Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
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.
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786 Documents
<![CDATA[Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik ]]>
<![CDATA[Nastiti, Althea salza]]>;
<![CDATA[Darmawan, Madeleine Evania]]>;
<![CDATA[Irawan, Deny]]>;
<![CDATA[Arifah, Nurmalita Fajar]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2385
<![CDATA[Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.]]>
<![CDATA[Implementasi Asas Keterbukaan dalam Pelaksanaan Program PTSL di Kabupaten Jepara ]]>
<![CDATA[Hikmawan, Moh Wildan]]>;
<![CDATA[Adhim, Nur]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2398
<![CDATA[Land registration is a process that should be carried out by every community who exercises control over their land, the government seeks various ways to create people who are aware of the importance of registering land under their control with the aim of obtaining legal certainty and legal protection, therefore the government carries out a land registration program complete systematic in Jepara district. This paper aims to explain the implementation of a complete systematic land registration program in Jepara Regency and the implementation of the principle of transparency in the implementation of the PTSL program in Jepara Regency. The research method uses a normative juridical approach that has descriptive characteristics. The results of this study are that the implementation of the PTSL program in Jepara Regency is carried out by the National Land Agency with participation in each village so that the PTSL program is carried out in that village, and also explains the steps in implementing the PTSL program, and solving problems in land disputes and errors in the publication land certificates registered by the community, and the creation of the principle of openness in the PTSL program in Jepara Regency.]]>
<![CDATA[Perlindungan Hukum Seorang Anak Sebagai Pemohon Dispensasi Kawin Pasca Revisi Undang-Undang Perkawinan ]]>
<![CDATA[Putra, Yoga Abiansyah Dwi]]>;
<![CDATA[Yunanto, Yunanto]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2403
<![CDATA[In general, those who apply for a marriage dispensation are the parents or guardians of the child as in Article 7 paragraph (2) of Law No. 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, when the petitioner are often minors where they are legally incompetent. This study aims to find out how the legal protection of minors as a marriage dispensation petitioner after the revision of the Marriage Law and the judge's efforts in determining the marriage dispensation application where the Petitioner is a child. The research method used is a normative juridical approach with library research data collection techniques from secondary data and field studies using interview techniques from primary data. The results of the study indicate that legal protection for minors as petitioner for marriage dispensation after the revision of the Marriage Law has not been maximized because there is still a legal void, it is necessary to make written rules from the government that can guarantee legal certainty. Efforts that can be made by judges to determine cases of this kind are judges making legal discoveries while still prioritizing the best interests for children.]]>
<![CDATA[Perspektif Hukum Dalam Penanganan Pandemi Covid-19: Studi Komparatif di ASEAN-5 ]]>
<![CDATA[Widiantoro, Andri]]>;
<![CDATA[Astutik, Sri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2405
<![CDATA[Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.]]>
<![CDATA[Kajian Hukum Terhadap Bahaya Pengumpulan Informasi Rekayasa Sosial Melalui Fitur Add Yours Instagram ]]>
<![CDATA[Novitasari, Nanda Silvia]]>;
<![CDATA[Tantimin, Tantimin]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2420
<![CDATA[The development of information technology has changed human behavior and increased performance and productivity because it allows various activities to be carried out quickly, precisely, and accurately. As technology develops, the use of social media is also growing. The Addyourss feature on Instagram Stories is based on user-generated content and should positively impact broader engagement on Instagram; however, in Indonesia, this feature is abused by irresponsible parties, causing problems. Fraud and misuse of personal identity. This study is designed to analyze legal research on the dangers of collecting information on psychological manipulation by adding your Instagram capabilities and to analyze the extent to which the government provides legal protection for personal data against data misuse, personal data on social media platforms based on the ITE Law and what legal actions what victims can do about misuse of personal data on social media platforms. This qualitative research uses the natural environment to explain what happened and was carried out by involving existing methods. The findings of this study indicate that legal protection of personal data against misuse of personal data on social media platforms still needs to be improved and comprehensive. Establishing a clear and comprehensive law is urgently needed to identify clear steps in using personal data to provide legal certainty for protecting public personal data. According to the law, legal action for victims of misuse of personal data on social media platforms is still limited to filing lawsuits and demanding administrative penalties.]]>
<![CDATA[Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung ]]>
<![CDATA[Ridwan, Muhammad Basitur]]>;
<![CDATA[Hapsari, Ifahda Pratama]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2436
<![CDATA[The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.]]>
<![CDATA[Kajian Hukum Penerapan Ketentuan Hukuman Mati dalam Undang-Undang Tindak Pidana Korupsi ]]>
<![CDATA[Ginting, Grenaldo]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2442
<![CDATA[Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates "in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: "Indonesia is a state based on law". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.]]>
<![CDATA[Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili ]]>
<![CDATA[Siregar, Wilma Putri Handayani]]>;
<![CDATA[Permata, Cahaya]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2446
<![CDATA[Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void]]>
<![CDATA[Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan ]]>
<![CDATA[Aprilio, Zulfikar Madyasta]]>;
<![CDATA[Silviana, Anna]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2457
<![CDATA[The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.]]>
