Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
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.
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786 Documents
<![CDATA[Quo Vadis Kebijakan Pemerintah Terhadap Legalitas Keberadaan Investasi Robot Trading (Expert Advisor) dikaji menggunakan Teori Hukum dan Pembangunan ]]>
<![CDATA[Tungmiharja, Wilson]]>;
<![CDATA[Gultom, Elfrida Ratnawati]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3212
<![CDATA[The purpose of writing this journal is to analyze and understand government policies regarding the legality of trading robots. The development of the times has provided many advances in both the technological and economic fields, technological advances have provided openness to trade in both goods and services. Forex trading is a business activity that offers high profits accompanied by high risks, where individuals must monitor and study the movements of the money market without stopping to make transactions. The existence of trading robots makes it easy to do forex trading due to automation to save time and does not require in-depth understanding of forex trading. The existence of trading robots provides an opportunity for criminal acts to occur in the forex field, one of which is the existence of Illegal Trading Robots which results in losses for users. One of them is the fraudulent investment case of Net 89, which has a trading robot mode, which uses a permit to sell e-books in carrying out trading activities based on trading robots. This problem has resulted in an urgency that can be seen from the enactment of BAPPEBTI Regulation Number 12 of 2022 as a step to regulate the existence of trading robots.]]>
<![CDATA[TINJAUAN HUKUM EKONOMI SYARIAH TENTANG PENGGUNAAN ROBO ADVISOR DALAM ISLAMIC WEALTH MANAGEMENT (Studi Pustaka Robo Advisor di Indonesia Tahun 2022) ]]>
<![CDATA[Irawan, Bambang]]>;
<![CDATA[Maimun, Maimun]]>;
<![CDATA[Faizal, Liky]]>;
<![CDATA[Zaki, Muhammad]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3214
<![CDATA[Robo advisor is a technology that can assist investors in managing their portfolios. In the context of Islamic finance, transactions and business relationships must ensure compliance with Sharia principles in order to preserve wealth and meet needs. The use of robo advisors in this context has not been extensively researched. This study aims to determine the use of robo advisors in Islamic wealth management. The research method used is literature review with a normative approach and descriptive-analytical analysis. The data used are from literature on the use of robo advisors and Islamic wealth management in Indonesia over the past five years. Based on the workings of robo advisors, various benefits and limitations are found in their use. The conclusion of the analysis of maṣlaḥah (public interest), functionality, and the urgency of using robo advisors shows that their use in Islamic wealth management can be considered permissible as a means for retail investors and beginners to safeguard wealth (ḥifẓ al-mâl) by applying filters for Sharia-compliant investment instruments and adhering to prohibitions on riba (usury), gharar (uncertainty), maysir (gambling), and haram (forbidden). The research recommendation is to conduct further research on the technical aspects and algorithms used by robo advisors in selecting Sharia-compliant investment instruments, and a sound framework of supervision and regulation is needed to ensure the compliance of robo advisors with Sharia principles and the protection of investors' interests.]]>
<![CDATA[Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan ]]>
<![CDATA[Hasti, Armin]]>;
<![CDATA[Saleng, Abrar]]>;
<![CDATA[Sumarji, Juajir]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3218
<![CDATA[The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations]]>
<![CDATA[Analisis Pertimbangan Hakim dalam Memutus Perkara Pemberian Hibah yang Ditarik Kembali (Studi Putusan Nomor: 33/Pdt.G/2019/PN/PMS) ]]>
<![CDATA[Gultom, Nurhayati]]>;
<![CDATA[Tjempaka, Tjempaka]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3227
<![CDATA[This research was conducted with the aim of exploring the rights and obligations of grantors in revoking a grant, the legal impact on grant recipients who experience grant revocation, and analyzing the compatibility of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court with the prevailing laws and regulations. This research used a normative legal approach and was descriptive in nature. The data collection methods used were library research and document analysis. Data analysis was conducted using qualitative analysis methods. The results of the research indicate that grantors have several rights based on Article 1669, Article 1671, and Article 1672 of the Civil Code and Article 212 of the Islamic Inheritance Law (KHI). Grantors also have the right to revoke their grant if the grant recipient fails to fulfill the obligations stipulated in the grant deed or other conditions specified in Article 1688 of the Civil Code. The legal impact on grant recipients who experience grant revocation is the return of the granted object to its original state before the agreement was made, as regulated by Article 1691 of the Civil Code. However, according to Article 212 of the KHI, a grant cannot be revoked, except in the case of a grant from a parent to their child, and this must be supported by a legally binding court decision. Based on the analysis of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court, it can be concluded that the decision is in accordance with the prevailing laws and regulations.]]>
<![CDATA[Urgensi Pemenuhan Hak Biologis Narapidana Ditinjau Dari Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan dan Hak Asasi Manusia ]]>
<![CDATA[Bramandita, Riki]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3239
<![CDATA[This study aims to examine the urgency of fulfilling the right to search biology in the context of Law Number 22 of 2022 concerning Corrections and Human Rights. The research method used is a normative juridical research method, by conducting a literature study and analysis of related documents. Based on the research results, the fulfillment of the right to fulfill biological needs is a very important need and must be a priority in the correctional system in Indonesia. Protection of debilitating biological rights not only impacts health and daily life, but also impacts the health and safety of society as a whole. Law Number 22 of 2022 concerning Corrections and Human Rights has regulated the protection of rehabilitation rights, including biological rights. However, the implementation of the law still needs more attention and improvement. Concrete actions are needed from those responsible for ensuring that biological rights are fulfilled, such as increasing access to health services, improving environmental conditions in prisons, improving the quality of food provided, ensuring protection against acts of violence, and providing sufficient attention to mental health assistance. . In addition, there is also a need for cooperation between various related parties to increase the fulfillment of the biological rights of the request.]]>
<![CDATA[Perlindungan Hukum Terhadap Warga Negara Asing dalam Perspektif Hukum Internasional ]]>
<![CDATA[Agustina, Agustina]]>;
<![CDATA[Ponto, Renaldi Timoti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3264
<![CDATA[Residents of a country are citizens and non-citizens. People who are not citizens are called foreigners. The determination of whether a resident is a citizen or not is regulated by the national laws of each country. National laws determine who is a citizen. country. Regardless of his status as a citizen or foreigner, he is a subject of international law, has rights and obligations based on international law in a limited sense. In this limited sense, in contrast to the definition of states as subjects of international law in the full sense, when considering the issue of international legal protection of foreigners, an academic approach to the theory and practice of international courts is used. A foreigner has the right to equal protection under the laws of the country in which he resides reside and are also entitled to certain rights to opportunities for a decent life, as regulated in Article 9 of the Montevideo Convention of 1933 which reads: "Citizens and foreigners are equally protected by law and neither national authorities nor foreigners can claim rights other than or higher than the rights of citizens. Based on the opinions of international law experts, we will know the legal principles and theories relating to the position of individuals as subjects of international law. The principle of citizenship is the main basis for implementing the principles of state authority and responsibility towards citizens and foreigners]]>
<![CDATA[Perlindungan Hukum bagi Konsumen Depot Air Minum yang Terpapar Bacteri Escherichia Coli ]]>
<![CDATA[Hidayat, Taupik]]>;
<![CDATA[Ginting, Elvira Dewi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3272
<![CDATA[This study aims to analyze the legal protection given to consumers of drinking water depots who experience losses due to exposure to Escherichia coli bacteria. The research method used is a normative juridical method by analyzing the Consumer Protection Law No. 8 of 1999 regarding legal protection for consumers of drinking water depots. However, to support normative juridical research, empirical research is also needed to determine how the management of drinking water depots is carried out. The results of the study show that legal protection for drinking water depot consumers who are exposed to Escherichia coli bacteria is contained in various laws and regulations, such as the Consumer Protection Act and the Minister of Health Regulation concerning Water Quality Requirements for Sanitation Hygiene and Recreation Purposes. However, there are several obstacles in providing legal protection for consumers of drinking water depots, such as the lack of law enforcement against violations related to drinking water quality and the lack of public awareness of the importance of consuming safe and healthy drinking water. Therefore, efforts from the government and society are needed to increase awareness of the importance of drinking water quality and law enforcement against violations related to drinking water quality.]]>
<![CDATA[Implementasi Bagi Penyandang Disabilitas dalam Perolehan Surat Izin Mengemudi (SIM) ”D” di Polresta Denpasar ]]>
<![CDATA[Saraswati, Cinta]]>;
<![CDATA[Agus Kurniawan, I Gede]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i2.3316
<![CDATA[Granting of Driver's Licenses (SIM) to persons with disabilities The obstacles faced by the Police in providing a driver's license (SIM) for persons with disabilities in the jurisdiction of the Denpasar Police, that in accordance with the provisions of the application for a driver's license must be completed with a Health Certificate from a doctor. This writing uses an emperical research method, namely conducting field research through interviews at the research site supported by primary and secondary data collected and processed in a qualitative descriptive manner. The Effectiveness of Driver's License (SIM) Making Services in the Administrative Unit (Satpas) of the Denpasar Police Driver's License, that the process of servicing a driver's license (SIM) "D" for persons with disabilities is carried out in accordance with the provisions of the applicable law and other related regulations and in practice the service has not been effective, due to the lack of facilities and infrastructure of practical test equipment in the form of motor vehicles specifically and their trajectories, so that there is a gap between the Das Sollen with Das Sein caused the service of a Driver's License (SIM) "D". The obstacles faced by the Police in providing driver's licenses (SIM) for people with disabilities, that with several factors as obstacles to the service of making a driver's license (SIM) "D"lack of facilities and infrastructure, there are several efforts made by the police in overcoming obstacles through the provision of special motor vehicle facilities and infrastructure for people with disabilities and their tracks.]]>
<![CDATA[Hak dan Kewajiban Kreditor Memiliki Hak Retensi dalam Pembagian Harta Pailit Berdasarkan Hukum Perdata Indonesia ]]>
<![CDATA[Jayadi, Hendri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v4i2.3346
<![CDATA[Bankruptcy is a complete confiscation of the debtor's assets to end debtor-creditor conflicts or to ensure that these assets are divided equally among creditors. The purpose of this study is to examine how Indonesian civil law is used to analyze the rights and obligations of creditors with retention rights in the distribution of bankrupt assets. Research using the Systematic Literature Review method, found 15 articles that match the criteria, with search strings from 2013 to 2023. The results of the study show that Commercial Court Judges will grant Suspension of Debt Payment Obligations (PKPU) to debtors and creditors to facilitate negotiation of payment methods, both in whole or in part, including debt restructuring if necessary. Debtors are required to file for bankruptcy if they have more than two creditors and outstanding debt obligations. The bankruptcy petitioner only loses his civil rights to manage and control his assets; they retain their civil rights to engage in other civil acts. This grant is legally considered as part of the bankruptcy estate, managing third party assets and appointing third parties to act as attorneys in legal proceedings, debtors are still allowed to maintain their legal status. The implication of this research is to provide an overview of the rights and obligations of creditors with retention rights in the distribution of bankruptcy assets based on Indonesian civil law.]]>
<![CDATA[Perlindungan Hukum Terhadap Penerapan Asas Pari Passu Prorata Partij Terhadap Kreditor Konkuren Dalam Perspektif Hukum Acara Perdata ]]>
<![CDATA[Jayadi, Hendri]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 3 No. 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v3i2.3347
<![CDATA[The principle of pari passu prorata partij is applied in bankruptcy cases involving several creditors and debtors. This encourages a study of legal protection for the application of the pari passu prorata partij principle to concurrent creditors in the perspective of civil procedural law. The purpose of this study is to determine the extent to which the principle of pari passu prorata partij provides legal protection for concurrent creditors. The research method used is a qualitative type of literature study. The results of this study indicate that the principle of pari passu prorata partij provides a solution that the provision of repayment to creditors is given jointly without anyone taking precedence, especially concurrent creditors who do not have privileges in accordance with the provisions of the law. Debt repayments to creditors are also scaled according to their relative debt. According to Article 37 of Law no. 37 of 2004, if the debtor's assets are not sufficient to cover his debts, then the curator will make more efforts by filing an actio paulina case. It can be concluded that the principle of pari passu prorata partij can provide solutions and legal protection for bankruptcy problems involving both parties.]]>
