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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 296 Documents
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Baitul Maal wat-Tamwil’s Financing Model to Support Micro Small and Medium Enterprises Moh Hamilunni'am; Nur Fatwa
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper discusses Indonesian Baitul Maal wat-Tamwil product innovations. BMT is still seen as exclusive, especially for micro, small, and medium enterprises. BMT still lacks dissemination. Its products also resemble banks'. Thus, it affects public perception of banking's equality with BMT. BMT is more complicated and easier than banking. BMT is everywhere but rarely used. Thus, MSME financing needs innovation. BMT's financing products should be promoted through new innovations and increased dissemination. Thus, banking products will differ from non-bank financial products in the future. Qualitative, descriptive-analytic, data-source-adapted data collection is used in this study. Interviews and observations collected data. Literature studies provided secondary data. After revising, reducing, analyzing, and presenting the data, conclusions and research results were written. This study found that BMT's Mudharabah Empowerment Card (MEC) can solve MSMEs' non-bank financial institution financing problems.
Analisis Yuridis Terhadap Pembiayaan Berbasis Kekayaan Intelektual dalam Ekosistem Ekonomi Kreatif di Indonesia Larasta Shabillia; Budi Santoso
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2871

Abstract

The creative economy is one sector that has potention to continue to be developed, along with the lack of availability of natural resources to be exploited. The government started to pay attention to the creative economy by establishing a provision in the form of Law Number 24 of 2019 concerning the Creative Economy. As regulated in PP No. 24 of 2022, the existence of an intellectual property-based lending system requires several parties to regulate intellectual property as collateral. Regarding the implementation of binding guarantees in the form of property rights debt, property rights procedures, and technical implementation in its enforcement, some need to be regulated further. In addition, financial institutions may be concerned about credit to creative economy actors because there are no clear rules at this time. This research method uses library research methods with a normative legal approach. The results of this study are the extraordinary potential of Indonesia's creative economy has not been able to develop optimally because the awareness of creative actors about the value of the creative economy has not been maximized, there is no synergy, coordination, and implementation related to intellectual property-based creative economy financing between government sectors to overcome economic creative problems.
Kepastian Hukum terhadap Objek Jual Beli Tanah yang Dimasukkan dalam Harta Boedel Pailit oleh Kurator Olivia Gunawan Putri; Budi Santoso
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2872

Abstract

The land sale and purchase agreement is not allowed to be carried out by parties who have existing rules. The application of the balance axis in the land sale and purchase agreement has been stated in the Civil Code (KUHPerdata) in article 1320 paragraph (1). The article wants a balance in a relationship that has been formed by the parties, both the seller and the buyer. At this time there are various new problems that arise, both in terms of the agreement and in terms of the object (land) of the land sale and purchase agreement. As for one of the problems that are often encountered, a land sale and purchase agreement is found, in which case the land as the object of sale and purchase is not entirely voting rights or is not under the control of the seller. The object (land sale and purchase) has been designated as the bankruptcy estate by the curator who has the authority. This research method is a type of library research (library research) using a juridical-normative approach. In this study, based on the title and problem formulation, the researchers used descriptive qualitative research analysis. The results of this study that the sale and purchase of land on objects declared as boedel bankrupt assets has the legal consequence of canceling the sale and purchase agreement, where it does not meet Article 1474, Article 1320, and Article 1330 paragraph (1) of the Civil Code regarding the conditions for the sale and purchase agreement. Legal certainty related to this is the existence of compensation from the seller/bankrupt party to the buyer in accordance with Article 1471 and Article 1243 of the Civil Code. In Article 36 of Law 37 of 2004 concerning bankruptcy and PKPU wherein the object of sale and purchase which is the property of the bankrupt boedel the buyer can be declared a concurrent creditor for this matter from the bankrupt which must also be fulfilled the words of the sale and purchase agreement.
Identifikasi Pemberdayaan dan Sertifikasi Halal Pada UMKM oleh Lembaga Zakat di Bangkalan Madura Muttaqin Choiri; Alan Su'ud Ma'adi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2289

Abstract

Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.
Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia Iswandi Iswandi; Bukhari Bukhari
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2369

Abstract

This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.
Gerakan Bahagia Bersama Tetangga (GBBT): Analisis Implementasi Distribusi Dana ZIS di Desa Pacar Peluk Kecamatan Megaluh Kabupaten Jombang Salma Utiya Hikmah; Muttaqin Choiri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2376

Abstract

Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.
Tindak Pidana Kekerasan dalam Rumah Tangga terhadap Perempuan Korban Pernikahan Dini Selama Pandemi Covid-19 Ahmad arie Yudha; Yunanto Yunanto
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

During the pandemic, the number of applications for marriage dispensation in Indonesia has increased. Marriages carried out when the man or woman as the prospective bride are underage are included in the category of violence against children. When a marriage is motivated by coercion or certain conditions, there will be high vulnerability in marriage, especially for women, this vulnerability includes the quality of health, vulnerability as a victim of domestic violence, education, and mental health. It is not only married women who are vulnerable, but the children of the marriage are also vulnerable. This research is a qualitative research whose implications are descriptive analytical. In connection with this approach, the type of normative juridical approach used is the legal approach. The results of this study are the factors behind the existence of violence against women victims of early marriage during the Covid-19 period, including the pandemic situation itself, job exposure, unequal programs related to a comprehensive understanding of sexual and reproductive health rights, as well as the presence of misuse of information. Proper legal protection for them is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that during recovery victims will receive services in the form of health workers, social workers, companion volunteers and spiritual guides
Analisis Kebijakan Pemberian Penghargaan dan Pengenaan Sanksi Atas Pelaksanaan Anggaran Pendapatan dan Belanja Daerah Shinta Tri Lestari; Henry Darmawan Hutagaol
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2699

Abstract

The administration of regional government is part of the administration of the NKRI government which mutually forms authority and financial relations between them. The enactment of Law Number 1 of 2022 perfects the pattern of central and regional financial relations and increases control from the central government over the implementation of the APBD through reward and punishment. The problem is how the policy of awarding and punishment is based on Law Number 1 of 2022 and efforts to improve it. Through normative juridical research methods and by making comparisons with China, it can be concluded that the policy of awarding and sanctioning is a form of responsibility of the central government as the giver of authority along with the allocation of funds as well as supervisors to ensure improvement and/or achievement of local government performance in terms of regional financial management , government public services and basic services. Efforts to improve it are carried out by improving financial governance in accordance with the concept of performance-based budgeting, paying attention to the placement of staff, the budgeting process through community participation, timely determination of technical guidelines and implementation instructions for budget disbursement, as well as correction of the APBD through central supervision which directly supervises regional development. Looking at the policies in China, there is an expansion in the form of awards that are given not only as incentives in the form of additional money but also by giving more authority to the regions.
Criminological Review of the Influence of Kameko Drink on Juvenile Perpetrators of Assault Crimes Saharuddin Saharuddin; Abdul Jabar Rahim; Kamaruddin Kamaruddin
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2713

Abstract

The aim of this research is to determine the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector and to determine the efforts of the Kulisusu sector police in preventing the circulation of Kameko drink among children. The approach method used in this study are using several approaches as whole unities, which are statute approach, case approach, and conceptual approach The research was conducted in the Kulisusu sector police area. The data sources consist of primary data supported by secondary data. Data collection techniques used were interviews and observations. The analysis technique used is qualitative descriptive method. The results of this research show that the factors influencing children's consumption of Kameko drink in the legal jurisdiction of Kulisusu sector can be grouped into determining factors and supporting factors. consuming alcohol makes children unable to focus on school, disrupt their studies, experience memory or memory problems, and increase the risk of suicide. Efforts made to combat the circulation of Kameko drink in the legal jurisdiction of Kulisusu sector include preventive and repressive measures.
PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Filemon Halawa; Ampuan Situmeang; FL Yudhi Priyo Amboro
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).

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