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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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Perlindungan Ideal Atas Hak Dipilih Warga Negara yang Berprofesi Sebagai Pegawai Negeri Sipil Wahid, La Ode Haerul Saleh
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.v5i2.3433

Abstract

This research was conducted to find out how to limit the right to be elected by citizens who work as Civil Servants and how should the protection of the right to be elected by citizens who work as Civil Servants. This research uses a normative approach and is descriptive in nature. Methods of data collection using literature study and document analysis. Data analysis was performed using qualitative analysis methods. The results of the study show (1) restrictions on the right to be elected for citizens who work as Civil Servants are excessive restrictions and not ideal because in order to exercise the right to be elected, he must lose his right to work without any guarantee of getting a new job, and (2) Protection The ideal for the right to be elected by civil servants is by changing the time of resignation from civil servant status, where civil servants who have just registered as candidates in elections or regional elections simply temporarily resign from their civil servant status, and only resign permanently after the election process is complete. Arrangements like this have implications for the realization of restrictions on political rights that do not endanger the essence of the rights themselves, where restrictions can still be made but there is maximum protection for the right to vote for civil servants. Having the option to submit an active application again if not elected will be a differentiator and a sign that the state provides maximum human rights protection for every citizen, including those who work as civil servants.
Perlindungan dan Tanggung Jawab Hukum Atas Pembatalan Transaksi Jual Beli Melalui Metode Cash On Delivery di E-Commerce Kirana, Chandra; Yunanto, Yunanto
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.v5i2.3443

Abstract

The cash on delivery payment system makes it very easy for the community. However, it cannot be denied that online transaction cancellations occur in the cash on delivery (COD) system and have an impact on the parties involved: sellers, buyers, e-commerce and couriers. The aim of this research is to analyze legal protection and legal responsibility for canceling buying and selling transactions via cash on delivery in e-commerce.As an approach method used a qualitative approach based on empirical research. In this study, primary data were obtained from interviews and questionnaires. For secondary data from a literature survey. The results of this study indicate that the cash on delivery (COD) system can cause anxiety. This requires legal protection efforts to ensure the rights and obligations of the parties in online transactions, as well as more comprehensive education and stronger regulation of online transactions through e-commerce, especially the cash on delivery (COD) method. Preventive measure. e-commerces may have stricter terms of use for cash on delivery (COD) systems. Justice for the parties is realized when the parties are legally protected. Accountability efforts to the aggrieved party, especially the role of the market, must also be maintained. This is very helpful in terms of accountability if there is a problem with paying cash on delivery (COD).
Kekuatan Pembuktian Keterangan Ahli Berdasarkan Hukum Acara Perdata Indonesia Jayadi, Hendri
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.v5i2.3444

Abstract

The purpose of this research is to evaluate the validity of expert testimony based on Indonesian civil procedural law in Indonesian civil law. The method used is descriptive and qualitative. The data collection technique is a documentary study. The data used is secondary data in the form of documentation of the regulations used. The results of the study show that the position of an expert can be part of the witnesses who provide information in the context of evidence. Provisions regarding an expert witness are explained in Article 154 HIR. This makes the role of an expert important in explaining the problem under discussion. In terms of strength in the context of civil law, an expert has been screened through two commitments, namely a moral commitment (through an oath or promise) and also a professional commitment (which includes the expert's technical expertise through education or experience). In addition, the strength of an expert's statement is also higher because it is tested by the Public Prosecutor (Prosecutor) and also legal counsel.
Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang Desrina, Desrina; Emirzon, Joni; Suatmiati, Sri; Mahfuz, Abdul Latif
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.v5i2.3446

Abstract

The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.
Pelaksanaan Perjanjian Kerjasama Antara Rumah Sakit Umum Daerah Palembang Bari dengan PT. Asuransi Inhealth Kesehatan Apriadi, Ruly; Sa, Romli; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
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.v5i2.3452

Abstract

The purpose of this paper This research focuses on the implementation of cooperation between Palembang BARI Regional General Hospital (RSUD) and PT. Health Inhealth Insurance in the context of health services and the provision of drugs for insurance participants. Normative legal research methods with e-explanatory approach are used, with a legal approach and a concept approach to investigate how cooperation agreements are implemented and what obstacles are faced. Secondary data are taken as sources of information and analyzed using qualitative data analysis techniques. The results show that the cooperation agreement has fulfilled the provisions in Article 1320 of the Civil Code, but there are several obstacles in its implementation. These obstacles include the difficulty of changing the standard clauses of the agreement, the lack of specific regulations on the implementation of cooperation agreements, and the lack of online integration between the hospital system and PT. Health Inhealth Insurance. This research hopes to help improve the quality of cooperation between health care facilities and insurance companies.
Analisa Yuridis Putusan Pernikahan Beda Agama Ditinjau Dari Undang-Undang No 1 Tahun 1974 B, Muh Rivai; Iskandar, Hardian
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.v5i2.3453

Abstract

Religious weddings in Indonesia have been a difficult and tangled matter of legal debate. This study intends to produce legislation that governs themes the author discusses in light of current instances via this article, which applies normative research methodologies to solve its difficulties. The documentation of the legitimacy of interreligious weddings needs more legal assurance. Although Marriage Law No. 1 of 1974 makes it lawful, there still needs to be more work with administrative records under Population Act No. 24 of 2013, which enables opportunities for couples who may join in weddings of various faiths. Marriage between a Muslim and a non-Muslim is prohibited in Islamic law, according to Rule 40 of the Islamic Law Compilation, unless otherwise approved by relevant legislation. Article 2(1) of Marriage Act No. 1 of 1974 prohibits marriage between a Muslim and a non-Muslim. Interreligious couples must be given the same legal status and the same right to build a family via marriage under the 1945 Constitution and Law No. 39 of 1999 on Human Rights. In contrast, the Supreme Court of Indonesia issued letter 2 of 2023, urging judges not to stop interfaith marriage immediately. This essay highlights how difficult it is to attain legal clarity and certainty—better laws and policies and more exact legal interpretations.
Elektronifikasi Permohonan Persetujuan Impor Dalam Mencegah Gratifikasi Wahyudi, Ari; Lie, Gunardi; Sitabuan, Tundjung Herning; Neljeane, Jeane
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.v5i2.3454

Abstract

Corruption in its various types is an extraordinary crime, so extraordinary efforts are also needed (extraordinary enforcement), and extraordinary efforts are also needed to eradicate it (extraordinary measures). This study aims to analyse whether digital transformation (digitization) of import approval applications can prevent gratification practices that commonly occur in the administrative process of import approval applications if reviewed based on Government Regulation 29 of 2021 concerning Operators in the Trade Sector in the Prevention of Gratification. The type of research used in this proposal is normative juridical research. The approach used in this research is the statute approach. The results show that electronification of import approvals based on Government Regulation Number 29 of 2021 concerning organisers of the trade sector in the prevention of gratification is a brilliant breakthrough and very effective in preventing the practice of gratification. This is because Article 7 has offered a complicated technical mechanism for registering business licences in an integrated system, so this government regulation is considered effective because it offers a mechanism for registering business licences (including import approvals) electronically.
Perubahan Kedudukan Notaris Pengganti Pada Saat Notaris yang Diganti Meninggal Berdasarkan Undang-Undang Nomor 2 Tahun 2014 Nurjanah, 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.v5i2.3461

Abstract

This study aims to find out if a Notary applies for leave. The Notary must appoint a Substitute Notary to replace all of his authority. Still, if the Notary on leave dies, a different legal status will arise for the Substitute Notary, related to all powers, duties, and responsibilities to serve the community. At that time, there was a legal vacuum between the Notary who died before the leave ended and the Substitute Notary. A Substitute Notary will carry it out as a Notary Temporary Officer and must not be reappointed as a Substitute Notary as a Notary Temporary Acting. Thus, the Notary Temporary Officer can carry out what is under his authority within 30 days from the date the Notary dies, make a deed on behalf of a substitute Notary, and have a Notary protocol. All Notary Protocols must have been drawn up and Minutes of Substitute Notary Protocol submitted by the Notary Substitute within 60 days of the Notary's death; then all Protocols are submitted to the Notary Recipient of the protocol, then the Substitute Notary as temporary official Notary, Notary receiving Protocol and Regional Supervisory Board sign minutes of hand over. In this study, the authors used normative research methods.
Tinjauan Yuridis Kawin Gantung Masyarakat Melayu Desa Dahari Indah Kecamatan Talawi Kabupaten Batu Bara Asyrofulmuttaqin, Asyrofulmuttaqin; Nasution, Muhammad Syukri Albani
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.v5i2.3470

Abstract

Marriage is a sacred matter, the pillars and conditions must be fulfilled. In the Indonesian context, marriage must be registered and in an orderly administration. There are other matters that are very important for the Malay community in Batu Bara Regency, when a marriage (akad nikah) takes place, while the walimatul `urs has not been carried out, the bride and groom cannot live together, the rights and obligations of each cannot be carried out until walimatul `urs urs is held, this marriage is known as the "Kawin Gantung". This study wants to analyze the kawin gantungtradition, and a juridical review of the hanging marriage custom practiced in Dahari Indah Village, Talawi District, Batu Bara Regency. This type of research is qualitative, with a juridical-empirical approach, the primary sources consist of observations and interview results as well as laws and regulations in Indonesia regarding marriage. Data collection techniques were carried out by means of observation and interviews. The results of the study found that hanging marriage practiced by the community is a tradition that has long existed, and is part of local wisdom. It is known that the custom of kawin gantung does not conflict with the laws and regulations in Indonesia, and also in the Syafi`i school of law. Kawin gantung have a noble purpose, so that young couples do not fall into adultery, so that the marriage contract is permitted beforehand, even though they are not allowed to live in the same house, and have not been burdened with household duties and obligations. The implementation of a hanging marriage must have the agreement of both partners and both parties from the partner's family, if the couple is forced and not happy, then the kawin gantung is not carried out.
Perlindungan Hukum Penjual terhadap Pembatalan Sepihak oleh Pembeli pada Sistem Cash on Delivery Putri Ramadhani, Yuli Eka; Fitrian, Achmad; Wibisono, Arief
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.v5i2.3472

Abstract

The rapid evolution of technology has significantly impacted commerce, transforming traditional buyer-seller interactions. New payment systems, notably Cash on Delivery (COD), have emerged, where buyers either prepay or settle upon delivery. However, COD has faced challenges, with some buyers exploiting loopholes by rejecting deliveries for various reasons. This study employs a juridical normative approach to investigate legal safeguards for sellers against unilateral cancellations within the COD system. Analyzing the ordering process and relevant regulations, the research asserts that issues in online purchases, including COD, arise only when either party breaches the agreement. A product return feature addresses discrepancies in received goods. The legal foundation for sellers' protection lies in Article 1243 of the Civil Code, reinforced by Articles 1320, 1338, 1313, and 1458. This framework provides certainty for businesses engaged in online transactions with COD, securing rights and obligations for both parties. The research emphasizes the importance of these legal measures to mitigate financial losses resulting from unjustified cancellations, ensuring a fair and regulated environment for online commerce.

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