Kewenangan Absolut vs Kewenangan Relatif Peradilan Agama

Summary

The video discusses the distinction between absolute and relative authority in religious courts in Indonesia. Absolute authority refers to specific types of cases such as marriage, inheritance, and Islamic economics, governed by laws like the 2006 Law No. 3. Relative authority involves jurisdiction based on territorial boundaries, determining which court has the authority to handle a case based on the parties' domicile. It explains legal principles, including 'actor sequitur forum rei' and how jurisdiction is determined in divorce cases, with special attention to the residence of the wife and specific legal exceptions.

Takeaways

• 📜 The discussion focuses on the differences between absolute authority and relative authority in judicial matters, especially within religious courts.
• ⚖️ Absolute authority refers to the court's jurisdiction over specific types of cases, as defined by law, such as marriage, inheritance, wills, almsgiving, and sharia economic issues, based on Law No. 3 of 2006, Article 49.
• 🌍 Relative authority is related to the geographical jurisdiction of a court, meaning the territorial scope a particular court covers, such as one or more districts or cities.
• 🏘️ Relative authority is determined by the principle of *actor sequitur forum rei*, which prioritizes the defendant's domicile in determining the jurisdiction.
• 🏠 In cases of divorce, the relative authority usually depends on the wife's last known place of residence unless she has deliberately left the marital home without a valid reason.
• 👩‍⚖️ If a husband wants to file for divorce, he must submit the case to the religious court that has jurisdiction over the wife's place of residence unless certain exceptions apply.
• 📍 Another principle, *actor sequitur forum rei*, also allows for the jurisdiction to be based on the location of the disputed object, like property.
• 🏙️ If a defendant lives in a different area from the object in question, the filing can occur in the defendant's local court, but the court handling the case may request assistance from a court near the object for local inspection.
• 📝 In cases where both the defendant's location and the object’s location are relevant, the two principles (*actor sequitur forum rei* and *actor sequitur forum rei-t*) are applied together to determine the handling process.
• 🎓 The script ends with a note that the explanation is aimed at giving a better understanding of judicial authority distinctions in religious courts.

Q & A

What is the difference between absolute and relative authority in the religious court system?

Absolute authority refers to the court's jurisdiction over certain types of cases, such as marriage, inheritance, and Islamic economics, as stipulated by law. Relative authority, on the other hand, relates to the geographical jurisdiction of a court, determining which court can handle a case based on the location of the parties or the subject matter.

What types of cases fall under the absolute authority of religious courts according to Law No. 3 of 2006?

Cases under absolute authority include matters of marriage, inheritance, wills, gifts, waqf (endowments), zakat, charity, and Islamic economics.

How is relative authority determined in the context of religious courts?

Relative authority is determined by the jurisdiction of a court over a specific territorial area, which can cover one or more cities or districts. This is important when certain areas do not have a designated court.

What is the principle of 'actor sequitur forum rei' and how does it apply?

'Actor sequitur forum rei' is a principle that dictates that the lawsuit should be filed in the court where the defendant resides, particularly in divorce cases.

In a divorce case, where should the petition be filed according to relative authority?

In a divorce case, the petition should be filed in the religious court that has jurisdiction over the wife's place of residence, unless the wife has left the marital home without the husband’s permission or legal justification.

What happens if the wife has left the marital home without permission in a divorce case?

If the wife has left the marital home without permission or legal grounds, the husband can file the divorce petition in the court that has jurisdiction over his own place of residence.

What is the role of territorial jurisdiction in determining relative authority in a case involving property?

Territorial jurisdiction is determined by the location of the subject matter, such as property. If a case involves property located in a specific area, the court with jurisdiction over that area handles the case.

What is an example of a conflict between territorial jurisdiction and a defendant’s location?

If the defendant lives in North Jakarta but the property in question is in South Jakarta, the case should be filed in the court where the defendant resides (North Jakarta). However, if a site inspection is needed, the religious court in South Jakarta would handle that part.

Can the court that has jurisdiction over the defendant's residence conduct site inspections in another court's jurisdiction?

No, the court with jurisdiction over the defendant's residence cannot conduct site inspections in another court’s jurisdiction. Instead, the court in the area where the property is located must perform the inspection.

What legal provisions govern the principles of relative authority in Indonesia's religious courts?

The principles of relative authority are governed by Article 118 of the Civil Procedure Code (Hukum Acara Perdata) and Article 142 of the Indonesian Civil Code (RBG).