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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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Going Further in Combating Transnational Bribery: Voluntary Disclosure and Federal Transparency in America's Foreign Corrupt Practices Laws Joseph, Daniel Andrew
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.v6i2.5055

Abstract

The purpose of this research is to analyze the role of incentives and mitigation strategies related to voluntary reporting in enforcing anti-corruption laws, especially in the context of the Foreign Corrupt Practices Act (FCPA) in the United States. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. A company's decision to voluntarily report Foreign Corrupt Practices Act (FCPA) violations is a complex strategic move influenced by legal incentives, cost-benefit calculations, reputational risks, and financial impacts. Further research is needed regarding longitudinal studies to examine the long-term impact of voluntary reporting on corporate reputation and financial performance. This research underscores the importance of this study and its relevance in a global context that increasingly demands corporate transparency and accountability.
Obstacles to Law Enforcement: The Use of Out-of-Court Resolutions in Domestic Violence and Abuse Cases in the United Kingdom Eleanor, Amelia Jane
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.v6i2.5056

Abstract

This research aims to examine the impact and effectiveness of the use of out-of-court resolution in cases of violence and domestic abuse in the UK and the implications for justice and victim protection. The research method uses a comprehensive literature review, varied data sources, and appropriate data collection and analysis techniques. This research involved the use of Freedom of Information Requests, interviews with experts, and qualitative and quantitative analysis to understand the use of out-of-court resolutions in cases of domestic violence and abuse in the UK. The result of this research is an in-depth study of the problem of domestic violence in the UK, which outlines the various forms of detrimental behavior that occur and the challenges faced in law enforcement. For example, Physical violence and emotional abuse are often interrelated, thus eroding the victim's self-confidence and leaving deep emotional wounds. By considering the concepts of restorative justice and community healing, this research highlights the complexity of handling domestic violence cases and the need for a thoughtful approach. Although there is healing potential in alternative approaches, criticism of their implementation emphasizes the need to consider the gender and power dynamics underlying violence.
Space Utilization Control on Cultural Activities in the Coastal Border Area of Rembang Regency Yulianti, Shania Ayu Nur; Mulyaningrum, 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.v6i1.5098

Abstract

The coastal border region of Rembang regency has many cultivation practices that contradict the intended purpose and designated use of that area. this will threaten the sustainability of the coast either directly or indirectly. This study aims to find out the factors the cause of space utilization in the coastal boundary area that is not in accordance with the established spatial plan, the obstacles faced and the efforts made by the Regional Government in controlling the coastal border area so that it is suitable for its designation. This study uses a qualitative method with an empirical juridical approach. Primary data sources were obtained through interviews. While secondary data obtained from legislation, books, journals. The results of this study indicate because the increasingly complex needs of the Rembang community are not accompanied by the availability of land. Some of the obstacles faced by local governments in controlling coastal border areas so that they are suitable for their designation are the lack of implementation of the provisions of incentives and disincentives as well as the imposition of administrative sanctions, the establishment of PPNS. The regional government made several efforts, including conducting socialization, conducting site reviews, providing land rights status for permitted activities.
Community Understanding of Obligations as a Recipient of PKH Assistance in the Perspective of Islamic Law Halim, Syaflin; Desminar, Desminar; Mursal, Mursal; Yanti, Elma Rida; Delina, Ros
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.v6i2.5151

Abstract

Understanding the obligations of PKH recipients helps the community understand that the assistance received must be used wisely and follow the program's objectives. Communities that understand the importance of good management will be more likely to use the assistance to improve family welfare, such as meeting basic needs, getting proper education, or developing economic skills. This study delved into the community's comprehension of the obligations of PKH recipients within the framework of Islamic law. Employing qualitative research methods, data collection encompassed in-depth interviews, observations, and documentation. Analysis indicated that most PKH beneficiaries grasp their responsibilities and strive to adhere to governmental directives. However, the involvement of religious leaders, though minimal, predominantly entails disseminating general religious messages. Specific initiatives to educate beneficiaries on their obligations within Islamic law are noticeably absent. Nevertheless, the PKH program aligns with the principles of maqashid al-shari'ah, safeguarding core aspects of faith, health, education, and property. Facilitating access to essential services fosters the well-being and advancement of marginalized individuals.
Implications Emergence Platform Tiktok Shop Against Regulations Trade in Indonesia (Analysis of Minister of Trade Regulation No.31 of 2023) Pohan, Siti Aisyah; Rizal, M.
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.v6i2.5158

Abstract

The rapid development of technology has significantly impacted various aspects of human life, one of which is TikTok Shop, a social trading platform in Indonesia that has triggered legal issues and disrupted the e-commerce landscape. This research explores the analysis of Permendag No. 31 of 2023 concerning trade regulations in Indonesia. The method used in this study is a qualitative research method that analyzes the regulations issued by the Minister of Trade, alongside several journals that form the basis of the research. The data in this research article identifies the main legal issues contributing to the platform, including legal protection provided to MSMEs, taxation issues, and the regulations of the Minister of Trade. The results of this research indicate that electronic commerce business actors intending to provide services using an electronic system must register and apply for a commercial transaction permit via the electronic system. One of the government's primary objectives in requiring e-commerce players to register with the electronic system is to protect all stakeholders, including economic actors and consumers. The TikTok Shop feature is one of the reasons the Minister of Trade issued this regulation, as it does not yet have official permission to operate as an e-commerce platform. By complying with existing regulations, the business community can take advantage of the opportunities offered by the e-commerce ecosystem and contribute to building a fair and legal digital business environment.
Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective Fadilah, Nurul; Sukiati, Sukiati
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.v6i1.5159

Abstract

Incestor incestuous sexual relations are acts that are prohibited by law, including customary law and Islamic law. The prohibition of incest in the legal context is categorized as a crime that damages the basic social order of society. This study aims to explore how sanctions are applied to incest perpetrators in the context of Mandailing customary law and Islamic criminal law. This research adopts a qualitative approach in its research methodology. Data was collected using interview techniques extracted from sources in the field. This study concludes that the legal sanction for perpetrators of incest according to Mandailing customary law is by expelling the perpetrator of the crime of incest from his village. According to Islamic criminal law, the sanction imposed on married perpetrators of incest crimes is the death penalty, and unmarried perpetrators are punished by flogging and exile. Compared to Islamic law, the sanctions for implementing customary law in Mandailing can be considered lighter. It is hoped that this study will provide an overview of the variations in decision-making regarding the crime of incest under different laws. This study is also expected to contribute to the development of legal discourse in society, especially customary law on the one hand and Islamic legal perspectives on the other.
Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings Pratiwi, Widya; Tjoneng, Arman
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.v6i2.5166

Abstract

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.
The League of Imams and Alphas in Yorubaland, Edo, and the Delta (Rābiṭah): The Journey So Far Akanni, Akeem A.; Ajani, Oni Idris; Busari, Saheed Abdullahi; Amina, Dawodu O.
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.v6i2.5339

Abstract

The southwestern region of Nigeria, primarily inhabited by the Yoruba people, has a significant Muslim population with a rich history dating back centuries. The establishment of mosques and the spread of Islam in the region was a gradual process that led to the formation of the League of Imams and Alfa in Yorubaland, Edo, and Delta (RābiTah) in 1962. This research examines the history, role, and challenges faced by the RābiTah in advance the interests of Muslims in the region. The research method used is a doctrinal approach with qualitative methods to collect and analyze information related to RābiTah. The study found that, over the years, RābiTah has achieved essential accomplishments such as becoming a respected regional Muslim league, holding annual meetings, resolving disputes, and providing awards to deserving individuals. However, the RābiTah also faced challenges, including encroachments on the Imam's authority, tribalism, political interference, and disputes among the ulama. Additionally, preferences for foreign religious rules and divisions among native clerics posed obstacles to RābiTah's goals. The implications of these findings suggest that to overcome these challenges and achieve its goals, RābiTah must prioritize unity among ulema, establish a governing body for Islamic teachings, learn from international Islamic organizations, advocate for the welfare of Imams, and increase public visibility through educational programs and outreach activities. Hopefully, these recommendations will help Rābitah strengthen its role and contribution to Muslims in the southwest region of Nigeria.
Reinterpreting Constitutional Law through the Lens of Islamic Sufism: A Theosophical Approach to Governance and Legal Principles Bidabad, Bijan
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.v6i2.5345

Abstract

The fundamental principles of constitutional law are outlined concisely, though they are reinterpreted in this work through the philosophical lens of Sufism. While these principles are traditionally embedded in constitutional texts, they are reconceptualised here based on Sufi thought. Key concepts such as popular sovereignty, limitations on power, accountability of the governing bodies, separation and independence of powers, power equilibrium, central authority supremacy, transparency in governance, adherence to legal norms, and the mechanisms of checks and balances are critically examined. This study investigates the theoretical underpinnings of constitutional law from the theosophical and mystical perspectives of Islamic Sufism. By introducing ten foundational principles, the research aims to establish a robust framework for formulating and enhancing constitutional systems. Comparative analyses with Gnostic traditions from other religions could provide further insights. These principles offer valuable perspectives for academic discourse and have practical implications for advancing constitutional law and its reinterpretation. The inherent subtlety, sincerity, and ethical depth of Islamic Sufism provide a compelling perspective that may intrigue legal scholars and researchers. Despite its richness, the Sufi viewpoint still needs to be explored within public law studies. This paper introduces a novel and intellectually stimulating domain, inviting further scholarly inquiry.
Juridical Analysis of Directors Who Hold Concurrent Positions in Limited Liability Companies Rahman, Irsan; Polontoh, Herry; Katjong, Rizky Wisudawan; Katjong, Kadir; Katjong, Revie Kurnia
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.v6i2.5636

Abstract

The practice of concurrent positions carried out by the Board of Directors in the management of a PT does not yet have a legal basis regulated explicitly in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Concurrent positions lead to legal loopholes that can cause potential losses to the company. This research aims to analyze the practice's suitability with the law's provisions and compare it with policies in the United States. This research uses a normative method with conceptual and statutory approaches and secondary data from relevant regulations. The results show that concurrent positions can cause conflicts of interest, weaken management, and undermine corporate governance. Legislation changes are needed in Indonesia to limit the number of positions a director can hold and impose more severe sanctions for violators. In conclusion, a law revision is needed to strengthen the regulation of concurrent positions to promote better corporate governance.

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