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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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Kewenangan Mengadili Dalam Penyelesaian Perkara Kepailitan dan Penundaan Kewajiban Pembayaran Utang Perbankan Syariah Kartika, Sahnaz; Harahap, Muhammad Yadi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2195

Abstract

The Religious Courts are the only legal institution authorized to resolve sharia economic disputes, based on Law Number 3 of 2006 concerning Religious Courts. This is also supported by Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. However, there are still many sharia business/shariah banking cases in commercial courts where legal submissions are tug-of-war in a dichotomy between the absolute competence of the Religious Courts and submission to the authority of the commercial court within the district court environment. So that there is regulatory disharmony and legal uncertainty regarding jurisdictional decisions in bankruptcy cases of Islamic economic institutions. This research method uses normative research by examining legal materials related to bankruptcy and PKPU. The results of the study indicate that it is necessary to unify and harmonize regulations that specifically regulate the settlement of sharia bankruptcy cases so that there are no jurisdictional conflicts between the Religious Courts and the Commercial Courts. Legal consequences if the bankruptcy case of Islamic banking is still filed at the Commercial Court, there will be coercion of the substance of sharia economic law to become conventional economic law, so that the settlement of the dispute is not in sync with the contract and the concept of settlement of cases which prioritizes business concepts and business continuity rather than fairness and certainty. substantive.
Tittle Analisis Penyebab Meningkatnya Angka Perkara Cerai Gugat Tahun 2020-2022 di Pengadilan Agama Medan Kelas IA Munthe, Masniari; Firmansyah, Heri
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.v4i2.2198

Abstract

Lately, it has been alleged that divorce cases in Indonesia have dominated divorce suits have been filed by the wives. Similar incidents were seen in Medan City, North Sumatra, by taking the Medan Religious Court Class I A sample. Data from the Medan Religious Court, the number of divorces reaches two thousand five hundred cases per year. If you look at the principles of the Marriage Law which complicate divorce, it seems contradictory, and even divorces continue to increase to this day. Against the background of the problems above, this study aims to determine the factors causing the increase in the number of divorce cases being sued in 2020-2022 at the Medan Religious Court. The author uses quantitative empirical legal research methods, namely procedures through data analysis based on statistics in the form of written and oral statements from the field. The conclusion of this study is that due to the weak family economy supported by social changes during the Covid-19 pandemic, many husbands are victims of mass layoffs, unable to meet family needs and are not responsible for supporting their families. wife and child. So there are always constant fights that lead to divorce. Then today's wives are more independent and understand their rights better as wives, access to information about divorce procedures is very easy to find through Google or LBH. So that the wife is certain to take steps to divorce her husband at the Medan Religious Court.
Peran Lembaga Alternatif Penyelesaian Sengketa (LAPS) dalam Penyelesaian Sengketa Margin Trading Novita, Dwi; Mujib, Abdul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2206

Abstract

The background of this research is that the capital market is also able to provide real benefits for investors, where in the capital market, parties who have excess funds can meet with parties who need funds with certain agreements so that mutually beneficial reciprocity occurs, one of the parts is margin trading. Basically, no one wants disputes with other people. However, in a business relationship or an agreement, each party must anticipate the possibility of a dispute arising at any time in the future, especially in the world of capital markets, so what is the margin trading system like? and what is the role of the Alternative Dispute Resolution Institution (LAPS) in resolving margin trading disputes? on the capital market dispute itself. The type of research used in this study is library research, which is a study whose data sources are obtained from written sources, including books, laws, journals, encyclopedias, the internet, and other written works related to object under study. The approach used in this research is normative juridical, namely studying and testing secondary data in the form of positive law. This research yields, first, margin trading is capital for investors to gain greater profits through stocks that are rising in value when they themselves do not have enough funds to buy. In addition, they will also be charged interest on the loan. In the event of default or default, the consequence is that share ownership is automatically liquidated to cover losses. One of them is forced selling. Second, in the realm of civil law, there are several ways of resolving disputes which in general are through litigation (using formal court channels) and through alternative dispute resolution.
Dampak Pelaksanaanpredatory Pricing oleh Pedagang Seafood Mentah Perspektif Teori Sadd Dzari’ah Muhamad Abu Zahrah (Studi Kasus Pasar Pagi Kecamatan Medan Helvetia Kota Medan) Fikri Hidayatullah, Muhammada Bimo; Zahara, Fatimah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2273

Abstract

The perpetrators of predatory pricing by raw seafood traders at Pasar Pagi, Medan Helvetia District, are activities where traders sell products at prices below the cost of producing an item. With the first objective of predatory pricing is to get rid of opposing traders or competitors from the same market. However, after the trader succeeds in driving other business actors out of the market, then the trader raises the price again and maximizes the profits he gets. The purpose of this study was to determine the impact of predatory pricing on the morning market in Medan from the perspective of Muhammad Abu Zahrah. This study uses a qualitative approach to parse and explain the problem. This research is a field research (field research) with the type of normative-empirical research, in which the author conducts research based on applicable regulations with practices that are mostly carried out in society, where these practices are not in accordance with the applicable provisions as they should. The results of this study indicate that raw seafood traders as predatory pricing actors damage the price mechanism at the morning market in the Medan Helvetia sub-district which has been formed based on the sales environment in the market. The act of predatory pricing which is understood as being understood can provide an excuse for other traders which according to Muhammad Abu Zahra can cause something that causes damage or something that is prohibited. In this case, predatory pricing actors clearly provide an entry point for fraud against other seafood traders and this is not justified in Islamic law.
Pemikiran Ibnu Taimiyah Tentang Talak Tiga (Kajian Kitab Al-Fatawa Al Qubro) Ayu, Diyan Putri; nafiah, Nafiah; Fathoni, Khoirul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2274

Abstract

This article aims to find out how Ibn Taimiyah thought about the triple divorce in one word contained in the book al-Fatawa al-Qubra, where this opinion differs from the opinion of several other madhhab scholars, and to find out the istinbath used by Ibn Taimiyah. about triple divorce in one word. This research method uses descriptive analysis method, where the author in this case tries to describe Ibn Taimiyah's opinion about triple talaq at once by using primary data sources, namely the book of al-Fatawa al-Kubra by Ibn Taimiyah. From these problems, it can be analyzed that Ibn Taymiyya argued that in dropping three divorces one time, the divorce law only fell one divorce. This opinion is stronger than the opinion of the Imam Madzhab scholars who say that three divorces are punishable by three divorces. Because Ibn Taimiyah's opinion is considered more authentic, the hadiths used are less mafsadah due to the divorce compared to the opinion of the Imam Madzhab scholars. Thus, the arguments used by Imam Madzhab scholars are considered weak by Ibn Taimiyah and his group, some are mujmal due to ambiguity. So according to Ibn Taimiyah, the arguments used by Imam Madzhab scholars are not appropriate to be used as reasons for the law of divorce in three words
Perbandingan Hukum Keluarga di Indonesia dan Aljazair Tentang Nafkah Sari, Septi Wulan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2276

Abstract

This study aims to compare family law in Indonesia and Algeria about living both in its similarities and differences, especially in the legal basis and its use. This research was made using library research which in its work by collecting book sources, journals, and internet sources. The results showed that the legal basis for living in Indonesia concerning the Rights and Obligations of husband and wife is regulated in Law No. 16 of 2019 concerning Marriage Articles 30 to 34, as well as in the Compilation of Islamic Law Chapter XII Pasa 77 to 84. Meanwhile, in the country of Algeria, it is regulated in the Family Law Code (Ordinance Marriage) Article 37. In Islamic law, the Algerian state is more dominantly inclined to the maliki school, se to the regulation of marriage and also the dominant living following the Maliki mahzab, in contrast to the Indonesian state the majority of the followers of the Shafi'i mahzab. The similarities between the two countries about living are seen in the rate of giving that does not look at social status. However, for the Algerian country, nafjah is only required to have primary materials, while in Indonesia it must be in the form of primary, tertiary, and secondary needs.
Identifikasi Pemberdayaan dan Sertifikasi Halal Pada UMKM oleh Lembaga Zakat di Bangkalan Madura Choiri, Muttaqin; Ma'adi, Alan Su'ud
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2289

Abstract

Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.
Bentuk Host Control dan Perlindungan Hukum Bagi Penanaman Modal Asing Pasca Diterbitkannya UU Cipta Kerja di Indonesia Anwar, Azhar Rahadiyan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2290

Abstract

Indonesia is believed as one of the top of Emerging Market In The World. it is believed that Indonesia could be big as BRIC (Brazil, Rusia, India, China) in term of Emerging Market and Developing Economies. Unfortunately in early 2020 spesifically March 2020, COVID-19 had emerge from china which made a big panic not only for Indonesia but The World. One of the negative impact that arise from this Pandemi COVID-19 is the economic depression including the foreign direct investment. The depression of foreign direct investment affect significantly to the economic growth of a country which include Indonesia. One of the Idea of Indonesia Government as the authorize power to keep this matters in check was to simplify regulation regarding the Foreign Investment which led to the issuance of Law no. 11 of 2020. In this research, the issue that will be discussed are the the importace of Indonesia Government to control Foreign Investment.
RETRACTION: Tanggung Jawab Instansi Pemerintah sebagai Subjek Hukum dalam Pengembalian Kerugian Negara Siagian, Lowrenszya; Erliyana, Anna
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2330

Abstract

This article was withdrawn due to indications of plagiarism. the author's statement about this is in the PDF statement
Analisis Hukum Penelantaran Tanah Girik dan Pembuatan Sertifikat Oleh Pihak Lain Serta Upaya Penyelesaian Sengketanya Gemilang, Kharisma
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2337

Abstract

This study aims to find out what factors cause the large number of Girik lands to be abandoned by their owners and can be certified by other parties, to find out the legal status of abandoned Girik lands when they have been certified by other parties, and to find out the efforts to resolve disputes over Girik lands which have been certified by other parties. other. For this reason, the research method used is a type of qualitative research using a descriptive analysis method which applies a literature study approach accompanied by observations of something that happens in society. There are many factors that have caused this neglected land to be certified by other parties, because it has been neglected, because land administration has been less orderly, because of legal uncertainty. Awareness for landowners to cultivate their land and legal certainty in matters of land is urgently needed.

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