The Program of Circuit Isbat Nikah as the Embodiment of Access to Justice in Indonesia (original) (raw)

THE RELIGIOUS COURT IN INDONESIA: A Preliminary Overview of Mahkamah Syar’iyah Aceh

An Act to regulate the Religious Court (PA) as one of the judicial institutions in Indonesia experienced changes in its history. One of the factors that influence these changes were political and social circumstances that occur both in government and in society. This can be seen in Aceh especially when the Indonesian Government has seriously accelerated development of Mahkamah Syar'iyah, sharia court that have enlarge its jurisdiction including a number of minor shari`a criminal offences (jinayah). This phenomena historically has long process particularly since the early twentieth century where Acehnese people had always struggled in order to regain their special autonomous rights in applying Islamic law. This paper discusses the social and political influences on the existence of religious courts in Indonesia.

[21PacRimLPolyJ043] The Training, Appointment, and Supervision of Islamic Judges in Indonesia

2012

I. IntroductionThe administration of Islamic justice began to take root in the Indonesian Archipelago in the period of Islamic kingdoms around the fifteenth century.1 The Dutch colonial administration formally recognized Islamic legal institutions in 1882 when it issued a royal decree establishing a system of tribunals called priesterraad (priest's courts) with the power to decide Muslim matrimonial and inheritance cases in Java and Madura.2 After Indonesia gained its independence in 1945, the new government expanded the system of Islamic courts to cover the entire country.There are currently 343 first instance Islamic courts and 29 Islamic appeals courts nationwide. The first instance courts are established at the regency level while the appellate courts exercise a province-wide jurisdiction.3The supervision of the Islamic courts was, for many years, divided between the Ministry of Religion, which exercised administrative authority over the courts, and the Supreme Court, which ...

The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

Al-Manahij: Jurnal Kajian Hukum Islam

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity...

Sharia Judges Role in Indonesia: Between The Common Law and The Civil Law Systems

Mazahib

This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.

Judicial Commission Role to Handle Contempt of Court in Indonesia from the Perspective of Islamic Legal Thought

European Journal of Law and Political Science

Contempt of Court still occurs in many courts in Indonesia. Therefore, the government established the Judicial Commission of the Republic of Indonesia to maintain the dignity and dignity of the courts in Indonesia. This study discusses how the Judicial Commission of the Republic of Indonesia plays a role in handling the Contempt of Court in Indonesia from the perspective of Islamic Legal Thought. This research is literature with a qualitative approach. Data was collected through literature studies in the form of laws, books, and journals. The collected data is analyzed descriptively with a deductive model. This research shows that the Judicial Commission has been essential in preventing the Contempt of Court in Indonesia. The Judicial Commission of the Republic of Indonesia carries preventive and repressive actions. Preventive actions are carried out to avoid the Contempt of Court, while repressive actions are carried out to deal with the Contempt of Court in Indonesia. In Islamic l...

The Islamic Legal System in Indonesia

This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-level religious official called the penghulu acted as chair and was assisted by member judges chosen from the local religious elite. The courts were authorized to decide matrimonial and inheritance disputes, but execution of the courts’ decisions required an executory decree from the civil court. The system was expanded to south Kalimantan in the 1930s, but at the same time the jurisdiction over inheritance was transferred to the civil courts. At independence, the Islamic judiciary was placed under the authority of the Ministry of Religion, which used executive powers to expand the system to other parts of the country. It was not until 1989 with the passage of the Religious Judicature Act that the existence of the courts was guaranteed by statute. The 1989 Act also vested the courts with enforcement powers and mandated changes in the organization and staffing of the courts modeled after the parallel system of civil courts. The substantive jurisdiction of the courts has also been expanded to include inheritance cases as well as a so far little-used power to decide cases involving economic transactions based on Islamic law. In 2004, the administrative supervision of the Islamic judiciary was transferred from the Ministry of Religion to the Supreme Court. In 1999, the province of Aceh was granted special autonomy status that included the authority to enforce Islamic law in areas beyond the established jurisdictions of Shari‛a courts in the rest of the country. These developments add a new dimension to the institutional structures for the practice of Islamic law in the country.