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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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Bankruptcy Petition Based on Debt Arising from Agreement with Arbitration Clause Gunawan, Triandy; Rachman, Yulian Ananto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4633

Abstract

The business world requires efficient and cost-effective methods of resolving business disputes. With the presence of Arbitration Institutions as an alternative for resolving business disputes outside the judicial system, the business world has various options tailored to their characteristics and needs. Apart from going through arbitration institutions, it turns out that debt dispute resolution can also be done through PKPU (Postponement of Debt Payment Obligations) and filing for Bankruptcy at the Commercial Court. The disharmony between the absolute authority of arbitration which is extra-judicial in nature and the absolute authority of the Commercial Court which is an extraordinary court in examining and adjudicating bankruptcy applications gives rise to legal problems which can affect the confidence of the business world. This research aims to analyze bankruptcy applications based on debts arising from agreements with arbitration clauses. This research uses normative legal research methods with a statutory approach and a legal concept analysis approach. The research results show that the Commercial Court is an extraordinary court, so it has the authority to adjudicate bankruptcy applications even though there is an arbitration clause. To file a bankruptcy petition at the Commercial Court, it is necessary to fulfill the requirements of simple proof of the existence of at least two creditors, one of whose debts is due and can be collected.
Potential Cybercrime and Prevention in the Overseas Official Travel Approval Letter Rohmat, Aas; Ardhani Putri, Hanuring Ayu; Muhtarom, Muhammad; Ismiyanto, Ismiyanto; Febriani, Anies Fortina
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4674

Abstract

The aim of this research is to the potential for cybercrime and its prevention in foreign official travel approval letters. The research method used is normative juridical. The data collection technique is library research. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in foreign official travel approval letters includes hacking, identity theft, data breaches, phishing, spamming, cyber vandalism, virus writers, XML injection, security configuration errors. To prevent cybercrime, the simple web application or https://simpel.setneg.go.id has data security, namely security testing by the state cyber and password agency, a captcha feature on the simple web, one time password feature on simple phones, application of certified digital signatures. The conclusion of this research is that the potential for cybercrime in overseas official travel approval letters is increasing. Prevention solutions can include educating users, using a hacker perspective, patch systems, policies, Intrusion Detection Systems bundled with Intrusion Prevention Systems, antivirus firewalls. Legal regulatory steps to support the implementation of cybercrime prevention solutions, namely Law No. 11 of 2008 concerning ITE and PP No. 82 of 2012 concerning the implementation of Electronic Systems and Transactions.
The Role of The Fisheries Court in The Settlement f Illegal Fishing Disputes in Indonesia Wiharja, Mahegi Ashardani Warna Adhi; M.S, Edith Ratna
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4763

Abstract

The practice of illegal fishing or fish theft in Indonesian waters is still ongoing until now. These problems result in many parties being harmed, so it is very necessary to enforce the law that regulates these acts. The purpose of this study is to analyze the position of the fisheries court as a special court and how the fisheries court solves illegal fishing problems related to fishing without being equipped with documents or permits. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The result of this study is that the fisheries court in its position has the authority to examine, adjudicate, and decide on criminal acts in the fisheries sector as a special court within the general judicial environment. As for why the fisheries court is a special court because the judges are not pure, there are judges who are in control of the fisheries sector. As well as the existence of foreign vessels that commit fish theft without being equipped with documents or permits, they will be given sanctions and criminal penalties in accordance with Law Number 45 of 2009 which was previously revised from Law Number 31 of 2004. The punishment given to illegal fishing perpetrators can be in the form of imprisonment, fines, and revocation of rights. Illegal fishing perpetrators must receive rewards by being subject to large fines for committing violations.
The Role of the Investment Alert Task Force as a Form of Consumer Protection Against Fraudulent Investments Pakpahan, Elvira Fitriyani; Hulu, Angellina Livonaria; Purba, Emmerita; Siregar, Jenni Yustina
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4770

Abstract

This research delves into the function of the task force in bringing attention to questionable investments via consumer protection measures, particularly in cases when several individuals fall prey to fraud resulting from these questionable investments. The major foundation for integrating and improving law enforcement in the consumer protection sector is Law No. 8 of 1999 regulating consumer protection, which regulates consumer protection. The normative juridical approach, based on deductive inquiry that begins with the examination of legislative items, is the basis of this investigation. The foundational law for Indonesian investment rules is Law no. 25 of 2007, which addresses capital investment. The notion of "full disclosure" is one way that Law no. 8/1995 protects investors from potential harm. Other measures include harsh penalties for administrative infractions, criminal and civil litigation, illegal conduct, and defaults, as well as administrative penalties. Therefore, the government should be stricter in collecting public and consumer money for company licences, and the disadvantaged should take a more active role in selecting their financial investments to avoid falling victim to illicit ones.
Resolving Bad Credit for Blacklisted MSMEs at PT Bank Rakyat Indonesia Gondosari Kudus Unit Wulandari, Miladianur; Mahmudah, Siti
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4869

Abstract

Many credit capital is used as a way to develop a business or start a business. However, there are quite a few that can save credit from various problems. So there needs to be a solutionconcrete way to overcome the problem of blacklisted bad credit. The main problem of this research is about the policy of the Bank Rakyat Indonesia Gondosari Kudus Unit in resolving bad credit for blacklisted MSMEs and how to implement the policy for resolving bad credit for blacklisted MSMEs. This research uses empirical juridical methods. This study aims to determinepImplementation of policies for resolving bad credit for MSMEs that are blacklisted and how the policy of the Indonesian People's Bank, Gondosari Kudus Unit regarding resolving bad loans of blacklisted MSME debtors.Resolving blacklisted bad credit can be done by submitting a credit agreement restructuring application. Furthermore, settlement can also be done through the Bank Indonesia Dispute Resolution Agency. The last is settlement through court. Settlement through court is the stage of resolving bad credit which is carried out through legal channels.
Analysis of Cybercrime Potential in E-Commerce Buying and Selling Transactions Elisanti, Evi; Khaerudin, Ariy; Junaidi, Amir; Ardhani Putri, Hanuring Ayu; Muhtarom, Muhammad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4910

Abstract

The research aims to analyze the potential for cybercrime in e-commerce buying and selling transactions. The research method used is normative juridical. The type of primary data is interviews and discussions related to e-commerce, and secondary data is library literature. Data collection techniques used literature studies, interviews, observation, and documentation. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly, including minimal knowledge, waste of money, being tempted by fake gifts, high levels of unemployment and poverty, and less strict government security policies. Forms of cybercrime in e-commerce include hacking, identity theft, data breach, phishing, spamming, pharming, pretexting, qui pro quo, and contacting the victim directly. Specific solutions are needed to overcome the cybercrime problem of e-commerce buying and selling, namely Backup, Use of SSL Certificates, Firewall, E-Commerce Security Plugin, Multilayer security, User and Staff Education. The conclusion of this research is that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly so it is very necessary to prevent specific solutions in resolving cybercrime problems in e-commerce buying and selling transactions.
Criminal Law Policy on the Protection of Protected Wildlife Lesmana, Wiyata Yudha; Abduh, Rachmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.5029

Abstract

Indonesia has biodiversity and ecosystems that are so very important that protection of conservation is needed because there are many crimes against ecosystems and the environment for endangered species. This research raises the issue of the rule of law on protecting protected wildlife in Indonesia and legal efforts in protecting protected wildlife. This study aims to answer the problems that become the issue of research discussion, namely examining criminal law policies in wildlife protection in Indonesia. The method used in this study is normative juridical, which examines the literature on legislation (library research). The study results show that the government's legal regulations, policies, and laws that strengthen the factors aimed at protecting wildlife in Indonesia are very good. However, the lack of public awareness is caused by economic factors or insufficient food needs, resulting in actions prohibited by the government and laws, namely hunting and illegal trade.
A Structural Functionalism Theory Review of the Prohibition of Sara Urang Marriage in Asir-Asir Village Central Aceh Fattah, Al; Arresti, Fatma Tria; Rizki, Fitria Noviatur
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.5047

Abstract

The purpose of this paper is to examine further how the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency, and how the structural functionalism theory reviews the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency. The type of research in this paper is empirical legal research using a sociological approach and the data sources used are primary data sources and secondary data sources. This research shows: First, the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar Subdistrict, Central Aceh Regency is based on the tradition of the prohibition of sara urang marriage and its purpose is to avoid social impacts when domestic conflicts occur. So, if you violate the tradition of the prohibition of sara urang marriage, you will be subject to sanctions in the form of parak (seclusion) and also muguleh koro (pay a fine). Second, the prohibition of sara urang marriage as a means of creating order in society is supported by the role of an active and interconnected community structure. This is by the theory of structural functionalism which explains that the relationship between interconnected elements will help to create order in society.
Efforts to Prevent Crime Triggers in Sexual Murder Cases in China Through Public Education, Victim Protection, Perpetrator Rehabilitation, and Law Enforcement Jiahui, Xinyue
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.5053

Abstract

This study aims to provide evidence-based recommendations for public education, victim protection, offender rehabilitation, and law enforcement. Adopting a literature review methodology, this research analyzes sexual homicides in China to identify the factors that trigger such crimes and the strategies to prevent them. Through literature searches, document studies, and expert interviews, this study highlights the profiles of perpetrators, who are predominantly males with troubled pasts and often possess antisocial or schizoid personality disorders. Victims are often chosen randomly, with extreme physical and sexual violence used to express dominance. This phenomenon reflects broader social dysfunctions in Chinese society and challenges within the judicial system. The investigation of these cases underscores the need for a multidisciplinary approach to understand and prevent sexual crimes. This work emphasizes the importance of prevention strategies based on criminological theories such as Power and Control, Sexual Violence and Aggression, and Criminological Psychopathology to holistically address the issue of sexual homicide.
Gender Justice in Saudi Arabia: Sociotechnical Institutions' Approach to Addressing Domestic Violence Against Women and Men Noor, Layla Abdullah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5054

Abstract

The aim of this research is to determine the effectiveness of a sociotechnical institutional approach in overcoming domestic violence against women and men in Saudi Arabia with a focus on achieving gender justice. This research uses an extensive literature review method by examining scientific literature, official documents, and reports from various sources to gain an in-depth understanding of this problem. This analysis involves a synthesis of literature findings to understand the dynamics of domestic violence and the effectiveness of sociotechnical strategies in promoting gender justice in Saudi Arabia. The research results show that domestic violence is a global phenomenon that is understood and handled with different approaches from Islamic, Feminist and Western perspectives. The Islamic perspective emphasizes the values of justice, respect and reconciliation in marital relations, as well as fighting for women's rights and opposing violence within the framework of religious teachings. Feminist approaches, particularly in Western contexts, highlight gender-based power dynamics and urge to address inequality as a root cause of domestic violence. In addition, the family violence perspective and ecological violence theory offer a broader view of this issue. In Saudi Arabia, the role of sociotechnical institutions is very important in overcoming the problem of domestic violence. A multidisciplinary approach that includes technology, legal reform, education, and community support contributes to creating a safer and more supportive environment for women. This research concludes that a sociotechnical institutional approach can be an effective strategy in achieving gender justice and reducing domestic violence in Saudi Arabia.

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