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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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Effectiveness of Bali Government's Policy in Continuous Giving of Grants to The Bali Sports Committee Dirgantari, Made Yandi
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.v5i2.3589

Abstract

The provision of continuous grants to the Indonesian National Sports Committee (KONI) Bali amounted 39 billion rupiahs a year, considered ineffective, considering that there are still cases of theft of these grants. Examining more deeply the level of effectiveness of grant funding is an important thing to do, especially in the Province of Bali which is one of the areas that is often used as the organizer of sporting events. This research is an empirical research that is descriptive in nature with an empirical legal approach. This research took place in KONI Bali and Office of Education, Youth and Sports (Disdikpora). The data used in this study consisted of primary and secondary data obtained through documentation, observation and interviews. Data then being analyzed using qualitative descriptive method Results indicate that provision of grants to KONI Bali has met the principle of effectiveness, in accordance with Disdikpora Bali which states that value of the grants given shows a significant increase in athlete achievement at the national and international tournament. Obstacles found in terms of communication, resources and bureaucracy. The provision of grants made by the regional government to KONI Bali complies with the provisions of Law 11 of 2022, Permendagri 77 of 2020 and Pergub Bali No 3 of 2019.
Tinjauan Yuridis Pelaksanaan Review Hasil Pemilihan Penyedia dalam Pengadaan Barang atau Jasa oleh Pejabat Pembuat Komitmen Ersanda, Elsha; Rustan, Ahmad; Irwansyah, Irwansyah; Umar, Wahyudi
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.v5i2.3653

Abstract

The role of the Commitment Making Officer (PPK) is very important to ensure procurement objectives are achieved by reviewing the results of the selection of government procurement of goods and services so that the entire procurement process is carried out transparently, fairly and in accordance with applicable regulations. This research aims to analyze whether the process of reviewing election results in procurement process No. 15117081 carried out by PPK Southeast Sulawesi has complied with the principles of transparency, accountability and fairness in selecting tender winners based on LKPP Regulation No. 12 of 2021. The research method used is a legal research method with a statutory approach and case study. The results of the research show that the implementation of the review by the PPK in the aquo case is not in accordance with the provisions of LKPP regulation No.12 of 2021. The review should be carried out by the PKK only based on the Minutes of Election Results (BAHP) documents received, not providing field evidence or clarification to participants or other parties. The implication of these findings is that there is a potential violation of the principles of government procurement of goods and services which must be carried out transparently, fairly and in accordance with regulations.
Efektivitas Penegakan Hukum Terhadap Pelaku Penambangan Pasir Tanpa Izin (Studi Pada Kepolisian Resor Pangkep) Badaru, Baharuddin; Razak, Askari; Umam, Wildan Syauqil; TL, A. Darmawansya
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.v5i2.3654

Abstract

This study aims to identify and analyze the effectiveness of law enforcement against unlicensed sand miners by the Pangkep Resort Police, and to identify and analyze the factors that impede the effectiveness of law enforcement against illegal sand miners by the Pangkep Resort Police. This type of research is empirical juridical. The research results show that the effectiveness of law enforcement against the perpetrators of sand mining without a permit by the Pangkep Resort Police is not running effectively. This is due to the understanding of the Satreskrim investigators of the Pangkep Resort Police in determining and finding the elements of crime from the perpetrator's actions, so that the investigation requires and/or presents expert witnesses to clarify the actions of the perpetrators. Factors hindering the effectiveness of law enforcement against illegal sand mining by the Pangkep Resort Police, namely; substance, structure, and legal culture. The three factors that most influence the criminal act of sand mining without a permit is the legal substance.
Analisis Yuridis Penyelesaian Sengketa Kepemilikan Tanah Bersetifikat Ganda Putri, Bela Muhdayani
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.v5i2.3656

Abstract

Land is becoming increasingly vulnerable due to disputes, one of which is the double certificate land dispute. Therefore, a wise attitude is needed to manage this land problem so that it is in line with what is mandated in the constitution. It is hoped that the birth of the UUPA will provide legal certainty for all people. Research problems: (1) What factors cause the issuance of multiple land certificates? (2) How are legal disputes resolved in cases of multiple land certificates? This research uses a normative juridical approach, the research specifications used are analytical descriptive and the data sources used are primary data and secondary data through literature and field studies. Analyze and process data using qualitative analysis.
Penyalahgunaan Wewenang Oleh Kreditur (Rentenir) Karena Tidak Dapat Membyar Hutang Putri, Karina Marchiananda; Sarono, 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.v5i2.3696

Abstract

This study relates to the lending and borrowing system to meet daily needs. Many people think that the credit process at banks takes a long time, so those who need money quickly will lend the money to parties who apply quickly using ID cards. Loan sharking is an act carried out by lending money in a very fast process but the interest offered is much greater than bank interest if the installments exceed the due date that must be paid. Research specifications that use analytical descriptives are intended to provide data that is as precise as possible about people, conditions or other phenomena. The approach method used is normative juridical. This study discusses: First, the implementation of the work system carried out by loan sharks in lending credit. Second, the legal consequences implemented if the customer has returned the debt but there is still interest to be paid. The results of this research show that firstly, a debtor who borrows money from a moneylender (creditor) if the deferred time has passed, then the collateral promised by both parties will inevitably be confiscated dishonorably due to the delay in payment of the debt to the moneylender. . Second, the practice of loan sharking is an illegal act that has not been regulated expressly in the laws and regulations, where this agreement arises from the practice of loan sharking which has violated the objectives contained in Article 1320 point 4, namely that it must be based on a cause that is not prohibited.
Kepastian Hukum Terhadap Perjanjian Pembiayaan Didahului SKMHT Tanpa APHT Victoria Damanik, Jessica Bintang; 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.v5i2.3697

Abstract

Ownership of land rights is an interest for Indonesian that is used for various purposes, one of which is as collateral in a financing agreement. The advantage of being a collateral object is to have a stable value and tend to increase. The purpose of this study is to analyze the legal protection of creditors who experience problems when knowing debtor defaults and their position of creditors who only have SKMHT without APHT due to notary negligence. This research method is qualitative with a normative juridical research type. The results of the research are protection for SKMHT holders enforced despite the negligence of the Notary/PPAT. In addition, the recommendation that the PPAT/Notary should have SKMHT management to avoid legal problems when debtor defaults.
Kepentingan Umum Dalam Asas Oportunitas Pada Sistem Peradilan Pidana Badaru, Baharuddin
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.v5i2.3715

Abstract

This study aims to examine and analyze the criteria of public interest in the opportunity principle in the criminal justice system. This study uses a normative legal method approach by applying a statutory perspective, especially referring to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, the Criminal Procedure Code (KUHAP), and involving legal theory and the views of legal experts as sources of supporting material, both in the form of secondary, primary, and tertiary law. Through this research, the authors succeeded in obtaining solutions to the challenges that arose in line with the development of the opportunity principle which has undergone many changes. This change is clearly reflected in the context of the Law on the Attorney General's Office which rules out cases based on considerations of the public interest within the framework of the opportunity principle in the criminal justice system. This change can be seen from the beginning of Article 8 of Law Number 15 of 1961 up to Article 35 letter c of Law Number 16 of 2004 which relates to the Attorney General of the Republic of Indonesia. The criteria for the public interest in the opportunity principle include the interests of the state, the interests of society and personal interests. However, the interpretation of these criteria still does not provide concrete explanations and measurements, so as to produce different understandings among different groups. The ambiguity in these regulations indicates the need for regulations contained in a law to be formed by involving relevant parties who have a deep understanding of the opportunity principle. In this way, it is hoped that the process of forming regulations will include collaboration with experts and legal practitioners who have in-depth knowledge of the opportunity principle. This will help ensure that the resulting regulations are more concrete, clear, and can be interpreted consistently by various parties involved in the criminal justice system.
Analisis Pengaruh Kesejahteraan Ekonomi Terhadap Pernikahan Dini di Indonesia Tahun 2021 Ferdiana, Rezi; Bachtiar, Nasri; Ariyanto, Edi
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.v5i2.3746

Abstract

Child marriage at an early age has negative impacts, especially for women, including significant impacts on reproductive health and the economy. Based on data from the Ministry of Religion (Kemenag) for 2021, there are around 2.4 million annually in Indonesia. This study uses the theory of Family Economic Welfare with 8 variables. The data used in this study is data sourced from the results of the March 2021 National Socioeconomic Survey (SUSENAS) using the STATA 12 and SPSS 25 data analysis methods. This study uses logistic regression on 659,261 respondents from all over Indonesia, among whom are categorized as prosperous and 71,701 respondents as not prosperous, based on each respondent's monthly income compared to the national poverty line. The results of this study explain that there is a significant influence between the variables of early marriage, area of residence, number of household members, gender, school participation, last education, home ownership, and sources of information that have a significant influence on welfare. Partially, early marriage has a significant influence on welfare. So, accepting H1 or the independent variable (early marriage) in this logistic regression model partially or individually significantly influences the dependent variable (welfare). Partially, economic welfare has a significant influence on early marriage. This is indicated by the p-value of the early marriage variable, which is 0.000, which is less than 0.05. Low early marriage requires extreme efforts from the human self and interaction with the environment and government support, so collaboration between community groups and the government is needed.
Analisis Hukum Proses Pergantian Antar Waktu (PAW) Anggota DPRD Kabupaten Empat Lawang Terkait Pelanggaran AD/ART Partai Politik Reza, Mehmed; Salia, Erli; Saptawan, Ardiyan; 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.v5i2.3770

Abstract

The purpose of this paper is that Time Between Time Switching (PAW) is a mechanism in the representative system to replace board members who resign, die, or are dismissed. This research focuses on legal analysis of the PAW process of members of the Four Lawang Regency DPRD who are involved in violations of the Articles of Association / Bylaws (AD / ART) of political parties. The method used is normative legal research with a statutory and case approach. The results showed that the PAW process due to violations of political parties' AD/ART refers to applicable regulations but often causes controversy. This is due to the vagueness of the definition of "violation" in AD/ART and how it is enforced. In addition, the internal political dynamics of parties and the interests of various parties often influence the PAW process, which is supposed to be neutral and objective. In conclusion, there needs to be further revision and clarification regarding the definition of violations in AD/ART as well as a firmer and more transparent law enforcement mechanism to ensure the integrity and accountability of members of the Four Lawang Regency DPRD.
Analisis Perbuatan Melawan Hukum Terhadap Obyek Sengketa Tanah Yang Dikuasai Orang Lain (Studi Putusan Nomor : 2490 K/Pdt/2015) Septesha, Widya Ade; 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.v5i2.3785

Abstract

This research aims to find out what the status of land ownership is according to the Basic Agrarian Law and how land disputes resulting from unlawful acts are resolved in terms of UUPA No. 5 of 1960, which using normative legal research methods concluded that: 1. Land ownership status is an important thing , because it concerns someone's ownership, we all know that land ownership is an important thing in human life, where we live on land, so land ownership status is really needed by everyone. Ownership of a certificate is evidence that has clear legal force. The Basic Agrarian Law is the basic rule that regulates land in Indonesia. With the development of the times, new rules have been born, either contained in law or government regulations, which have been designed in such a way as to meet needs and have succeeded in perfecting the rules regarding land ownership status. which can be carried out by the Indonesian people. 2. Regarding dispute resolution, it does not have to be resolved in court, but rather deliberation or family or local government to resolve the dispute so that it does not end up in court and becomes a big problem. A dispute occurs, causing many parties to take legal action, even though there is another way, namely by deliberation to reach a consensus, which fails, so they usually take the matter to the sub-district or to the land office, in this case to the village or the head of the Land Office who helps resolve it. In this case they only act as mediators or are often called mediators.

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