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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 809 Documents
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Differentiation Treatment Of KBIHU According To The Law On Hajj And Umrah Management Mashohih, Agil Syarifatul; Rozaq, Abdul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8871

Abstract

The regulatory transformation of Hajj management in Indonesia through the enactment of Law Number 14 of 2025, amending  Law Number 8 of 2019, has significantly impacted (KBIHU)as a strategic partners of the government. This study aims to analyze the differentiation of regulatory treatment for the word KBIHU under both legal regimes and to examine its managerial implications for institutional accountability and professionalism. Employing a qualitative comparative document analysis, this research focuses on Articles 52-56 of both laws to identify shifts in legal norms. The findings reveal a governance paradigm shift from a socio-religious partnership model to a more standardized, bureaucratic oversight system. Key changes include stricter accreditation requirements, digital supervision through the SERAMBI platform, an increase in the pilgrim-to-guide ratio from 1:135 to 1:151, and a shift in guide quota allocation from an automatic entitlement to a proposal-based mechanism dependent on competency selection. While the new regulation promotes transparency and professional standards, the increased workload per guide potentially risks reducing the quality of personalized guidance. Consequently, KBIHU is required to reposition its service strategies to remain adaptive within an increasingly regulated and modernized Hajj and Umrah management ecosystem.
Implications of Uncertainty in the Status of Palilah Griya Pasiten Letter Holders in the Baluwarti Area Dipta, Pramandini Amara; Jamin, Mohammad; Najicha, Fatma Ulfatun
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8899

Abstract

This study analyzes the legal status of Palilah Griya Pasiten Letter in the Baluwarti area of Surakarta within Indonesia's national agrarian law framework. Surat Palilah, issued by the Surakarta Palace as an authorization to occupy and use palace land, has no clear position under the Basic Agrarian Law (UUPA), creating legal uncertainty, particularly in land registration and certification. This research applies normative legal methods, drawing on statutory, historical, and conceptual approaches, and is supported by empirical interviews as complementary data. The study examines the legal standing of Palilah land, available forms of legal protection, and obstacles in the registration process. The findings show that Palilah land cannot be certified as ownership or building use rights and may only be recognized as a Right of Use with Palace approval. The study contributes to agrarian law scholarship by clarifying the normative gap between traditional palace land governance and the national land law system and by providing a conceptual basis for strengthening legal protection within a pluralistic agrarian framework.
Legal Education and Financial Literacy of Student PayLater Users: A Normative Juridical Review Syahmi, Taffy Faiq; Prawesthi, Wahyu; Borman, M. Syahrul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8576

Abstract

The development of financial technology (fintech) has changed consumption patterns in society, including among students. One popular innovation is the PayLater feature, which allows users to make transactions with delayed payment. However, this convenience may create legal and financial risks if it is not supported by adequate financial literacy and legal understanding. This study aims to analyze the role of legal education in improving students' financial literacy and in promoting the responsible use of PayLater services. The research uses a normative juridical method with a statutory approach by examining several regulations, including Law Number 8 of 1999 on Consumer Protection, the Electronic Information and Transactions Law, and Government Regulation on the Implementation of Electronic Systems and Transactions. The results show that legal education increases students’ awareness of their rights and obligations as digital consumers. Understanding PayLater regulations can also help prevent excessive consumption and misuse of digital services. Therefore, integrating legal education with financial literacy is important to foster a generation of young people who are legally aware and financially responsible in using digital financial services.
Umrah Law Implementation: Performance Analysis of Al-Fazza Tour & Travel Agency Semarang Naufal, Jiyadu; Rozaq, Abdul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8878

Abstract

This study analyzes the implementation dynamics of Law No. 14 of 2025 on Umrah Pilgrimage, specifically focusing on independent Umrah provisions within the operational context of Al-Fazza Tour & Travel Agency in Semarang. This phenomenon is examined to understand how organizations respond to regulations that may disrupt travel agencies' traditional roles. Utilizing a qualitative case study design, data were gathered through in-depth interviews with key management (the Director and Operations Manager) and participant observation. Results indicate that regulatory implementation is interpretative and adaptive, avoiding radical structural shifts. Management perceives the regulation through three primary lenses: legal legitimacy, new competitive challenges, and catalysts for strategic adaptation. Empirically, the legalization of independent Umrah has not significantly decreased pilgrim interest, as trust, service comfort, and the need for religious guidance remain dominant preferences. The agency’s adaptive response prioritizes educational functions through community outreach regarding the technical complexities and risks of independent Umrah. Theoretically, this research enriches bottom-up policy implementation studies in the religious service sector and recommends optimizing spiritual guidance as a core strategy for organizational sustainability amidst regulatory changes.
Audio-Visual Recording Of Civil Trials As A Means To Enhance Judicial Accountability And Transparency Angga Prihatin; Alhadiansyah; Marnita
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8988

Abstract

The implementation of audio-visual recording in court proceedings is regulated by Supreme Court Circular Letter Number 4 of 2012 on the recording of trial processes; however, its application is still restricted to corruption cases and other cases that attract significant public attention. This study examines the urgency and legal foundations for extending trial recording to civil proceedings and evaluates its role in enhancing judicial transparency and accountability. Trial recordings constitute an important innovation that should ideally be applied to all types of cases, including civil cases, so that recordings can be used by the parties in procedural processes and ensure transparent and accountable judicial decision-making. The study applies a normative juridical approach by analyzing statutory provisions, legal doctrines, and relevant scholarly literature. The results demonstrate that trial recording contributes to greater transparency of information, helps minimize the risk of misuse of authority, and reinforces public confidence in judicial institutions. Recordings also provide accurate documentation of trial proceedings, serving as a reference for the parties and assisting judges in decision-making in civil cases. Therefore, from a normative perspective, the Supreme Court must enact explicit regulation mandating audio-visual recording in civil trials as an instrument of judicial accountability and transparency.
Protection of Victims of Digital Sexual Violence: A Comparative Study of Indonesia and South Korea Sela, Mutiara Aprilia Putri; Fitri, Winda; Hutauruk, Rufinus Hotmaulana
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.9012

Abstract

The development of digital technology has given rise to a new form of violence in the form of digital sexual violence, including deepfake pornoghraphy which has not been fully accommodated in the Indonesian legal system. This study aims to compare legal protection for victims of digital sexual violence in Indonesia and South Korea and to formulate strategies for strengthening regulations in Indonesia. The method used normative legal research, with a legislative, conceptual, case, and comparative approach, analyzing regulations and legal practices in both countries. The results show that Indonesia already has a legal basis through the TPKS Law, the ITE Law, and the Criminal Code, but does not yet specifically regulate forms of AI-Based DBV such as deepfake pornography. Implementation challenges include digital evidence, inter-agency coordination, and mechanisms for content removal. In contrast, South Korea has more responsive regulations, supported by specialized agencies focused on victim protection and recovery. The novelty of this research lies in its comparative analysis that focuses on institutional strengthening and technical mechanisms for handling digital sexual violence as concrete recommendations for legal reform in Indonesia.
Customary Law Perspectives on Preserving Baduy Ulayat Land: A Socio-Legal Study of Sustainability Fathullah; Nurtresna, Robby; Wahyudin, Muhamad; Mabsuti; Nufus, Saifun
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.9289

Abstract

This study investigates the pivotal role of customary law (hukum adat) in preserving ulayat (communal) land within the Baduy indigenous community of Indonesia, navigating the complexities of modern legal pluralism. Employing a qualitative socio-legal methodology, this research utilizes purposive sampling involving traditional authorities, specifically the Puun and Jaro. The findings reveal that Baduy land governance is a holistic integration of social, spiritual, and ecological dimensions, in which land is venerated as a sacred ancestral trust (karuhun) rather than a fungible economic commodity. Consequently, traditional norms strictly prohibit land alienation and individual certification. These protective mechanisms are enforced through a sophisticated hierarchical leadership structure in which the Jaro implements both preventive norms and restorative sanctions to maintain communal integrity. Despite formal recognition through regional regulations, this study identifies critical friction between national agrarian policies, external economic pressures, and indigenous autonomy. The research concludes that the Baduy model provides a resilient, sustainable paradigm for land governance. It advocates for a substantive harmonization between state legislation and customary frameworks to ensure the enduring protection of indigenous territorial rights against contemporary developmental encroachment.
Analysis of the Public Prosecutor's legal considerations in the criminal prosecution of child sexual intercourse by educators Aziz Tri Afriko; Sinung Mufti Hangabei; Riri Tri Mayasari; J.T. Pareke
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.9383

Abstract

The purpose of this research is to analyze the juridical basis used by Public Prosecutors in formulating criminal charges and to assess its conformity with the principles of justice and child protection. The research method employed is normative legal research, utilizing statutory, case, and conceptual approaches. Data were collected through library research and analyzed qualitatively. The results of the study indicate that in formulating criminal charges, the Public Prosecutor does not merely focus on the normative fulfillment of the elements of the offense but also considers the power relation between the perpetrator and the victim, the perpetrator’s position as an educator, as well as the psychological and social impacts on the victim. The criminal charges are constructed systematically by linking legal facts, evidence, and relevant legal norms. The conclusion of this study shows that the juridical considerations of the Public Prosecutor reflect a proper application of law and are oriented toward victim protection. However, there is still a need to strengthen the integration of a restorative justice approach to achieve more substantive justice.
Legislative Oversight Mechanisms under the DPR Rules of Procedure: Implications for Checks and Balances in Indonesia Badjeber, Mochamad Haikal; Hadi, Syamsul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.9407

Abstract

This study examines how the House of Representatives (DPR) exercises its legislative oversight function through its Rules of Procedure to strengthen the principle of checks and balances within Indonesia's constitutional system. This study employs a normative legal method using a juridical and conceptual approach, supported by relevant legal materials. The findings indicate that the DPR's Rules of Procedure, particularly the provisions on periodic evaluations of state officials appointed through parliamentary mechanisms, strengthen oversight by introducing an evaluation mechanism that produces binding recommendations. This framework enables a more structured assessment of officials' performance and accountability. However, several challenges remain, including the lack of clear, measurable evaluation criteria, the risk of political subjectivity, and limitations in ensuring institutional independence. These issues may undermine the effectiveness and credibility of the oversight process. Therefore, improvements are needed by establishing standardized evaluation parameters, increasing transparency, and strengthening institutional independence to ensure that the DPR's oversight functions operate effectively, objectively, and accountably.
Legal Certainty and Evidentiary Strength of Digital Signatures in Electronic Contracts under Indonesian Law Taffy Faiq Syahmi; Agus Wardhono; M. Syahrul Borman; Wahyu Prawesthi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8904

Abstract

The rapid advancement of digital technology has driven the widespread use of electronic contracts in modern business transactions, where digital signatures play an essential role in verifying authenticity, maintaining document integrity, and establishing mutual consent between parties. This study analyzes the legal validity and evidentiary weight of digital signatures under Indonesian law. Using a normative juridical approach, it examines relevant laws, particularly Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law), along with supporting regulations and legal literature. The research evaluates whether digital signatures meet legal requirements and provide certainty in practice. The findings show that digital signatures are legally valid and binding if they can identify the signer, maintain document integrity, and prevent repudiation. They are also recognized as legitimate evidence in court. However, challenges remain, including limited public understanding, the need for stronger technological security, and the continued use of handwritten signatures for certain documents. Overall, digital signatures enhance the reliability of electronic contracts and support secure digital transactions in Indonesia.

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