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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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Tinjauan Hukum Pidana Cheat/Hacking dalam Game Online Berdasarkan Undang-Undang Nomor 11 Tahun 2008 dan Undang-Undang Nomor 19 Tahun 2015 Pathavi, Williem; Prasetyo, Mujiono Hafidh
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.v5i2.3110

Abstract

Technological developments in cyberspace today show the development of new ideas and works in various fields. Gaming technology is one of the highlights. Online games are games that connect each player through a network. The increasing number of online game enthusiasts, makes competition between players increase and there is a desire to be superior by taking shortcuts, namely cheating. The more frequent occurrence of cheating/hacking in online game systems raises questions (1) whether Law number 11 of 2008 on Information and Electronic Transactions can be used as a basis for criminal prosecution of perpetrators of cheating/hacking in online game systems? (2) what are the criminal penalty for perpetrators of cheating/hacking in online game systems according to Law number 11 of 2008 concerning Information and Electronic Transactions? The purpose of this normative legal research is to find out the legal provisions governing cheat/hacking in online game systems and criminal penalty that punish the perpetrators in Law number 11 of 2008 on Information and Electronic Transactions, which requires secondary data and library data in reviewing it. The results of his research found that Law number 11 of 2008 on Information and Electronic Transactions can be used as the basis for criminal penalties for perpetrators of cheating/hacking in online game systems because the act of cheating/hacking fulfills the elements of a criminal act contained in Law number 11 of 2008 on Information and Electronic Transactions. Criminal sanctions for perpetrators of cheating/hacking in the online game system are adjusted to the provisions of the article that is violated.
Boundary of Istimta' For Husband Against Menstruating Wife (Comparative Study of Imam Malik and Imam As Syafi'i) Hakim, Pahmi; Efendi, Rahmad
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.v5i1.3117

Abstract

This research examines the "Istimta' Limits' For Husbands Toward Wife Who Has Menstruation. In more detail, it discusses ISTIMTA'. is a law that is prescribed for a couple so that there is no more opportunity for the husband to commit adultery even though the wife is menstruating, therefore there is a limit of istimta' for the husband towards the wife who is menstruating so that it is more build good family relationships.Opportunities for adultery for husbands are very few because the majority of scholars allow istimta' but differ in opinion as to what istimta' (having fun) with a menstruating wife can be chosen by the husband taking into account the procedures and procedures in accordance with Islamic law. There are several laws that the scholars are not united and have different opinions, in particular regarding the concept of istimta limits.This research is about to examine the opinion of two madhhab priests, namely Imam as Syafi'i and Imam Al Maliki.The problem being investigated is how the views of imam as Syafi'i and imam maliki on the concept of istimta' law on menstruating women. This study aims to analyze the views of two priests of the madhhab, namely Imam As Syafi'i and Imam Al Maliki regarding the limit of istimta' for husbands towards wives who are menstruating. This research is research that uses a normative approach with a qualitative descriptive method, ie describes the views of two madhhab priests, namely imam as Syafi'i and imam Al Maliki. Research results obtained from the discussion of this study, namely that if a wife is menstruating there is a limit for the husband to be istimta' with said wife, so when a husband ignores the istimta' limits for a husband towards a wife who is menstruating which is permissible then the law is haram. So it is important to explain in this related thesis.
Legal Analysis Regarding the Responsibilities of Intermediaries in the Sale and Purchase of Land Joharsah, Joharsah; Muhlizar, Muhlizar
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.v5i2.3127

Abstract

Inside practice, sell-buy that involves party seller and buyer, especially on purchases right on land, requires a party third to be on duty as an intermediary with function as a giver of information, a liaison, as well as someone acting as a recipient of power. Following the Civil Code in Article 1792, which regulates gift power of attorney, and Article 1338, paragraph (3), everything must be done in good faith. However, not all intermediaries can operate, giving trust to them with ok. Practical loss in some party Study This will describe factors from the cause of the selling process, buy right on done land through the intermediary role, and not quite enough answer party third the recipient power inside the buy right on done land. Studying this also explains the consequence law. Suppose there is a default and also in the process of settlement. The interview process is used to collect data; the informant or respondent reluctantly conducts field and literature research and a qualitative forward analysis study. From research, those are the givers of power to intermediaries for a more thorough and considerate application of various principles, especially justice for all parties.
Tinjauan Yuridis Kejahatan di dalam Sistem Elektronik pada Rekening Virtual Pakpahan, Bani David Soaloon; Parameshwara, Parameshwara; Pakpahan, Kartina; Saota, Margaretha Citra Novriyanti; Tambunan, Franciscus Orlando
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.v5i2.3139

Abstract

Virtual account is an electronic application that is created to connect to a large computer network when using the internet. This is very vulnerable to the threat of online crime, virtual accounts must provide security for customers. The aim of the research is to find out what electronic system crimes are, analyze the application of data protection laws, and legal sanctions for perpetrators of account burglary crimes. The research method is normative juridical. The research results show that the electronic systems currently in force in Indonesia are Mobile Banking, SMS Banking and Internet Banking. Regarding data protection in banking, it is regulated in article 40 (1) of Law no. 10 of 1998 concerning banking, namely that banks are obliged to keep confidential information regarding depositors and their deposits. Even though the Laws and Regulations have strictly regulated the protection of customer data, the fact is that in the field there is still a lot of misuse of customer personal data by irresponsible parties. Prohibitions for perpetrators of virtual account burglary crimes are regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions Article 31 Paragraphs 1, 2, 3 and 4. The conclusion is that the application of the law regarding data protection in banking is regulated in Article 40 (1) of the Law No. 10 of 1998 concerning banking, namely that "banks are obliged to keep confidential information regarding depositors and their deposits.
Pelaksanaan Peraturan Daerah Kota Semarang Nomor 3 Tahun 2018 (Studi Tentang Penataan Dan Pemberdayaan Pedagang Kaki Lima Di Jalan Pandanaran II Kota Semarang) Sari, Adinda Novita; Wisnaeni, Fifiana
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.v5i2.3152

Abstract

Indonesia is a Republican State that has a variety of cultures, a maritime country with waters covering two-thirds of its land area, which makes it clear that Indonesia is a large country. The increasing number of poor people has resulted in an increasing number of people who prefer to work as street vendors because the work is in accordance with their expertise. The City Government has made efforts to reduce the difficulties caused by the presence of street vendors by passing Semarang City Regional Regulation Number 3 of 2018 concerning Arrangement and Empowerment of Street Vendors. The purpose of this research is to find out and examine the implementation of these regional regulations on Jalan Pandanaran 2 Semarang City, as well as the obstacles that hinder its implementation. The problems discussed in this study include how the Regional Regulation of the City of Semarang Number 3 of 2018 concerning Jalan Pandanaran II Semarang City is implemented, as well as the challenges faced. This research uses a juridical-empirical research type, the resources used consist of primary and secondary data. The research results obtained are (1) the implementation of this regional regulation can be said to have been going quite well even though it has not been implemented effectively. (2) there are still several obstacles encountered in the field such as lack of land availability, lack of human resources to support the effective implementation of regional regulations. (3) The solution that can be concluded from the results of interviews with several street vendors, the majority of them voiced a desire for the government to be more aggressive in providing socialization regarding a more orderly arrangement of street vendors, more accomodated collection of fees and clear coordination.
Perlindungan Hukum Terhadap Kriminalisasi Jabatan Notaris Ditinjau Dari Undang-Undang Jabatan Notaris Alvanso, Tonicca; Prasetyo, Mujiono Hafidh
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.v5i2.3153

Abstract

In essence, the function of the Notary's position is to provide services to the public in making authentic deeds and the Notary is not an interested part in the deed being made, but only as consolidates or records in writing a legal action from the interested parties. However, nowadays, due to increasingly complex legal issues, the position of Notary Public is often criminalized, namely appointing or making an act that was not originally a criminal act into an act that can be punished, the act in question includes the authority of the Notary position which the Notary tries to implement in accordance with statutory regulations. which applies in Indonesia. The formulation of the problem in this research is how legal protection against the criminalization of Notary authority is reviewed based on the Law on Notary Positions. The aim of this research is to analyze and describe how the legal protection of Notary's authority occurs if there is a form of criminalization of the authority of public officials reviewed based on the Law on the Position of Notaries. This type of research uses normative juridical research. The result of this discussion is that there is still a need for some form of legal protection against the criminalization of Notary's authority because in the Notary's Position Law there are no strong regulations protecting the authority of Notaries in carrying out their position if there is a conflict of regulations or interests
Status Hukum Kepemilikan Hak Atas Tanah yang Tanahnya Telah Hilang Akibat Gempa Bumi di Cianjur Putri, Catherina Amanda; Tjempaka, Tjempaka
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.v5i2.3155

Abstract

Proof of ownership of a plot of land is proven by the existence of a certificate and physical control so that if these two things are destroyed, the legal relationship between the owner and the land ends. There are several causes for the end of a person's land rights, one of which is that the land object has been destroyed due to a natural disaster. Because the term "destroyed land" is used in Article 27 of the UUPA, which refers to the abolition of land rights, the state is unable to provide legal protection for destroyed land, which results in a legal void. A normative legal research approach with a statutory approach was used for the study. The result of this study is a discussion of the form of legal protection by the National Land Agency regarding the reownership of land rights whose land has been lost due to natural disasters. Land rights holders can submit a report to the land service emergency response posts to report complaints of lost or damaged certificates due to natural disasters, and then the Land Office will conduct field research as the basis for issuing a replacement certificate.
Implikasi Hukum Pembentukan Peraturan Pelaksana Pasca Putusan Mahkamah Konstitusi Atas Pengujian Undang-Undang No. 11 Tahun 2020 Tentang Cipta Kerja Rizki, Muhammad; Alwan, Sultan; Rumkel, Nam
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.v5i2.3162

Abstract

This study aims to examine the legal status and binding force of the Implementing Regulations enacted and analyze the legal implications of the formation of Implementing Regulations post-Constitutional Court Decision No. 91/PUU-XVIII/2020. The research method used is empirical with data collection through literature review, interviews, and supporting theories. The data analysis technique employed is descriptive qualitative. The results of the study indicate that the formation of three Implementing Regulations after Constitutional Court Decision No. 91/PUU-XVIII/2020 in the context of the Omnibus Law on Job Creation lacks legal status and binding force in the enforcement of norms. Moreover, Constitutional Court Decision No. 91/PUU-XVIII/2020, which examined the formal aspects of Law No. 11 of 2020 concerning Job Creation, has wide-ranging implications. Through its decision, the Constitutional Court, particularly in point 7, suspends actions or strategic policies with broad impacts and prohibits the issuance of implementing regulations.
Peran Notaris dalam Pembuatan Akta Pernyataan Keputusan Rapat Umum Pemegang Saham (RUPS) Perseroan Terbatas di Kota Semarang Fitri, Aulia Ineke; Mahmudah, Siti
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.v5i2.3198

Abstract

In its implementation, the General Meeting of Shareholders (GMS) is recorded in the form of meeting notes in the form of a notarial deed and/or backhand deed which is then recorded in the form of a deed. This research method uses a sociological legal approach. The purpose of this study was to determine the role of a notary in making the decision deed of the General Meeting of Shareholders (GMS) of a limited liability company in the city of Semarang. From the results of the examination, the notary is not involved in the decision- making process of the GMS. The task of a notary in making a deed of the decision of a meeting of shareholders of a company is very limited, such as in making a party deed, the notary is only limited to pouring it into a legalized deed.
Tindak Pidana Pencurian Ringan dan Upaya Hukumnya dalam Proses Tuntutan Pemidanaan Putri, Fresiella ‘Arsy Mahdavika; Hapsari, Iffahdah Pratama; Wardana, Dodi Jaya
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.v5i2.3211

Abstract

This research is motivated by observational data, where crimes of petty theft are very widespread in Indonesia, how can a person be qualified as a perpetrator of a crime of petty theft, then what are the efforts of the prosecutor in dealing with criminal acts of petty theft, so that injustice does not occur like the case of Minah's grandmother, grandma asiani, grandpa samirin and many more. researcher what are the efforts of prosecutors in dealing with the crime of petty theft in order to create justice and adjust situations or conditions so that they are relevant to life in this era. then analyzed descriptively so that conclusions can be drawn.

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