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 820 Documents
 78   79   80   81   82 
Confidentiality of Doctors Handling Patients in Hazardous Communicable Disease Programs, Jambi City Ratna Sugiati; Imam Ropii; Carolina Kuntardjo
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.v8i1.8574

Abstract

This study examines the implementation of doctors' professional confidentiality in the care of patients with hazardous communicable diseases at Community Health Centers in Jambi City. It focuses on the legal and ethical tension between mandatory disease reporting and patient privacy. The research employs a non-doctrinal legal research design with a qualitative approach. Data were collected through in-depth interviews with doctors and infectious disease officers, field observations, and analysis of relevant health laws, regulations, and professional codes of ethics. Participants were selected using purposive sampling. The findings show that confidentiality is generally maintained in accordance with health legislation and medical ethical standards through restricted access to patient information, separation of sensitive data, and controlled use of electronic medical records. However, three major challenges were identified: pressure to disclose patient identities, patient reluctance to cooperate due to stigma and fear of discrimination, and vulnerabilities in digital data management systems. These conditions place doctors in a dilemma between maintaining confidentiality and fulfilling public health reporting obligations. The study concludes that effective protection of medical confidentiality requires ethical commitment, clear operational procedures, and stronger data security measures to protect patient rights while supporting communicable disease control.
Analysis Conceptual Economic Acceleration in Framework Maqashid Al-Syariah: An Overview Systematic to Social Welfare (Al-Falah) Nafi'ah Nafi'ah; Maulida Agustina Hidayatul Wahidah
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.v8i1.8732

Abstract

This study aims to analyze the draft acceleration adopted in Indonesia's fiscal policy, especially in the 2025 State Budget, and to reconstruct it within the framework of Maqashid Al-Shariah to realize a holistic social (al-falah) research. Use a qualitative approach with a systematic literature review through content analysis and a conceptual framework to the literature economy, conventional Islamic economics, as well as the document policy government. Research results show that a GDP-growth orientation and macro indicators still dominate the paradigm of accelerating the economy, and therefore are not yet capable of ensuring distributive justice, ecological sustainability, and social-spiritual welfare. Identified existence dissonance between a growth economy and a quality welfare society, marked with inequality, jobless growth, and neglect of externalities, social and environmental. Reconstruction-based Maqashid Al-Shariah offers an acceleration model for an economy oriented towards the balanced protection of religion, soul, mind, descendants, and property. Research recommends reformulation indicator development through Maqashid Development Index, strengthening policy redistributive based on zakat and taxes progressive, expansion of social protection, as well as integration of market ethics and sustainability in the national economy policy.
Debt Collector Ethics in Comparative Perspective Toward Balancing Creditor Interests and Consumer Protection: (Case Study of Kotamobagu District Court Decision Number 97/Pdt.G.S/2022/PN Ktg) Raihan Ramadhan Hayatuddin; Citraresmi Widoretno Putri
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.v8i1.9565

Abstract

Debt collection practices by third-party collectors generate persistent tension between the contractual rights of financing institutions and the legally protected entitlements of consumers. This study examines how debt collection ethics can be structured to simultaneously serve creditor interests and safeguard consumer rights, employing a normative juridical methodology with comparative and case-based approaches across four jurisdictions: Indonesia, the United States, the United Kingdom, and Australia. Analysis of the Kotamobagu District Court Decision Number 97/Pdt.G.S/2022/PN Ktg reveals that violations of collection ethics impose direct legal liability on financing institutions. The comparative analysis demonstrates that Indonesia's regulatory framework remains fragmented and lacks enforcement coherence, in contrast to the dedicated federal statute of the United States, the United Kingdom's mandatory licensing regime, and Australia's substantial financial penalties. This study concludes that equilibrium between creditor and debtor interests is achievable only through five core ethical principles: transparent communication, proportionality of enforcement, strict adherence to fiduciary execution procedures, respect for fundamental consumer rights, and full institutional accountability for collector conduct. These findings underscore the urgency of enacting a comprehensive, standalone regulatory instrument governing debt collection in Indonesia.
Criminal Tax Law Strategy Regarding Fictitious Tax Invoices for Business Sustainability Nathan Thomas; Nourma Dewi; Firstnandiar Glica Aini Suniaprily
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.v8i1.9599

Abstract

This study aims to examine criminal tax law provisions in Indonesia relating to the issuance of fictitious tax invoices, as well as to analyze criminal law enforcement strategies applicable to cases of fictitious tax invoices at PT PP. A fictitious tax invoice is an invoice issued without any actual transaction to reduce tax liabilities. This research is a normative study using a case and statistical approaches. The results show that the Indonesian taxation system, such as VAT, adopts a self-assessment system that is exploited for fraud, including fictitious tax invoices, as happened to PT PP. As a result, the DGT issued a warning, deactivated access to tax invoice creation, and is potentially subject to administrative sanctions in the form of a 100% increase in unpaid VAT in accordance with Article 15 paragraph (2) of the KUP Law. In addition to administrative sanctions, the issuance and/or use of fictitious tax invoices based on Article 39A of the KUP Law is punishable by a maximum imprisonment of 6 years and a maximum fine of 6 times the amount of tax in the tax invoice.
From Protection to Justification: Distorting Maqāṣid al-Sharīʿah in Child Marriage Sri Nanang Meiske Kamba; Mutia Cherawaty Thalib; Waode Mustika; Moh. Taufiq Zulfikar Sarson
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.v8i1.9607

Abstract

This article investigates the distortion of maqāṣid al-sharīʿah within the practice of child marriage in Indonesia, where a normative framework intended to safeguard protection is increasingly reinterpreted as a mechanism for social legitimation. This research seeks to critically examine the selective deployment of maqāṣid al-sharīʿah in judicial decisions on marriage dispensation and to uncover internal tensions among the objectives of Islamic law concerning child welfare protection. We employ a normative legal research design using conceptual and case-based approaches drawing upon statutory regulations, court rulings, and both classical and contemporary maqāṣid literature. The findings reveal that judicial reasoning in dispensation cases tends to overemphasize the protection of honor (ḥifẓ al-‘ird) while marginalizing essential safeguards such as life (ḥifẓ al-nafs) and intellect (ḥifẓ al-‘aql). This pattern produces a pseudo-maqāṣid phenomenon and reflects underlying power relations in legal construction shaped by prevailing social pressures. This study concludes that a methodological reconstruction is required for the application of maqāṣid through a hierarchical and contextual framework that prioritizes child protection, ensuring that Islamic law operates as an instrument of substantive justice rather than mere normative legitimacy within the Indonesian judicial practice.
Reconstructing State Financial Audit Authority Post-Constitutional Court Decision No. 28/PUU-XXIV/2026 Aslan Noor; Dea Eka Rizaldi; Yusup Suprianto; Andri Irawan; Choirul Adeffian
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.v8i1.9700

Abstract

Indonesia's constitutional framework assigns the Financial Audit Agency (BPK) an exclusive audit mandate under Article 23E (1) of the 1945 Constitution. However, persistent institutional dualism has allowed bodies such as BPKP and APIP to calculate state financial losses in corruption proceedings, thereby generating fundamental legal uncertainty. The normative ambiguity of Articles 603 and 604 of Law Number 1 of 2023 on the Criminal Code, which fail to designate the authorized institution or measurement standard for state losses. This study examines how audit authority may be defined in terms of normative criteria and the implications of Constitutional Court Decision Number 28/PUU-XXIV/2026 for Indonesia's state financial accountability system. A normative legal method is employed, combining statutory, conceptual, and case approaches with systematic, teleological, and historical interpretation. The study finds that the audit authority is of an attributive-constitutional character, grounded exclusively in Article 23E. The decision institutionally repositions BPKP and APIP as internal oversight bodies, procedurally obligates law enforcement to rely on BPK findings, and constitutionally reinforces legal certainty under Article 28D paragraph (1). This study contributes to the concept of constitutionalization of audit authority as a framework for understanding how independent oversight institutions are embedded within and protected by the constitutional order.
Reassessing the Export Proceeds Retention Policy and Its Impact on Corporate Liquidity: Evidence from Indonesia’s Coal Sector Raymond Erlangga Siringoringo; Diani Sadiawati
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.v8i1.9728

Abstract

This study addresses the microeconomic vulnerabilities of capital-intensive sectors subjected to macro-monetary state interventions. While prior research predominantly evaluates natural resource export proceeds (Devisa Hasil Ekspor Sumber Daya Alam / DHE SDA) through a macro-monetary lens, a critical analytical gap persists regarding the impact of aggressive foreign-exchange retentions on corporate financial viability. Employing a convergent parallel mixed doctrinal-normative and empirical single-case study of the Indonesian coal mining sector under Peraturan Pemerintah Nomor 8 Tahun 2025, this paper examines compounding regulatory burdens and systemic legal antinomies. Normative findings reveal a severe validity flaw, as the 100% retention mandate violates the statutory foreign exchange freedoms guaranteed under Undang-Undang Nomor 24 Tahun 1999. Empirically, simulations demonstrate that freezing export proceeds for 12 months creates chronic cash flow mismatches, forcing corporations into high-cost commercial refinancing that erodes net profit margins by 9% to 27% and causes severe market asymmetries favoring large-scale conglomerates over vulnerable mid- to low-tier enterprises. Theoretically, this study bridges the economic law and corporate governance literature by conceptualizing a unique "compounding regulatory burden" framework. In practice, it offers actionable policy reforms for adaptive, conditional, and downstream-linked foreign exchange models to preserve private-sector survival without compromising sovereign monetary defense.
Legal Protection for Soccer Supporters in Riots at Gelora Joko Samudro Stadium in Gresik Qalbi Alif Syah Putra; Deni Setiyawan
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.v8i1.9760

Abstract

The research discussed the legal protection for supporters who became victims at Gelora Joko Ocean Stadium by treating supporters as legal subjects in sports activities. This research aims to analyze the legal protections provided by legislation, the responsibilities of officials, the safety of supporters, including matches and clubs, and the obstacles to their implementation. The method used is a jurisdictional research approach, drawing on legislation, cases, empirical studies, and conceptual work. Data were obtained through interviews, field observations, and documentation of legislation and related legal documents. Research results indicate that legal protection for supporters is provided in the Act and the Book of Criminal Law, but implementation remains suboptimal. Weak law enforcement, lack of coordination between parties, lack of law, officials, and clubs in running responsibility, and the club in running responsibility for supporters. This research concluded that the legal protection for supporters is still adequate, although Law Number 11 years has given support and participation to the coordination and participation in the coordination.
Consumer Protection Through Information Transparency in Indonesia’s Property Technology System Maharani Husnul Khotimah Yusri Dewi; Muthia Sakti
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.v8i1.9797

Abstract

The real estate sector plays a strategic role in Indonesia's economic development, particularly amid the rapid growth of apartment construction. However, this expansion has raised legal issues, particularly regarding the lack of transparency regarding the ownership status and legal validity of the apartment units offered to consumers. This study analyzes the role of Property Technology (PropTech) in ensuring legal certainty and consumer protection within the framework of Law Number 20 of 2011 on Apartment Buildings, Law Number 8 of 1999 on Consumer Protection, and other relevant regulations. The research employs a normative legal method, drawing on statutory, conceptual, and case-based approaches. The analysis is based on primary, secondary, and tertiary legal materials, including legislation, legal doctrines, court decisions, and relevant literature. Unlike existing studies that emphasize the technological and economic dimensions of PropTech, this research investigates its legal implications and capacity to strengthen transparency, legal certainty, and consumer protection in apartment ownership transactions, as data and information provided by developers are digitally documented and may serve as evidence in dispute resolution. In conclusion, PropTech has significant potential to function as a digital instrument that promotes transparency, strengthens legal certainty, and enhances legal protection for apartment consumers in Indonesia.
State Responsibility And Substantive Justice: Land Acquisition For UIII Development In Depok Gilang Putra; Atik Winanti
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.v8i1.9964

Abstract

The study finds that in Decision Number 259/Pdt.G/2021/PN Dpk, the panel of judges emphasized procedural legal certainty by declaring the claim inadmissible (niet ontvankelijke verklaard) on the grounds of a defect of parties (plurium litis consortium), resulting in the substantive issues of land ownership and possession remaining unaddressed. While the dispute was formally concluded under civil procedural law, the decision raises important concerns regarding the state's obligations to communities affected by land acquisition for public purposes. Adopting an administrative law perspective, this study argues that the procedural disposition of the case should not be construed as eliminating the state's responsibility to resolve outstanding claims stemming from the exercise of public authority in development projects. Referring to Hans Kelsen's Theory of State Responsibility, the study maintains that the procedural outcome of Decision Number 259/Pdt.G/2021/PN Dpk does not absolve the state of its duty to provide legal protection, acknowledge legitimate community interests in land, and guarantee meaningful access to justice. Accordingly, the implementation of land acquisition for public purposes should strike a balance between procedural legality and the substantive protection of community land rights to promote legal certainty, justice, and public trust.

Page 82 of 82 | Total Record : 820

 78   79   80   81   82 

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