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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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Pertanggungjawaban Hukum Atas Kehilangan Barang Pengguna Jasa di PT. Pos Indonesia (Persero) Kecamatan Sirah Pulau Padang dan Kota Kayuagung Putri, Tresyah Meyrinda; Emirzon, Joni; 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.v5i2.3958

Abstract

The purpose of this article is to understand and analyze the legal liability of PT. Pos Indonesia (Persero) Sirah Pulau Padang District and Kayuagung City regarding loss of goods of service users. normative legal research, which focuses on the analysis of applicable legal theories and regulations. The research method used is empirical juridical with primary and secondary data sources. The research results showed that there were several cases of lost goods at PT. Pos Indonesia area. PT. Pos Indonesia, based on its internal regulations and policies, has an obligation to provide compensation to service users in the event of loss of goods. However, the compensation claim process often experiences obstacles and often causes customer dissatisfaction. The recommendation from this research is the need to improve the compensation claim mechanism and increase the quality of service so that public trust in PT. Pos Indonesia can be maintained.
Perspektif Hukum Terhadap Kasus Hak Kekayaan Intelektual dalam Bisnis Teknologi Ditinjau Menurut UU Nomor 16 Tahun 2016 tentang Informasi dan Transaksi Elektronik Eka Sari, Nandita Cahya; Alamanda, Asri Elies
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.v5i2.3990

Abstract

This research explores the legal perspective on intellectual property rights (IPR) cases in technology businesses with a focus on the provisions of Article 25 of the Information and Electronic Transactions Law (UU ITE). Article 25 of the ITE Law is the central point in regulating IPR protection in the digital business world in Indonesia. In this context, this research investigates the implementation and impact of Article 25 of the ITE Law on cases of intellectual property rights violations in the era of digital technology. This research uses qualitative descriptive research. This research methodology involves legislative analysis and case studies to identify challenges and opportunities faced by intellectual property rights holders and technology business actors. Using a normative and descriptive legal approach, this research analyzes whether Article 25 of the ITE Law provides adequate protection for intellectual property rights and the extent to which its implementation provides legal certainty for business actors. The research results show that Article 25 of the ITE Law provides a sufficient legal basis for protecting intellectual property rights in technology businesses. However, challenges related to the interpretation and enforcement of Article 25, especially in cases of IPR violations, remain an issue that requires serious attention from policy makers and legal practitioners. This research provides recommendations for improvements and clarifications in the implementation of Article 25 of the ITE Law, as well as the need to increase legal awareness among technology business players to ensure optimal protection of intellectual property rights in this digital era
Does Halal Tourism Matter? A Study About Implementation of Sharia-based Hotel in Bandung, West Java, Indonesia Syara, Ajeung Syilva; Fauzan, Tribowo Rachmat
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.v5i2.3992

Abstract

Background. Halal tourism is a significant concern in Indonesia, where most people are Muslim. One of the halal tourism industry sectors that has emerged in society is the existence of Sharia-based hotels. Sharia hotels are hotels whose management is in accordance with Sharia principles. However, only a few hotels in Bandung use Sharia principles because there are no standard regulations for halal tourism. Purpose. The purpose of this research is to understand the juridical regulations regarding the sharia-principle hotel industry and to understand the level of public awareness and compliance in utilizing services in the Sharia hotel industry in the city of Bandung. The research methodology used is normative juridical, using empirical juridical research of a qualitative nature, using empirical normative legal research methods. The Sharia hotel industry is still implementing the Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning Guidelines for the Implementation of Sharia Hotel Business; there is a legal vacuum here because juridically, the rules and regulations regarding Sharia hotels have not been made or do not yet exist. Conclusions is the hotel with a Sharia concept is a good intention from the stakeholders of the Sharia economy. In Bandung, there are several Sharia hotels that have not been certified but have implemented Sharia principles in their management, so these hotels have carried out independent assessments, so they are permissible as long as they do not conflict with Islamic values as empirical evidence of the theory of legal personality
Pengawasan Hukum Platform E-Commerce Tiktok dan UMKM oleh KPPU Berdasarkan UU Nomor 5 Tahun 1999 Andani, Debby Kusuma; Indarta, Didiek Wahju
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.v5i2.4003

Abstract

E-commerce platforms in recent years have increased specifically, with the existence of e-commerce making an activity that has good prospects in the world of trade. Therefore, the existence of a platform used as e-commerce has an impact on MSME players, especially in the small business sectors in the market. KPPU as an institution has its duties and authorities in supervising this matter. The purpose of this study is to determine the Role and Effectiveness of KPPU in Supervising Tiktok and MSME E-commerce Platforms Based on Law Number 5 of 1999. This research uses the Normative Method by taking a statutory approach (statutes approach) to examine legal supervision of KPPU based on Law Number 5 of 1999, and also using the Concept Approach (Concep approuch) aims to provide linkage to the concept of business competition in Law Number 5 of 1999. KPPU plays an important role as a State institution given its duties and authorities. As the controller of power and position as laws and regulations related to unfair business competition and independent institutions, Related to the case of Tiktok merging its application into e-commerce, the new policy through the Minister of Trade Regulation Number 31 of 2023 which is an amendment to the Minister of Trade Regulation Number 50 of 2020 concerning Provisions for Business Licensing, Advertising, Coaching, and Supervision of Business Actors in Trade through the electronic system, It's official to close Tiktokshop and separate the application, it's just that those who get permission are social media but e-commerce. For this action, KPPU as the supervisor of business competition has not received a report related to allegations of Monopoly Practices and Unfair Business Competition.
Jual Beli dengan Konsep All You Can Eat dalam Pandangan Tokoh Dewan Syariah Nasional-Majelis Ulama Indonesia (DSN-MUI) Febriana, Nina Indah; Nurfieni, Amrin
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.v5i2.4007

Abstract

The development of the buying and selling transaction model is inevitable, so studies in the perspective of islamic law need to continually conducted to ensure that the buying and selling transactions of society do not violate the provisions of the shari’a. buyying and selling food with the concept of “all you can eat” need to be studied because it contains provisions that are different from the concept of buying and selling food in general. The purpose of this study is to find out how the opinions of DSN MUI figures about buying and selling food with the concept of “all you can eat”. The results of this study present the views of several DSN-MUI figures regarding the practice of buying and selling with the concept of all you can eat. The provision of fines and limits on eating at all you can eat restaurants by the characters in this study is stated to be permissible with their various points of view. While the indication of gharar by some figures is stated as “gharar yasir”, and some state that the existence of gharar in buying and selling is not allowed.
Peran Lembaga Pemasyarakatan Dalam Upaya Rehabilitasi Narapidana Untuk Mengurangi Tingkat Residivis Mufti, Erlangga Alif; Riyanto, Ontran Sumantri
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.v5i2.4026

Abstract

Correctional Institutions (Lapas) have a role not only as places of sanctions implementation, but also as spaces for transformation aimed at reducing the potential for recurring criminal activities, commonly known as recidivism. The research methodology employed is a juridical-sociological approach, which combines legal analysis and social aspects to elucidate the role of Lapas in the reformation of prisoners. This research delves into the legal foundation governing the responsibilities of Lapas and also analyzes regulations related to prisoner rehabilitation. The findings of the research indicate that Correctional Institutions (Lapas) play a central role in the rehabilitation process of prisoners, including the formulation of rehabilitation programs, education, skills training, and psychosocial approaches. The rehabilitation efforts undertaken by Lapas aid prisoners in skill development, behavioral transformation, and preparation for successful social reintegration. Despite encountering obstacles, Lapas has legal foundations and social practices that support the objectives of implementing prisoner rehabilitation. The challenges confronted by Lapas in conducting rehabilitation, such as limited facilities and social challenges, underscore the importance of synergy between legal and social aspects in comprehending the role of Lapas in addressing the recurring challenges of crime rates through prisoner rehabilitation efforts.
Pertanggungjawaban Notaris Pengganti Terhadap Kesalahan Yang Dibuat Dalam Pembuatan Akta Hafizha, Tsaniya; Aminah, Aminah
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.v5i2.4049

Abstract

Drafting legal documents is a crucial responsibility of a notary, who is accountable for the authenticity and accuracy of the legal documents they produce. However, in practice, errors or inaccuracies may occasionally occur in the drafting of legal documents, which can have serious consequences in legal agreements involving relevant parties. This journal aims to delve deeper into the accountability of substitute notaries in the context of errors that occur during the process of making deeds. This research considers the legal, ethical, and professional aspects inherent to the notary profession. The methodology employed includes literature and library research, utilizing normative legal research. The research findings elaborate on the responsibilities of substitute notaries in identifying, rectifying, and preventing errors in deed creation. Furthermore, this journal also discusses the role of notary institutions in supervising and regulating the substitute notary profession to ensure compliance with high ethical and legal standards, along with the consequences in case of errors in deed creation. This research provides essential insights for legal practitioners, notaries, and other relevant parties regarding the actions to be taken when dealing with errors in document drafting and the efforts that can be made to prevent them. Additionally, this journal contributes to the discourse on the need for improvements in the supervision and regulation of the notary profession to enhance the quality of legal services provided to the public. This research highlights the significant implications of enhancing accountability and preventing errors in deed creation among substitute notaries, aligning them with legal and ethical standards.
Tanggung Jawab Wali Amanat Kepada Pemegang Obligasi Dalam Hal Wali Amanat Melakukan Kelalaian Terhadap Kontrak Perwaliamanatan Pangihutan, Kaiji Natanael; Abubakar, Lastuti; Rahmawati, Ema
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.v5i2.4059

Abstract

The trustee is the party responsible for assisting the implementation of bond issuance and transactions in the capital market. In the implementation of bond issuance, the role of the trustee is crucial in creating legal protection for bondholders. The purpose of this study is to clearly understand the duties and responsibilities of the trustee towards bondholders as well as the legal protection rights possessed by bondholders if the trustee commits acts of negligence under capital market law. The results showed that the trustee must make compensation as a form of legal protection to bondholders in accordance with the regulations contained in the laws and regulations in the field of capital market and bondholders who feel aggrieved can ask the trustee for compensation by means of consensus deliberation or dispute resolution at an alternative dispute resolution institution established by the Service Authority Finance (OJK). Bondholders can also prove to court because the losses suffered are the result of the negligence of the trustee who represents them in a bond issuance process.
Analisis Mengenai Keabsahan Akta Otentik Yang Dibuat Tidak Berdasarkan Kehendak Pihak Didalamnya (Studi Putusan No.621/Pdt.G/2019/PN.Sgr) Kuntadi, Arnaz Adiguna; Dianti, Flora
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.v5i2.4071

Abstract

This research aims to determine the role of notary on creating Deed of Binding Sale and Purchase Agreement (PPJB) dan power of attorney to sell, it also analyze the validity of deeds that are made not based on the will of the party involved. This research uses the approach of case study and library research, which involves examining and colleting sources from journals, books and internet. The results of this research indicate that notary play an important role in creating authentic deeds, among the things that a notary must do is to provide legal counseling and act faithfully, honestly, diligently, independently, impartially, and to protect the interest of the parties involed, which stated on Article 15 Paragraph (2) letter (e) and Article 16 Paragraph (1) letter (a) of Law Number 2 Year 2014 concerning Amandments of Law Number 30 Year 2004 concerning Notary Position. The conclusion is that a deed that are made not based on the will of the parties, contain an elements of circumstances abuse (misbruik van omstandigheden), doesn’t meet the requirements as stated in Article 1320 and Article 1338 of the Civil Code can be invalidated in the court if it is proven to contain unlawful act.
Environmental Law with Sustainable Principles in Waste Bank Management in Sukoharjo Regency Febriyanti, Nabila; Subekti, Rahayu; Ulfatun Najicha, Fatma
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4174

Abstract

The author's aim in researching waste banks is to provide an understanding of waste management with a new paradigm in waste management, namely waste banks. Based on Law Number 18 of 2008, the use new paradigm of collect-transport-dispose in the Minister of Environment and Forestry Regulation Number 14 of 2021, namely with the issuance of a circular. This research was carried out using the legal research method. This type of empirical legal research is descriptive in nature, explaining what happened in Sukoharjo Regency and analyzed qualitatively. Results from several literature and interviews with the existence of waste bank regulations, local governments carry out and implement them. Sukoharjo Regency has the role of the environmental service in carrying out environmental management, especially waste management. However, there are areas where not all of them have active waste banks, so this research is interesting to examine waste banks in realizing the legal principles of a sustainable environment in Sukoharjo Regency. The research results show that the implementation of waste banks in Sukoharjo Regency must be further optimized to achieve environmental law objectives with the principle of sustainability and waste banks as a circular economy.

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