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Al-Manhaj
ISSN 2686-1607 · INSURI Ponorogo · 389 articles in the index
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Journal Article
The Effectiveness of Regional Representative Councils: An Analysis of Checks and Balances and the Protection of Indigenous Peoples Rights
Following the reform, the establishment of the House of Regional Representatives (DPD) is a crucial component of the revitalization of the Indonesian constitutional system. This study examines the role of DPD in the bicameral system, as well as the regulations governing its authority in relation to…
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Journal Article
An Examination of Shura Principles in the National Legislation System
This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura…
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Journal Article
Judicial Decisions and Legal Autopoiesis: Law as a Living System
Law, as a living system, evolves through continuous communication, enabling it to adapt to social changes and technological advancements. This research examines the question of how law reproduces itself within the framework of judicial decision-making in Indonesia, to explain the theoretical and…
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Journal Article
Restorative Justice in the KUHP and Protection of Sexual Violence Victims
The revision of Indonesia's Criminal Code (KUHP) introduces restorative justice as a mandatory consideration in sentencing, requiring judges to evaluate forgiveness from victims or their families as part of the sentencing process. This study examines the implications of this provision when applied…
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Journal Article Full text
Perlindungan Hukum Terhadap Wanprestasi dalam Sewa Menyewa dengan Pejabat Pemerintah yang Diganti" (Studi Kasus PN Kutai Barat No. 56/Pdt.G/2020)
In the lease agreement, it can be understood that where one party binds himself to give enjoyment of an item to another party, for a certain time with payment that the party can afford. The problem raised in this case is that the tenant is an official representing a government agency who does not…
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Journal Article Full text
Kepastian Hukum Akta Jual Beli Tanah Di Bawah Tangan Yang Disahkan Oleh Notaris Di Kabupaten Sidenreng Rappang Provinsi Sulawesi Selatan
Article 37 paragraph (1) PP No. 24 of 1997 concerning land registration, explains that the transfer of land rights can be carried out by transferring rights such as sale and purchase, exchange, gift, auction, inheritance, transfer of rights due to merger or consolidation and other transfers of…
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Journal Article
The Role of Legal Politics in the Recovery of State Financial Losses Due to Corruption
Corruption crimes have caused very large losses to the state and can have an impact on the emergence of various crises in various fields such as social life, nationhood, and statehood. Therefore, a legal enforcement method is needed through the establishment of a special body that has broad…
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Journal Article
Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective
Incestor incestuous sexual relations are acts that are prohibited by law, including customary law and Islamic law. The prohibition of incest in the legal context is categorized as a crime that damages the basic social order of society. This study aims to explore how sanctions are applied to incest…
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Journal Article
The Influence of Political Configuration in The Creation of The New KUHP (An Examination of the New Wave of Indonesian Democracy in the Reformation Era)
The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the…
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Journal Article
Implications Emergence Platform Tiktok Shop Against Regulations Trade in Indonesia (Analysis of Minister of Trade Regulation No.31 of 2023)
The rapid development of technology has significantly impacted various aspects of human life, one of which is TikTok Shop, a social trading platform in Indonesia that has triggered legal issues and disrupted the e-commerce landscape. This research explores the analysis of Permendag No. 31 of 2023…
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Journal Article
Potential Cybercrime and Prevention in the Overseas Official Travel Approval Letter
The aim of this research is to the potential for cybercrime and its prevention in foreign official travel approval letters. The research method used is normative juridical. The data collection technique is library research. The data analysis technique is descriptive qualitative which is used in the…
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Journal Article
Going Further in Combating Transnational Bribery: Voluntary Disclosure and Federal Transparency in America's Foreign Corrupt Practices Laws
The purpose of this research is to analyze the role of incentives and mitigation strategies related to voluntary reporting in enforcing anti-corruption laws, especially in the context of the Foreign Corrupt Practices Act (FCPA) in the United States. This study shows that voluntary disclosures made…
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Journal Article
Gender Justice in Saudi Arabia: Sociotechnical Institutions' Approach to Addressing Domestic Violence Against Women and Men
The aim of this research is to determine the effectiveness of a sociotechnical institutional approach in overcoming domestic violence against women and men in Saudi Arabia with a focus on achieving gender justice. This research uses an extensive literature review method by examining scientific…
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Journal Article
Community Understanding of Obligations as a Recipient of PKH Assistance in the Perspective of Islamic Law
Understanding the obligations of PKH recipients helps the community understand that the assistance received must be used wisely and follow the program's objectives. Communities that understand the importance of good management will be more likely to use the assistance to improve family welfare…
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Journal Article
The Role of the Investment Alert Task Force as a Form of Consumer Protection Against Fraudulent Investments
This research delves into the function of the task force in bringing attention to questionable investments via consumer protection measures, particularly in cases when several individuals fall prey to fraud resulting from these questionable investments. The major foundation for integrating and…
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Journal Article
Freezing Of Single Woman's Egg Cells According To Sadd Al-Dzari'ah Analysis
Egg freezing is a form of artificial insemination method legally permitted in emergencies. Still, the current phenomenon is that many women use it to postpone marriage and postpone having children at a young age with the desire to have children in their old age. Therefore, the author is interested…
Also available at: DOAJ
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Journal Article
Model of Swamp and Peat Area Protection Policy Based on Justice and Local Community Empowerment
Peatland management in Kutai Kartanegara faces major challenges, especially due to the expansion of the coal mining industry. Regional Regulation No. 1 of 2016 is designed to protect peat swamp ecosystems and support the welfare of local communities, but its effectiveness is questionable amid the…
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Journal Article
Reinterpreting Constitutional Law through the Lens of Islamic Sufism: A Theosophical Approach to Governance and Legal Principles
The fundamental principles of constitutional law are outlined concisely, though they are reinterpreted in this work through the philosophical lens of Sufism. While these principles are traditionally embedded in constitutional texts, they are reconceptualised here based on Sufi thought. Key concepts…
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Journal Article
Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia
The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an…