Legal Transplant in the Substance of the Authority of Religious Courts in Indonesia

Hasyim Sofyan Lahilote

doi:10.7176/jlpg/93-14

Abstract

This research is a study of the analysis of legal transplant in the substance of the authority of the Religious Courts in Indonesia as normative legal research using several approaches such as the legislative approach, the conceptual approach and the comparative approach. The results of this study find that in the authority of religious courts in Indonesia, there is the application of Islamic Law systems as one part of the legal source in resolving Islamic civil disputes in addition to using other legal norms derived from positive law. Islamic Law System is one of legal system that is not separated from the influence of other legal systems. Mixing between these legal systems occurs through legal transplant, such as the law of Conventional Banking based on Law Number 10 of 1998, which became the basis and reference for the establishment of the Sharia Banking legal system in Indonesia. These legal transplants are only distinguished by the enactment of Sharia Principles in Sharia Banking in particular and the Sharia Economy in general. In the latest development in the civil sector, there are various legal rules that are affected and originating from the Anglo-Saxon legal system which are transplanted into positive law and enforced in Indonesia. Keywords: Legal Transplants, Religious Courts, Legal Substance. DOI : 10.7176/JLPG/93-14 Publication date: January 31 st 2020

Highlights

The existence of the Religious Courts in the legal system in Indonesia is constitutionally regulated based on Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which reads: "Judicial Power is exercised by a Supreme Court and judicial body under it in a general judicial environment, the environment of the religious court, the military court environment, the state administrative court environment, and by a Constitutional Court. ”1
Based on the discussion that has been discussed previously, conclusions can be drawn in this study, as follows: 1. Religious Courts as one of the judiciary states have their constitutional rights and foundation in Indonesia
The duties and authority of the Religious Courts are increasingly extended to the field of sharia economics 2

Summary

Introduction

The existence of the Religious Courts in the legal system in Indonesia is constitutionally regulated based on Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which reads: "Judicial Power is exercised by a Supreme Court and judicial body under it in a general judicial environment, the environment of the religious court, the military court environment, the state administrative court environment, and by a Constitutional Court. ”1The Religious Court is a place or facility for Muslim people in resolving cases submitted to it. The existence of the Religious Courts in the legal system in Indonesia is constitutionally regulated based on Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which reads: "Judicial Power is exercised by a Supreme Court and judicial body under it in a general judicial environment, the environment of the religious court, the military court environment, the state administrative court environment, and by a Constitutional Court. The law of civil procedure in general is a legal regulation that regulates the process of settling civil cases through a judge (in court).. The concept and development after Indonesian independence, the religious court began to get its arrangement in Law No 14 of 1970 concerning the Basic Provisions of Judicial Power, which in Article 10 paragraph (1) states "Judicial Power is carried out by Courts in the environment: a.

Methods

Discussion

Conclusion