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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 753 Documents
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Pandangan Tuan Guru terhadap Pemimpin Perempuan di Nahdlatul Wathan Abdurrazak, Abdurrazak; Nadia, Kholimatus
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.v4i2.1623

Abstract

This article discusses the teacher’s view of female leaders in the Nahdlatul Wathan organization, an Islamic organization that was once led by a woman, namely HJ. Siti Raihanun Abdul Majid, who is the daughter of the founder of Nahdlatul Wathan, namely TGKH Zainuddin Abdul Majid. The purpose of conducting this study is to obtain estimates or opinions from teachers in West Nusa Tenggara on female leaders in Nahdlatul Wathan. To obtain these answers, the researcher uses gender theory to analyze this issue, then a qualitative research approach with documentation, observation and in-depth interviews. This study found that the decision of the 10th Mukhtamar in Praya, Central Lombok gave rise to female leaders in NW who became the pros and cons between the to camps who both used the Syafi’i Madzhab with the teachings of Ahlussunah Waljama’ah. However, because of differences in interpreting whether or not women are allowed to become leaders in the nusyuz case. This difference in motivated by differences in arguments, understanding of texts, methods of reasoning and ‘illat law due to changes in time, place, and differences in political attitudes and orientations in supporting one faction in NW. the issue of whether or not a woman can become a leader depends on her ability to lead and be accepted by many people, not based on her gender
Fenomena Kejahatan Perdagangan Manusia Hidayatullah, Hidayatullah; Melisa, Melisa
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.v4i2.1630

Abstract

The crime of trafficking in persons is a very serious global issue, because many actors are interrelated, both as countries of origin, as well as countries of destination as well as transit countries. Therefore, various efforts must be made in combating this crime of human trafficking and must also involve many parties including the government, law enforcement, civil society, media, migrant workers, as well as transit and destination countries. The obstacle faced by Indonesian law enforcement is due to the lack of reports from victims of this human trafficking crime because they are already in other countries. The purpose of this article is to analyze and describe the effectiveness of Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons and the Effectiveness of Law Number 36 of 2009 concerning Health Regulating the Prohibition of Trafficking in Human Organs. The method used is descriptive qualitative. The results of this study (1) Implementation of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons is deemed ineffective if it does not involve many countries, because there is still a lot of human trafficking, especially women and children for the purpose of sexual exploitation as commercial sex workers and exploitation of pornography (2) Law Number 36 Year 2009 concerning Health, especially in Article 92 which mentions the Functionalization of Criminal Law Against Acts, namely "Everyone who deliberately trades organs or body tissues under any pretext as referred to in Article 64 paragraph (3) shall be punished with imprisonment for a maximum of 10 (ten) years. and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)''.
Dinamika Hukum Pemilihan Kepala Daerah Serentak Tahun 2024 Darmawan, Darmawan; Falah, M. Fajrul
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.v4i2.1656

Abstract

Regional head elections are one form of democracy implementation in Indonesia. Regional head elections are carried out directly on the principles of being free, honest and democratically fair. After the enactment of Law Number 1 of 2015 which was last amended by Law Number 6 of 2020 concerning the election of governors, regents and Mayors, the regional head elections will be held simultaneously in 2024. This implementation will have the potential to cause problems, resulting in many regional governments without a head. The definitive area and will be led by the regional head officer. In addition, there will be regional heads whose terms of office have been shortened. The author will examine these problems using normative legal research, using a statue approach and a historical approach, to find out the legal implications of simultaneous regional head elections and the effectiveness of their implementation. Based on this research, it was found that there is a need for revitalization of regulations regarding filling the positions of regional heads during this transition period, by giving provincial legislatives council the authority to elect and appoint regional head officials, or conduct simultaneous regional head elections nationally in 2027 in order to run effectively and efficiently
Can An Anti-Dumping Policy Be Substituted For Predatory Pricing? Zaid, Zaid; Gustiyani, Rininta; Kirana, Andita Hilmi
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.v4i2.1683

Abstract

One of the most contentious issues in international commerce is anti-dumping (AD). And among the controversies of this AD rule, there is also what is considered in “conflict” with business competition law, both in terms of the purpose of the regulations and from the rules themselves. One of them is related to predatory pricing. Therefore, this study aims to conduct further analysis regarding the possibility of predatory pricing rules in substituting anti-dumping regulations in Indonesia. Based on these aims, this study employs a normative method with a statutory and conceptual approach. This study then reveals that dumping can be classified as a predatory pricing practice in terms of indications and impacts. However, the legal consequences and consequences of the two are different. So it would be impossible if anti-dumping arrangements were substituted with predatory pricing. Nevertheless, this research still supports that anti-dumping regulations are included in the regulation or law prohibiting unfair business competition and monopolistic practices because the practice of dumping itself is an unfair business competition practice.
Kedudukan Badan Pengawas Pemilu Berdasarkan Undang-Undang Dasar 1945 Salurante, Belona Danduru; Primayanti, Andi Dewi; Bruaharja, Isman
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.v4i2.1689

Abstract

In the history of the implementation of elections in Indonesia, the term election supervision actually only emerged in the 1980. In the implementation of the elections which were first held in Indonesia in 1955, the term election supervision was not yet known. In that era,trust was built among all participants and citizens regarding the implementation of elections which were intended to form a parliamentary institution which is currently it is called as constituent.Although the ideological conflict at that time was quite strong, it can be said that thre was very minimal fraud in the implementation of the stages,even if there was friction outside the area of the election,the friction that emerged was a the logical consequence of the ideological struggle at that time until now the belief that Bawaslu must be able to work synergistically with all elements of the nation Kata kunci: Election supervisory body and democratic system
'Urf Analysis Study Of The Salenan Tradition After The Engagement Makhtum, Maulana Mokhammad; Ni'ami, Mohammad Fauzan
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.v4i2.1691

Abstract

This article will discuss the salenan tradition after the engagement of the Duko Timur village community, Larangan District, Pamekasan Regency. This tradition is seen as an obligation that must be carried out by couples who have carried out an engagement. The focus of this study is to photograph the salenan tradition by tracing the people's understanding of the tradition so that the philosophical tradition of the tradition is revealed. Because of this, this article uses field research with data collection patterns in the form of observations and interviews. While this paper uses a sociological approach which will then be analyzed using the theory of Islamic law, namely Abdul Karim Zaidan's 'urf perspective. This paper finds that salenan is an 'urf shāhīh which can be used as a source of law for the surrounding community, this is found through the achievement of the requirements of a tradition that can be said to be an ‘urf shāhīh in Abdul Karim Zaidan's perspective. In addition, it was also found that the salenan tradition was included in the category of 'urf fi'lī and 'urf 'khāsh.
Pernikahan Dini Dalam Upaya Menjauhi Zina: Solusi atau Kontroversi? Suprima, Suprima
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.v4i2.1716

Abstract

Nowadays, early age-marriage mostly happen in Indonesia because of married by accident, demands of customs, parents, and others. Indonesia is the 2nd country in Asia with the highest rate of early marriage and 37th in the world in 2007 (According to the United Nations Development Economic and Social Affairs (UNDESA) in 2010). In this study, researchers have more interest in exploring the phenomenon of early marriage that is rife by focusing on studying and knowing about early marriage as a solution or controversy to avoid an act of adultery. According to the view of Islam, customary law, and other laws. This study uses descriptive quantitative methods with data collection using a questionnaire. Although Islam does not determine the age for marriage, there are many factors that cause a negative impact if early marriage is not carried out with a good preparation. This thing will affect the psychological, physiological, social, economic, and other factors that lead to disadvantage. Therefore, it is better to prepared marriage more maturely before making a decision, because marriage in Islam is a worship and sacred thing.
Konten Akun TikTok Nadiraa Hijab dalam Perspektif Wanita Muslim Nadia, Kholimatus; Abdurrazak, Abdurrazak
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.v4i2.1727

Abstract

Young Muslim are starting to be interested in buying hijab or clothing products that they see on the TikTok platform because of the visual content that is displayed with its own uniqueness, besides that they are Muslim women who follow fashion trends, as well as Muslim women who try. Follow the trend by using the hijab. One of the TikTok accounts that has a hijab shop in Yogyakarta and always updates its content with products that are currently hits, namely the @Nadiraa-hijab account. The results of observations with rational choice theory glasses, on the @Nadiraa-hijab account, found at least 5 reasons why consumers are interested in buying products from Nadir’s store which they watch through videos on the TikTok platform. Among them are the uniqueness and novelty of video content whose products follow trends, the use of numbers in product endorsements, then the price and quality of goods sold by Nadiraa’s store on his TikTok account @Nadiraa-hijab, then ease of purchase and finally the emotional connection berween fellow communities is built. On social media is judged by the number of likes and comments on the @Nadiraa-hijab assount. Judging from customer comments on Nadiraa’s TikTok account, that they are very happy with the products offered because they are in accordance with the fashion trends of today’s young people, who wear hijab starting from an interest in following fashionable trends, or indeed wearing hijab because they follow shariah in Islam.
Studi Kelayakan Destinasi Wisata Ramah Muslim untuk Meningkatkan Citra Wisata di Sumenep (Studi Kasus Pantai Lombang dan Pantai e-Kasoghi Kabupaten Sumenep) Rozi, Fachrur; Camelia, Allyvia
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.v4i2.1736

Abstract

According to the Minister of tourism and creative economy, Sandiaga Uno, Muslim Friendly Tourism which is one of the advantages of tourism from various types that are developed. The concept of Muslim friendly tourism is Halal tourism that referred to an extension of service or an increase and expansion of services, it does not mean that it is a tourist place. This concept is a brilliant idea in ensuring the comfort of Muslim tourists in tourist places, because Indonesia is a Muslim-majority country. Indeed the concept of a feasibility study there are several items as a guide to measure the feasibility of a tourist destination in this case such as Attraction, Accessibility, Community Socio-Economic Environmental Conditions, Accommodation, Supporting Facilities and Infrastructure, Security, Relationships with Other Tourist Objects. This feasibility study was conducted to see the readiness of tourist destinations as pilot destinations in Sumenep district. This location was chosen because Lambang beach is a tourist destination managed by the government and has become an icon of marine tourism in Sumenep, while e-Kasoghi beach is a new destination managed by local (private) villages. In addition, the COVID-19 pandemic demands many things, especially tourist destinations that must follow the health protocols that have been instructed by the central government to ensure tourists are safe and comfortable while at tourist locations. CHSE certification is the application of health protocols based on Cleanliness, Health, Safety, and Environment Sustainability. This is a health regulation or protocol with the term CHSE.
Pengurusan Penjualan Saham Sebagai Objek Harta Kekayaan dalam Boedel Afwezigheid Natasha, Shela; Rahman, M. Taufik
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.v4i2.1738

Abstract

The protection of civil rights for every citizen, including those who are absent (afwezigheid) is one of the rights that must be fulfilled by the government. The interpretation of the rule of law is basically needed to realize the objectives of the law, namely justice, expediency, and legal certainty. Not explicitly stated in the law as an object of boedel afwezigheid's assets, it should not be a barrier for the Balai Harta Peninggalan as boedel management to carry out the management of the shares. Expansion of wealth that is not just land and buildings as stated in the rules governing afwezigheid is absolutely necessary to provide legal certainty in the management and management of the share boedel. Therefore, this research which combines literature study and field study was conducted to explain the management of sales as an object of property in the boedel afwezigheid conducted by the Heritage Heritage Center so that it can be seen that the implementation of legal rules in the field can be more flexible than written legal rules.

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