Religious Court Research Articles

Legislative Legal Politics of Inheritance Law in Indonesia

This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The research findings indicate that there are still many cases of inheritance disputes in Indonesia due to the ongoing discrepancies between Islamic law and customary law, civil law and Islamic law, as well as customary law and Islamic law, which leads to conflict. This can be observed through the increasing number of cases submitted regarding inheritance disputes, whether in religious courts, district courts, or handled through customary law mechanisms in Indonesia each year. However, civil law can be considered an alternative in addressing inheritance law issues in Indonesia. This is evident in the civil inheritance distribution system, which is considered fair, without discrimination between men and women

Analisis Putusan Hakim Tentang Izin Poligami dengan Dalih Post-Partum Depression dan Anxiety Disorder (Studi Putusan No. 366/Pdt.G/2023/PA.Ska)

A license to practice polygamy was granted by the Surakarta Religious Court in case number 366/Pdt.G/2023/PA.Ska. The respondent's postpartum depression and anxiety disorders were the cause of this decision. Nevertheless, these requirements are not fully explained by the laws regulating polygamy, such as Article 57 KHI and Article 4 paragraph (2) of the Marriage Law. The author of this paper examines the legal factors that judges at the Surakarta Religious Court took into account while making their decision in case number 366/Pdt.G/2023/PA.Ska. Prescriptive normative research methodology is employed in this study, which collects primary and secondary data. The primary focus of this research is secondary data gathered from a review of the literature. The findings demonstrated that the court based the facultative requirements in polygamy instances on Article 4 paragraph (2) of the Marriage Law. In addition, judges also use the principle of benefit to accept polygamy applications. In this case, the judge considered the benefits of polygamy rather than limiting the number of wives, unless the wife suffered from mental disorders after giving birth

Unregistered Polygamy Validation: Isbat Nikah, Polygamy Permit, and Due Process of Law in Indonesian Religious Courts

This article probes whether methods of validating unregistered polygamy in Indonesian Religious Courts have honored the due process of law. Judges have adopted two different methods in validating unregistered polygamy: first, by ordering concerned parties to apply for the issuance of a retroactive marriage certificate (isbat nikah), and second, by advising them to submit a polygamy permit application. Using the sociolegal approach in examining Ratio Legis and selected cases on unregistered polygamy validation across Indonesia, it finds that the existing methods have impacted protecting women’s and children’s rights and marriage law objectives. Opting for isbat nikah means perpetuating violations of the marriage law provisions and objectives, which restrict polygamy through court proceedings to be orderly administration and protect women’s and children’s rights. Meanwhile, requiring unregistered polygamists to remarry by applying for a polygamy permit could impact wives’ rights who are married without registration and their children’s. The 2018 Supreme Court’s Circular prohibiting the Religious Court from accepting applications for isbat nikah of unregistered polygamy shows its tendency to the formal application of the marriage law provisions. Even so, judges adopt the contentious isbat nikah to legalize unregistered polygamy, mainly when the parties involved accept their polygamy and live peacefully. This bottom-up approach arguably better meets the principles of fairness because all legal rights owed to concerned parties are respected.

Potensi Maraknya Kasus Dispensasi Nikah Akibat Revisi Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan di Pengadilan Agama Purwokerto Kelas 1A

Abstract. The marriage age limit is the core of the change in marriage law number 1 of 1974 to law number 16 of 2019. According to the latest law, the minimum age for marriage is equal between men and women, which is 19 years old. However, after the change, the application for marriage dispensation increased at the Purwokerto Religious Court Class 1A. The purpose of this research is to find out the factors that cause the submission of marriage dispensation and the impact it has on the recipients of marriage dispensation. The type of research used in this research is empirical research or field research and uses a qualitative approach. The data used are primary and secondary data. Keywords: Marriage Dispensation, Marriage Law

Dinamika Khulu’ dan Peran Pengadilan Agama Sidoarjo: Analisis Peningkatan Perkara Cerai Gugat Pasca-COVID-19

The COVID-19 pandemic was expected to impact not only the economic and health aspects of society but also potentially affect social dynamics and household stability, including an increase in divorce cases. However, the reality shows a significant surge in divorce cases, particularly khulu', at the Sidoarjo Religious Court following the pandemic. This phenomenon marks a significant change in divorce patterns occurring after the COVID-19 period, warranting further investigation to understand the causes and potential solutions. This study aims to analyze the dynamics of khulu', identify factors influencing the rise in divorce cases, and evaluate the role of the Sidoarjo Religious Court in addressing and reducing divorce cases. The research is field-based with a qualitative approach. The methodology used is a case study with descriptive analysis. The results indicate that the dynamics of khulu' in Sidoarjo have undergone significant changes, with an increase in divorce cases during the post-COVID-19 period. Factors such as economic pressure, changes in social interaction patterns, and emotional instability have triggered this surge. To minimize the prevalence of khulu' and divorce, the Sidoarjo Religious Court focuses on strengthening mediation, public education, rationalizing administrative requirements, and assisting families in resolving conflicts peacefully.

FAKTOR PENYEBAB TERJADINYA PERSELISIHAN DAN PERTENGKARAN TERUS MENERUS DI PENGADILAN AGAMA TILAMUTA

This research is motivated by the difficulty of maintaining and creating a harmonious household. Differences of opinion, lack of communication and various kinds of problems that trigger disputes and disputes between the two. The aims of this research are (1) to determine the factors that cause continuous disputes and quarrels and (2) to determine the consequences of continuous disputes and quarrels. This research was carried out at the Tilamuta Religious Court using a qualitative approach with an empirical research type. The results of the research show that the causes of disputes and quarrels are; a) Economic problems, household needs are not met while there are children and wife's needs that must be met. b) Third party interference, can come from families who are excessively involved in household relationships or from other people. c) Polygamy is unhealthy, the husband is unable to act fairly and is unable to take responsibility for his two wives. d) Domestic violence/abuse occurs, lack of control of each other's egos and coupled with the husband not being able to control his emotions so he takes it out on his wife. The consequences arising from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) Problems regarding child custody, (c) Division of joint Assets

EFEKTIFITAS PELAKSANAAN.ISBAT NIKAH (TERPADU) PADA. SIDANG KELILING DI PENGADILAN AGAMA SUWAWA

This research aims to find out about the effectiveness of implementing the marriage isbat at the Suwawa religious court, as well as what factors hinder the effectiviness of implementing the integrated marriage isbat at the Suwawa religious court. This research uses empirical legal research methods, namely the research method is carried out using empirical evidence such as field data as the main data source as well as infoatian obtained from observatians, documentation and interviews.The results of this research can be seen from the stage of the process of implementing the integrated marriage isbat trial which is carried out by the Suwawa religious court which is not efeective and consistent, because every year the quantity of completion of the targer marriage idbat is not yet significant. However, in implementing the integrated marriage isbat, the are factors that hinder the implementation of the marriage isbat, namely that there are still people eho have not registered because they are hampered by the requirements for implementing the marriage isbat. Apart from that, there are technical problems in the field, such as the location of integrated services which is still far away and there are villages that are difficult to reach.

ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.

Problematika Kejurusitaan dalam Menangani Perkara Pada Kantor Pengadilan Agama Kabupaten Bangli

The legal system in Indonesia is based on colonial, ethnic and religious law. This regulation forms the basis for all court decisions, including general courts, state administrative courts, and religious courts. As for the problems: 1) How is the process for implementing jurors based on article 103 of the Republic of Indonesia Law Number 7 of 1989 concerning Religious Courts at the Bangli Regency Religious Court office? 2) What are the inhibiting factors for adversity in handling cases at the Bangli Regency Religious Court office? The purpose of this study is to understand the implementation of jursita based on article 103 of Law No. 7 of 1989 concerning the Religious Courts at the Bangli District Religious Court and to understand the supporting and inhibiting factors of slump at the Bangli Religious Courts, to then find a solution. This study uses empirical methods. Empirical method used by the writer based by the data obtained by the writer from those people whom directly connected with the case matters written on the subject of this study. The bailiff must comply with the direction of the Chief Justice and submit announcements, reprimands, and court decisions in accordance with statutory provisions. If the parties do not provide accurate information, bailiffs may experience difficulties in carrying out their duties. However, they can still be informed about subpoenas by the local village head.

Pemeriksaan Setempat (Descente) Terhadap Anak dalam Sengketa Hak Asuh Anak: Analisis Putusan Hakim di Lingkungan Pengadilan Agama di Indonesia

Descente or site visit are usually carried out on material cases, such as inheritance cases, joint property, sharia economics and so on, with the aim of avoiding difficulties in carrying out the execution of decisions at a later date. However, in several decisions, site visit were also found in cases other than material things, including in disputes over child custody or hadhanah by examining Decision Number 1063/Pdt.G/2022/PA.Tgm, Decision Number 627/Pdt.G/2023/ PA.Prw and Decision Number 585/Pdt.G/2020/PA.Ppg. This research is normative legal research or library research with a conceptual approach which examines primary data from several judicial decisions in Indonesia such as the Tanggamus Religious Court, the Pringsewu Religious Court and the Pasir Pangaraian Religious Court. The results of the research show that the implementation of site visit of children is the same as site visit of material cases and there are two reasons why the panel of judges conducts site visit of site visit of these cases, namely: directly ensuring the objective condition of the child and the child's growth and development and also ensuring environmental conditions. around the child in order to realize the best interests of the child. Site visit of children, apart from fulfilling the best interests of the child, also fulfills the objectives of Islamic law in maqāṣid asy-syarīah, namely hifz al-nafs or soul.

Analisis Proses Permohonan Perwalian atas Anak dari Saudara Kandung: Studi Putusan Nomor 375/PDT.P/2023/PA.SGM

Until now, the process of adopting a child or transferring guardianship of a child is still rarely carried out by most people, especially if the child adopted is the child of a sibling or family member, even though legally the application for guardianship of a child is very important in fulfilling the applicable legal provisions. both in court and outside of court. So this research needs to be carried out in order to find out the process for applying for guardianship over children from siblings by studying Decision Number 375/PDT. P/2003/PA. SGM. This research is qualitative research with a normative juridical type of research, using two approaches, namely the statutory approach and the Conceptual Approach. The results of this research prove that legally the petition submitted by the applicant in Decision Number 375/PDT. P/2003/PA. SGM, has fulfilled the applicable legal provisions regarding guardianship applications in religious courts, and the applicant has also fulfilled the 4 (four) conditions that must be met by a guardian, namely, that he is mature and sensible, can be trusted with the child's welfare and is fair, and is able to carry out his duties as a guardian and also a believer.

Implementasi Pendekatan Jurimetri dalam Penyelesaian Sengketa Hak-Hak Perempuan dalam Putusan Cerai Talak

The divorce gives rise to rights and obligations, especially women's economic rights after divorce, namely iddah, mut'ah and madhiyah livelihood. Judges in determining the amount of alimony still vary and there are no standard rules and methods so that judges can guide them in determining the value of alimony for wives as a result of divorce which reflects propriety and justice. The author will put forward the idea of ​​the jurimetric method as a mathematical analysis method related to determining the amount of iddah, mut'ah and madhiyah maintenance for wives after divorce. The aim of the research is to analyze the application of the jurimetric approach in resolving disputes over women's rights in divorce decisions for talak at the Gedong Tataan Religious Court and the Sukadana Religious Court and to analyze the perspective of maslahah al mursalah and the theory of justice towards the implementation of the jurimetric approach as a method for determining the amount of women's rights in decisions divorce. This research is normative legal or normative juridical research which is descriptive analytical in nature. The application of jurimetry in determining the amount of women's rights in divorce and divorce decisions regarding 'iddah, mut'ah and madhiyah income, is carried out by collecting empirical data which is then expressed in variables. Jurimetry is a tool to interpret norms for the sake of realizing justice. By applying a jurimetric approach in determining the amount of 'iddah, mut'ah and madhiyah income, it has fulfilled procedural justice and distributive justice and fulfilled maslahah al-mursalah.

Penetapan Izin Poligami melalui Pengadilan Agama dalam Perspektif Hukum Positif di Indonesia

Basically everyone wants to get married only once in their life, but there are several reasons why people commit polygamy or get married two or three or four times. The causal factors referred to are internal factors from the family which resulted in the husband choosing to remarry, as regulated in positive law in Indonesia, that polygamy must go through a procedural procedure in a religious court and must fulfill certain reasons and conditions so that the religious court judge can grant the proposed polygamy permit.. This research is qualitative research with a normative juridical type of research, using a library research approach. The results of this research show that the case examination process in this research has been carried out in accordance with the provisions, and in legal fact the wife gave written permission to the husband to carry out polygamy so that the judge gave permission to the husband to carry out polygamy with his second wife.

Penetapan Anak Angkat sebagai Ahli Waris di Pengadilan Agama Lubuk Pakam Nomor 1619/Pdt.G/2019/PA

Adopting a child is a legal act, therefore this act has legal consequences. One of the legal consequences of the adoption of a child is regarding the adopted child's status as the heir of his or her adoptive parents. This status often causes problems within the family. The issues that often arise in cases of lawsuits are usually regarding whether or not the adoption of the child is legal, as well as the position of the adopted child as the heir of his or her adoptive parents. According to civil law in Staatsblad 1917 No. 129, the adoption of a child results in the child's status as if they were born from the marriage of adoptive parents. So the status of an adopted child is the same as a legitimate child and in inheritance law he is also called an heir. In the event that the inheritance of an adopted child in the Compilation of Islamic Law is not giving up the lineage (relatives) of his biological parents, then the adopted child does not inherit from his adoptive parents and vice versa, but the adopted child gets a mandatory will, namely a will whose implementation is not influenced or does not depend on the will or the will of the deceased. The amount cannot be more than 1/3 of the inheritance of the adoptive parents in accordance with Article 209 paragraph (2) of the Compilation of Islamic Law. And in the decision of the Lubuk Pakam religious court, how does the judge decide whether an adopted child will be the heir? (KHI).

Sharia Economic Dispute Resolution: Case Study in the Religious Court of JAKPUS Related to Murabahah

This research aims to analyze the resolution of sharia economic disputes in case studies at the Central Jakarta Religious Court regarding Mudharabah. The method used is descriptive qualitative by studying related sources. The results of this research are that resolving sharia economic disputes related to murabahah in the Religious Courts requires a careful approach. The results of this research are that sharia economic dispute resolution provides better legal protection for the parties, and strengthens public trust in the sharia economic justice system. It is proven that the public prefers the Religious Courts which have executorial rights compared to the National Sharia Arbitration Board (BASYARNAS)

Effectiveness of E-Court in Handling Civil Cases in Class IA Religious Court of Ternate

E-Court is a court instrument made by the Indonesian Supreme Court which provides services to society in the forms of online registration, payment, summoning, and courts based on the Supreme Court Decision No. 1 of 2019. Objective: The problems of this research are: (1) How is the effectiveness of the e-Court application in the procedural processes in the Class I A Religious Court of Ternate City and (2) What are the obstacles that influence the application of e-Court in the Class I A Religious Court of Ternate City. Method: This was empirical research which used the statute approach and the case approach. In this research, researchers used the live case study approach which was applied to a legal phenomenon with an ongoing process. Results: showed that the e-Court implementation is effective. Its application is already according to the goal of Article 2 clause (4) of Law No. 48 of 2009 on Judicial Power. The e-Court provides a simpler, quicker, and cheaper form of civil case resolution. The obstacles in e-Court include a lack of human resources, inadequate internet facilities, and social culture. An improvement of the network and socialization on the e-Court implementation under the jurisdiction of the Class I A Religious Court of Ternate are needed. Function: This paper provides information on the effectiveness of the e-Court application. Novelty: This paper provides novelty as no previous research has studied the effectiveness of the e-Court application in the procedural processes in the Class I A Religious Court of Ternate City. E-Court adalah instrumen pengadilan yang dibuat oleh Mahkamah Agung RI yang memberikan pelayanan kepada masyarakat berupa pendaftaran, pembayaran, pemanggilan, dan persidangan secara online berdasarkan Perma No. 1 Tahun 2019. Tujuan: Permasalahan dari penelitian ini adalah: (1) Bagaimana efektivitas penerapan e-Court dalam proses beracara di Pengadilan Agama Kelas I A Kota Ternate dan (2) Apa saja kendala yang mempengaruhi penerapan e-Court di Pengadilan Agama Kelas I A Kota Ternate. Metode: Penelitian ini merupakan penelitian empiris yang menggunakan pendekatan perundang-undangan dan pendekatan kasus. Dalam penelitian ini, peneliti menggunakan pendekatan studi kasus langsung yang diterapkan pada suatu fenomena hukum dengan proses yang sedang berlangsung. Hasil: menunjukkan bahwa penerapan e-Court sudah efektif. Penerapannya sudah sesuai dengan tujuan Pasal 2 ayat (4) UU No. 48 Tahun 2009 tentang Kekuasaan Kehakiman. E-Court memberikan bentuk penyelesaian perkara perdata yang lebih sederhana, cepat, dan murah. Hambatan dalam e-Court antara lain kurangnya sumber daya manusia, fasilitas internet yang belum memadai, dan budaya masyarakat. Perlu adanya peningkatan jaringan dan sosialisasi mengenai penerapan e-Court di wilayah hukum Pengadilan Agama Ternate Kelas I A. Fungsi: Penelitian ini memberikan informasi tentang efektivitas penerapan e-Court. Kebaruan: Tulisan ini memberikan kebaruan karena belum ada penelitian sebelumnya yang mengkaji tentang efektivitas penerapan e-Court dalam proses beracara di Pengadilan Agama Kelas I A Kota Ternate.

Pelaksanaan Akad Murabahah Dalam Perbankan Syariah (Studi Kasus Putusan Pengadilan Agama Jakarta Pusat Nomor 1203/PDT.G/2018/PA.JP)

Activities carried out by Sharia Banking must be based on sharia principles. Sharia banking is regulated in Law Number 21 of 2008 concerning Sharia Banking. Likewise, the products issued must be based on sharia principles, such as the Murabahah Agreement product. “The decision of the Central Jakarta Religious Court Number 1203/Pdt.G/2018/PA.JP” submitted an application for the Murabahah Agreement. The formulation of the problem in this research is whether the Court's decision Religion of Central Jakarta Number 1203/Pdt.G/2018/PA.JP regarding whether the Murabahah Agreement is in accordance with Law Number 21 of 2008 concerning Sharia Banking? This research uses a normative juridical research type which is descriptive and analyzed qualitatively by drawing conclusions logically deductively. The results of the discussion indicate that the dispute resolution is not yet in accordance with the regulations, and the conclusion is that the implementation of the Murabahah contract does not comply with the provisions of Law Number 21 of 2008. Meanwhile, based on Article 55 of Law Number 21 of 2008, there is authority to examine and adjudicate the implementation of the Murabahah contract.

Legal Studies of Marriage Registration and the Problems of Isbat Nikah Polyandry and Its Legal Consequences for Children

One of the important issues in marriage law in Indonesia is the registration of marriages and divorces in the Religious Courts. This happens because some of the rules in these regulations are considered relatively new because they have not been mentioned in the classical jurisprudence books which are used by the Indonesian people, especially the ulama. In statutory regulations as contained in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage jo. Article 5 of the Compilation of Islamic Law states that every marriage must be recorded. This research discusses; What is the form of registration of polyandrous marriages and what are the problems with the legal status of polyandrous marriages and the legal consequences for children. This type of research is doctrinal research or normative legal research. Meanwhile, the approach used is a statutory approach, a conceptual approach and a comparative approach and the legal analysis uses descriptive qualitative analysis, namely by formulating and explaining significantly several legal issues that are the object of study in this research.

Re-Evaluation of The Judicial System: Competence and Role of Religious Courts in Blasphemy Cases

Cases of blasphemy in Indonesia are a problem that still occurs frequently, such as the interpretation of verses in the holy book for personal and/or political gain. The main challenge in blasphemy legal cases is that the jurisdiction is under the District Court, but this raises questions about the role of the Religious Courts that already exist in Indonesia regarding blasphemy cases. Supposedly, religious courts should have proper knowledge and correct interpretation for cases related to religion, however, due to Indonesia's democratic and plural legal system, blasphemy cases fall under criminal law and are considered criminal cases, not civil cases, which makes them outside the jurisdiction of religious courts in terms of judgments. In comparison, Saudi Arabia has a form of religious court in its implementation, but the existence of the court is due to a national idea based on Sharia Law and not based on plural democracy, thus signifying major differences in national identity and basis, which leads to differences in decision-making bodies and law enforcers.

Implication of condemnatoir verdict in the case of child custody rights in the legal way of The Denpasar Agency (Case study of case No. 358/PDT. G/2023/PA. DPS)

This study aims to find out the implications of condemnatoir decisions in child custody cases in the jurisdiction of the Denpasar Religious Court, and the obstacles faced in the implementation of the execution of child custody decisions in this jurisdiction. The study employs both normative and empirical approaches, focusing on the norm vacuum regarding the enforcement of Hadhanah (child custody) decisions. The data analysis involves a legal analysis of the normative sources to interpret and evaluate the current laws, complemented by qualitative analysis of empirical data to identify patterns, issues, and challenges in the execution process. The research offers valuable insights into the practical difficulties of enforcing child custody rulings, which could inform legal reforms or improvements in the judicial process to better protect the interests of the child and ensure compliance with judicial decisions.