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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 Wanprestasi dalam Sewa Menyewa dengan Pejabat Pemerintah yang Diganti" (Studi Kasus PN Kutai Barat No. 56/Pdt.G/2020) Seiff, Fariz; Lukman, FX Arsin
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.v5i2.3034

Abstract

In the lease agreement, it can be understood that where one party binds himself to give enjoyment of an item to another party, for a certain time with payment that the party can afford. The problem raised in this case is that the tenant is an official representing a government agency who does not pay the rent even though the deed of the lease agreement has been signed, then when the achievement has not been fulfilled, the official has been replaced. What will be discussed in this article is the responsibility for fulfilling the achievements of the Mahakam Ulu District Government. To answer these problems, normative juridical research methods are used. , this study did not use observations or interviews with respondents. When viewed from the angle of its shape, this research is a prescriptive research. Prescriptive research is research that aims to provide solutions or suggestions in overcoming a problem. First, it will discuss how the plaintiff's lawsuit does not include the Regent of Ulu Regency as the Defendant in the lease agreement, then an analysis will be carried out regarding legal protection against those who rent out defaults carried out by the Public Works and Public Housing Agency.
Kedudukan Penegak Hukum Penyidik Terhadap Tindak Pidana Pencucian Uang Dalam Militer di Indonesia Fitrianingrum, Avisa; 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.v5i2.3045

Abstract

Crimes that are classified as extraordinary crimes are money laundering which can disrupt the economic and structural stability of the country. This offense can be committed by active members of the TNI. The investigation into him is an integral part of the criminal justice system. The aim of this research is regarding the role and position of legal investigators in dealing with TPPU involving the military in Indonesia. The method used in this research is normative by reviewing literature and legal sources, including legal principles, positive law, legal regulations, and legal principles. Research findings show that if there are members of the TNI who commit general offenses (including TPPU), then the investigative authority in money laundering cases involving the Indonesian military can come from the POLRI, TNI, Attorney General's Office, or other agencies that have investigative and prosecutorial authority. All parties must coordinate to ensure that this case is handled carefully and transparently in accordance with applicable law.
Kajian Hukum Terhadap Peraturan Desa Kradenan Kecamatan Kaliwungu Kabupaten Semarang No. 11 Tahun 2022 Tentang Pungutan Pasar Desa Warsito, Warsito; Destyarini, Normalita; Prastyanti, Rina Arum; Elisanti, Evi
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.v5i2.3088

Abstract

The purpose of this research is to determine the process of formation and legal consequences of Kradenan Village Regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning Village Market Levies. The research subjects were traders at Kradenan Village's Firm Market. The research method used is an empirical juridical approach. Data collection techniques are literature study, interviews, observation and documentation. The qualitative descriptive data analysis technique is in the form of an interactive analysis model. The results of the research show that the process of forming village regulations regarding village market levies is 1) village regulations are determined by the village head with the BPD, 2) hamlet deliberation 3) village deliberation, 4) village head conveys village regulations to the regent or mayor through the subdistrict head as a supervisory control or coaching, 5) Village government and BPD disseminate information regarding Kradenan Village regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning village market levies on the community and stakeholders. The legal consequences of village regulations regarding village market levies are warning sanctions and administrative sanctions for violations and non-compliance with these regulations. The conclusion of the research is that the impact of village regulations regarding village market levies is very significant in increasing PAD, empowering village-owned assets, prospering and improving the economy of village communities. To optimize PAD, it needs to be determined and regulated in village market levies
Tanggungjawab Sekretaris Desa Papringan Dalam Kasus Sengketa Tanah di Desa Papringan Suwarto, Suwarto; Santoso, Aris Priyo Agus; Habib, Muhamad; Elisanti, Evi
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.v5i2.3090

Abstract

The aim of this research is to determine the responsibilities and obstacles of the Papringan village secretary in cases of land disputes in Papringan Village. The research location is at the Papringan Village Office, Kaliwungu District, Semarang Regency. The research method used an empirical juridical legal science approach. Primary data was obtained through interviews, discussions with village secretaries, parties in land disputes, village communities to provide information regarding the resolution of land dispute cases through mediation. Secondary data was obtained from library literature. Data collection techniques used were literature studies, interviews and documentation. The qualitative descriptive data analysis technique used an interactive analysis model. The results of the research show that the responsibility carried out optimally by the village secretary can improve services, development and empowerment of the village both individually and in the village community, so that the implementation of the duties and functions of the village secretary in resolving land dispute cases is more focused in a planned, orderly manner in order to achieve the expected goals. The Village Secretary's responsibilities are carried out efficiently, effectively and are able to reduce the emergence of problems in resolving land dispute cases through mediation. The obstacles of the Papringan village secretary in the land dispute case in Papringan Village are internal and external factors. The conclusion of this research is that the responsibility of the village secretary in resolving land dispute cases in Papringan Village is good enough and optimal so that obstacles to resolving land dispute cases can be minimized.
Tinjauan Hukum Pidana Cheat/Hacking dalam Game Online Berdasarkan Undang-Undang Nomor 11 Tahun 2008 dan Undang-Undang Nomor 19 Tahun 2015 Pathavi, Williem; Prasetyo, Mujiono Hafidh
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.v5i2.3110

Abstract

Technological developments in cyberspace today show the development of new ideas and works in various fields. Gaming technology is one of the highlights. Online games are games that connect each player through a network. The increasing number of online game enthusiasts, makes competition between players increase and there is a desire to be superior by taking shortcuts, namely cheating. The more frequent occurrence of cheating/hacking in online game systems raises questions (1) whether Law number 11 of 2008 on Information and Electronic Transactions can be used as a basis for criminal prosecution of perpetrators of cheating/hacking in online game systems? (2) what are the criminal penalty for perpetrators of cheating/hacking in online game systems according to Law number 11 of 2008 concerning Information and Electronic Transactions? The purpose of this normative legal research is to find out the legal provisions governing cheat/hacking in online game systems and criminal penalty that punish the perpetrators in Law number 11 of 2008 on Information and Electronic Transactions, which requires secondary data and library data in reviewing it. The results of his research found that Law number 11 of 2008 on Information and Electronic Transactions can be used as the basis for criminal penalties for perpetrators of cheating/hacking in online game systems because the act of cheating/hacking fulfills the elements of a criminal act contained in Law number 11 of 2008 on Information and Electronic Transactions. Criminal sanctions for perpetrators of cheating/hacking in the online game system are adjusted to the provisions of the article that is violated.
Perlindungan Hukum Terhadap Kriminalisasi Jabatan Notaris Ditinjau Dari Undang-Undang Jabatan Notaris Alvanso, Tonicca; Prasetyo, Mujiono Hafidh
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.v5i2.3153

Abstract

In essence, the function of the Notary's position is to provide services to the public in making authentic deeds and the Notary is not an interested part in the deed being made, but only as consolidates or records in writing a legal action from the interested parties. However, nowadays, due to increasingly complex legal issues, the position of Notary Public is often criminalized, namely appointing or making an act that was not originally a criminal act into an act that can be punished, the act in question includes the authority of the Notary position which the Notary tries to implement in accordance with statutory regulations. which applies in Indonesia. The formulation of the problem in this research is how legal protection against the criminalization of Notary authority is reviewed based on the Law on Notary Positions. The aim of this research is to analyze and describe how the legal protection of Notary's authority occurs if there is a form of criminalization of the authority of public officials reviewed based on the Law on the Position of Notaries. This type of research uses normative juridical research. The result of this discussion is that there is still a need for some form of legal protection against the criminalization of Notary's authority because in the Notary's Position Law there are no strong regulations protecting the authority of Notaries in carrying out their position if there is a conflict of regulations or interests
Analisis Yuridis Alih Fungsi Tanah Kas Desa Untuk Pembangunan Kolam Renang di Desa Udanwuh Suwoto, Suwoto; Santoso, Aris Priyo Agus; Hastuti, Indra; Elisanti, Evi
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.v5i2.3354

Abstract

The aim of this research is to determine the regulation of the transfer of land to the village treasury and the obstacles of the Udanwuh Village government to building a swimming pool. The research location is at the Udanuwuh Village Hall Office, Kaliwungu District, Semarang Regency. The type of research used is an empirical juridical approach. The type of data, namely primary data, was obtained through interviews and discussions with several parties in order to provide information related to the transfer of land to the village treasury. Secondary data was obtained from library literature. Data collection techniques through literature study, interviews. Qualitative descriptive data analysis techniques. The results of the research show that the arrangement for the conversion of Village treasury land for the construction of a swimming pool in Udanwuh Village is in the form of government land in Udanwuh Village on title C Village Number 4, Plot 29 Class SII located in Ngrancah Hamlet RT.03 RW.02 village treasury land with a total area of + /- 833m2 and for the construction of swimming pools of +/-753 m2 and +/-130 m PDAM is used. Obstacles related to licensing for the conversion of village treasury land for the construction of swimming pools are based on Semarang Regency Regional Regulation No. 14 of 2003. However, with the issuance of Regional Regulation No. 21 of 2021 concerning the revocation of Semarang Regency Regional Regulation No. 14 of 2003, this has resulted in permits not being completed or delayed. The conclusion of the research is that the conversion of land functions in order to comply with applicable regulations, has a positive impact on the progress of the village, optimal management of land conversion, maximum utilization of the function of the Village treasury land into a swimming pool to improve the village economy and village community, resolving solutions to problems in make regulations regarding the transfer of cash land functions in the construction of swimming pools.
Kepastian Hukum Akta Jual Beli Tanah Di Bawah Tangan Yang Disahkan Oleh Notaris Di Kabupaten Sidenreng Rappang Provinsi Sulawesi Selatan Rully, Jodie Angelia; Ismansyah, Ismansyah; Fendri, Azmi
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.v5i2.3404

Abstract

Article 37 paragraph (1) PP No. 24 of 1997 concerning land registration, explains that the transfer of land rights can be carried out by transferring rights such as sale and purchase, exchange, gift, auction, inheritance, transfer of rights due to merger or consolidation and other transfers of rights. All transfers except auctions can only be registered if proven by a deed made by the Land Deed Official (PPAT). In the event that the land you wish to trade does not yet have a certificate, the process of transferring rights in accordance with the provisions of this Article cannot be carried out. Currently, many land buying and selling processes are carried out, not through PPAT, but buying and selling is done by deed under the hands of the parties. To strengthen the proof of private deeds, Article 1874 of the Civil Code regulates the ratification of private deeds as a form of strengthening private deeds by a notary. Therefore, the main problem is why the people in Sidenreng Rappang district choose to buy and sell land with a private deed legalized by a notary and what is the legal certainty of the private land sale and purchase deed that has been legalized by a notary. The sale and purchase of land using a private deed ratified by a notary is because the condition of the object of sale and purchase is not yet certified, buying and selling land using a private deed ratified by a notary is felt to be easier, faster and more affordable. Ratification by a notary of the private deed will guarantee that the parties really signed it, and that the private deed was indeed signed on that date.
Perlindungan Hukum Penjual terhadap Pembatalan Sepihak oleh Pembeli pada Sistem Cash on Delivery Putri Ramadhani, Yuli Eka; Fitrian, Achmad; Wibisono, Arief
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.v5i2.3472

Abstract

The rapid evolution of technology has significantly impacted commerce, transforming traditional buyer-seller interactions. New payment systems, notably Cash on Delivery (COD), have emerged, where buyers either prepay or settle upon delivery. However, COD has faced challenges, with some buyers exploiting loopholes by rejecting deliveries for various reasons. This study employs a juridical normative approach to investigate legal safeguards for sellers against unilateral cancellations within the COD system. Analyzing the ordering process and relevant regulations, the research asserts that issues in online purchases, including COD, arise only when either party breaches the agreement. A product return feature addresses discrepancies in received goods. The legal foundation for sellers' protection lies in Article 1243 of the Civil Code, reinforced by Articles 1320, 1338, 1313, and 1458. This framework provides certainty for businesses engaged in online transactions with COD, securing rights and obligations for both parties. The research emphasizes the importance of these legal measures to mitigate financial losses resulting from unjustified cancellations, ensuring a fair and regulated environment for online commerce.
Implementasi Pengelolaan Kekayaan Milik Desa Sebagaimana yang Diamanatkan dalam Pasal 77 Ayat (1) Undang-Undang Nomor 6 Tahun 2014 Styaningsih, Rahayu Utami; Destyarini, Normalita; Aryono, Aryono; Elisanti, Evi
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.v5i2.3478

Abstract

The aim of this research is to determine the mechanisms and obstacles to managing village property, as mandated in Article 77 paragraph (1) of Law Number 6 of 2014. The research method used is empirical juridical. The type of data, namely primary data, was obtained through interviews and discussions (group discussion forum) with several parties to provide information related to the management of village property. Secondary data is data obtained from library literature. Data collection techniques commonly used are literature studies, interviews, observations. Qualitative descriptive data analysis techniques. The results of the research show that the mechanism for managing village property as mandated by Article 77 paragraph (1) of Law Number 6 of 2014 is planning, procurement, use, utilization, security, maintenance, deletion, transfer, administration, assessment, guidance, supervision and control. . Inventory village assets in the SIPADES application, check the depreciation in the value of goods, including land, buildings and other assets. Providing information about village asset management to the general public so that village asset management is reported annually. Obstacles to managing village-owned assets include lack of knowledge of human resources regarding village asset management, SIPADES officers being disorganized in inputting data, the community not caring about maintaining village assets, lack of communication regarding the implementation of village asset management regulations. The conclusion of this research is that the village's wealth management mechanism is to inventory its assets in the SIPADES application and can reduce problems.

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