Position of Syar'iyah Aceh Court Based on the Law of the Republic of Indonesia Number 11 of 2006 Concerning the Government of Aceh

doi:10.7176/jlpg/118-15

Abstract

Before the Presidential Decree of the Republic of Indonesia No. 11 of 2003 concerning the Syar'iyah Court and the Syar'iyah Court of Nanggroe Aceh Darussalam Province, there were 2 (two) views on the establishment of the Syar'iyah Court with regard to Law No. 18 of 2001, First, the Syar'iyah Court is a separate judicial body outside the Religious Court and the High Court of Religion, Second, the Syar'iyah Court is the development of the High Religious Court and the Religious High Court. Which refers to Law No. 7 of 1989, concerning religious courts. But based on Article 1 paragraph (1) and (3) of KEPPRES Number 11 of 2003, the Existing Religious Court in Aceh Province was changed to the Syar'iyah Court and the Religious High Court in Banda Aceh was changed to the Provincial Syar'iyah Court, thus the second view contains the issue of court power when connected with the implementation of Islamic shari'ah as formulated in Aceh Provincial Regulation No. 5 of 2000, about the Implementation of Islamic Shari'ah which also covers the field of muamalah and jinayah. The power of the Religious Court and the High Court of Religious Affairs, namely the fields of Marriage, inheritance, wills, grants, waqaf, zakat, infaq, sahdaqoh, and sharia economy. On the other hand, it develops in Acehnese society that wants the power of the Syar'iyah Court more broadly both in the field of ahwal al-shakhsiyah (family law), muamalah (civil law), and jinayah (criminal law based on Islamic shari'ah'at. This paper will describe the position of the Shari'iyah Court based on Indonesia's positive law. Keywords: Position, Syar'iyah Court, Aceh DOI: 10.7176/JLPG/118-15 Publication date: February 28 th 2022

Highlights

At the beginning of the independence of the Republic of Indonesia, the existence of the Syar'iyah Court (Religious Court) in Aceh, in addition to being a continuation of the Religious Court in Japanese times, was based on the wire of the Governor of Sumatra Province dated February 22, 1947 Number 226/3/Djaps which contained an order to establish the Syar'iyah Court in Aceh. strengthened again by the decision of the Workers' Board of the Aceh People's Representative Council Number 35 dated December 3, 1947
Based on the description of the existence of Islamic Justice, especially the Syar'iyah Court in the past in Aceh as outlined above, that the presence of Islamic Sharia Justice conducted by the Syar'iyah Court in Aceh Province today, is not a gift from the central government to the people of Aceh, but rather a "Return of Rights of acehnese people who have been lost"
The birth of Law No 44 of 1999 and Law No 18 of 2001 and Law No 11 of 2006 brought great hope for the people of Aceh for the implementation of Islamic shari'ah in Aceh Province, and there is a very interesting and different study, especially regarding the position of the Religious Court in Aceh, whether it is in four judicial environments or is a special judiciary called the Syar'iyah Court in Aceh including the addition of its authority in aceh. completing the field of syar'iyah in Aceh including the addition of its authority in completing the field of jinayah

Summary

Introduction

At the beginning of the independence of the Republic of Indonesia, the existence of the Syar'iyah Court (Religious Court) in Aceh, in addition to being a continuation of the Religious Court in Japanese times, was based on the wire of the Governor of Sumatra Province dated February 22, 1947 Number 226/3/Djaps which contained an order to establish the Syar'iyah Court in Aceh. strengthened again by the decision of the Workers' Board of the Aceh People's Representative Council Number 35 dated December 3, 1947.

Results

Conclusion