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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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Local Wisdom and Justice Principles in Musyarakah Mutanaqisah Financing Law at Sharia Bankaltimtara Herman, Akhmad Sobyan; Yulianingrum, Aullia Vivi; Elviandri; Surahman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8007

Abstract

This study aims to analyze the integration of local wisdom and the principle of substantive justice in the financing practice of Musyarakah Mutanaqisah (MMQ) in Bankaltimtara Syariah, East Kalimantan. The central problem is the empirical-normative gap between formal sharia compliance (Sharia Compliance) and the effectiveness of integrating local wisdom (deliberation, cooperation) as an instrument of social law. Using a socio-legal approach (sociological jurisprudence with a descriptive qualitative method), this study is supported by the triangulation of data from in-depth interviews, observations, and document studies. The theoretical significance confirms that Islamic banking practices operate within a legal pluralist framework, demonstrating that the integration of local wisdom serves as a social mechanism of compliance, thereby strengthening the legitimacy of Islamic law. Results show that the integration of local values has been proven to strengthen customer compliance and realize distributive justice through proportional risk sharing and contract transparency. Substantive justice is achieved through dialogue-based dispute resolution and flexible payment options. Effective MMQ governance requires an adaptive and contextual model that prioritizes the principles of raḥmah and adl, ensuring the well-being of customers (hifz al-nafs and hifz al-māl) and the sustainability of partnerships, going beyond formal compliance.
Promoter's Liability for Neglecting Consumer Rights in Concert Ticket Exchange Mechanisms Oktaviani, Eka Putri; Sylvana Murni Deborah Hutabarat
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8318

Abstract

The poorly managed ticket exchange process at the Seventeen's World Tour Concert in Jakarta resulted in long queues, causing material losses. This article aims to analyze the promoter's responsibility for neglecting consumer rights and review the legal measures that can be taken. The method applied in this research is a normative juridical approach, incorporating statutory and case analysis. The study relies on secondary data drawn from primary, secondary, and tertiary legal materials, which are analyzed using a qualitative approach. The findings indicated that the promoter neglected the rights to comfort, security, and safety of consumers, as stated in Article 4, point a, of the Consumer Protection Law, which can be taken to stop the event in accordance with Police Regulation Number 7 of 2023. Additionally, accountability can be held based on Article 19 of the Consumer Protection Law and Article 1365 of the Civil Code, which are supported by the theory of negligence and the GCG. Consumers have the right to claim compensation through non-litigation or litigation, although the difficulty of proving immaterial losses constrains the effectiveness of lawsuits.
Legal Policy of Forest Management in Indonesia through Local Wisdom and Traditional Ecological Knowledge Rohmy, Atikah Mardhiya; Sunarjo
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8373

Abstract

The purpose of this study is to examine forest management laws from a local wisdom perspective, with the goal of protecting biodiversity and maintaining the functions of forest ecosystems. Therefore, effective local wisdom legal policies are needed to improve sustainable forest management in Indonesia. A literature review is the research methodology employed to explore literature related to good forest governance and forestry legal policy in Indonesia. The results of this study indicate that the existing legal framework often fails to guarantee the equitable distribution of resources, the recognition of indigenous peoples' rights, substantial public involvement, and skills improvement across all ecosystem components. Due to regulatory uncertainty, tenurial disputes between local communities and indigenous peoples persist, often involving government agencies and businesses, and public involvement remains limited. Awareness and recognition of the inseparable interaction between organisms and their surroundings underscore the importance of traditional ecological knowledge in emphasizing the unity of all elements that live, grow, and develop together on planet Earth. For this reason, a local wisdom legal policy construction model is needed that describes how to care for forests and natural resources connected to the landscape through a Co-management model by synergizing and integrating Traditional Ecological Knowledge (TEK) into forest management policies.
Legal Analysis of Unlicensed Sand Mining Business Activities on Inherited Land Noer Azizah, Afellia Danty; Jamin, Mohammad; Maharani, Andina Elok Puri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8377

Abstract

This study aims to analyze the aspects of law and its impact on the environment, specifically in relation to the activity of mining sand that is conducted above land without official permission. Problems mainly occur in the study. This is how arrangement law affects activity mining, excavation in the ground, and the unexplored legacy​ , all of which require permission. This also impacts the environment created by the activity, as stated. Research this use method using a qualitative descriptive approach, incorporating interviews, field observations, and studies of literature, regulations, legislation, and related legal sources. Research results indicate that activity mining sand without permission contravenes Article 3 of Law Number 4 of 2009 concerning Mineral and Coal Mining, as every activity mining must obtain official permission in the form of an IUP or IPR. Activities categorized as illegal mining can result in charges of both administrative and criminal sanctions. From an environmental perspective, activities such as mining without permission cause various damages, including erosion, soil landslides, water pollution, damage to infrastructure and roads, and disturbance to the ecosystem of flora and fauna. Research confirms the importance of improving awareness of the law, community, and government supervision so that mining activities are conducted in accordance with the principles of sustainability and environmental protection, ensuring a healthy environment.
Transparency Of Information In Upselling Practices In The Modern Retail Industry Aurellia Zerikha Syah; Heru Sugiyono
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8386

Abstract

The development of globalization and digital technology has spurred the evolution of selling practices in modern retail and e-commerce, which, lacking information transparency, can harm consumers via dark patterns. This study aims to analyze the role and responsibilities of the National Consumer Protection Agency (BPKN) in addressing upselling in Indonesia and compare its enforcement with the Federal Trade Commission (FTC) in the United States. The methodology employed is normative juridical, complemented by primary empirical data from interviews with BPKN and YLKI, using a comparative approach. Findings indicate that BPKN is passive and reactive, limited to a recommendatory function, which hinders optimal consumer protection. In sharp contrast, the FTC adopts a conduct-based model with strict investigative and punitive authority, imposing substantial sanctions to combat deceptive digital practices. The low transparency in Indonesia is attributed to the general regulatory framework (UUPK) and BPKN's institutional limitations. This study concludes that strengthening technical regulations, promoting proactive monitoring, and increasing BPKN's authority are essential for creating more adaptive and effective consumer protection.
Liability of Parking Management for Consumer Vehicles Loss in Parking Facilities: (A Case Study of the Supreme Court of Indonesia Decision No. 2078K/Pdt/2009) Okhtiara, Farizka; Joesoef, Iwan Erar
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8401

Abstract

This study aims to analyze the legal liability of parking operators for the loss of consumers’ vehicles within parking areas, with specific reference to Supreme Court Decision No. 2078K/Pdt/2009. The research examines the legal nature of parking arrangements, the validity of exculpatory clauses printed on parking tickets, and the extent of the operator’s responsibility under Indonesian civil law and consumer protection law. Using a normative juridical method supported by a statutory and case approach, this study identifies the parking agreement as a deposit contract, thereby imposing a legal obligation on operators to safeguard and return the vehicle entrusted to them. The findings reveal that any exculpatory clause that shifts liability to consumers is null and void pursuant to Article 18 of the Consumer Protection Law. The Supreme Court decision further confirms that liability for vehicle loss arises from the operator’s failure to provide adequate supervision and security. The research concludes that parking operators bear strict responsibility for securing vehicles within their premises and must implement appropriate risk-management measures, including the use of insurance. These conclusions reinforce the need for enhanced consumer protection standards and clearer operational obligations within parking services.
The Legal Implications and Regulatory Dualism of Cryptocurrency as a Payment Instrument in Indonesia Nadjima, Aulia Rachmatullah; Satino
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8430

Abstract

The rapid development of blockchain technology has positioned cryptocurrency as a significant innovation within the global financial system. In Indonesia, its legal status remains controversial due to regulatory dualism between monetary and commodity authorities. This study examines the legal status of cryptocurrency as a payment instrument under Indonesian positive law, employing a normative juridical method that incorporates statutory and conceptual approaches. The findings show that cryptocurrency is explicitly prohibited as a means of payment under Law Number 7 of 2011 on Currency, particularly Article 21 paragraph (1), which mandates the Rupiah as the sole legal tender. Violations are subject to criminal sanctions under Article 33, including imprisonment of up to one year or fines of up to IDR 200 million. This prohibition is reinforced by Bank Indonesia Regulation No. 19/12/PBI/2017, which prohibits the use of virtual currencies in payment systems. Conversely, cryptocurrency is legally recognized as a tradable digital asset under Bappebti Regulation No. 8 of 2021 and supervised under OJK Regulation No. 27 of 2024 within the commodity and investment framework. This regulatory dualism creates legal uncertainty, exposing users to both criminal liability and consumer protection risks. The study concludes that regulatory harmonization among Bank Indonesia, OJK, and Bappebti is necessary to ensure legal certainty and financial system stability.
Semarang City Development After Local Regulation No. 9 of 2014 on Investment Abib, Agus Saiful; Astanti, Dhian Indah; Izziyana, Wafda Vivid
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.v7i1.8433

Abstract

This study examines the effectiveness of Local Regulation No. 9 of 2014 in supporting investment in the development of Semarang City. Using an empirical juridical research method, the study integrates normative legal analysis with empirical data to assess how investment regulation operates in practice. Normatively, the research analyzes the regulation's alignment with Law No. 25 of 2007 on Investment and constitutional principles, particularly those related to economic democracy and social welfare. Empirically, the study relies on secondary data, including investment realization statistics, regional economic indicators, and official policy reports issued by relevant government institutions. The analysis is further strengthened by applying Friedman's legal system theory to evaluate the interaction between legal substance, legal structure, and legal culture in the implementation of investment regulation. The findings suggest that the regulation has contributed to improving the investment climate, enhancing investment realization, and promoting employment and regional economic growth. However, its effectiveness remains influenced by institutional capacity, regulatory consistency, and governance practices. The study concludes that continuous regulatory harmonization, institutional strengthening, and improvements in legal culture are essential to optimize the role of investment regulation in achieving sustainable regional development and public welfare.
Development Of Regulations To Prevent And Address Algorithmic Bias In E-Commerce Competition Law Samon, Siti Nurfadilla; Kasim, Nur Mohamad; Abdussamad, Zamroni
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8439

Abstract

The study identified shortcomings in Law No. 5 of 1999 on algorithmic discrimination in the e-commerce business. The study employs normative legal methods, incorporating a legislative, conceptual, and algorithmic justice approach, as well as a comparative analysis of EU and US regulations. Secondary data, including ICC cases, were analyzed through literal, co-curricular, and teleological interpretations. This highlights the limitations of existing norms in addressing digital dynamics. Law No. 5/1999 does not have explicit regulations on automated algorithms, including definitions, transparency, or auditing of systems. Real cases, such as Shopee's internal delivery priority, harm small businesses through biased weighting factors, violating Article 19(d) and Article 25(1)(a). The first step is to mandate that major platforms disclose their algorithmic principles and conduct quarterly independent audits. Furthermore, strengthen ICC with technologists and data management rules. Long-term measures include international cooperation and the application of Pancasila-based ethics to achieve social justice, which is crucial for protecting SMEs in Indonesia's digital market, aligning with the global dominance of algorithms, and in line with ICC's principles aimed at combating AI collusion. Reform promotes healthy and inclusive competition.
Comparative Analysis Of Electronic Agreement Regulations Online Arisan In Indonesia And Malaysia : (Study Decision No. 106/Pdt.G/2017/Pn Plk) Tanjung, Salsas Bila Juniyanti; Winanti, Atik
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8446

Abstract

The development of information technology has transformed the way people engage in economic activities, including the conduct of online arisan (rotating savings groups). Online arisan represents an electronic agreement between parties that does not require written documentation but still establishes legally binding rights and obligations. This study aims to analyze and compare the legal regulations governing online arisan agreements in Indonesia and Malaysia, using Decision No. 106/Pdt.G/2017/PN Palangka Raya as a case study. The research employs a normative legal method with statutory, case, and comparative approaches. The results show that in Indonesia, online arisan agreements are considered valid as long as they fulfill the requirements stipulated in Article 1320 of the Indonesian Civil Code and are carried out in accordance with the principles of freedom of contract, good faith, and pacta sunt servanda. Meanwhile, in Malaysia, online arisan activities, also known as kumpulan wang kutu, are regulated under several laws, including the Contracts Act 1950, the Electronic Commerce Act 2006, and the Kumpulan Wang Kutu (Prohibition) Act 1971. This study concludes that Indonesia emphasizes contractual freedom and legal validity, while Malaysia prioritizes consumer protection through strict prohibition, reflecting fundamentally different regulatory approaches to online collective financial arrangements.

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