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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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Juridical Analysis of Responsibility of Importers of Used Goods Prohibited from Importing to Buyers of Used Goods Pramono, Inez Putri; Hendrawan, Daniel
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.v5i2.3877

Abstract

The rise in buying and selling of imported second-hand clothing is caused by the government's lack of firmness in imposing sanctions on businesses importing second-hand goods. The purpose of this research is to determine the responsibility of importers which must be followed up by the government and not harm consumers in a normative legal manner. The government should follow up on import activities of used goods which are prohibited according to law by imposing sanctions on importers, including sanctions that apply in Law No. 8 of 1999 and Law No. 7 of 2014.
Pengaruh Pembiayaan Murabahah dan Financing to Debt Ratio terhadap Profitabilitas yang dimoderasi oleh Non Performing Financing pada BTPN Syariah Febrilyantri, Candra; Amah, Nik; Rizal, Fitra
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.v5i2.3885

Abstract

Murabahah financing is the most preferred financing option among customers due to its low risk and its versatility for working capital, consumption, or investment purposes. However, there is a phenomenon observed in BTPN Shariah where the increase in Murabahah financing is not accompanied by a rise in profits. Furthermore, the lack of profit increase is suspected to be due to the low Financing to Debt Ratio (FDR). This research aims to understand how Murabahah financing and FDR influence the profitability of Islamic banks, with Non-Performing Financing (NPF) acting as a moderator. The research sample includes quarterly reports from BTPN Shariah for the period 2015-2022, using purposive sampling techniques. The study utilizes SPSS 25 for analysis, including multiple linear regression,and Moderating Regression Analysis (MRA). The test results indicate that Murabahah financing, when considered individually, has an impact on profitability, whereas the Financing to Debt Ratio does not affect profitability. When both Murabahah financing and FDR are considered together, they collectively influence profitability with a percentage of 71.2% before moderation by NPF. The MRA results suggest that Non-Performing Financing is unable to moderate the impact of the two independent variables, namely Murabahah financing and FDR, on profitability.
Pengelolaan Zakat Melalui Program Rombong Berkah di Dompet Al-Qur’an Indonesia (Tinjauan Undang-Undang Nomor 23 Tahun 2011) Nusroh, Alfi Chumidafin; Hermawan, Rudi
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.v5i2.3888

Abstract

Zakat is one of the obligations in religion that can be imposed on its followers, so that it can be distributed evenly, fairly and efficiently. The distribution and utilization of productive zakat in the Indonesian Al-Qur'an Wallet (DQ) Sidoarjo is channeled through economic empowerment programs, one of which is through this blessing group. This research uses qualitative research, namely field research. In this research, the approach used is normative empirical, the researcher goes directly to see the actual conditions in the field, then identifies the application of normative law. Data collection was obtained from primary sources in the form of interviews with Dompet Al-Qur'an Indonesia (DQ) Sidoarjo and direct location observations, while secondary sources such as books, journals and documents related to rombong bekah. The research findings show that observations of Law Number 23 of 2011 concerning Management of the Sidoarjo Indonesian Al-Qur'an Wallet Zakat (DQ) in optimizing the management practices of the rombong blessing zakat program have carried out several stages, namely submission, assessment, decision making, mentoring and evaluation. However, this practice is still not effective in increasing the income, standard of living and welfare of the people of Sidoarjo as stated in article 3 (b) of Law Number 23 of 2011 concerning Zakat Management.
Perjudian Dalam Sudut Pandang Hukum Perdata Sagala, Fariz Eben Ezel; 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.v5i2.3889

Abstract

A person certainly has bad traits, one of the bad traits is that in the case of gambling, psychologically he is more afraid of the reality that will be faced when dealing with the police than of the punishment that will be imposed by the judge if he is caught in the act. Gambling according to Islamic law does not receive heavy sanctions such as intentional murder or adultery. Although gambling is still a sin for the perpetrators. The aim of this research is to compare the criminal provisions for gambling perpetrators in terms of positive Indonesian criminal law with Islamic criminal law. This research method is normative legal research, namely conducting a study of literature related to the research object. The criminal provisions for gambling players viewed from the positive criminal law aspect are that the criminal threat for online gambling players is heavier when compared to conventional gambling players. The criminal provisions for gambling perpetrators viewed from the aspect of Islamic law are that there are great sins and several benefits for humans, but the sins are greater than the benefits. At this time, everyone has the potential to gamble online. Thus, a special approach is needed from a religious perspective to prevent these unlawful acts
The Role of Indonesian Legal Politics in the Development of the Indonesian Criminal Law System Based on the Fourth Principle Asy'asri, Moh Hasyim; Ramalus, Alex; Syam, Fauzi
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.v5i2.3894

Abstract

The source of Indonesian criminal law comes from the Criminal Code (KUHP) whose formation is carried out by political institutions based on the aspirations of the people in accordance with the fourth principle of Pancasila or in other words, the formation of criminal law is inseparable from legal politics. This research is important to study with the aim of knowing the role of legal politics in the formation of the Indonesian criminal law system based on the fourth precept of Pancasila. The research method used is normative juridical research method using statutory approach, case approach, comparative approach, conceptual approach. The results of this study show that legal politics is the basic policy of state administrators in the field of law that will, is and has been in effect, which originates from the values prevailing in society. Legal politics cannot be separated from the formation of the Indonesian criminal law system, because the formation of criminal law is carried out by the legislative body that represents the aspirations of the community. The role of legal politics in the enforcement of the criminal law system in Indonesia is to realize the objectives of the law, namely providing justice, certainty, and expediency.
The Role of Legal Politics in the Formulation of Law No. 1 Year 2023 on the Criminal Code G, Angga A; Utomo, Budi; Syam, Fauzi
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.v5i2.3895

Abstract

The Criminal Code is an important legal instrument in building the criminal justice system in Indonesia. In accordance with the times, the government enacted Law No. 1 of 2023 on the Criminal Code (National Criminal Code) as a replacement for the old Criminal Code (Law No. 1 of 1946). In the formation of Law No. 1 of 2023, there is a role of legal politics in order to create regulations that are in accordance with the conditions of the Indonesian nation. This study aims to determine the role of legal politics in the formation of Law No. 1 of 2023. The research method used in this research is normative juridical research method using statutory approach, case approach, comparative approach, conceptual approach. The results of this study show that legal politics plays an important role in the formation of Law No. 1 of 2023, where legal politics plays a role in determining the direction of policies regulated in the National Criminal Code relating to recodification of criminal law, democratization of criminal law, consolidation of criminal law, and adaptation/harmonization to changes in the punishment system.
Pergulatan Internasionalisasi Konsep Hak Asasi Manusia Proses Globalisasi dan Implikasinya Terhadap Penegakan Hukum di Indonesia: Menciptakan Konsep Hak Asasi Manusia Elusif? Susanti, Liana Endah; Gumbira, Seno Wibowo
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.v5i2.3926

Abstract

This article discusses the elusive development of the concept of Human Rights in Indonesia, as evident through the frequent emergence of anarchic actions carried out under the banner of Human Rights. The primary issues addressed are why the substance of constitutional law and Human Rights is considered elusive, and how to categorize actions that manifest an elusive aspect of Human Rights. In order to elucidate this phenomenon, the author employs a normative juridical approach and draws upon various secondary sources from relevant literature. It is hoped that this study can shed light on the social climate in Indonesia. There are several factors influencing the elusiveness of constitutional substance and Human Rights. One of the most prominent factors is the performance of law enforcement influenced by system, structure, substance, and culture. Additionally, an excessive sentiment in legal violations, cultural and social differences conflicting with the nation's ideology, social behaviors driven by socio-political issues, and a lack of understanding of Human Rights and constitutional substance all contribute to this complexity. This article aims to delineate these issues and provide a clearer insight into the challenges faced in upholding Human Rights in Indonesia.
Pelaksanaan Pembatalan Sertifikat Hak Atas Tanah Karena Cacat Administrasi dan Putusan Pengadilan di Kabupaten Lombok Timur Yuliana, Yuliana
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.v5i2.3927

Abstract

Efforts to guarantee legal certainty and land legality apart from publish land certificates, also can be done by canceling land ownership certificates. In practice, it was found that a lot of land in East Lombok Reegency was still under disputed status. The discovery of administrative defects due to human error is efidence of non-compliance with the principle of land registration. This study aims to analyze the mechanism for cancellation of land ownership certificates due to administrative defects and court decisions at the National Land Agency Office in East Lombok Regency. Researchers apply normative juridical techniques with statutory approach. National Land Agency (BPN) has the authority to issue and cancel land rights in a concrete and final manner which causes legal consequences for both individual and legal entities. When a land title certificate is published, there is a possibility of administrative defects, and it can be canceled by a court decision as a party with permanent legal force. Conflict resolution disputes land in East Lombok Regency through legal measures has advantages and also disadvantages compared to negotiation and also mediation. Legal measures for disputes land in East Lombok can be used as an alternative conflict resolution involving indigenous peoples in order to maintain national security.
Relevansi Investasi Tabungan Emas dalam Perspektif Fikih Klasik dan Fikih Kontemporer Nadhriati, Melfi; Suparmin, Sudirman
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.v5i2.3937

Abstract

There are differences of opinion between previous (classical) and current (contemporary) scholars regarding the permissibility of storing gold. Because of these differences, in-depth study or research is needed regarding investing in gold savings, which in this case is focused on one of the financial institutions providing gold savings facilities, namely Bank Syariah Indonesia. This research aims to determine the perspective of classical and contemporary Fikih regarding the relevance of investing in gold savings, the cause of differences of opinion among them, and find the strongest perspective after the Munaqasyah Adillah was held. The research method that the author uses is a normative-empirical type of research with a comparative approach and legal sociology. From the study conducted by the author, the classical Fikih perspective says that it is not permissible to carry out gold buying and selling transactions non-cash or delayed because the illat between gold and money is the same, namely tsamaniyah (price/means of payment). Meanwhile, according to contemporary jurisprudence, carrying out non-cash or deferred gold buying and selling transactions is permitted, provided that the gold is not a legal medium of exchange at that time but is in the form of goods (sil'ah). Even though some opinions allow non-cash gold buying and selling transactions, we should stick to the opinion of Salaf scholars.
Hak-Hak Penyandang Disabilitas dalam Proses Penyebarluasan dan Partisipasi Masyarakat dalam Pembentukan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Violetta, Cicilia Alda; Susetyo, Heru
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.v5i2.3957

Abstract

The dissemination and public participation process should be evenly distributed to every community group, including groups of Persons with Disabilities. It is because groups or organizations of persons with disabilities have never been considered and involved by the Government and the House of Representatives since the beginning of the draft of the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (Job Creation Law) discussion. The substance of the law is very relevant and will impact persons with disabilities. The non-participatory process of drafting the Job Creation Law stems from a non-transparent process characterized by the difficulty for the public to access documents related to the discussion of the law. The lack of public involvement, mainly of persons with disabilities, has also been the criticism target in forming this law. This research method is doctrinal. The results show that the rights of persons with disabilities in the process of dissemination and public participation have been regulated in the CRPD, this is also related to Meaningful participation, which should have been given by the government and the state to all people equally so that their aspirations can be expressed, but the fact does not reflect this, as the Job Creation Law which seems hasty and lack of public participation. Therefore, understanding the meaning of principles and implementing the applicable legal norms is needed to realize meaningful participation.

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