This study found findings indicating that the habit of people in debt has become a hereditary tradition and based on the results of interviews with four informants from local residents indicate that the habit of debt receivables being used as capital for marriage is other than the tradition in Pota Village but found changes in the method of repaying debts that have been recorded where there is an excess of repaying the debt depending on the times and the value of the currency. It turns out that in the concept of fiqh muamalah the way to pay off debts that exaggerate includes usury.
Perlindungan Perempuan dari Pemaksaan Perkawinan Perspektif Maqashid Syari’ah (Studi Fatwa Kupi Ke-2 No. 06/MK-Kupi-2/XI/2022) Ilya, Ivada
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.v5i2.2476

Abstract

Forced marriages that still occur in Indonesia are triggered by various factors, ranging from customs to religious reasons. The religious argument used to justify forced marriage is the right of the guardian's ijbar. Male guardians have the right of ijbar to marry off their children or those under their guardianship. This became the basis for the Women's Ulama Congress Discussion Forum (KUPI) in one of its deliberations to declare that the protection of women from forced marriage is mandatory. This research is a literature study in which the fatwa of KUPI (Indonesian Women's Ulama Congress) on marriage coercion becomes the object of research. the focus of the research is the relationship between the kupi fatwa and the classical fiqh text on mujbir guardians and then analysed using Jamaluddin Athiyah's maqashid sharia theory. The results of this study show that Islam does not necessarily give the guardian the opportunity to freely marry his child. There are several rules and conditions that must be met by the guardian. These conditions must be fulfilled in exercising the right of consent and must not be violated by the guardian, including the absence of mudharat to the child to be married off. KUPI's fatwa on the protection of women from forced marriage aims to prevent mischief and misfortune that occurs to women. By using the perspective of maqashid shari'ah Jamaluddin Athiyah, the protection of women from forced marriage is in line with the concept of maqashid shari'ah Jamaluddin Athiyah.
Motif Tanggung Jawab Sosial Lembaga Keuangan Mikro Syariah dalam Perspektif Ekonomi Syariah Syaichoni, Ahmad
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.v5i2.2776

Abstract

The primary issue addressed in the text is the importance of corporate governance, specifically within Sharia microfinance institutions, in achieving profitability and success. The study emphasizes the role of market share as an indicator of operational success for Sharia microfinance institutions, with a focus on meeting the needs of small communities. This study uses the library research method by extracting data from primary sources such as economics books and Sharia microfinance institutions. Data analysis is carried out using critical analysis and content analysis. The research findings highlight that these institutions use corporate social responsibility (CSR) as a strategic tool to promote their products and services. This, in turn, contributes to an increase in market share by introducing the company to the public. The text suggests that the implementation of CSR by Sharia microfinance institutions is motivated not only by economic considerations, such as marketing and promoting products but also by social motives, including a desire to assist others. In the context of Islamic or Sharia-compliant finance, the study underscores the integration of economic activities with ethical and socially responsible principles. The economic motive is evident in the use of CSR as a marketing tool to reach a wider community and promote financial products. The findings suggest that in the pursuit of economic goals, Sharia microfinance institutions also align themselves with social values by engaging in activities that benefit the broader community. This dual motive reflects the unique intersection of economic and ethical considerations within the framework of Sharia-compliant financial practices.

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