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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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The Phenomenon of Marriage Contract Repetition After Nikah Siri To Prevent Fitnah Zhahra, Putri Jasmine Al; Haq, Yusdi
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.v8i1.9194

Abstract

Marriage in Islam is regarded as a sacred covenant (mitsaqan ghaliza) aimed at preserving religion, honor, and lineage. In the context of increasingly intensive interaction during the premarital preparation period, some Muslim couples choose to conduct a religious marriage contract (nikah siri) before official state registration to avoid potential social suspicion and moral concerns. This study aims to analyze the practice of repeating marriage contracts after nikah siri and to examine its relevance from the perspective of maqashid al-sharia. This research employs a qualitative method with a case study approach involving three Muslim participants who conducted a religious marriage contract before official state registration. Data were collected through in-depth interviews and analyzed using descriptive-analytical techniques. The findings indicate that the initial religious marriage contract is perceived as a precaution (ihtiyath) to preserve honor and prevent actions that approach immorality during the wedding preparation period. The repetition of the marriage contract is not intended to validate the first contract but rather to obtain legal recognition and administrative protection. From the perspective of maqashid al-sharia, this practice aligns with the objectives of preserving religion, honor, and lineage.
Legal Protection For Children Who Are Victims of Sexual Violence So That Causes Mental Illness Disorders Manullang, Berliana Maya Agustina; Pakpahan, Kartina; Simanjuntak, Immanuel
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.v8i1.9426

Abstract

This research analyzes the legal protection provided to child victims of sexual violence who suffer from mental illness disorders, specifically examining Court Decision Number 2836/Pid.Sus/2022/PN.Mdn. Using a normative juridical method with statutory and case approaches, this study identifies that sexual violence against children results in profound psychological consequences, including trauma, depression, anxiety, and severe disorders such as PTSD, bipolar disorder, and schizophrenia. Although Indonesia has established a legal framework through the Child Protection Law and the Witness and Victim Protection Law to mandate rehabilitation and psychological support, its practical application often remains perpetrator-focused, leaving significant gaps in the victim's long-term mental recovery. In the analyzed case, the judge's considerations integrated the victim's severe mental state—characterized by self-harm and the need for intensive medical treatment—as a basis for sentencing. The study concludes that optimal legal protection requires a shift toward a victim-centered approach, necessitating stronger collaboration among law enforcement, healthcare providers, and the government to ensure comprehensive rehabilitation and the fulfillment of victims' rights.
Democratizing Local Legislation Through Public Participation: A Critical Analysis of Regulations in Central Sulawesi Safrin, Mohamad; Alief, Andi Reza; S, Irzha Friskanov
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.v8i1.9320

Abstract

This study critically examines the legal dimensions, mechanisms, and barriers to public participation in the formulation of local regulations (perda) in Central Sulawesi. Employing a socio-legal approach that integrates normative analysis with empirical inquiry, the research evaluates compliance with the 1945 Constitution, Law No. 12/2011 (amended by Law No. 15/2019), Law No. 23/2014, and Ministry of Home Affairs Regulation No. 80/2015. Empirical data were gathered through in-depth interviews with 45 informants, observations at 12 public consultation forums, and document analysis of three strategic local regulations across four regions during 2021–2023. The findings reveal a significant implementation gap: public participation has been reduced to procedural formality, fundamentally contradicting the principle of openness. Three critical legal deficits were identified: (1) the absence of legal sanctions for procedural participation violations; (2) insufficient clarity in mechanisms for substantively accommodating public input; and (3) the lack of a public right of action against regulations enacted without adequate participation. The study concludes that multidimensional legal reform, coupled with a community-based deliberative participation model, is essential to fostering authentic and equitable democratization within the local legislative process.
The Ecological Epistemology of Leuit in Sundanese Indigenous Communities: Local Wisdom in Environmental Law Armansyah Armansyah; Ujang Badru Jaman
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.v8i1.9164

Abstract

The global ecological crisis requires environmental law that is not only technocratic but also contextual and participatory. This study reconstructs the Leuit ecological epistemology of the Sundanese indigenous community as a foundation for integrating local wisdom into Indonesian environmental law. In this study, which used a qualitative, critical ethnographic approach, data were collected through participatory observation, in-depth interviews, and legal–customary document analysis. Findings show that Leuit functions not merely as food storage but also as an ecological knowledge system that regulates spiritual, social, and environmental relations. Values such as murah-mawur, rewang, and customary prohibitions form a living legal system shaped by ritual and social consensus. As traditional leaders stated, "If the forest is destroyed, Leuit will be empty," while a full Leuit symbolizes preserved nature. The reconstruction highlights the integration of indigenous principles, empowerment of customary institutions, and ecologically grounded sanctions, proposing decolonization of environmental law to recognize local knowledge within national legal pluralism.
The Fiduciary Guarantee Revolution: Optimizing Trademark Rights to Accelerate Banking Financing in Indonesia Moh. Fadlan Wahidji; Nur Mohamad Kasim; Weny Almoravid Dungga
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.v8i1.9220

Abstract

This study examines the legal and implementation challenges of using trademark rights as fiduciary guarantees to accelerate bank financing in Indonesia. Employing normative legal research with statutory and conceptual approaches, the analysis covers the Civil Code, Fiduciary Guarantee Law, Trademark Law, Copyright Law, Patent Law, and Creative Economy Law. The findings reveal that trademark rights, classified as intangible movable assets under the Civil Code, possess a sound juridical foundation for fiduciary security. However, there is normative disharmony: the Trademark Law remains silent on fiduciary transfers, while copyright and patent laws explicitly authorize them. The Creative Economy Law resolves this ambiguity by expressly permitting trademarks as fiduciary collateral. Despite this normative progress, implementation in Indonesian banking practice remains unrealized due to fundamental obstacles, including complex valuation, the absence of specialized institutions and standardized methodologies, prudential concerns, and a lack of uniform operational protocols. Addressing these challenges requires coordinated efforts among the government, financial authorities, and banks to develop valuation infrastructure, regulatory guidance, and internal banking capacity.
Problematics of Delegated Authority in Small-Scale Gold Mining Permit Issuance and Licensing Delays Chairul A. M Tulie; Fenty U. Puluhulawa; Zamroni Abdussamad
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.v8i1.9221

Abstract

This study analyzes the urgency of strengthening the authority of Regional Governments to issue Small-scale Gold Mining Permits within the framework of the relationship between the Central Government and Provincial Governments, as part of equitable licensing decentralization. Strengthening regional authority is essential to support regional autonomy and improve the effectiveness of natural resource management based on local conditions and community needs. This research employs a juridical-empirical method with a qualitative approach, examining mining regulations and a case study in Gorontalo Province. Primary data were collected through interviews with relevant stakeholders, while secondary data were obtained from legal literature, policy documents, and official publications. The findings show that the current delegated authority system creates administrative limitations and delays in permit issuance. Therefore, this study proposes strengthening provincial government authority through an attributive model to accelerate licensing services, enhance administrative effectiveness, and reinforce the regional role in accountable and sustainable mineral and coal mining governance.
Criminal Liability for Triangle-Scheme Fraud in Motorcycle Buying and Selling (Study of Surabaya District Court Decision) Nurloise Viano; Yuli Yuliana
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.v8i1.9538

Abstract

Technological advancements have fueled complex cybercrimes, including the “triangular scheme” fraud in online transactions. This scheme introduces a novel issue: the emergence of dual victims (sellers and buyers) simultaneously harmed by perpetrators acting as fictitious intermediaries. This study aims to analyze the application of criminal elements in the Surabaya District Court Decision No. 2051/Pid.B/2025/PN—Sby and to identify obstacles to its enforcement. Using a normative legal method, this study found that the elements of Article 378 of the Criminal Code (KUHP) have been satisfied. However, the finding highlights a legal gap between the application of the Criminal Code and the ITE Law; the judge adjudicated the case under conventional criminal law and disregarded the ITE Law on the dissemination of misleading information, even though electronic means are central to the modus operandi. This gap risks creating a jurisprudential vacuum and exacerbating evidentiary challenges, which are often hindered by the volatility of digital evidence and the anonymity of perpetrators’ identities. This study underscores the need for the integrated application of the Criminal Code and the ITE Law, coupled with strengthened digital forensic capabilities among law enforcement, to ensure legal certainty and comprehensive protection for victims.
Communal Land Protection in Betung Kuning: Toward a Tripartite Legal Harmonization Naufal Asyirof; Widiya Yul; Rasmita Rasmita
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.v8i1.9559

Abstract

The protection of communal land remains a critical issue in Indonesia due to the gap between customary recognition and formal legal certainty. This study examines communal land governance through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) No. 14 of 2024 from the perspective of Islamic family law. Using an empirical qualitative approach, data were collected through interviews, observation, and document analysis in Betung Kuning Village. The findings reveal that communal land is socially recognized under customary law but largely unregistered, leading to boundary disputes, inheritance conflicts, weak legal standing, and limited economic utilization. From the perspective of Islamic family law, land registration is essential to ensure clarity of inheritance assets, protect heirs’ rights, and promote distributive justice in line with the principle of ḥifẓ al-māl. Although the regulation represents a progressive legal framework, its implementation faces challenges, including legal fragmentation, low legal literacy, limited historical documentation, financial constraints, and cultural resistance. This study proposes a tripartite harmonization model integrating customary law, Islamic law, and national law to support inclusive and sustainable communal land governance.
Juvenile Criminal Handling in Indonesia: A Review Through Gustav Radbruch’s Legal Purpose Theory Alief Abdul Haris; Siti Afiyah; Moh. Hudi; Ahmad Munir
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.v8i1.9657

Abstract

This study examines the imbalance in the application of justice, legal certainty, and legal expediency in handling juvenile criminal cases in Indonesia. The problem addressed concerns the extent to which regulations and practices in juvenile criminal justice reflect Gustav Radbruch's Legal Purpose Theory. This research aims to analyze the conformity between legal norms and their implementation with the values of justice, legal certainty, and expediency. The study employs a normative legal research method, drawing on statutory and conceptual approaches. Primary legal materials include laws and regulations governing juvenile criminal justice. In contrast, secondary legal materials include books, journal articles, and Supreme Court Annual Reports 2021–2025, particularly statistical data on juvenile criminal cases and diversion practices in Indonesian district courts. The findings demonstrate that, normatively, Indonesia's juvenile justice system has adopted restorative justice through diversion mechanisms, reflecting the values of justice and expediency. However, in practice, there remains an imbalance in implementation, particularly regarding legal certainty and the protection of victims' interests. Statistical data also reveal fluctuations in diversion success rates, suggesting inconsistent implementation across law enforcement institutions. In several cases, the dominance of expediency risks undermining substantive justice. Therefore, strengthening the implementation of juvenile criminal justice is necessary by prioritizing justice while maintaining a proportional balance with legal certainty and expediency.

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