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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<![CDATA[Tinjauan Yuridis terhadap Bidan yang Memperdagangkan Obat Substandar dalam Perspektif Hukum Pidana dan Hukum Pidana Islam (Studi Putusan Nomor 1406/Pid.Sus/2020/PN Mdn) ]]>
<![CDATA[Hasyim, Nafa Fadhilah]]>;
<![CDATA[Panjaitan, Budi Sastra]]>;
<![CDATA[Ramadani, Ramadani]]>
<![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.v5i1.2462
<![CDATA[Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[Perlindungan Perempuan dari Pemaksaan Perkawinan Perspektif Maqashid Syari’ah (Studi Fatwa Kupi Ke-2 No. 06/MK-Kupi-2/XI/2022) ]]>
<![CDATA[Ilya, Ivada]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2476
<![CDATA[Forced marriages that still occur in Indonesia are triggered by various factors, ranging from customs to religious reasons. The religious argument used to justify forced marriage is the right of the guardian's ijbar. Male guardians have the right of ijbar to marry off their children or those under their guardianship. This became the basis for the Women's Ulama Congress Discussion Forum (KUPI) in one of its deliberations to declare that the protection of women from forced marriage is mandatory. This research is a literature study in which the fatwa of KUPI (Indonesian Women's Ulama Congress) on marriage coercion becomes the object of research. the focus of the research is the relationship between the kupi fatwa and the classical fiqh text on mujbir guardians and then analysed using Jamaluddin Athiyah's maqashid sharia theory. The results of this study show that Islam does not necessarily give the guardian the opportunity to freely marry his child. There are several rules and conditions that must be met by the guardian. These conditions must be fulfilled in exercising the right of consent and must not be violated by the guardian, including the absence of mudharat to the child to be married off. KUPI's fatwa on the protection of women from forced marriage aims to prevent mischief and misfortune that occurs to women. By using the perspective of maqashid shari'ah Jamaluddin Athiyah, the protection of women from forced marriage is in line with the concept of maqashid shari'ah Jamaluddin Athiyah.]]>
<![CDATA[Administrative Transparency in Libya's Ministry of Health from An Islamic Perspective: Challenges and Determinants ]]>
<![CDATA[Henaish, Abdulhamid Mesbah]]>;
<![CDATA[Lubis, Asmuliadi]]>;
<![CDATA[Wahab, Mohd Abdul]]>
<![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.v5i1.2480
<![CDATA[The issue with the research is that it attempts to examine the administrative openness of the Libyan Ministry of Health from an Islamic point of view. The purpose of this research is to determine, from an Islamic point of view, how transparent the administrative processes of the Libyan Ministry of Health are. The objective also is to determine the factors that contribute to administrative openness as well as the obstacles that stand in the way of administrative transparency. The technique that was used in this research was an analytical descriptive one, and it was aimed at describing and analysing the administrative transparency of the Libyan Ministry of Health from an Islamic view. The findings demonstrated that the Islamic viewpoint of administrative openness centered on honesty and the practical application of the principles of honesty and integrity for the purpose of appeasing Allah. According to the findings of the research, established norms of administrative openness should be rapidly agreed upon and implemented in all institutions under the jurisdiction of the Libyan government. ِ The implications of study indicates the Islamic perspective of administrative transparency on the ministry of health in Libya.]]>
<![CDATA[Perspectives of Contemporary Muamalah Jurisprudence Law on Buying and Selling "claw" on the TikTok Application ]]>
<![CDATA[Arifah, Arifah]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2485
<![CDATA[Technological developments make changes to the buying and selling system. One of the most popular systems is buying and selling claws on TikTokshop. The purpose of this study is to determine whether buying and selling "claws" is in accordance with Islamic economic law or not. The research method is literature research. The results of the stu dy indicate that there are three problems that exist in the sale and purchase of claws, namely the type of goods, the quality and quantity of the goods, and how to take the object of the contract. In line with the permissibility of buying and selling online using a salam contract, the sale and purchase of claws must also follow the terms and conditions of the sale and purchase of salam because it is done online. In the sale and purchase of greetings, the object of the contract must be clear about the shape, size, quantity, and quality agreed at the beginning of the contract. So, based on the research results, the sale and purchase of claws contains elements of gharar (unclear) and maisir (chance) because the object of the contract depends on the seller's head, which is not known how the quantity and quality will be obtained by the buyer.]]>
<![CDATA[A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia ]]>
<![CDATA[Novri, Novrianti]]>;
<![CDATA[Amboro, Florianus Yudhi Priyo]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![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.v5i1.2488
<![CDATA[The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.]]>
<![CDATA[Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn) ]]>
<![CDATA[Suryaningsih, Fitri Sri]]>;
<![CDATA[Hayati, Amal]]>
<![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.v5i1.2490
<![CDATA[This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.]]>
<![CDATA[Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam ]]>
<![CDATA[Daharis, Ade]]>;
<![CDATA[Putra, Deri]]>
<![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.v5i1.2492
<![CDATA[The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.]]>
<![CDATA[Tinjauan Yuridis Pelaksanaan Eksekusi Lelang pada Perjanjian Kredit Macet dengan Hak Tanggungan ]]>
<![CDATA[Jannah, Masitoh Miftahul]]>;
<![CDATA[Badriyah, Siti Malikhatun]]>
<![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.v5i1.2493
<![CDATA[Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive. The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.]]>
<![CDATA[Tinjauan Yuridis Kasus Persamaan Merek Poskota dan Poskotaco (Studi Kasus Putusan No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst) ]]>
<![CDATA[Rahma, Arina Nafida]]>;
<![CDATA[Mahmudah, Siti]]>
<![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.v5i1.2494
<![CDATA[Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.]]>
<![CDATA[Pertanggungjawaban Pihak Maskapai Terhadap Kehilangan dan Kerusakan Bagasi Menurut Peraturan Menteri No. 77 Tahun 2011 Tentang Tanggung Jawab Pengangkut Angkutan Udara ]]>
<![CDATA[Azis, Fadilah Abd]]>;
<![CDATA[Abdain, Abdain]]>;
<![CDATA[Takdir, Takdir]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.2496
<![CDATA[This research is motivated by the relatively high level of aircraft and passenger security, but it is not comparable to the security of baggage services. The purpose of this research is to describe the form of airline responsibility at Makassar Sultan Hasanuddin International Airport in resolving disputes over loss and damage to passenger baggage, the factors that hinder airline baggage protection, as well as the views of Islamic law in resolving problems regarding forms of airline protection for goods. is lost. passenger baggage. Based on the type of data in this study the authors used an empirical approach with qualitative research data types. The types of materials in this study are primary data and secondary data. Data analysis techniques use three stages of data reduction, data display, and conclusion drawing/verification. The results of the study show that the form of air transport legal responsibility for the loss of damaged passengers is recorded in air transport operated by airlines, namely the airline must provide compensation of IDR 200 thousand per kilogram. , a maximum of IDR 4 million. The inhibiting factors for this protection are the acceptance factor of officers in the field, the engine factor, the negligence factor of the officers, and even the negligence factor of air passengers. In Islamic law, responsibility is known as Mas'uliyyah or Accountability, and the concept of responsibility in Islam is Ta'widh. Ta'widh in language is compensation or compensation.]]>
