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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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Tingginya Uang Panai Bugis Sidrap: Mengangkat Derajat Perempuan Atau Membebani Laki-Laki Untuk Menikah? Almaida, Heny
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.v5i2.2684

Abstract

Uang panai is spending money for the cost of a Bugis wedding party and it is also one of the traditions in the bridal procession in Bugis society, including in Sidenreng Rappang Regency (Sidrap). However, the phenomenon of the Sidrap Bugis tribe is that the community advertises this panai money at a price that is no longer familiar to the local community or it can be said that the value of panai money is high, so that it makes many Bugis male feel overwhelmed and they feel burdened to marry the Bugis female who they love. There are many assumptions that female who receive high nominal panai money are able to raise their degrees. The purpose of this research is to find out the high panai money of the Sidrap Bugis tribe whether it raises the status of female or actually burdens male to get married. The type of this research is used phenomenological research with a qualitative approach which of course collects data such as observations, interviews and documentations and analyzes data using descriptive data. The conclusion of this research is that the high panai money in the Sidrap Bugis tribe does not raise the status of women but the high panai money actually burdens male to get married.
Criminal Liability for Corporate Crime in Indonesia Sari, Nur Khalifah Agustin
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.v5i1.2687

Abstract

Criminal liability for corporate crime in Indonesia has become a topic of increasing interest and importance in recent years. The issue is particularly relevant given the rapid growth of the Indonesian economy and the expanding role of corporations in the country's development. The purpose of this abstract is to provide an overview of the current legal framework in Indonesia for holding corporations criminally liable for their actions, as well as to examine some of the challenges and opportunities associated with enforcing corporate criminal liability in practice. The main sources of corporate criminal liability in Indonesia are the Criminal Code and the Law on Limited Liability Companies. Under these laws, corporations can be held criminally liable for a wide range of offenses, including corruption, environmental crimes, and labor violations. However, the legal framework for corporate criminal liability in Indonesia is still relatively new and untested, and there are a number of challenges to effective enforcement, including limited resources and capacity within law enforcement agencies. Despite these challenges, there are also opportunities for improving the enforcement of corporate criminal liability in Indonesia. For example, recent efforts by the government to strengthen anti-corruption measures and improve transparency and accountability in the business sector have the potential to create a more favorable environment for enforcing corporate criminal liability. Additionally, there is growing awareness among both the public and private sectors of the importance of corporate social responsibility and ethical business practices, which could help to promote greater compliance with the law. In conclusion, while there are challenges to enforcing corporate criminal liability in Indonesia, there are also opportunities for improving the legal framework and enhancing enforcement efforts. The successful implementation of corporate criminal liability will require a collaborative effort between the government, law enforcement agencies, and the business sector to ensure that corporations are held accountable for their actions and that the rule of law is upheld.
Death Penalty in the National Criminal Code Versus Human Rights Malau, Parningotan
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.v5i2.2692

Abstract

Pancasila is the basis of the state in Indonesia. Countries have several types of legal rules enforced according to the crime rate of the offender. Mistakes in responding to state law lead to wrong actions. The purpose of this study is to increase legal awareness of the people in Indonesia through preventive action, namely that criminals are expected not to commit crimes because they have received a deterrent effect from punishment. Research method with normative juridical. Data analysis techniques through analysis of electronic journals, e-books and reference searches through Google Scholar. The results of the study show that the types of punishment in Indonesia have different levels according to the treatment of the crime. The heaviest consequence in serving the Death Penalty. On the basis of errors in acts of corruption and other cases. The death penalty can apply to life imprisonment, shot to death based on the judge's decision.
Reformulasi Paradigmatik Kedaulatan Sumber Daya Alam dalam Konstitusi Safiudin. R, Achmad
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.v5i1.2698

Abstract

The exploitation of natural resources (SDA) and environmental destruction is not just a problem that becomes a national issue, but regional and even global. In Indonesia, natural resource wealth is understood by the government as an important capital in the implementation of national development, so the unwise use of natural resources and the environment causes these natural resources to decline both in terms of quality and quantity. This is due to the construction of the mainstream of thought of sovereignty in the constitution so far has had an impact on minimal management resulting in the utilization of natural resources without regard to the principles of justice, democracy and the sustainability of natural resources functions and is often considered not based on the ideal conservation and productivity functions. The legal issues in this paper are (a) how is the dynamics of the paradigm of natural resources sovereignty in the constitution and (b) how is the paradigmatic reformulation of natural resources sovereignty in the constitution as an effort to converge in the development of the legal system. This research is within the scope of normative law through statutory approaches, case approaches and comparative legal systems approaches. The results of the research are theoretically expected to contribute ideas and enrich the repertoire of legal science, especially environmental law related to the problem of the management paradigm towards sovereign natural resources. Practically, it is expected to be useful as input material for policymakers.
Analisis Kebijakan Pemberian Penghargaan dan Pengenaan Sanksi Atas Pelaksanaan Anggaran Pendapatan dan Belanja Daerah Lestari, Shinta Tri; Hutagaol, Henry Darmawan
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.v5i1.2699

Abstract

The administration of regional government is part of the administration of the NKRI government which mutually forms authority and financial relations between them. The enactment of Law Number 1 of 2022 perfects the pattern of central and regional financial relations and increases control from the central government over the implementation of the APBD through reward and punishment. The problem is how the policy of awarding and punishment is based on Law Number 1 of 2022 and efforts to improve it. Through normative juridical research methods and by making comparisons with China, it can be concluded that the policy of awarding and sanctioning is a form of responsibility of the central government as the giver of authority along with the allocation of funds as well as supervisors to ensure improvement and/or achievement of local government performance in terms of regional financial management , government public services and basic services. Efforts to improve it are carried out by improving financial governance in accordance with the concept of performance-based budgeting, paying attention to the placement of staff, the budgeting process through community participation, timely determination of technical guidelines and implementation instructions for budget disbursement, as well as correction of the APBD through central supervision which directly supervises regional development. Looking at the policies in China, there is an expansion in the form of awards that are given not only as incentives in the form of additional money but also by giving more authority to the regions.
Criminological Review of the Influence of Kameko Drink on Juvenile Perpetrators of Assault Crimes Saharuddin, Saharuddin; Rahim, Abdul Jabar; Kamaruddin, Kamaruddin
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.v5i1.2713

Abstract

The aim of this research is to determine the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector and to determine the efforts of the Kulisusu sector police in preventing the circulation of Kameko drink among children. The approach method used in this study are using several approaches as whole unities, which are statute approach, case approach, and conceptual approach The research was conducted in the Kulisusu sector police area. The data sources consist of primary data supported by secondary data. Data collection techniques used were interviews and observations. The analysis technique used is qualitative descriptive method. The results of this research show that the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector can be grouped into determining factors and supporting factors. consuming alcohol makes children unable to focus on school, disrupt their studies, experience memory or memory problems, and increase the risk of suicide. Efforts made to combat the circulation of Kameko drink in the legal jurisdiction of Kulisusu sector include preventive and repressive measures.
PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Halawa, Filemon; Situmeang, Ampuan; Amboro, FL Yudhi Priyo
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.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).
Hybrid Contract Dalam Transaksi Syariah Perspektif Maqashid Syariah Setiawan, Setiawan
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.v4i2.2719

Abstract

The complexity of modern economic problems today also demands flexibility in offering solutions to the problems faced. This has led to various Islamic banking businesses that were previously unknown but are now growing. Among the main points in creating Islamic banking and financial products to meet the needs of modern society is the development of Hybrid Contract. The main problem in this research is how maqashid sharia views the implementation of hybrid contracts in Islamic banking amidst the debate between scholars who are pro and contra. This research method uses a qualitative approach. Hybrid contracts or multi-contracts are addressed differently by scholars, but in contemporary business, especially Islamic banking, hybrid contracts are allowed on condition that they are carried out individually and not simultaneously. Hybrid Contract in the concept of maqāsid al-sharī'ah is a combination of contracts applied to many Sharia Financial Institutions as an effort to achieve contemporary business flexibility, make it easier for people to meet their needs, and efforts to achieve multidimensionality. The existence of Hybrid Contract is needed to meet the needs of transactions in this modern era. This is because sharia financial/business products experience very dynamic developments and "force" financial institutions to continue to follow the development of modern transaction models.
Tanggung Jawab Notaris terhadap Akta Perjanjian Pengikatan Jual Beli yang Tidak Sesuai dengan Harga Sebenarnya Hutama, Kristian; Priyono, Ery Agus
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.v5i1.2725

Abstract

Buying and selling land is the transfer of land rights from one person to another. This is often done because land has economic value. In a sale and purchase agreement, the object and price must be stated clearly. This is related to income tax (PPH) and exemption of rights. Ata Land and Building (BPHTB) this tax will arise with the transfer of land rights. This makes some people do not mention the actual price in the agreement to avoid the amount of tax that must be paid. This writing aims to know and describe the responsibilities of a notary in making a sale and purchase agreement. The writing method takes normative juridical, namely emphasizing the problems that are researched based on reality through related literacies. The notary is only tasked with making the contents of the agreement based on the agreement of the parties. In addition, the notary has tried to take preventive measures such as writing in detail, in detail and as completely as possible and for the legal consequences of the agreement it will not meet the objective requirements, namely a certain matter and a lawful cause because the price in the Sale and Purchase Agreement (PPJB) does not match at the actual price so that the deed is automatically null and void.
Perlindungan Hukum Pemerintah Kabupaten Karawang Dalam Mengatasi Pelanggaran Atas Lingkungan Hidup Berdasarkan Peraturan Daerah Kabupaten Karawang Nomor 14 Tahun 2012 Nur Izza, Yulia Erindra; Nurdin, Maharani
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.v5i2.2726

Abstract

Karawang Regency, which is currently the largest industrial city in Indonesia, has the possibility of a large risk of environmental pollution or damage. This can happen because of business activities that are not in accordance with the company's operational standards and also the Laws and Regulations. For this reason, this writing discusses the role of the Karawang Regency Government in overcoming and preventing violations of environmental protection due to company activities. And the form of social responsibility of PT Pindo Deli Pulp and Paper Mills II based on Regional Regulation of Karawang Regency No. 14 of 2012. This article uses a normative juridical research method with a statue approach and a case approach, in which the data collection technique uses a literature study derived from primary legal materials and secondary legal materials. The results of this study are that the Karawang Regency Government has the authority to supervise the implementation of environmental protection and management, which is based on Karawang Regency Regional Regulation Number 14 of 2012 concerning Environmental Protection and Management. In carrying out the supervision of environmental protection and management, the Government of Karawang Regency formed an Environmental Protection Agency (EPA) and also a Regional Environmental Monitoring Officer which was formed to facilitate the bureaucratic system in overseeing the implementation of environmental protection and management. And companies that violate the protection and management of the environment are absolutely responsible for the losses they cause.

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