cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nafi'ah
Contact Email
Nafiah490@gmail.com
Phone
+6285735682845
Journal Mail Official
jurnalalmanhaj.insuri@gmail.com
Editorial Address
Jl. Batoro Katong, No. 32, Ponorogo, Jawa Timur, Indonesia
Location
Kab. ponorogo,
Jawa timur
INDONESIA
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
 74   75   76   77   78 
An Examination of Shura Principles in the National Legislation System Lubis, Rahmad; Nugraha, Iqbal Subhan; Mutakin, Ali; Nuranisah, Nuranisah; Sulaiman, Heri
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

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.
Restorative Justice in the KUHP and Protection of Sexual Violence Victims Jovansyah Mulya Cipta Wibawa; Rangga Jayanuarto; Sinung Mufti Hangabei; Hendi Sastra Putra
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 | DOI: 10.37680/almanhaj.v7i1.7704

Abstract

The revision of Indonesia's Criminal Code (KUHP) introduces restorative justice as a mandatory consideration in sentencing, requiring judges to evaluate forgiveness from victims or their families as part of the sentencing process. This study examines the implications of this provision when applied to sexual violence cases, particularly in relation to the Sexual Violence Crime Law (UU TPKS), which expressly prohibits non-judicial settlement as a form of victim protection. Using a normative legal research method supported by statute, conceptual, and case approaches, this article analyzes the interaction between the KUHP and the UU TPKS, alongside documented cases where victims experienced pressure to accept restorative agreements. Drawing on victimology and feminist legal theory, the study highlights the risk of revictimization, unequal bargaining power, and reinforcement of patriarchal structures when restorative justice is used in sexual violence cases. Findings show that applying restorative mechanisms to such cases creates legal uncertainty and contradicts the protective mandate of the UU TPKS. This article argues that restorative justice must be normatively limited and not applied to sexual violence. Clear regulatory harmonization and trauma-informed implementation guidelines are necessary to ensure a victim-centered approach to justice when the new KUHP becomes fully enforceable.
Judicial Decisions and Legal Autopoiesis: Law as a Living System Susilo, Erwin
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 | DOI: 10.37680/almanhaj.v7i1.7882

Abstract

Law, as a living system, evolves through continuous communication, enabling it to adapt to social changes and technological advancements. This research examines the question of how law reproduces itself within the framework of judicial decision-making in Indonesia, to explain the theoretical and practical roles of judges in maintaining the vitality of the legal system. Using a normative-conceptual (doctrinal-philosophical) approach, this research combines Niklas Luhmann's autopoiesis theory, Hans Kelsen's pure law theory, Jürgen Habermas's communicative action theory, Ronald Dworkin's concept of law as integrity, and Pierre Bourdieu's theory of symbolic power to analyze how judicial decisions function as a mechanism for legal reproduction. The research results show that judges in Indonesia not only apply existing norms but also interpret and reconstruct them to align with social and technological developments. For example, this is evident in Supreme Court Decisions Number 1794 K/Pdt/2004 and Number 230/G/TF/2019/PTUN-JKT, which demonstrate how judges' legal considerations integrate normative coherence, communicative legitimacy, and social responsiveness. This research concludes that law in Indonesia functions as an autopoietic system—capable of independently reproducing itself, adapting, and sustaining itself through judicial communication, thus remaining relevant, legitimate, and responsive to the dynamics of contemporary society.
Lompek Paga Money in Minangkabau Custom: A Social Study and an Islamic Legal Perspective Ulya, Azma; Fitrah, Azizah
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 | DOI: 10.37680/almanhaj.v7i1.7638

Abstract

The lompek paga tradition in Lunto Village emerged during the youth migration of the 1980s as a customary compensation required from men marrying women from outside the village, typically in the form of five sacks of cement or an equivalent payment. This study aims to analyze the social meaning and legal status of lompek paga within the framework of Islamic law using the concept of ‘urf (custom). Using a descriptive qualitative field approach with ethnographic techniques, data were collected through interviews with niniak mamak (customary elders), community leaders, and residents. The data were analyzed thematically and triangulated to ensure validity. The findings show that lompek paga serves as a customary mechanism to maintain the social authority of niniak mamak and strengthen communal attachment to the homeland amid shifting marriage patterns caused by migration. From an Islamic legal perspective, this tradition may be categorized as ‘urf ṣāḥiḥ (valid custom) as long as it is not imposed as a marriage requirement or enforced coercively. The study demonstrates how the authority of niniak mamak has been sustained through the lompek paga institution, offering insights into the evolving relationship between customary practice and Islamic law in Minangkabau society.
Insult To The Government: Legal And Maqa̅sid Al-Syari̅'ah Analysis Of Freedom Of Expression Firdaus, Royan Ahila; Ridho, Muhammad Rosyid; Rahayu, Fadilah Qotimatun Puji
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 | DOI: 10.37680/almanhaj.v7i1.7684

Abstract

Since the enactment of Law Number 1 of 2023 concerning the Criminal Code, a main problem related to Articles 240-241 regarding insults to the government has arisen. This has the potential to criminalize public freedoms. This study examines these provisions through the lens of maqāṣid al-sharī'a, which was chosen as the framework of analysis due to its ability to provide a benefit-based philosophical framework that is considered more appropriate than the textual approach of positive law. The method used is normative legal research. The results of the study indicate that Articles 240-241 are subject to multiple interpretations and overlap with Article 433 regarding defamation of individuals. In answering this problem, maqāṣid al-sharī'a provides a profound solution with a balancing principle. Freedom of opinion, as part of ḥifẓ al-'aql (safeguarding reason), is required to be in harmony with ḥifẓ an-nafs wa al-'ird (safeguarding the soul and honor). Therefore, this approach is expected to provide a basis for protecting freedom of expression more fairly, allowing freedom of expression to be protected while upholding respect for the state, while still weighing the benefits and harms of criticism substantively.
Legal Aspects of Electronic Contracts, Financial Technology (Fintech), Peer-to-Peer Lending, Shopee Paylater Riska, Riska; Sulubara, Seri Mughni; Nurkhalisah, Nurkhalisah
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 | DOI: 10.37680/almanhaj.v7i1.7797

Abstract

This study aims to analyze the validity of electronic contracts in Shopee Paylater services and the challenges of consumer legal protection. Electronic contracts are legally valid, but there are still weaknesses in standard clauses and consumer protection. This study provides a new perspective on the need to reformulate standard contract regulations in the fintech sector. This method focuses on analyzing legislation, legal doctrines, and related legal literature as primary and secondary legal materials. The results of research on the legal aspects of electronic contracts in financial technology (fintech) peer-to-peer lending, Shopee PayLater, show that the electronic contracts used by Shopee PayLater are valid and have legal force in accordance with Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), which was amended by Law Number 19 of 2016. The Shopee PayLater electronic contract is legally compliant with the provisions of the Civil Code (KUHPerdata), specifically Articles 1313 and 1320, which regulate the validity of an agreement, including the existence of an agreement between the parties, legal competence, a clear object, and a lawful cause.
The Role Of The Village Head As A Mediator For Land Dispute Resolution In Benteng Village, Talay Regency, Batubara Regency Fadli, Muhammad; Isnaini, Isnaini; Frensh, Wenggedes
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 | DOI: 10.37680/almanhaj.v7i1.7803

Abstract

This study examines the role of the Village Head as a mediator in resolving land disputes in Benteng Village, Talawi District, Batubara Regency. Using a normative juridical approach, the research analyzes legal norms, statutory regulations, and relevant doctrines to understand the scope of authority and effectiveness of village-level mediation. The findings show that the Village Head's authority to mediate disputes is mandated by Law No. 6 of 2014 on Villages, which obliges the Village Head to maintain social order and resolve community disputes peacefully. Mediation at the village level is generally more effective than litigation because it prioritizes kinship, customary values, and social proximity among residents. The Village Head plays a central role in facilitating deliberation, verifying ownership documents, and issuing administrative statements to support settlement outcomes. However, challenges persist, including limited facilities, insufficient budget allocations, low legal awareness among residents, and the lack of formal training or mediator certification for Village Heads. These constraints hinder the optimization of mediation practices. Therefore, the study emphasizes the importance of government support through training, regulatory enhancements, and institutional capacity building to enhance the effectiveness of village mediation and ensure justice at the grassroots level.
Implications of Investment Policy on Legal Certainty of Community Land Rights Isnaini, Isnaini
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 | DOI: 10.37680/almanhaj.v7i1.7883

Abstract

This study aims to analyze the implications of investment policy on the legal certainty of people's land rights in Indonesia. Although investment is seen as a strategic instrument to encourage economic growth, government policies such as the Investment Law Number 25 of 2007 and the Job Creation Law often cause disharmony with the Basic Agrarian Law Number 5 of 1960. Through a normative juridical approach, this study examines the relationship between investment regulation and land rights protection, particularly in the context of agrarian conflicts that arise from overlapping authority, weak recognition of customary rights, and the unclear status of land law. The findings indicate that investment policy implementation often prioritizes the interests of investors over those of local communities, thereby increasing the potential for evictions, land disputes, and legal uncertainty. The case of Rempang Island and plantations in West Kalimantan confirms that inconsistent regulations contribute to the marginalization of society. This study recommends harmonizing regulations, strengthening conflict resolution mechanisms, and reforming land law to ensure a balance between economic interests and the protection of people's rights.
Legal Liability For Holders Of Electricity Supply Business Licenses Without Electrical Safety (A Study At Pln Nusantara Power Umro Medan Power Plant Maintenance Implementation Unit (UPHK) Hasibuan, Erwin; Maswandi, Maswandi; Frensh, Wenggedes
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 | DOI: 10.37680/almanhaj.v7i1.7884

Abstract

This research, entitled "Legal Liability for Holders of Electricity Supply Business Licenses Without Electrical Safety (A Study at PLN Nusantara Power UMRO UPHK Medan)," aims to examine: (1) the regulations applied by PLN in granting business licenses to electricity support service providers; (2) PLN's procedures for issuing procurement permits; and (3) the legal accountability imposed on electricity support services within UMRO UPHK Medan. This study employs normative legal research, focusing on the analysis of legal norms as outlined in laws, regulations, and scholarly literature. These legal materials are examined and connected to the research problems to provide a clear understanding of the application of electrical safety obligations. The research is descriptive-analytical, presenting legal provisions and factual conditions while conducting an in-depth juridical analysis to describe the implementation of electrical safety and the consequences of non-compliance. The research prioritizes secondary data, including legal documents and literature, which are critically examined to uncover scientific truth through a systematic and consistent normative method. The research results are expected to provide a comprehensive overview of regulatory mechanisms, licensing procedures, and forms of legal liability for violations of electrical safety standards, as well as recommendations to strengthen supervision and law enforcement in Indonesia's electricity sector.
Breaking through the Justice Wall for the Underprivileged People In Criminal Cases Nurtresna, Robby; Mabsuti, Mabsuti; Hidayat, Syahril; Putri, Nabila
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 | DOI: 10.37680/almanhaj.v7i1.7986

Abstract

The motto “Justitiae Non Est Neganda, Non Differenda” ("Justice must not be denied and must not be delayed") should guide law enforcement in Indonesia. However, in reality, individuals from lower-middle or underprivileged socioeconomic backgrounds who are involved in criminal cases often encounter significant barriers to obtaining substantial justice. This study aims to assess the availability of access to justice for these vulnerable groups and to develop practical solutions to ensure equitable legal protection. Using empirical legal research supported by primary and secondary data, combined with legislative and case law approaches, the study employs descriptive and analytical techniques. The findings reveal that although the legal system guarantees equality before the law, structural, economic, and institutional constraints continue to hinder fair treatment. The novelty of this study lies in proposing a practical mechanism for resolving criminal cases that prioritizes the disadvantaged, thereby bridging the gap between legal norms and social realities. A strong commitment from law enforcement, along with implementable reforms, is essential to make justice accessible to all.

Page 76 of 79 | Total Record : 786

 74   75   76   77   78 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 1 (2026) Vol. 7 No. 2 (2025) Vol. 7 No. 1 (2025) Vol. 6 No. 2 (2024) Vol 6 No 2 (2024) Vol 6 No 1 (2024) Vol. 6 No. 1 (2024) Vol 5 No 2 (2023) Vol. 5 No. 2 (2023) Vol. 5 No. 1 (2023) Vol 5 No 1 (2023) Vol 4 No 2 (2022) Vol. 4 No. 2 (2022) Vol 4 No 1 (2022) Vol. 4 No. 1 (2022) Vol 3 No 2 (2021) Vol. 3 No. 2 (2021) Vol 3 No 1 (2021) Vol. 3 No. 1 (2021) Vol 2 No 2 (2020) Vol. 2 No. 2 (2020) Vol 2 No 1 (2020) Vol. 2 No. 1 (2020) Vol 1 No 2 (2019) Vol. 1 No. 2 (2019) Vol. 1 No. 1 (2019) Vol 1 No 1 (2019) More Issue