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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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The Role of The Fisheries Court in The Settlement f Illegal Fishing Disputes in Indonesia Wiharja, Mahegi Ashardani Warna Adhi; M.S, Edith Ratna
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.v6i1.4763

Abstract

The practice of illegal fishing or fish theft in Indonesian waters is still ongoing until now. These problems result in many parties being harmed, so it is very necessary to enforce the law that regulates these acts. The purpose of this study is to analyze the position of the fisheries court as a special court and how the fisheries court solves illegal fishing problems related to fishing without being equipped with documents or permits. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The result of this study is that the fisheries court in its position has the authority to examine, adjudicate, and decide on criminal acts in the fisheries sector as a special court within the general judicial environment. As for why the fisheries court is a special court because the judges are not pure, there are judges who are in control of the fisheries sector. As well as the existence of foreign vessels that commit fish theft without being equipped with documents or permits, they will be given sanctions and criminal penalties in accordance with Law Number 45 of 2009 which was previously revised from Law Number 31 of 2004. The punishment given to illegal fishing perpetrators can be in the form of imprisonment, fines, and revocation of rights. Illegal fishing perpetrators must receive rewards by being subject to large fines for committing violations.
The Role of the Investment Alert Task Force as a Form of Consumer Protection Against Fraudulent Investments Pakpahan, Elvira Fitriyani; Hulu, Angellina Livonaria; Purba, Emmerita; Siregar, Jenni Yustina
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.v6i1.4770

Abstract

This research delves into the function of the task force in bringing attention to questionable investments via consumer protection measures, particularly in cases when several individuals fall prey to fraud resulting from these questionable investments. The major foundation for integrating and improving law enforcement in the consumer protection sector is Law No. 8 of 1999 regulating consumer protection, which regulates consumer protection. The normative juridical approach, based on deductive inquiry that begins with the examination of legislative items, is the basis of this investigation. The foundational law for Indonesian investment rules is Law no. 25 of 2007, which addresses capital investment. The notion of "full disclosure" is one way that Law no. 8/1995 protects investors from potential harm. Other measures include harsh penalties for administrative infractions, criminal and civil litigation, illegal conduct, and defaults, as well as administrative penalties. Therefore, the government should be stricter in collecting public and consumer money for company licences, and the disadvantaged should take a more active role in selecting their financial investments to avoid falling victim to illicit ones.
Resolving Bad Credit for Blacklisted MSMEs at PT Bank Rakyat Indonesia Gondosari Kudus Unit Wulandari, Miladianur; Mahmudah, Siti
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.v6i1.4869

Abstract

Many credit capital is used as a way to develop a business or start a business. However, there are quite a few that can save credit from various problems. So there needs to be a solutionconcrete way to overcome the problem of blacklisted bad credit. The main problem of this research is about the policy of the Bank Rakyat Indonesia Gondosari Kudus Unit in resolving bad credit for blacklisted MSMEs and how to implement the policy for resolving bad credit for blacklisted MSMEs. This research uses empirical juridical methods. This study aims to determinepImplementation of policies for resolving bad credit for MSMEs that are blacklisted and how the policy of the Indonesian People's Bank, Gondosari Kudus Unit regarding resolving bad loans of blacklisted MSME debtors.Resolving blacklisted bad credit can be done by submitting a credit agreement restructuring application. Furthermore, settlement can also be done through the Bank Indonesia Dispute Resolution Agency. The last is settlement through court. Settlement through court is the stage of resolving bad credit which is carried out through legal channels.
Analysis of Cybercrime Potential in E-Commerce Buying and Selling Transactions Elisanti, Evi; Khaerudin, Ariy; Junaidi, Amir; Ardhani Putri, Hanuring Ayu; Muhtarom, Muhammad
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.v6i1.4910

Abstract

The research aims to analyze the potential for cybercrime in e-commerce buying and selling transactions. The research method used is normative juridical. The type of primary data is interviews and discussions related to e-commerce, and secondary data is library literature. Data collection techniques used literature studies, interviews, observation, and documentation. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly, including minimal knowledge, waste of money, being tempted by fake gifts, high levels of unemployment and poverty, and less strict government security policies. Forms of cybercrime in e-commerce include hacking, identity theft, data breach, phishing, spamming, pharming, pretexting, qui pro quo, and contacting the victim directly. Specific solutions are needed to overcome the cybercrime problem of e-commerce buying and selling, namely Backup, Use of SSL Certificates, Firewall, E-Commerce Security Plugin, Multilayer security, User and Staff Education. The conclusion of this research is that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly so it is very necessary to prevent specific solutions in resolving cybercrime problems in e-commerce buying and selling transactions.
Criminal Law Policy on the Protection of Protected Wildlife Lesmana, Wiyata Yudha; Abduh, Rachmad
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.v6i1.5029

Abstract

Indonesia has biodiversity and ecosystems that are so very important that protection of conservation is needed because there are many crimes against ecosystems and the environment for endangered species. This research raises the issue of the rule of law on protecting protected wildlife in Indonesia and legal efforts in protecting protected wildlife. This study aims to answer the problems that become the issue of research discussion, namely examining criminal law policies in wildlife protection in Indonesia. The method used in this study is normative juridical, which examines the literature on legislation (library research). The study results show that the government's legal regulations, policies, and laws that strengthen the factors aimed at protecting wildlife in Indonesia are very good. However, the lack of public awareness is caused by economic factors or insufficient food needs, resulting in actions prohibited by the government and laws, namely hunting and illegal trade.
A Structural Functionalism Theory Review of the Prohibition of Sara Urang Marriage in Asir-Asir Village Central Aceh Fattah, Al; Arresti, Fatma Tria; Rizki, Fitria Noviatur
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.v6i1.5047

Abstract

The purpose of this paper is to examine further how the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency, and how the structural functionalism theory reviews the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency. The type of research in this paper is empirical legal research using a sociological approach and the data sources used are primary data sources and secondary data sources. This research shows: First, the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar Subdistrict, Central Aceh Regency is based on the tradition of the prohibition of sara urang marriage and its purpose is to avoid social impacts when domestic conflicts occur. So, if you violate the tradition of the prohibition of sara urang marriage, you will be subject to sanctions in the form of parak (seclusion) and also muguleh koro (pay a fine). Second, the prohibition of sara urang marriage as a means of creating order in society is supported by the role of an active and interconnected community structure. This is by the theory of structural functionalism which explains that the relationship between interconnected elements will help to create order in society.
Efforts to Prevent Crime Triggers in Sexual Murder Cases in China Through Public Education, Victim Protection, Perpetrator Rehabilitation, and Law Enforcement Jiahui, Xinyue
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.v6i1.5053

Abstract

This study aims to provide evidence-based recommendations for public education, victim protection, offender rehabilitation, and law enforcement. Adopting a literature review methodology, this research analyzes sexual homicides in China to identify the factors that trigger such crimes and the strategies to prevent them. Through literature searches, document studies, and expert interviews, this study highlights the profiles of perpetrators, who are predominantly males with troubled pasts and often possess antisocial or schizoid personality disorders. Victims are often chosen randomly, with extreme physical and sexual violence used to express dominance. This phenomenon reflects broader social dysfunctions in Chinese society and challenges within the judicial system. The investigation of these cases underscores the need for a multidisciplinary approach to understand and prevent sexual crimes. This work emphasizes the importance of prevention strategies based on criminological theories such as Power and Control, Sexual Violence and Aggression, and Criminological Psychopathology to holistically address the issue of sexual homicide.
Space Utilization Control on Cultural Activities in the Coastal Border Area of Rembang Regency Yulianti, Shania Ayu Nur; Mulyaningrum, Edith Ratna
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.v6i1.5098

Abstract

The coastal border region of Rembang regency has many cultivation practices that contradict the intended purpose and designated use of that area. this will threaten the sustainability of the coast either directly or indirectly. This study aims to find out the factors the cause of space utilization in the coastal boundary area that is not in accordance with the established spatial plan, the obstacles faced and the efforts made by the Regional Government in controlling the coastal border area so that it is suitable for its designation. This study uses a qualitative method with an empirical juridical approach. Primary data sources were obtained through interviews. While secondary data obtained from legislation, books, journals. The results of this study indicate because the increasingly complex needs of the Rembang community are not accompanied by the availability of land. Some of the obstacles faced by local governments in controlling coastal border areas so that they are suitable for their designation are the lack of implementation of the provisions of incentives and disincentives as well as the imposition of administrative sanctions, the establishment of PPNS. The regional government made several efforts, including conducting socialization, conducting site reviews, providing land rights status for permitted activities.
Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective Fadilah, Nurul; Sukiati, Sukiati
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.v6i1.5159

Abstract

Incestor incestuous sexual relations are acts that are prohibited by law, including customary law and Islamic law. The prohibition of incest in the legal context is categorized as a crime that damages the basic social order of society. This study aims to explore how sanctions are applied to incest perpetrators in the context of Mandailing customary law and Islamic criminal law. This research adopts a qualitative approach in its research methodology. Data was collected using interview techniques extracted from sources in the field. This study concludes that the legal sanction for perpetrators of incest according to Mandailing customary law is by expelling the perpetrator of the crime of incest from his village. According to Islamic criminal law, the sanction imposed on married perpetrators of incest crimes is the death penalty, and unmarried perpetrators are punished by flogging and exile. Compared to Islamic law, the sanctions for implementing customary law in Mandailing can be considered lighter. It is hoped that this study will provide an overview of the variations in decision-making regarding the crime of incest under different laws. This study is also expected to contribute to the development of legal discourse in society, especially customary law on the one hand and Islamic legal perspectives on the other.
The Effectiveness of Regional Representative Councils: An Analysis of Checks and Balances and the Protection of Indigenous Peoples Rights Hafiz, Muhammad; Febiani, Reza Ajeng
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Following the reform, the establishment of the House of Regional Representatives (DPD) is a crucial component of the revitalization of the Indonesian constitutional system. This study examines the role of DPD in the bicameral system, as well as the regulations governing its authority in relation to the DPR, particularly in the formation of laws related to regional autonomy and indigenous peoples. The method used is normative legal research with a legislative approach. The results showed that, although DPD has a limited legislative function as stipulated in Article 22D of the 1945 Constitution, its authority has not been balanced with that of the DPR, thus hampering the effectiveness of regional representation. This imbalance has an impact on the weak protection of the aspirations of indigenous peoples, who are often victims of development policies, such as in the case of the eviction of customary land due to the construction of the Archipelago Capital. In this context, DPD should act as a bridge between the region and the central government. However, the absence of clear regulations regarding the form of DPD's accountability makes its position less optimal. Therefore, constitutional strengthening and regulatory reform are necessary to enhance the effectiveness, equality, and capacity of the DPD in representing and legislating, thereby ensuring justice, protecting the rights of indigenous peoples, and promoting equitable national development.

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