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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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Akibat Hukum Terhadap Notaris Yang Membuat Akta Diluar Wilayah Jabatan Notaris Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris Rizky, Fahim Muhammad; Aminah, Aminah
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.v5i1.2513

Abstract

This writing aims to determine the legal consequences of a notary when making a deed outside the territory of his office. In this study, the authors used normative data collection techniques carried out by conducting a library search and supported by primary raw materials in the form of applicable laws and regulations, and secondary raw materials in the form of books, articles, and magazines, Pasal 17 letter a Law of The Republic of Indonesia Number 2 of 2014 concerning the Position of Notary. Determining “Notaries are prohibited from carrying out positions outside their territory of office” is in line with the prohibition of notaries making deeds outside their working area. If a notary draws up a deed outside his territory of office, he will be subject to sanctions contained in Pasal 17 Paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary.
Tindak Pidana Kekerasan dalam Rumah Tangga terhadap Perempuan Korban Pernikahan Dini Selama Pandemi Covid-19 Yudha, Ahmad arie; Yunanto, Yunanto
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

Abstract

During the pandemic, the number of applications for marriage dispensation in Indonesia has increased. Marriages carried out when the man or woman as the prospective bride are underage are included in the category of violence against children. When a marriage is motivated by coercion or certain conditions, there will be high vulnerability in marriage, especially for women, this vulnerability includes the quality of health, vulnerability as a victim of domestic violence, education, and mental health. It is not only married women who are vulnerable, but the children of the marriage are also vulnerable. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The results of this study are the factors behind the existence of violence against women victims of early marriage during the Covid-19 period, including the pandemic situation itself, job exposure, unequal programs related to a comprehensive understanding of sexual and reproductive health rights, as well as the presence of misuse of information. Proper legal protection for them is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that during recovery victims will receive services in the form of health workers, social workers, companion volunteers and spiritual guides
Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises Widiarty, Wiwik Sri
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.v5i1.2543

Abstract

Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.
Implementasi Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Bisnis Biro Travel Panggabean, Herman Daud; Badriyah, Siti Malikhatun
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.v5i1.2544

Abstract

Transportation business activities are often used by many people, and more and more times there are conflicts between sellers and buyers regarding cooperation in travel agency transactions related to promotions that are carried out online but are not in accordance with reality. To find out the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) related to business. And to find out the factors that influence the effectiveness of UUPK. The research method, namely normative juridical. The research approach is quantitative, data analysis techniques are data reduction, data presentation, and conclusions. The results of the research, that UUPK and UU no. 11 of 2008 concerning electronic information and transactions (UUITE) so that consumers can freely give their opinions. come to the LPKSM office for consultation. If the consumer gives power of attorney to LPKSM, LPKSM then makes a power of attorney which is signed and approved by the LPKSM consumer, an action that is carried out first with family efforts. Factors that influence the effectiveness of UUPK namely; The government is less responsive to community developments in electronic transactions, there are no regulations that technically provide protection to consumers against online transactions, business actors and consumers do not understand their rights and obligations. The conclusion from this study, LPKSM as an extension of the government has been active but there are no policies that technically regulate and protect consumers in electronic transactions, the factors that influence the effectiveness of the UUPK are the government which is less responsive, ignorance of consumers and business actors regarding their rights and obligations.
Efektivitas Pelaksanaan Online Single Submission (OSS) Untuk Pelayanan Perizinan di Mal Pelayanan Publik Pekanbaru Berdasarkan Peraturan Pemerintah Nomor 24 Tahun 2018 Syafriadi, Syafriadi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2547

Abstract

The Pekanbaru City Government implemented the Online Single Submission (OSS) application by opening a Public Service Mall (MPP) that can be accessed by the public. This aims to provide ease of service for business actors. The application of this online-based system is very effective in cutting the bureaucratic chain and eradicating corruption. Apart from that, it can also increase investment achievements during the COVID-19 pandemic. This study aims to determine the effectiveness of Online Single Submission (OSS) Implementation for Licensing Services at the Pekanbaru Public Service Mall based on Government Regulation 24 of 2018. This research method is empirical law or non-doctrinal research, namely studying and analyzing primary data juridically obtained from the respondents. The results showed that the respondents were very satisfied with the online-based licensing services at the Pekanbaru City Government MPP. It is recommended that the implementation of OSS be accompanied by regional regulations as ordered by Article 349 of Law Number 23 of 2014 concerning the Regional Government.
Penyimpangan Pelaksanaan Undang-Undang Nomor 40 Tahun 2007 dalam Pendirian Perseroan Terbatas Putri, Astuti Yudhika; Santoso, Budi
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.v5i1.2560

Abstract

The establishment of a limited liability company has its own conditions which have been regulated in law number 40 of 2007 regarding Limited Liability Companies, however, when someone is about to set up a company limited, there are some who deviate from the law that has been determined wrong one of which is the requirement for the establishment of a PT to be carried out by (2) two or more people, however, this is not regulated in the PT Law clearly regarding the requirements to become a shareholder so that in practice it often occurs irregularities where the use of shareholders nominee. Agreement nominee as a shareholder in PT is an agreement and or a statement confirming that share ownership in the limited liability company for and on behalf of another person. The Company Law does not regulate provisions the use of nominee shareholders so that it can trigger legal problems if shareholders nominee it is not in good faith
Legal Analysis of Development in Organizational Ambidexterity in Higher Education Institutions Harjono, Dhaniswara K.; Soebagio, Atmonobudi
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.v5i1.2565

Abstract

Ambidexterity plays an important role in organizational development, which influences national development. National development is a joint effort between the people and the state which is carried out in order to improve themselves in a better direction together. The aim of this research is to analyze the law of organizational amidecsterity development in higher education institutions. This research is part of a qualitative research using a systematic review approach. Systematic review is a method that uses previous evidence-based evidence through review, evaluation, structured evaluation, classification and categorization. The results of the research analysis show that the ambidexterity of higher education institutions is a model that integrates the performance determinants of classy higher education institutions, and proposes a commitment that is influenced by: (a) brand ambidexterity, which is explorative and exploitative oriented; (b) able to adapt to the social and economic environment; and (c) being responsive to students' perceptions of the university's brand image and reputation which will increase their commitment to their studies. The implication of this research is to provide an overview to higher education institutions so they can develop the concept of ambidexterity in the process of implementing higher education.
Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah Fashihuddin, Muhammad; Sj, Fadil; Izzuddin, Ahmad
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.v5i1.2588

Abstract

The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i
Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi Fachrozy, Dicky; Panjaitan, Budi Sastra
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.v5i1.2592

Abstract

The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.
Pembatalan Rencana Perkawinan Oleh Satu Pihak Yang Menimbulkan Kerugian Jasmine, safira Yuvika; Dharsana, I Made Pria
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2603

Abstract

The annulment of a marriage plan can be filed as the basis for a tort lawsuit if there is an action by one of the parties that cause losses, both materially and immaterially. The party that causes the loss is given the obligation to make payments to the injured party. The research method in this writing uses Normative Juridical research or legal material collection techniques with library research. The legal sources used are primary, secondary, and tertiary legal sources. The qualitative research on unlawful acts of the cancellation of the marriage plan and the provision of compensation by the bride who cancelled plan. to compensate the prospective groom in actual compensation and compensation related to mental stress. The act of annulment of the marriage fulfils the elements of Article 1365 of the Civil Code, where the act is a tort contrary to written law and can also be unwritten law which violates the subjective rights of others so that the prospective bride violates the norms of decency and propriety in society and the losses incurred in real terms by the prospective groom for the preparation of the marriage must be replaced by the prospective bride who annuls the marriage.

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