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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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Penerapan Kebijakan Pengawasan Obat Tradisional dalam Perspektif Kesehatan Masyaraat Juliana, Juliana; Kurniawan, I Gede 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.v5i2.3794

Abstract

Traditional medicine is one part of Indonesia's rich culture that has been used by the community for a long time. However, issues surrounding the safety and efficacy of traditional medicines often arise as a concern in the public health domain. This research uses qualitative research methods. The data collection technique was carried out by literature study and from interviews with traditional medicine users, traditional healthcare practitioners, and health officials. Thus, this can assist researchers in understanding their perceptions, experiences, and viewpoints regarding traditional medicine supervision. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. This is done to ensure that the implementation of legal supervision of traditional medicines is carried out through various stages. The process begins with the granting of production licenses to producers after fulfilling predetermined requirements. After that, the Food and Drug Monitoring Agency (BPOM) is responsible for supervising the production process directly on site. Supervision of the production process is carried out at least once a year. However, if there are violations of either CPOTB (Good Traditional Medicine Manufacturing Practice) or GMP (Good Manufacturing Practice) requirements, the inspection will be more intensive. The inspection is carried out until the manufacturer corrects and improves production activities in accordance with applicable standards.
Perbandingan Pendekatan Restorative Justice dan Sistem Peradilan Konvensional dalam Penanganan Kasus Pidana Flora, Henny Saida
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.v5i2.3812

Abstract

This research aims to compare restorative justice and conventional justice systems in the handling of criminal cases. In this context, it can be understood to comprehend the differences, similarities, and the impact of both approaches in the context of law enforcement and criminal justice. A qualitative approach is employed to gain a deep understanding of the characteristics, similarities, and differences between the two approaches in a practical context. Research data is obtained through in-depth interviews with actors involved in the criminal justice system, such as judges, prosecutors, law enforcement officers, social workers, offenders, and victims. The results of this research depict similarities in the focus on achieving justice and community protection between both approaches. However, fundamental differences emerge in their primary goals, with Restorative Justice emphasizing reconciliation, recovery, and conflict resolution, while the conventional justice system tends to lean more towards punishment as a form of retribution. The Restorative Justice approach assigns a more active role to victims in the process of handling criminal cases, enabling them to speak and participate in the recovery process. Meanwhile, the conventional justice system often follows a formal and adversarial process. This research has significant implications for understanding how both approaches can contribute to achieving fair and effective justice goals. The results of this research can be used as a basis for formulating better policies in handling criminal cases.
Pengaruh Kemiskinan Struktural Terhadap Penegakan Hukum Lira, M. Adnan
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.v5i2.3816

Abstract

The relationship between law and structural poverty requires critical thinking which is of course based on an icon that specifically examines the issue of the reciprocal relationship between law and society (people who are classified as poor), that structural poverty (for Indonesian society) seems to have a very strong influence on legal development (law enforcement) in Indonesia, research using normative juridical. The approaches used to conduct this research are: The statutory regulatory approach (the statute approach) and the legal concept analysis approach (analytical & conceptual approach). The influence of structural poverty on law enforcement in Indonesia can be manifested in poverty of knowledge and understanding of legal norms and/or rules so that it can directly or indirectly influence law enforcement in formal and material terms. Apart from that, their ignorance is also a factor that can influence universal law enforcement (which is based on legal development). As a suggestion in this paper, it is hoped that there will be a more constructive understanding of the relationship pattern between law and structural poverty so that looking at the influence of structural poverty on law enforcement does not lead to different perceptions and instead clouds our understanding of law and structural poverty.
Perlindungan Hukum Terhadap Anak dalam Perceraian Menurut Perspektif Hukum Keluarga Islam Sebriyani, Yeni
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.v5i2.3822

Abstract

The purpose of writing this paper is to examine the concept of legal protection of children in divorce according to the perspective of Islamic family law. By using normative law which is classified as literature research through the collection, evaluation, and analysis of library sources such as books, jurnal, and legislation related to the law of how children divorce according to the perspective of Islamic family law. This study aims to understand child custody, the conditions of nanny, as well as the views of various schools in Islam related to this issue. The results of the analysis are used to construct a narrative about the principles of legal protection of children in divorce according to Islamic Family Law and can have policy implications. The result of this work is a) In Islam, children are considered a gift and have a variety of statuses, with special rights that include income and education. The importance of respecting and protecting the rights of children, including children out of wedlock, are core values in Islamic teachings. b) Protection of children's rights in divorce situations, in particular custody, is an important aspect that emphasizes the need to ensure the welfare of the child and the cooperation of parents to protect those rights.
Penyelenggaraan Pendaftaran Tanah Sistematis Lengkap (PTSL) yang Berkepastian Hukum Alamal Huda, Nur Ayu; Silviana, Ana
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

Abstract

Due to the complexity of land registration regulations, it is difficult to achieve legal certainty regarding PTSL products. Because there are differences in laws and regulations, this is the main teaching. ATR/BPN Ministerial Decree No. Article 6 of 2018 concerning PTSL. Based on the principles of simple, fast, smooth, safe, fair and open, this Ministerial Regulation aims to realize legal certainty and legal protection of community land rights for the benefit of the nation's welfare and prosperity. and to reduce and avoid land conflicts. The inspection is fair and most likely the manufacturer will find out and dissect the valid reasons why the PTSL goods do not have credibility; and realizing the ideal form of PTSL product and legal certainty. This paper utilizes library research to refer to library data in the form of books, scientific journals, statutory regulations and other supporting information related to research interests. The results of the inspection here of PTSL goods do not yet have legal certainty which must be seen from the instructions as the limit of legal certainty. The ideal type of legally enforceable PTSL item is recognized through: (i) encapsulation of rechtcadaster guidelines; (ii) projection of level one and level two PTSL structures; (iii) improving IT technology in the form of database maintenance.
Perlindungan Hukum Debitur Perbangkan Akibat Wanprestasi Perjanjian Kredit Masa Pandemi Aloysia A, Ruth; Prananda, Rahandy Rizki
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.v5i2.3826

Abstract

This study is to determine what kind of efforts are obtained legally against bank customers in bad credit problems during the pandemic and whether execution is a final solution in a bad credit problem, using normative legal research methods, it was concluded that the protection of debtors who have access to credit facilities during the Covid-19 pandemic includes; First, the government issued a policy in the form of Presidential Regulation No. 12 of 2020, which concerns the determination of Corona virus disease in natural disasters nationally in 2019. The spread of natural disasters (Covid-19). Regulation of the Financial Services Authority of the Republic of Indonesia Number 11/POJK.03/2020, . regarding the impact of the national economic stimulus counter cyclical policy on the spread of the corona virus disease in 2019, by itself Law No. 8 of 1999 Consumer legal protection, including debtors, is guaranteed according to the provisions. 2. The bank's actions in assisting the settlement of bad loans during the Covid-19 pandemic have several stages, so legal protection to debtors applies, so banks do not necessarily execute debtors' collateral or guarantees. However, banks provide settlement solutions to bad debtors so that the ability to pay the stuck debtors will slowly return to normal during this pandemic, so that the bad collectibility can become smooth, namely through the Restructuring process.
Pertanggungjawaban Terhadap Perbuatan Melawan Hukum Dalam Pengadaan Ternak Sapi Meria, Fatma; Holijah, Holijah; Tanzil, Mulyadi; 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.v5i2.3831

Abstract

The purpose of the paper is to understand the legal responsibility faced by individuals or entities in the event of unlawful acts in the procurement of cattle. In the cattle procurement industry, there are often practices that are not in accordance with the law, such as falsification of documents, improper feeding, and fraud in transactions. This research method used is a normative juridical approach, this study examines various regulations, regulations, and legal cases relevant to illegal acts in the procurement of cattle. The results of this study show that there is a strict legal framework governing the responsibility of individuals or entities that commit unlawful acts in the procurement of cattle. Business actors are expected to understand and comply with applicable regulations to avoid sanctions and ensure the sustainability of their business in the cattle procurement industry.
Memahami Etika Bisnis Islam dalam Manajemen Keuangan Serta Konsep Konsep Manajemen Keuangan dalam Islam Labaika, Sindi; Adhilla, Fitroh; Riduwan, Riduwan
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.v5i2.3840

Abstract

Ethics is the science that discusses the good and bad actions of human beings as far as the human mind can understand. Ethics in finance talks about financial behavior or activities that are ethically right or wrong. Islamic financial mechanisms run by financial institutions cannot be separated from sharia concepts that regulate product mechanisms and operations. The purpose of this study is to provide an explanation of what are the concepts of finance in Islam. In this research, the type of research we use is qualitative research with a descriptive approach through library research, which is a way of systematically analyzing existing literature such as articles, books, journals and documents related to the research theme and the author uses primary data sources in the form of al-Qur'an and hadith. Islamic financial management in this case the author concludes that in the Islamic treasures, the Qur'an and hadith should be used as the main source in all life activities. Likewise in financial management which is a very sensitive matter in an organization. Similarly, financial management is a very sensitive matter in an organization, especially in educational institutions. Thus, financial management must be organized as much as possible. Maximum financial management does not only depend on how to manage the finances.
Konflik antara Hak Asasi Manusia dan Kepentingan Publik dalam Penegakan Hukum Pidana: Studi Kasus Kontemporer Karisma, Prayoga Teguh; Anggellina, Yunita Putri
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.v5i2.3857

Abstract

Criminal law enforcement is a field that often faces complex challenges in balancing individual human rights with the broader public interest. This study examines in depth the comparison between human rights principles and the need to maintain public order in the context of criminal law enforcement. The author illustrates this conflict through contemporary criminal law case studies that reflect real-world situations. The research method used in this research is a descriptive qualitative method. Data collection techniques use content analysis techniques. The results of this research particularly highlight the ongoing tension between the protection of individual rights guaranteed by law and the urgent need to maintain social order required by society as a whole. By exploring this concept, this research contributes to a deeper understanding of how criminal law enforcement impacts human rights in the complex context of the modern world.
Urgensi Peningkatan Peran Notaris Melalui Implementasi Konsep Cyber Notary dalam Pembuatan Akta di Era Cyber Society 5.0 Anggraeni, Dini; 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.v5i2.3870

Abstract

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal system, namely civil law and legal reasons that prevent them from being applied.

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