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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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IMAM SYAFI'I'S PERSPECTIVE ON DEBT SETTLEMENT WITH PARKING LAND MANAGEMENT RIGHTS ASSURANCE (Case Study of Medan Perjuangan, Medan City) Rambe, Rachmat Husein; Zahara, Fatimah
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.v5i1.2727

Abstract

The Medan Perjuangan community has a practice of disputed debts, but they are unable to pay off these debts, so they provide guarantees in the form of parking space rights as collateral for their debts. The purpose of this research is to respond to the author's main problem formulation, which is the settlement of debt disputes with guaranteed rights to manage parking areas from the perspective of Imam Syafi'i. In this study, a qualitative method was used to analyze Imam Syafi'i's perspective and how Islamic law views debt settlement transactions with guaranteed rights to manage parking lots in Medan's battlefield. According to the findings of this study, in Medan Perjuangan, Medan City, debtors with good intentions to settle their credits can settle their disputes over problematic receivables amicably, and the method used to settle these debts is seen as better than other alternative settlements by providing guarantees in the form of parking space rights in battlefield because the debtor does not have the ability to pay off.
The Application of Restorative Justice in Civil Dispute Resolution: Potentials and Challenges in Indonesia Halim, Abdul
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.v5i1.2729

Abstract

The purpose of this study is to assist the community in handling cases. Settlement of civil disputes can be carried out through a trial process in court. The research method uses a descriptive qualitative research approach, namely research on natural objects from experiments. with observational data collection techniques, interviews. The results of the research description of the application of Restorative Justice in Indonesia are still limited and face various challenges, such as a lack of public understanding of the concept of Restorative Justice, limited resources, and a lack of support and coordination between institutions. The findings contribute to a deeper understanding of the possibilities and obstacles involved in integrating restorative justice approaches into the civil justice system in Indonesia. Recognized by society and the judiciary. There are challenges in the implementation of restorative justice, such as the lack of trained human resources and adequate facilities, so that improvements and development are needed so that restorative justice can be implemented properly.
Perlindungan dan Pendampingan Hukum Kekayaan Intelektual dalam Pendaftaran Merek Dagang bagi Pelaku UMKM di Desa Cililin Gunawan, Gunawan; Putra, Egi Rizki Maulana
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.v5i1.2732

Abstract

The existence of MSMEs is considered to have a very important role in the economy in Indonesia because in its expansion there are more and more MSMEs activists in Indonesia and every year it increases quite significantly, especially in the Cililin village itself, with the presence of MSMEs, many jobs are open to the community. Trademark registration for MSME business actors is now very important, because there are many cases of trademark dispute lawsuits that occur in MSME business actors, this is very detrimental for business actors, but there is a lack of public understanding of registration of intellectual trademark rights which is considered difficult to register, even though in reality. This study aims to provide insight into the importance of registering trademarks and also to help SMEs to be able to register their trademarks into the system of the Directorate General of Intellectual Property. This study used the direct service observation method and data collection using interview, observation, and documentation techniques. The condition of MSMEs in the Cililin Village area itself still lacks support or assistance from local government officials where there are still many MSMEs, almost 70% have not registered their own trademark rights due to the lack of support or encouragement from the local government to socialize the importance of registering trademark rights. However, with this research, researchers helped MSME activists who did not understand the online application procedure, as well as the limited time that MSME activists had because apart from being entrepreneurs, MSME activists also had to be housewives. By assisting MSME activists in registering their trademarks, this activity can provide a number of benefits to MSME activists, including providing encouragement, support and legal protection for the businesses they own.
Juridical Review of Foreign Investment Opportunities in Reinsurance Business in Indonesia Ihsan, Kamilul
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.v5i1.2735

Abstract

This study aims to conduct a juridical review of foreign investment opportunities in the reinsurance business in Indonesia. Reinsurance is a type of insurance that is carried out by insurance companies to protect themselves from risks of significant losses. Indonesia, as a developing country with a rapidly growing insurance industry, has great potential to attract foreign investment in the reinsurance industry. This study uses normative juridical research methods by analyzing laws and policies related to foreign investment in the reinsurance industry in Indonesia. The results show that although the opportunities for foreign investment in the reinsurance industry in Indonesia are significant, there are still several obstacles that need to be overcome, such as complex regulations and intense competition with domestic reinsurance companies. This study is expected to contribute to relevant stakeholders in developing the reinsurance industry in Indonesia through more effective and efficient foreign investment.
Wakaf According to The Quran and its Transformations in Indonesia's Contemporary Era Zuhri, Ahmad; Yumni, Aufah
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.v5i1.2739

Abstract

Objective: This article aims to reveal the meaning of waqf according to the Koran and its transformation in the contemporary era in Indonesia. Method: This research method uses Library Research whose primary focus is on library books and other literature. Based on the research objectives, it includes basic research, i.e. research to broaden and deepen theoretical knowledge. Result: This digital transformation is described as the total and overall effect of digitalization on society. Khan said that digitization has enabled the digitization process, which drives stronger opportunities to transform and change existing business capital, socio-economic structures, legal and policy measures, organizational patterns, cultural barriers, etc.
FIKIH MODERATION OF RELIGION ACCORDING TO THE QUR'AN (The Role of Religious Figures in Strengthening Religious Harmony) Zuhri, Ahmad; Yumni, Aufah
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.v4i2.2745

Abstract

Religious moderation fiqh is an approach to the study of fiqh (Islamic jurisprudence) that emphasizes a moderate, balanced and tolerant understanding of Islamic teachings. which is indicated in the verses of the Koran. The concept of moderation in the Qur'an refers to an approach that avoids extremism, fanaticism and exaggeration (at-Tharruf ad-Dini) in dealing with religious issues. Jurisprudence of moderation promotes a complete and universal understanding that is in line with the principles of simplicity, tolerance, inclusivity and justice in understanding and practicing Islamic teachings according to the instructions and guidance of the Qur'an. In this study, the authors used library research, namely the research object, mainly commentary books and a little field approach. . Based on the objectives of this research, it includes basic research, namely research in order to broaden and sharpen theoretical knowledge and understanding. The results of the study found that religious moderation fiqh according to the Koran basically directs people to understand the deep meaning contained in the Koran regarding religious moderation as a whole and universal, not narrowly and textually. Many Muslim groups understand the text of the verses of the Koran superficially and textually, resulting in the emergence of a radical and extreme understanding that is not in accordance with the messages intended by the Koran itself. intact and universal verses of religious moderation will create harmony among religious communities, even among the religions themselves.
Legal Protection for Shopee Paylater Users Experiencing Bad Credit under Law Number 8 of 1999 concerning Consumer Protection. Kurniasih, Dedeh
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.v5i1.2753

Abstract

The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions.
Motif Tanggung Jawab Sosial Lembaga Keuangan Mikro Syariah dalam Perspektif Ekonomi Syariah Syaichoni, Ahmad
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.v5i2.2776

Abstract

The primary issue addressed in the text is the importance of corporate governance, specifically within Sharia microfinance institutions, in achieving profitability and success. The study emphasizes the role of market share as an indicator of operational success for Sharia microfinance institutions, with a focus on meeting the needs of small communities. This study uses the library research method by extracting data from primary sources such as economics books and Sharia microfinance institutions. Data analysis is carried out using critical analysis and content analysis. The research findings highlight that these institutions use corporate social responsibility (CSR) as a strategic tool to promote their products and services. This, in turn, contributes to an increase in market share by introducing the company to the public. The text suggests that the implementation of CSR by Sharia microfinance institutions is motivated not only by economic considerations, such as marketing and promoting products but also by social motives, including a desire to assist others. In the context of Islamic or Sharia-compliant finance, the study underscores the integration of economic activities with ethical and socially responsible principles. The economic motive is evident in the use of CSR as a marketing tool to reach a wider community and promote financial products. The findings suggest that in the pursuit of economic goals, Sharia microfinance institutions also align themselves with social values by engaging in activities that benefit the broader community. This dual motive reflects the unique intersection of economic and ethical considerations within the framework of Sharia-compliant financial practices.
Karya Cipta Lagu dan Musik dalam Bingkai Asas Perlindungan Hukum Ongriwalu, Adolf Djatmiko; Yunanto, Yunanto
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.v5i2.2781

Abstract

The purpose of this research is to find out the form of legal protection for a work of copyrighted songs and music which is plagiarism and what sanctions are given to perpetrators of plagiarism for a copyrighted song. The research methodology used is juridical-normative - that is, by collecting material related to several facts by offering appropriate data interpretations. The goal is to create methodical descriptions, illustrations, and information about the problem the author is researching. The conclusion of this research is 1. Legal protection for copyright, especially plagiarism in copyright law, has specified criteria for violations and imposition of sanctions as well as the existence of severe criminal penalties for perpetrators of copyright infringement, 2. Looking at the philosophy of punishment, restorative justice strategies can be used to complete the punishment imposed on those who commit acts of plagiarism of song and musical works of art.
Prinsip Akuntabilitas dan Partisipasi dalam Pengelolaan Dana Desa di Desa Buncu Kecamatan Sape Kabupaten Bima Imaduddin, Imaduddin; Salomo, Roy Valiant
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.v5i1.2790

Abstract

This study aims to analyze the principles of good governance in managing the 2022 Village Fund in Buncu Village, Sape District, Bima Regency. Researchers use Buncu Village because it has the status of an underdeveloped village category with a developing village index of 0.5776. In addition, this village is unable to achieve the realization of Village Funds in 2022. This research focuses more on two important principles based on the factual problems found, namely the principle of accountability and the principle of community participation. The research method used in this research uses descriptive qualitative research. Data collection techniques are carried out by conducting documentation studies and. The results of this study indicate that accountability in managing Village Funds in Buncu Village is not in accordance with Permendagri No. 20 of 2018 concerning reporting and accountability mechanisms, but in general it has been carried out properly. In terms of the principle of planning participation, the Buncu Village Government has also implemented the principle of participation because every RKPDes preparation always involves the community. In addition, in terms of implementing participation, the people of Buncu Village are voluntarily involved in village development.

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