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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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Reconstruction of Ali Yafie's Thinking in the Field of Social Fiqh in the Development of Islamic Law (Critical Review) Amrin, Amrin; Suciyani, Suciyani; Nurrahmaniah, Nurrahmaniah
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.v5i1.2341

Abstract

This study aims to multiply Ali Yafie's thoughts on the development of Islamic law in Indonesia. This research uses qualitative research with a literature study approach. The data collection techniques use the library research, namely: trying to collect data from books or literature related to the researcher's discussion. The data analysis uses deductive analysis with interpretative. The results of the study show that Ali Yafie's thoughts in the field of social fiqh try to understand Islamic teachings, at least with several approaches, namely: Combining Text/nash with Reason, Blending Text with reality, and combining text with Maslahah makes fiqh more contextual and directs it more towards issues of a more social nature. in the dynamic development of Islamic law in Indonesia.
Authority of the Indonesian Doctors Association (IDI) in Providing Recommendations for Medical Practice Permits Gunawan, Rudi; Helvis, Helvis
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.v5i1.2343

Abstract

The law says that doctors and dentists have the right to perform medical actions because their jobs are unique. A doctor who does not obtain consent for legal medical action and/or performs medical practices that are not in accordance with professional standards violates human rights and health. Violations of the right to health are also violations of human rights. The goal of this study is to examine the authority of the Indonesian Doctors Association (IDI), a professional organization that provides recommendations for the issuance of licenses to practice for doctors practicing in Indonesia, and how it, along with the Indonesian Medical Council (KKI), contributes to the maintenance and promotion of the professionalism and ethics of its members (the medical profession). The approach used in this study is a normative legal approach that focuses on the results of positive legal research. As for the results of this study, cooperation between the professional organization of the Indonesian Doctors Association (IDI) and the Central Government and Regency/City Regional Governments for medical practice licensing services and supervisory boards is needed to maintain the professionalism of IDI as the only professional doctor organization in Indonesia.
Penyalahgunaan Akun pada Handphone Iphone Perspektif Ibnu Taimiyah (Studi pada Akun Jual Beli Online di Kota Medan) Munthe, Muhammad Royhan; Harahap, Abd. Rahman
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.v5i1.2355

Abstract

Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.
Profit Sharing Akad of Sharia Venture Capital Companies Komarudin, Parman; Sodiki, Muhammad; Yanova, Muhammad Hendri; Hadi, Hendra; Yusuf, Mahmud
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.v5i1.2357

Abstract

This study aims to analyze the essence of profit sharing contracts for Islamic venture capital companies. This study uses a qualitative method which is a method that focuses on in-depth observation. Therefore, the use of qualitative methods in this study resulted in a more comprehensive review of profit-sharing contracts for Islamic venture capital companies. the type of research that the author uses is normative legal research. The nature of research in this writing is the nature of descriptive research. The approach used in this legal research is a statutory approach and a conceptual approach. The results of this study indicate that Islamic venture capital uses musyarakah and mudharabah akad in the profit-sharing scheme. Akad Musyarakah are used for companies that already have an ongoing business, but still need additional capital for business expansion purposes and akad mudharabah are used when a new business is established that has prospects for development.
Mediation as an Alternative to Medical Dispute Settlement in Hospitals Banjarnahor, Hotma; Helvis, Helvis
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.v5i1.2359

Abstract

Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.
UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code) Suprayogi, Rizqi
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.v5i1.2363

Abstract

This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.
Tinjauan Yuridis Tanggung Jawab Hukum dalam Perjanjian Kredit Perbankan Apabila Debitur Wanprestasi Nuralisha, Marsheila Audrey; Mahmudah, Siti
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.v5i1.2364

Abstract

Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.
Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia Iswandi, Iswandi; Bukhari, Bukhari
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.v5i1.2369

Abstract

This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.
Gerakan Bahagia Bersama Tetangga (GBBT): Analisis Implementasi Distribusi Dana ZIS di Desa Pacar Peluk Kecamatan Megaluh Kabupaten Jombang Hikmah, Salma Utiya; Choiri, Muttaqin
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.v5i1.2376

Abstract

Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.
Implementasi Undang-Undang Nomor 2 Tahun 2004 Tentang Penyelesaian Perselisihan Hubungan Industrial dalam Hal Penyelesaian Pemenuhan Hak Pekerja Wanita Maudina, Friska; Nurdin, Maharani
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.v5i1.2378

Abstract

The purpose of writing this journal is to find out what women's rights are, and what companies should provide to fulfill the rights of women workers, and besides that to find out how the role of Law Number 2 of 2004 concerning industrial dispute resolution in resolving disputes over women's rights carried out by companies through the mechanism contained in Law Number 2 of 2004, specifically by way of Bipatrit settlement. The writing method used is the normative juridical method (statute approach) because in this writing it examines several statutory regulations, especially the law regarding the settlement of industrial relations disputes. then the approach taken is a statutory approach. Based on the results of the presentation of the material that has been written, it can be seen that the fulfillment of the rights of women workers has not been fully fulfilled, there are still many companies that do something about fulfilling the rights of women workers, it is not uncommon for women to even take leave on the first day and secondly when menstruation is subject to wage deductions, this is contrary to the Labor Law, in the case of not fulfilling the rights of female workers, female workers can sue the company to ask for their rights to be fulfilled, an easy settlement is done first before going further can be done by bipatrit, in this way women workers can claim to get their rights as explained in the Manpower Act.

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