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All Journal Tahkim (Jurnal Peradaban dan Hukum Islam) Al-'Adalah IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Jurnal Asy-Syari'ah Jurnal Studi Agama dan Masyarakat MAHKAMAH: Jurnal Kajian Hukum Islam Usroh: Jurnal Hukum Keluarga Islam Jurnal Ilmiah Peuradeun El-Usrah: Jurnal Hukum Keluarga Khazanah Hukum Sakina: Journal of Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Minhaj: Jurnal Ilmu Syariah Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Muttaqien; Indonesian Journal of Multidiciplinary Islamic Studies Jurnal Syntax Fusion : Jurnal Nasional Indonesia SAMAWA : Jurnal Hukum Keluarga Islam ARRUS Journal of Social Sciences and Humanities Al-Mutsla: Jurnal Ilmu-Ilmu Keislaman dan Kemasyarakatan Al-Muamalat : Jurnal Ekonomi Syariah Sosietas: Jurnal Pendidikan Sosiologi Jurnal Locus Penelitian dan Pengabdian Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Penelitian Ilmu Ushuluddin PATTIMURA Legal Journal Innovative: Journal Of Social Science Research Fastabiq: Jurnal Studi Islam Mawaddah: Jurnal Hukum Keluarga Islam Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law Sultan Adam : Jurnal Hukum dan Sosial USRATUNA: Jurnal Hukum Keluarga Islam Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Saepullah, Usep
UIN Sunan Gunung Djati Bandung
Religion Aerospace Engineering Arts Humanities Automotive Engineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Pelimpahan Kuota Jamaah Haji Yang Meninggal Kepada Ahli Waris Kiking Mulyadi; Aden Rosadi; Usep Saepullah
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 3 (2025): Agustus : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i3.781

Abstract

The performance of the Hajj pilgrimage is one of the pillars of Islam that must be fulfilled by Muslims who possess the ability (istita'ah). Due to the overwhelming number of applicants and the restrictions on the number of pilgrims allowed to depart each year imposed by the Saudi Arabian government, the Ministry of Religious Affairs of the Republic of Indonesia has limited the departure of prospective Hajj pilgrims through a quota system and the allocation of waiting numbers known as "nomor porsi" (quota numbers). One consequence of this situation is that some prospective Hajj pilgrims who have registered and received their quota numbers may pass away before their departure. To address this issue, the Director General of Hajj and Umrah Implementation has issued Decree Number 130 of 2020, which allows for the transfer of quota numbers to one of the heirs of a deceased prospective Hajj pilgrim who did not have the opportunity to perform the pilgrimage. The findings of the study indicate that the Hajj quota of a deceased prospective pilgrim is part of their rights that fall into the category of inheritance. When such a right falls into this category, it can become an inheritance that must be divided among heirs who meet the requirements.
Legal Certainty of Arbitration in The Settlement of Islamic Economic Civil Cases in The Perspective of Positive Law in Indonesia Saepullah, Usep
al-'adalah Vol 19 No 2 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i2.14384

Abstract

One of Law enforcement efforts can be conducted through a non-litigation approach. In this, arbitration can be seen as a non-litigation legal effort and can be used to resolve Islamic economic civil cases. So far, arbitration law effort has been regulated in the Law Number 30 of 1999 and is widely used in the law enforcement practices. This study uses a normative-juridical method and a qualitative approach. The sources and techniques of data collection refers to the number of relevant literatures, and also analyzed deductively and inductively. The results of this study show that legal certainty of arbitration in the settlement of Islamic economic civil cases in the perspective of positive law in Indonesia that regulated in regulated in the Law Number 30 of 1999 has proven to be quite effective in resolving Islamic economic civil cases. The benefit of Islamic economic civil cases settlement through arbitration is the parties have the same position in the form of equality before the law, the process is easy, not expensive, and a win-win solution. Moreover, arbitration can also guarantee legal certainty and justice for the disputing parties.
Domestic Violence in The Perspective of Civil and Islamic Criminal Law Saepullah, Usep; Hopipah, Eva Nur
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.19438

Abstract

The cases of domestic violence in Indonesia tend to increase from time to time. Based on data released by the National Commission on Violence Against Women in 2020, the number of domestic violence complaints received was recorded at 4,371, an increase from 4,322 cases in the previous year. From the perspective of Islamic criminal law, domestic violence is classified as jarīmah takzīr (criminal acts where the legal provisions are left to the discretion of the authorities) whereas in positive law domestic violence is regulated in Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. This research discusses domestic violence in Bandung and examines the methods for resolving cases at the Religious Courts and the Bandung Police. The aim is to find the characteristics and methods of resolving cases in the two institutions. This research is classified as field research using comparative methods. Data was obtained from the document available at the Bandung Religious Court and the Bandung City Police Station. This research finds that more domestic violence cases in Bandung City were resolved through criminal channels (police) rather than civil channels (Religious Courts). This research concludes that although both Islamic Law and Positive Law view domestic violence as a criminal act, there are differences in the methods of resolving them in the Religious Courts and Bandung Police. This is because the competence of each institution is different. The Religious Court only handles the civil side, while the Bandung Police handles the criminal side.
Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia Wahyudi; Juang, Ahmad Syarifudin; Saepullah, Usep; Abdulah Pakarti, Muhammad Husni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xy250n34

Abstract

This research was conducted with the aim of knowing the rights of adopted children and the protection of their rights in Indonesia. Child protection concerning various aspects of life and livelihood has been regulated in laws and regulations. In the practice of adopting children in Indonesia, there are still various ways, namely the adoption of children in a customary manner that adheres to Islamic teachings and legally through an application to the court. In fact, there are still many adoptions of children in a traditional manner so that the protection of their rights is not guaranteed. The method used in this study uses a normative juridical research method where legislation, books, journals and other sources that are considered relevant to the problem to be studied become the basis for research, and descriptive analysis is carried out by describing the facts. existing facts with normative juridical legal materials. The results obtained in this study indicate that the position of an adopted child in Islam does not sever the blood relationship between an adopted child and his biological parents, in contrast to civil law an adopted child is sever his relationship with his biological parents, in customary law the position of an adopted child depends on the jurisdiction, because some traditional areas in Indonesia differ in determining the position of adopted children. The protection of adopted children has the same position as children in general with the following protections, protection in the field of religion, protection in the field of education, protection in the health sector, protection in the social sector.
Politik Hukum Pengaturan Ahli Waris Pengganti dalam Pasal 185 Kompilasi Hukum Islam: Analisis Normatif dan Implikasinya Terhadap Sistem Kewarisan di Indonesia Fu’ad, Asep; Rosadi, Aden; Saepullah, Usep; Husain
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/e3fj4d24

Abstract

This research aims to analyze the concept of substitute heirs in Article 185 of the Compilation of Islamic Law (KHI) and its implications for the inheritance system in Indonesia. This research uses a normative juridical method with a legal political approach. This approach is used to explore the legal and policy background behind the arrangement of substitute heirs in KHI. The results show that although classical Islamic law, especially the Syafi'i school, does not recognize the concept of substitute heirs, KHI adopts a more inclusive approach. Article 185 of the KHI grants inheritance rights to descendants of heirs who have died before the testator, which is a political legal effort to achieve social justice in the context of Indonesian inheritance. Although this arrangement aims to create social justice, findings show that there are challenges in its acceptance in the community. Many Indonesians still hold strong customs and traditional understandings in the inheritance system. Therefore, more intensive socialization is needed to bridge the gap between the positive law and the local community's understanding of the prevailing inheritance system.
Pengembangan Kebijakan Penyelenggaraan Haji Berbasis Pada Kepentingan Jamaah Muchamad Ikbal; Aden Rosadi; Usep Saepullah; Nuryamin, Nuryamin; Mahas, Nurul Hudayanti
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.173

Abstract

This research discusses the development of policies for the implementation of the hajj in Indonesia that is oriented towards the interests of pilgrims. As the country with the largest number of pilgrims in the world, Indonesia faces various challenges in providing efficient, accountable, and responsive services. The purpose of this study is to analyze the implementation of the Hajj implementation policy based on the regulatory framework, especially Law No. 8 of 2019, as well as evaluate the effectiveness of its implementation in fulfilling the rights of pilgrims. This study uses a qualitative approach with a literature study method. The analysis was carried out on relevant policy documents, regulations, evaluative reports, and academic literature. The theoretical approach of public policy and excellent service is used as a basis for analysis in examining the dimensions of public services, the development of hajj officers, and fund governance by the Hajj Financial Management Agency (BPKH). The results of the study show that although there has been some progress in regulatory and institutional aspects, challenges such as complex bureaucracy, limited human resource capacity, and lack of transparency and public participation are still the main obstacles. However, there is potential for improvement through systemic reforms that emphasize management transparency, increased professionalism of officers, and the involvement of pilgrims in the evaluation process. In conclusion, the policy orientation that is in favor of the pilgrims not only ensures the safe and comfortable implementation of the hajj, but also reflects the state's commitment to fulfilling the constitutional rights of citizens. The strategic recommendations in this study are expected to be constructive input for policy makers in realizing more inclusive and sustainable Hajj governance.
Urgensi Mediasi dalam Penyelesaian Sengketa Perceraian di Pengadilan Agama Purwakarta: Upaya Meningkatkan Efektivitas Penyelesaian Perkara dan Meminimalkan Dampak Sosial Gussevi, Sofia; Rosadi, Aden; Saepullah, Usep; Muttaqin, Tajul; Alman, Jihan Fatiha
Muttaqien Indonesian Journal of Multidiciplinary Islamic Studies
Publisher : Muttaqien Publishing, Lembaga Penelitian dan Pengabdian kepada Mayarakat (P3M) STAI DR. KH.EZ. Muttaqien Purwakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52593/mtq.06.2.05

Abstract

Divorce resolution through litigation in the Religious Courts often has long-lasting social and psychological effects, especially for children and other family members. To mitigate these negative impacts, the Indonesian legal system requires mediation in all civil cases, including divorce, by Supreme Court Regulation (PERMA) No. 1 of 2016. This study explores the importance of mediation in resolving divorce disputes in the Purwakarta Religious Court, identifies existing challenges, and formulates strategies to improve mediation's effectiveness. The method used is normative juridical with a qualitative approach, supported by secondary data such as regulations, court decisions, and scientific literature. The results show that mediation plays an important role in achieving amicable settlements and reducing the caseload in court. However, the effectiveness of mediation remains low due to a lack of public understanding, a small number of certified mediators, and limited supporting facilities. Therefore, strategic steps are needed, such as increasing the capacity of mediators and providing adequate facilities, so mediation can be an effective solution in resolving divorce disputes.
The Legal Validity of Mediation in Marriage Annulment Cases Without the Respondent’s Presence Under Supreme Court Regulation No. 1 of 2016 Basri, Jelyna; Saepullah, Usep; Yuniardi, Harry
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18261

Abstract

This study examines the legal validity of mediation in marriage annulment cases conducted without the respondent’s presence, focusing on its conformity with the provisions of Supreme Court Regulation (PERMA) No. 1 of 2016 on Court-Annexed Mediation Procedures. Employing a normative juridical research method with statutory and conceptual approaches, the analysis draws upon primary legal sources, including PERMA No. 1 of 2016, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law (KHI), as well as relevant religious court decisions. Secondary sources consist of scholarly books, legal literature, and journal articles addressing mediation in marriage annulment and divorce cases. The findings indicate that, although marriage annulment proceedings are exempt from mandatory mediation, some religious courts still conduct mediation as a peace-seeking effort. However, declaring mediation successful in the absence of the respondent contravenes the fundamental principle of active party participation, undermines legal certainty, and potentially diminishes the protection of the rights of absent parties. The study concludes that mediation in annulment cases without the respondent’s presence lacks strong legal validity under PERMA No. 1 of 2016, and may generate procedural injustice and uncertainty in religious court practice. It recommends stricter judicial adherence to mediation procedures, particularly regarding the mandatory presence requirement when mediation is undertaken, even in exempt cases.
The Inter-Religious Marriage in Islamic and Indonesian Law Perspective Saepullah, Usep
Jurnal Ilmiah Peuradeun Vol. 7 No. 1 (2019): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v7i1.317

Abstract

The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.
The Legality of Abortion Without Spousal Consent in Islamic Jurisprudence Wahyudi, Wahyudi; Saepullah, Usep; Ilias, Ibtisam Ilyana
PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i2.19055

Abstract

Introduction: The issue of abortion without spousal consent remains a contentious topic in Islamic jurisprudence, reflecting broader debates on women's autonomy and reproductive rights within marriage. Islamic family law traditionally emphasizes mutual agreement between spouses in major decisions, including those related to pregnancy. However, the question of whether a woman can independently decide to terminate a pregnancy without her husband’s approval remains subject to differing interpretations among scholars and legal schools. Purposes of the Research: This study aims to investigate the legality and ethical implications of unilateral abortion by women under Islamic jurisprudence, focusing particularly on the role and requirement of spousal consent. Methods of the Research: The research adopts a normative legal methodology, conducting a textual and thematic analysis of primary Islamic legal sources, including the Qur’an, prophetic traditions (Hadith), and the classical juristic rulings (fiqh), alongside contemporary scholarly opinions and legal frameworks in Muslim-majority countries. Results Main Findings of the Research: The findings reveal that while most Islamic legal traditions require spousal consultation or consent, certain conditions such as threats to the mother’s life or health may justify a woman's independent decision to abort. The study underscores a spectrum of legal opinions, from those mandating strict spousal consent to those permitting unilateral decisions based on the principle of avoiding harm (darar), and suggests that a balance can be achieved through a maqasid al-shari'ah (objectives of Islamic law) approach that prioritizes the well-being of the mother while respecting the marital partnership.
Co-Authors Abdulah Pakarti, Muhammad Husni Abdullah Pakarti, Muhammad Husni Ade Jamarudin Ade Jamarudin Aden Rosadi Ahmad Fathonih Aidah, Yeni Alan Sparingga Alman, Jihan Fatiha Anggraeniko, Litya Surisdani Arif Maulana, Arif Azmi, Nofan Nurkhafid Basri, Jelyna Dede Kania Diana Farid Dzurriyyatus Sa'adah, Isqi encep Rifqi Ending Solehudin Eva Novita Restu, Cut Farhi, Eriz Rizqiyatul Farid , Diana Farid, Diana Fu’ad, Asep Gussevi, Sofia H. Hamzah Habib Mumtaz JR Hasan Bisri Hendriana Hendriana Hendriana Hendriana Hendriana, Hendriana Hidayat, Agi Attaubah Hopipah, Eva Nur Husain Husain Husain Ikmal Hafifi Ilias, Ibtisam Ilyana Imam Sucipto Iwan Setiawan Jaenudin Jaenudin Jefry Tarantang Juang, Ahmad Syarifudin Kiking Mulyadi Kusmardani, Alex Litya Surisdani Anggraeniko Mahas, Nurul Hudayanti Mahmudah Mahmudah Maulida Zahra Kamila Melinda, Linda Mohamad Rana Muchamad Ikbal Muh. Adistira Maulidi Hidayat Muhamad Kholid, Muhamad Muhammad Husni Abdulah Pakarti Muhammad Husni Abdulah Pakarti Mukhlas, Oyo Sunaryo Murni Rossyani Muttaqin, Tajul Nur Hopipah, Eva Nurohman Nurohman Nurrohman Nurrohman Syarif Nuryamin Nuryamin, Nuryamin Ramdani Wahyu Sururie Ridwan, Ahmad Hasan Safei, Abdulah Salsabila, Naila Seilla Nur Amalia Senja, Kinanti Sucipto, Imam Tajul Arifin Titing Oting Supartini WAHYUDI Wahyudi Wahyudi Wulan Permata Sari yahya Saepul Uyun Yuniardi, Harry