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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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Desain Lembaga Peradilan Sengketa Pemilihan Kepala Daerah di Indonesia Untuk Mewujudkan Keadilan Demokrasi dan Keadilan Konstitutional Susilo, Tri
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

The implementation of direct regional head elections has been going on for two decades. The problem so far is the dispute resolution institution, until now the regional head election dispute settlement in Indonesia is still divided into several institutions such as the General Election Supervisory Board, the State Administrative Court, the District Court, and the Supreme Court, the Constitutional Court, each court has its own procedures, causing miscoordination and overlapping of powers. This article aims to find out the design of regional head election dispute justice institutions in Indonesia to realize democratic justice and constitutional justice. This research is a normative legal research with a statutory, analytical, and case approach that aims to find out the background of the idea of establishing a special court for regional head elections in Indonesia to realize democratic and constitutional justice. The settlement of post-conflict local election disputes in Indonesia is the antithesis of the weaknesses and problems in resolving regional head election disputes, which have been going on for two decades, namely: disputes over the settlement of election processes and results by several judicial institutions. This is to provide the best as an alternative special court for the resolution of regional election disputes in the future. This research resulted in the finding that the regional head general election judiciary is something that must be considered in the Indonesian constitutional system, which institutionally will be equivalent to the Constitutional Court and the Supreme Court, nominally it is also something new, namely called the General Election Court. This institution simplifies the dispute resolution process for regional head elections and general elections to realize constitutional justice
Effectiveness of Open Access to Customer Financial Information for Tax Interests in Denpasar Eka Krisna Putri, Dewa Ayu; Kurniawan, I Gede Agus
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.v5i2.2847

Abstract

Taxpayer compliance problems in Indonesia are still occurring as reflected in the compliance ratio which has not reached the maximum percentage. This condition prompted the government to stipulate Law Number 9 of 2017 concerning Access to Financial Information for Tax Purposes in the hope that taxpayers will not be absent from paying taxes. However, the enactment of this law has interesting pros and cons to study, how effective it is in supporting taxation interests in Indonesia and in Denpasar, Bali in particular. This research is empirical study with a fact approach. Data collection techniques were carried out by interviewing the head of the DJP for the Bali region, the Head of the Lmats Consulting Tax Consulting Office, and the taxpayers. The results of this study indicate that the implementation of Law No. 9 of 2017 concerning Access to Financial Information for Tax Purposes has been going well. The supporting factor for the implementation of Law No. 9 of 2017 is the support from the DPR and the ministries which led to the passing of Law No. 9 of 2017. The inhibiting factor for the implementation of Law No. 9 of 2017 is the limited number of IT staff at DGT and also banking which causes technical problems related to the reporting of financial data, besides that the lack of quantity of human resources owned by DGT, especially in the IT field, causes implementation to be disrupted. Based on the data obtained regarding the ratio of taxpayer compliance in Indonesia during the period 2017 to 2021, it was found that there was a significant increase in taxpayer compliance. This increase in taxpayer compliance indicates that the implementation of Law No. 9 of 2017 in Indonesia has been effective in increasing taxpayer compliance.
Resolusi Konflik Kelompok Kriminal Bersenjata Papua Amanda, Muhammad Rasyiid; Pramono, 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.v5i1.2855

Abstract

Papuan Armed Criminal Group has carried out various attacks on TNI-POLRI , Papuan civilians, and migrant civilians in recent years. Every act of terrorism that occurs disturbs the Papuan people who live or work there. There are many victims of the KKB attack in Papua, ranging from military personnel, teaching staff, medical personnel, then students who are studying in their school. The type of research that the author uses in writing this thesis is normative juridical research. This type of research is research that seeks solutions to legal issues that arise to provide prescriptions regarding what should be the issues raised. And using the Conceptual Approach, Statute Approach, and Comparative Approach. The Papuan armed criminal group does not match the characteristics and definition of terrorists, in which terrorists do not aim to establish their own country and seek their sovereignty through militia and diplomacy. The Papuan Armed Criminal Group aims to get international attention, hoping that the land of Papua can become a sovereign country. The Indonesian government's steps should be Belligerent preventive not limited to tackling terrorists. Resolving disputes with Papuan armed criminal groups by not committing acts that are categorized as international crimes is through the mechanism of Military Operations Other than War, Regional Expansion, and Infrastructure Development in the land of Papua. However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration.
Menjembatani Antara Norma Agama dan Realitas Sosial (Studi Kasus tentang Dampak Sosial Kehamilan Diluar Nikah pada Individu Muslim di Banjarsari, Surakarta pada Masa Covid 19) Suratno, Suratno
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.v5i1.2859

Abstract

During the pandemic, early marriage due to pregnancy out of wedlock increased in various parts of Indonesia, as well as in the Banjarsari sub-district. Pregnancy outside of marriage certainly has a social impact on society. The reality in society in dealing with social impacts is sometimes contrary to religious norms. This study discusses how to compromise between social reality and religious norms in dealing with the social impacts of pregnancy outside of marriage. By using qualitative methods and field research, the researcher uncovered several contradictory social realities in society, among others related to family and environmental disgrace, the marriage of pregnant women, child lineage, inheritance, and guardianship of daughters due to adultery. There is a meeting point between social reality and religious norms related to attitudes towards the social impact of pregnancy outside of marriage because Islamic law is guaranteed to be by all places and times.
Upaya Pencegahan Pelanggaran HAM oleh Korporasi dalam Perspektif HAM dan Bisnis Samanha, Rizki Atsari; Hayati, Tri
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.v5i2.2860

Abstract

Violations of human rights by corporations occur due to technological advances that compel and the weakness of the system of laws and regulations as well as punishment for violators, resulting in acts of human rights violations both directly and indirectly. In order to analyze efforts to prevent human rights violations by corporations, human rights and business perspectives are needed and use normative research methods and present effective and appropriate prevention efforts. Thus, human rights violations committed by corporations are divided into 3 (three), namely forced migration of local residents, discrimination or closed access to justice and environmental damage. Therefore, the involvement of the state, corporations and society is needed in the implementation of corporate business entities to prevent and as an effort to mitigate human rights violations in the business sector.
Kajian Yuridis Peraturan Perundang-Undangan yang Baik dan Berkeadilan Bagi Masyarakat Agustina, Agustina; Purnomo, Sagita
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.v5i2.2867

Abstract

This study aims to analyze the characteristics of laws and regulations that are good and just for society, to discuss in depth legal remedies against laws that do not fulfill justice for society. This type of research is normative in nature with a descriptive-analytical approach, exploring existing legal symptoms and problems and testing them based on statutory regulations and legal norms. The results of this study indicate that the characteristics of laws that are good and just for the community are regulations that are harmonious, do not overlap with other laws and regulations and their substance accommodates the interests of the community. A good law must have the character of predictability, stability and fairness. Legal remedies against laws whose contents do not satisfy a sense of justice for the people can be carried out through a judicial review to the Constitutional Court, in addition there is also a legislative review, namely periodic reviews by the DPR as legislators as an effort to realize good management of law production.
Analisis Yuridis Terhadap Pembiayaan Berbasis Kekayaan Intelektual dalam Ekosistem Ekonomi Kreatif di Indonesia Shabillia, Larasta; 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.v5i1.2871

Abstract

The creative economy is one sector that has potention to continue to be developed, along with the lack of availability of natural resources to be exploited. The government started to pay attention to the creative economy by establishing a provision in the form of Law Number 24 of 2019 concerning the Creative Economy. As regulated in PP No. 24 of 2022, the existence of an intellectual property-based lending system requires several parties to regulate intellectual property as collateral. Regarding the implementation of binding guarantees in the form of property rights debt, property rights procedures, and technical implementation in its enforcement, some need to be regulated further. In addition, financial institutions may be concerned about credit to creative economy actors because there are no clear rules at this time. This research method uses library research methods with a normative legal approach. The results of this study are the extraordinary potential of Indonesia's creative economy has not been able to develop optimally because the awareness of creative actors about the value of the creative economy has not been maximized, there is no synergy, coordination, and implementation related to intellectual property-based creative economy financing between government sectors to overcome economic creative problems.
Kepastian Hukum terhadap Objek Jual Beli Tanah yang Dimasukkan dalam Harta Boedel Pailit oleh Kurator Putri, Olivia Gunawan; 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.v5i1.2872

Abstract

The land sale and purchase agreement is not allowed to be carried out by parties who have existing rules. The application of the balance axis in the land sale and purchase agreement has been stated in the Civil Code (KUHPerdata) in article 1320 paragraph (1). The article wants a balance in a relationship that has been formed by the parties, both the seller and the buyer. At this time there are various new problems that arise, both in terms of the agreement and in terms of the object (land) of the land sale and purchase agreement. As for one of the problems that are often encountered, a land sale and purchase agreement is found, in which case the land as the object of sale and purchase is not entirely voting rights or is not under the control of the seller. The object (land sale and purchase) has been designated as the bankruptcy estate by the curator who has the authority. This research method is a type of library research (library research) using a juridical-normative approach. In this study, based on the title and problem formulation, the researchers used descriptive qualitative research analysis. The results of this study that the sale and purchase of land on objects declared as boedel bankrupt assets has the legal consequence of canceling the sale and purchase agreement, where it does not meet Article 1474, Article 1320, and Article 1330 paragraph (1) of the Civil Code regarding the conditions for the sale and purchase agreement. Legal certainty related to this is the existence of compensation from the seller/bankrupt party to the buyer in accordance with Article 1471 and Article 1243 of the Civil Code. In Article 36 of Law 37 of 2004 concerning bankruptcy and PKPU wherein the object of sale and purchase which is the property of the bankrupt boedel the buyer can be declared a concurrent creditor for this matter from the bankrupt which must also be fulfilled the words of the sale and purchase agreement.
Tinjauan Hukum Pembubaran Perseroan Terbatas Atas Keputusan Rapat Umum Pemegang Saham (RUPS) Sesuai dengan Aturan Hukum Indonesia dan Malaysia Paramadani, Salsabila Putri
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.v5i1.2874

Abstract

The dissolution of a limited liability company is also very dependent on the actions of the GMS which is the highest organ in a limited liability company in making company decisions that will determine the directors in taking the direction of company policy in dissolving the company, this is because the directors are still bound and bear legal consequences if the mechanism for dissolving the company is carried out in an incorrect manner and violates the provisions of the law. The problem in this study is related to the company that does not have assets at the time of dissolution and compared with the legal rules of dissolution of the company in Indonesia with those in Malaysia. The method in this research is normative juridical. The results of this study indicate that there are some similarities and differences in the process of dissolution of a limited liability company according to legal provisions in Indonesia and Malaysia which are ASEAN countries, this is because the legal system used by Indonesia adheres to the civil law legal system, while Malaysia is common law.
Kedudukan Alat Bukti Elektronik dalam Pembuktian Tindak Pidana Hasnawati, Hasnawati; Safrin, Mohammad
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.v5i2.2878

Abstract

The legal implications caused by social change, especially technological developments (electronic devices) lie in the need for evidence by presenting electronic evidence in court. In Indonesian criminal law, the use of electronic evidence has actually been regulated. This study aims to determine and analyze the status of electronic evidence, especially in criminal trials after the enactment of the ITE Law and to find out the role of electronic evidence in Indonesian criminal law. Then it is reviewed and analyzed the characteristics and analysis of the electronic evidence so that it can be used as a reference for the judge's opinion in court. This search is a library search or literature search. The material is taken from various literature related to research. This journal writing method uses normative legal methods using statutory approaches and conceptual approaches. The results of the study show that the Criminal Procedure Code is still general in nature and does not recognize evidence in electronic form that can be used as a source of interest as evidence in court cases, electronic evidence itself is a form of expansion/development of evidence guidance so that in the Criminal Procedure Code the status is electronic evidence evidence.. Based on a survey on the status of electronic evidence in Indonesian criminal law, the status of electronic evidence according to ITE (Electronic Information and Transaction Law) is considered valid as long as the authenticity of the evidence can be proven and recognized by professionals. and submitted in accordance with applicable regulations.

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