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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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Indonesia’s Capital Relocation: A Normative-Juridical Review of Governmental, Criminal Law, and State Stability Ananda Selly Manila Wati; Setiyawan, Deni
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.v7i2.8471

Abstract

The relocation of the National Capital has become a strategic issue and a legal urgency in Indonesia due to its impact on governmental stability, legal order, and national security. Emerging issues include the government's authority in determining the location of the National Capital, potential legal conflicts between national and international regulations, and the risk of criminal law violations in land acquisition and project implementation. This study aims to analyze the juridical aspects of the National Capital relocation by integrating perspectives from administrative law, criminal law, and the stability of the Unitary State of the Republic of Indonesia (NKRI). The research employs a normative-juridical method with legislative, case study, and conceptual approaches. The results indicate that the relocation of the National Capital must consider legality based on Law Number 3 of 2022 concerning the National Capital, principles of good governance, and the prevention of criminal acts related to land acquisition and development. The integration of administrative and criminal law is crucial for maintaining political, social, and economic stability. In conclusion, the relocation of the National Capital is legally valid if carried out with strict adherence to legal compliance, transparent oversight, and effective mechanisms for mitigating criminal risk, thereby supporting the sustainable stability of the Republic of Indonesia.
Legal Protection in Construction and Transfer Cooperation Between Surakarta Revenue Agency and Bank Mandiri’s EPPSON Program Mindipurnama Putra, Ijlal Hanif; Wardiono, Kelik
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.v7i2.8476

Abstract

Local taxes are a vital source of revenue for Surakarta City, yet taxpayer compliance remains low due to payment procedures perceived as complex and inefficient. To address this issue, the Surakarta City Revenue Agency (Bapenda) implemented the Electronic Payment System Online (EPPSON) in collaboration with Bank Mandiri as part of its digital taxation and smart city initiative. This study examines the legal construction, regulatory framework, and legal protection of the cooperation agreement between Bapenda Surakarta and Bank Mandiri. Utilizing a normative empirical approach that incorporates legislative, socio-legal, and conceptual perspectives, the research examines both regulatory instruments and their practical implementation. The findings indicate that cooperation is structured through a non-cash local tax payment service under a Build, Transfer, and Operate (BTO) scheme, positioning Bank Mandiri as a strategic partner in fiscal digitalization. While EPPSON improves efficiency and accessibility, legal challenges persist, including contractual ambiguities, uneven data protection standards, and the absence of specific regional regulations governing digital tax payments. The program is legally grounded in Presidential Regulation No. 38 of 2015; however, strengthening derivative regulations and cybersecurity safeguards remains essential for its sustainability.
Legal Protection for Consumers Against Adulterated Fuel Causing Motor Vehicle Damage Prastiya, David Eka; Iskandar, Hardian
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.v7i2.8497

Abstract

This study aims to analyze the forms of legal protection for consumers who suffer losses due to the use of adulterated fuel and to examine the legal liability of business actors within the framework of consumer protection law in Indonesia. The research employs a normative legal research method using statutory, conceptual, and literature-based approaches. Primary legal materials include the Consumer Protection Law, the Oil and Gas Law, and relevant provisions of civil law. The analysis is conducted qualitatively through systematic interpretation of legal norms and doctrines. The findings indicate that legal protection for consumers is provided through preventive and repressive mechanisms. Adulterated fuel is classified as a defective product that gives rise to strict liability under the Consumer Protection Law as well as liability for unlawful acts under the Civil Code. However, law enforcement remains suboptimal due to weak supervision, limited institutional capacity, and evidentiary difficulties faced by consumers. This study recommends strengthening preventive supervision through random fuel quality testing, increasing the effectiveness of sanctions, enhancing the institutional capacity of the Consumer Dispute Resolution Agency (BPSK), and simplifying the burden of proof for consumers to ensure legal certainty and effective consumer protection.
Restricting Veto Use In Humanitarian Crises: Urgency For Un Charter Amendment Panggabean, Frans Julian
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.v7i2.8508

Abstract

This study examines the need to impose legal limitations on the use of veto power to reinforce the principle of sovereign equality under Article 2(1) of the United Nations Charter. It focuses on the absolute nature of the veto exercised by the permanent members of the United Nations Security Council, which remains legally unrestricted due to the absence of clearly defined legal standards regulating its exercise. In practice, this unrestricted authority has repeatedly obstructed humanitarian action and contributed to institutional paralysis during humanitarian crises. Using a normative juridical method with a conceptual and doctrinal approach, this research analyzes debates on veto power, the amendment procedure under Article 108 of the Charter, and the development of soft-law initiatives, including the Responsibility to Protect, the ACT Group's Code of Conduct, and the French–Mexican initiative. The findings suggest that absolute veto power fosters structural inequality among member states and erodes the legitimacy and effectiveness of the United Nations. The study concludes that a targeted amendment to the UN Charter, restricting the use of vetoes in clearly defined humanitarian crises, is both normatively justified and legally feasible within the existing constitutional framework of the United Nations.
Dualism of Foundation Governance and Its Legal Implications: A Legal Analysis of Court Decision No. 6/Pdt.G/2025/PN Agm on Civil Wrongdoing Puspita, Dela; Mayasari, Riri Tri; Putra, Hendi Sastra; Ardinata, Mikho
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.v7i2.8510

Abstract

Disputes over foundation governance in Indonesia are frequently resolved through formal administrative approaches, often overlooking the substantive legitimacy of founders and internal procedures. This study analyzes judicial reasoning in Court Decision No. 6/Pdt.G/2025/PN Agm, specifically regarding the validity of management and its alignment with the principle of legality. Utilizing normative legal methods, including statutory, conceptual, and case approaches, this research examines court decisions, legislation, and academic literature. The findings suggest that the court prioritizes administrative aspects over statutory requirements, including founders' meetings and articles of association. This leads to non-normative reasoning, including the pragmatic assumption that "whoever produces the document first prevails." Additionally, the absence of notary involvement in examining amended deeds resulted in formal defects, as notarial deeds cannot be legally assessed without the presence of the drafter. The study concludes that foundation dispute resolution must strike a balance between formal and substantive legality, while ensuring a comprehensive examination of notarial deeds. This research contributes to the discourse by highlighting the need for harmonized judicial practice and evaluating the procedural role of notaries in cases involving dual governance.
Analysis Implementation The Appointment Village Officials From Siyasah Tanfidziyah Perspective In Gedung Jaya Village Tri Saputra, Adi Tiya; Frenki, Frenki; Hendriyadi
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.v7i2.8522

Abstract

This study aims to analyze the impact of the appointment mechanism for village officials that does not comply with Tulang Bawang Regent Regulation No. 10 of 2020 concerning Guidelines for the Appointment of Village Officials, with a focus on the case in Gedung Jaya Village, Rawa Pitu District, Tulang Bawang Regency. This field research uses observation, interviews, and documentation methods to identify the legal implications and community response to the village apparatus appointment process. Field findings indicate that procedural irregularities, including the absence of open selection and administrative transparency, have the potential to infringe upon community rights and undermine the stability of village governance. From a siyasah tanfidziyah perspective, this mechanism has essentially adopted the principles of musawah (equality), tolerance, freedom, justice ('adl), syura (consultation), and compliance with sharia law; however, its implementation has not been effective in creating optimal social harmony and justice. The results of this study emphasize the importance of enforcing regional regulations, increasing accountability, and strengthening the integration of siyasah tanfidziyah values in public administration to achieve a village governance system that is fair, stable, and in the best interests of the community.
The Terrorism Death Penalty Controversy in Indonesia from the Perspective of Law and Human Rights Kharisma, Ikhlashul Amal; Setiyawan, Deni
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.v7i2.8556

Abstract

This study aims to critically analyze the application of the death penalty for terrorism-related crimes in Indonesia from the perspectives of criminal law and human rights. The primary focus is to assess whether capital punishment can be justified as a proportionate law enforcement instrument while remaining consistent with the protection of the right to life as a non-derogable right. This research employs a normative juridical method, utilizing statutory, case-based, and conceptual approaches to examine national legal provisions, judicial decisions, and contemporary theories of punishment in conjunction with international human rights standards. The findings indicate that the death penalty retains juridical legitimacy within Indonesia's positive legal system, particularly following the enactment of Law No. 1 of 2023 on the Criminal Code, which introduces a conditional death penalty framework. Nevertheless, the justification of capital punishment based on deterrence theory lacks strong empirical support and raises serious concerns regarding proportionality and the protection of the right to life. This study recommends that the death penalty be strictly positioned as an ultimum remedium, applied in a highly selective manner with rigorous due process guarantees, and complemented by non-penal counterterrorism strategies emphasizing prevention, deradicalization, and a more humane justice-oriented approach.
Legal Responsibility of Marketplaces in Distributing iQIYI Digital Services and Consumer Protection in Indonesia Suci, Indah Meisyana; Nugroho, Andriyanto Adhi
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.v7i2.8658

Abstract

This study concludes that the distribution of unauthorized iQIYI digital services through marketplaces creates inherent legal defects, as access remains revocable by the authorized provider, exposing consumers to the risk of unilateral account blocking and potential systematic losses. Accordingly, marketplaces should not be treated as passive intermediaries; their platform control and economic benefits justify the application of Absolute Responsibility for consumer losses arising from such transactions. This research employs a normative legal method, combining statutory and conceptual approaches, with a focus on Indonesian consumer protection law and electronic commerce regulation. The analysis demonstrates that intermediary-based liability models are inadequate to address risks inherent in non-physical and revocable digital services. To operationalize this accountability, marketplaces must ensure accurate risk disclosure, verify seller legitimacy, handle complaints effectively, and implement measurable loss-recovery mechanisms. Finally, regulatory alignment of the Government Regulation on Trade Through Electronic Systems with consumer protection principles, including enforceable algorithmic accountability, remains necessary to strengthen supervision and legal certainty in Indonesia's digital commerce ecosystem.
Complexities in Drafting Land Transfer Deeds After the Implementation of Electronic Land Certificates : (A Study of Land Deed Officials in Bekasi) Harsanti, Khairunnisa Putri; Taupiqurrahman, Taupiqurrahman
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.v7i2.8682

Abstract

Land registration aims to ensure legal certainty and protection of land rights through the issuance of certificates. Along with technological developments, the Indonesian government has implemented electronic land certificates to improve efficiency in land administration. Nevertheless, this transition has generated new complexities for Land Deed Officials (PPAT) in drafting land transfer deeds. This study aims to analyze the complexity that arises in drafting land transfer deeds after the implementation of electronic land certificates, and how PPATs respond to these challenges in practice. The methodology employed is an empirical juridical approach; this research is based on interviews with PPATs in Bekasi City. The findings indicate that electronic certificates present significant challenges in ensuring the accuracy of both legal subjects and objects in land transfer deeds, primarily due to data limitations and inconsistencies. These complexities hinder PPATs in fulfilling their responsibilities to guarantee legal validity and certainty. The study concludes that the current implementation of electronic certificates has not yet fully achieved its intended objective of legal certainty, thereby underscoring the need for stronger data integration and institutional coordination to support a reliable and accountable land transfer process.
Legal Protection of Good Faith Buyers in Developer Bankruptcy: Indonesian Supreme Court Decision 24K/Pdt.Sus-Pailit/2025 Dafa, M Naufal Abiyi; Sakti, Muthia
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.v7i2.8734

Abstract

This study examines the legal protection afforded to good-faith housing buyers when objects of a Binding Sale and Purchase Agreement (PPJB) are included in a developer's bankruptcy estate, focusing on Supreme Court Decision No. 24 K/Pdt.Sus-Pailit/2025. The research employs a normative juridical method, using statutory, conceptual, and case approaches to analyze bankruptcy law, consumer protection norms, PPJB regulations, and judicial reasoning. The study finds that although the PPJB in the case was privately executed and did not comply with the formal requirements of Ministerial Regulation ATR/BPN No. 16 of 2021, the Supreme Court affirmed that buyers who had fully paid and taken possession before bankruptcy qualify as good-faith third parties entitled to protection. The Court emphasized the asset separation principle, holding that only assets legally owned by the debtor at the time of bankruptcy may form part of the bankruptcy estate, thereby limiting the universality principle and prioritizing substantive justice. By annulling the curator’s action, the decision strengthens consumer protection in developer bankruptcy cases. This study concludes that buyers require both preventive and repressive legal protection, and that PPJBs should be executed as authentic deeds with a power of sale clause to prevent future disputes.

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