THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

Haqqiyah Uthlufah

doi:10.21107/tlr.v2i1.9496

Abstract

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

Highlights

The principle of submission in general is usually found in Islamic banking disputes because the transactors do include Islamic banking with Muslim customers
The case for the position of this ruling is that a couple who got married based on Islamic law later converted to Catholicism
This decision states that the Religious Courts have absolute authority to examine and try this case

Summary

Introduction

The principle of submission in general is usually found in Islamic banking disputes because the transactors do include Islamic banking with Muslim customers. The consideration of the Panel of Judges in examining, adjudicating and deciding divorce cases for non-Muslim couples in the 4 (four) decisions is based on the legal relationship of the parties at the time of the marriage, namely based on Islamic law and registered at the Office of Religious Affairs This is contrary to the principle of Islamic personality stipulated in Law Number 3 of 2006. The Panel of Judges in Decision Number 0044 / Pdt.G / 2014 / PA.Kab.Kdr is of the opinion that even though the Plaintiff is non-Muslim, based on the principle of Islamic personality which is one of the principles of procedural law for the Religious Courts, this divorce case is and becomes the competence of the PA because what determines is the marital relationship in effect at the time the marriage is carried out. The 3 (three) reasons above greatly affect legal certainty and can lead to abuse of authority or arbitrary action (Ali, 2010) Because these 3 (three) reasons greatly affect legal certainty so that it still causes disparity in judges' decisions in deciding divorce cases for non-Muslim couples

Government And Bureaucratic Certainty

Conclusion