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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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Urgensi Perlindungan Hak Asasi Anak Atas Data Pribadi di Era Digitilasasi Berdasarkan Prinsip Negara Hukum Rohmansyah, Duta Agung; Saputra, Kevin Mandela; Sholih, Badrus
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.v5i2.3054

Abstract

Information related to children in the form of identity names, addresses, photos, videos, and other information about themselves, including their thoughts in speech or pictures, sounds are children's personal data. Children's personal information is shared transparently on social media on various platforms which can be seen, retrieved, even searched for and shared by anyone without adequate legal protection. The research problem to be raised in this study is: How is the protection of privacy rights over personal data in Indonesia implemented? What is the urgency of protecting children's personal data in Indonesia? The normative legal research method is used, namely the primary legal material is collected and analyzed, namely the Child Protection Act, the Information and Electronic Commerce Law and the Personal Data Protection Act. The pattern of approach in this study is carried out using a deductive approach, that is, in general, it is specifically discussed. Based on the research findings, it is known that Article 25 of Law Number 27 of 2022 does not specifically regulate legal mechanisms and forms of protection provided by the State to children who are victims of misuse of their personal data. Because, if we can follow the example of developed countries such as the European Union, the United Kingdom and the United States, they have specific laws in protecting children's personal data so that later when a violation occurs, the existing rules can be properly applied. However, the research was not.
Perbandingan Bank Tanah dengan Manajemen Aset Negara Terkait Pertanahan Situngkir, Roma Tua; Adhim, Nur
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.v5i2.3075

Abstract

In the Land Sector, the Job Creation Law has issued regulations regarding the existence of a Land Bank in Indonesia. Based on article 1 paragraph (1) Government Regulation Number 64 of 2021 states that the Land Bank is a special agency (sui generis) formed by the central government which is given certain authority to regulate land. However, prior to the existence of the Land Bank Agency, there was the State Asset Management Institute, the State Asset Management Institute was motivated by the not fully optimal utilization of state assets related to idle state assets. The purpose of writing this journal is to review and analyze how comparisons to Land Banks and State Asset Management Institutions are related to land in Indonesia based on applicable laws. Normative juridical research approach method. The research procedure is descriptive qualitative analysis and the data source used is primary data through literature and statutory studies.The conclusions in this study, 1) the similarities between the Land Bank and the State Asset Management Institute 2) the differences between the Land Bank and the State Asset Management Institute.
THE LAW OF TERROR ACCORDING TO THE QUR'AN SURAH AL-ANFAL, VERSE 60 (Responding to the Phenomenon of Terror in Indonesia) Zuhri, Ahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 3 No. 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.3076

Abstract

Understanding related to the values of jihad can be misunderstood, so that it can lead to the wrong context, which leads to an act of terrorism. The real impact can be witnessed through acts of terrorism that have occurred in Indonesia. The actions that took place had a negative impact on people's lives in Indonesia, which created a feeling of fear, anxiety, and worry. This research is included in the qualitative research category with the aim of analyzing the terror law based on Al-Anfal verse 60, which is associated with the terror phenomenon that occurred in Indonesia. The research method approach uses a literature study approach that comes from interpretations and related references. The results of the research show that the phenomenon of terror that occurs is caused by a misunderstanding in the context of the form of jihad and the values of martyrdom, which are often used as an excuse for carrying out acts of terror. So that terror and acts of terrorism are contrary to Islamic teachings. Although the terms "terror" and "terrorism" may not be explicitly mentioned, the values and principles contained in the Quran provide a basis for the conclusion that terror and terrorism are forbidden in Islam.
Review of The Concept of Intercession of The Qur'an on The Day of Judgement Zuhri, Ahmad
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.v4i2.3077

Abstract

The word "syafa’a" (intercession) refers to Allah SWT's generous display of grace in the form of assistance. Intercession on the last day is the most expected part of every human being. Specifically, giving intercession can be analogized as a request to get good and avoid evil. One of the classifications of intercession on the Day of Judgement is intercession. The group of people who get this intercession are people who have a heart that is firmly attached to the Al-Qur'an, making the Al-Qur'an a guide, leader, and guide in their lives. The review of the concept of intercession in the Qur'an given by Allah SWT will be analysed using a descriptive qualitative approach based on several literatures, laws, and opinions of the scholars. The data used in this research refers to the hadith of the Prophet, quotations from Al-Quran verses, and reviews of the opinions of scholars who are oriented towards the intercession of the Qur'an. The results of the research show that intercession in the Qur'an is a gift from Allah, and only He has the full power to give intercession to whoever He wants. Syafa'at is not an absolute guarantee or an opportunity to commit sins, but is a mercy from Allah that can benefit those who are pleased with Him.
Perjanjian Dengan Jaminan Gadai Pada PT Pegadaian Cabang Tangerang Muktamara, Savira Alia; Badriyah, Siti Malikhatun
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.v5i2.3081

Abstract

The development of the economic and monetary sector is now deemed necessary to further enhance the role of credit institutions on the basis of legal guarantees that meet the needs of the community. The government has provided various other credit/loan facilities through PT Pegadaian. The pawn agreement is made by the customer as the debtor providing the pawn and PT Pegadaian as the holder of the pawn. Pawn objects are movable objects with a few exceptions. The procedure for requesting credit until repayment is relatively easy without conditions which will cause new problems for customers. The approach method used is empirical juridical. The results of the research PT Pegadaian carry out its duties to help the community work well. The pawnshop is responsible for the maintenance and storage of the pawned goods by being insured. After the due date but the pawned goods are not taken or not redeemed is a form of default that occurs, the collateral goods will be auctioned with the applicable procedures. PT Pegadaian Tangerang Branch sometimes faces problems but all of them can be overcome by sticking to the company's mission, vision and goals, so that there is no prolonged dispute between customers and PT Pegadaian.
Tinjauan Yuridis Pendirian Perseroan Terbatas Perorangan Oleh Usaha Mikro Kecil Berdasarkan Undang-Undang No 11 Tahun 2020 Tentang Cipta Kerja Buana, Chriselda Febriany Kartika; Prananingtyas, Paramita
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.v5i2.3084

Abstract

Small Enterprises are growing rapidly in Indonesia, and play an important role in economic development in Indonesia. The emergence of Law Number 11 of 2020 concerning Job Creation has contributed to the ease of establishing a limited liability company for Small Enterprises. It supports the development of Small Enterprises, with the Job Creation Law the establishment of a company no longer requires a notary deed but can be registered easily on the official website of the Directorate General of Administration Of General Laws. The author wants to see how the establishment of a limited liability company by Small Enterprises is based on the Job Creation Law and see the differences in the procedure for independent establishment and establishment using a notarial deed. The benefit of this research is that to contributes to legal thinking and becomes a reference that related to the topic. The research method used is normative juridical, with a conceptual and statutory approach, secondary data collection, qualitative data types, with library study data collection techniques to be analyzed using descriptive analysis techniques. The results of the author's research on establishment by Small Enterprises are carried out on the website of the Directorate General of Administration Of General Laws and can be established by one person aged at least 17 years and fulfills the requirements in the form, which later if received will get a legal entity establishment certificate. The difference between those established with a notary is that the process of establishment with a notary deed is longer and has a deed of establishment, ownership by Small Enterprises as sole ownership, the legal basis on which Small Enterprises is based refers to the Job Creation Law while with a notary deed it is more Limited Liability Company Law.
Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia Salsabila, Ditiya; Ispriyarso, Budi
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.v5i2.3085

Abstract

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.
Kajian Hukum Terhadap Peraturan Desa Kradenan Kecamatan Kaliwungu Kabupaten Semarang No. 11 Tahun 2022 Tentang Pungutan Pasar Desa Warsito, Warsito; Destyarini, Normalita; Prastyanti, Rina Arum; Elisanti, Evi
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.v5i2.3088

Abstract

The purpose of this research is to determine the process of formation and legal consequences of Kradenan Village Regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning Village Market Levies. The research subjects were traders at Kradenan Village's Firm Market. The research method used is an empirical juridical approach. Data collection techniques are literature study, interviews, observation and documentation. The qualitative descriptive data analysis technique is in the form of an interactive analysis model. The results of the research show that the process of forming village regulations regarding village market levies is 1) village regulations are determined by the village head with the BPD, 2) hamlet deliberation 3) village deliberation, 4) village head conveys village regulations to the regent or mayor through the subdistrict head as a supervisory control or coaching, 5) Village government and BPD disseminate information regarding Kradenan Village regulations, Kaliwungu District, Semarang Regency No. 11 of 2022 concerning village market levies on the community and stakeholders. The legal consequences of village regulations regarding village market levies are warning sanctions and administrative sanctions for violations and non-compliance with these regulations. The conclusion of the research is that the impact of village regulations regarding village market levies is very significant in increasing PAD, empowering village-owned assets, prospering and improving the economy of village communities. To optimize PAD, it needs to be determined and regulated in village market levies
Tanggungjawab Sekretaris Desa Papringan Dalam Kasus Sengketa Tanah di Desa Papringan Suwarto, Suwarto; Santoso, Aris Priyo Agus; Habib, Muhamad; Elisanti, Evi
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.v5i2.3090

Abstract

The aim of this research is to determine the responsibilities and obstacles of the Papringan village secretary in cases of land disputes in Papringan Village. The research location is at the Papringan Village Office, Kaliwungu District, Semarang Regency. The research method used an empirical juridical legal science approach. Primary data was obtained through interviews, discussions with village secretaries, parties in land disputes, village communities to provide information regarding the resolution of land dispute cases through mediation. Secondary data was obtained from library literature. Data collection techniques used were literature studies, interviews and documentation. The qualitative descriptive data analysis technique used an interactive analysis model. The results of the research show that the responsibility carried out optimally by the village secretary can improve services, development and empowerment of the village both individually and in the village community, so that the implementation of the duties and functions of the village secretary in resolving land dispute cases is more focused in a planned, orderly manner in order to achieve the expected goals. The Village Secretary's responsibilities are carried out efficiently, effectively and are able to reduce the emergence of problems in resolving land dispute cases through mediation. The obstacles of the Papringan village secretary in the land dispute case in Papringan Village are internal and external factors. The conclusion of this research is that the responsibility of the village secretary in resolving land dispute cases in Papringan Village is good enough and optimal so that obstacles to resolving land dispute cases can be minimized.
Perlindungan Hukum terhadap Traditional Knowladge di Indonesia dalam Sistem Hak Kekayaan Intelektual Berdasarkan World Intelectual Property Organitation Sofari, Muhammad Fardi
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.v5i2.3095

Abstract

When it comes to traditional knowledge, such as art, culture, and other types of local wisdom, Indonesia has a lot of potential as an archipelagic nation with many different tribes that each have their own unique traditions, arts, and culture. Its exceptional potential is a national or state asset that has to be safeguarded so that it may continue to grow and ultimately benefit society. In reality, most of the traditional wealth formerly held by residents of the archipelago has either vanished or been moved to other nations. Protecting traditional knowledge via intellectual property rights such as copyrights, patents, plant varieties, industrial designs, and trademarks is an idea that the World Intellectual Property Organization (WIPO) has given considerable thought to. It may be challenging to secure traditional knowledge via intellectual property rights in practice because to problems with ownership, novelty, duration, fixation, invention, and novelty.

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