Lampau Dan Sekarang: Analisis Kompetensi Absolut Dalam Perselisihan Hak Pada Pengadilan Agama

Abstract

religious justice is limited to 6 (six) areas, namely marriage, inheritance, will, hibah, waqf, and shadaqah. Further, in Article 50 of Law 7/1989 it is stated, that if there is a dispute of rights related to the areas in Article 49 paragraph (1), then it must be decided in a state court. In its development, related to the absolute competence of this religious court underwent changes with the birth of Law 3/2006. In Law 3/2006, in addition to related to the addition of absolute competence, there is also the addition of Article 50 paragraph (2) which regulates related to the dispute of rights to be the absolute competence of religious justice. Based on this background, then the formulation of the problem in this study is First, what is the absolute competence of the religious court? and Second, does the religious court have the authority to investigate disputes? This research is a normative legal research with legal, conceptual, and case regulatory approaches. Based on this research, it was found that First, in Law 3/2006, there are 3 (three) new areas of absolute competence in religious justice into marriage, heirs, wills, grants, waqf, zakat, infaq, shadaqah, and shariqah economics and in Law 3/2006 has removed the existence of the right of choice in matters of inheritance for Muslims, so it must absolutely go through religious justice and Second, with the addition of Article 50 paragraph (2) of Law 3/2006, then in the case of disputes, then if the fellow Muslims, then can directly through the courts in the religious judicial environment. This, in order to realize a quick, simple, and lightweight trial