Kewenangan Absolut vs Kewenangan Relatif Peradilan Agama

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29 Apr 202405:23

Summary

TLDRThe 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).

Outlines

00:00

📜 Absolute vs. Relative Authority in Religious Courts

This paragraph explains the difference between absolute and relative authority (kewenangan absolut and kewenangan relatif) in the context of religious courts. Absolute authority relates to the types of cases the religious courts are authorized to handle, as per Article 49 of Law No. 3 of 2006. These include cases concerning marriage, inheritance, wills, charity (wakaf, zakat, infak, and sedekah), and Islamic economics. Relative authority, on the other hand, is about territorial jurisdiction, meaning which court has the authority over cases based on geographical location. It is explained that some courts may cover multiple regions or districts, especially where there is no local court.

05:02

🌍 Territorial Jurisdiction in Religious Courts

This paragraph delves deeper into relative authority, emphasizing the principle of territorial jurisdiction, especially in cases like divorce. It explains that the jurisdiction is typically based on the wife's residence unless she has left the marital home without justification. It outlines the two legal principles of 'actor sequitur forum rei,' which refers to where the defendant lives, and jurisdiction based on the location of the disputed object. In divorce cases, the petition should be filed where the wife resides unless exceptions apply. Additionally, the paragraph explains how the court handles cases where the residence of the defendant and the location of the disputed object differ.

⚖️ Application of Actor Sequitur Forum Rei

This section provides a practical example of how the principle of 'actor sequitur forum rei' is applied in religious courts. It explains the process when the defendant's residence and the location of the object in dispute (such as property) are in different jurisdictions. The example given is about a case where the defendant lives in North Jakarta, but the disputed object is in South Jakarta. In such cases, the lawsuit is filed in the court where the defendant resides, but the investigation or local inspection of the disputed object is conducted by the court where the object is located, emphasizing the collaboration between different courts. This ensures proper jurisdictional procedures are followed.

Mindmap

Keywords

💡Kewenangan Absolut

Kewenangan absolut refers to the absolute jurisdiction of a court over certain types of legal cases. In the video, this concept is linked to the religious court's authority to handle specific matters such as marriage, inheritance, wills, endowments, and Islamic finance. It defines what types of cases a court can preside over according to legislation, specifically mentioned in Article 49 of Law No. 3 of 2006.

💡Kewenangan Relatif

Kewenangan relatif refers to the territorial jurisdiction or the authority of a court within a certain geographic area. In the video, it deals with how different courts have authority over cases based on the location of the parties involved or the object of the dispute. For example, in divorce cases, the relevant court is determined by the wife's last residence, unless she left the marital home without valid reason.

💡Pasal 49 Undang-Undang No. 3 Tahun 2006

This refers to the specific legal provision in Indonesian law that outlines the absolute jurisdiction of religious courts. The video cites this article as the legal basis for determining which cases, such as marriage, inheritance, and Islamic financial matters, fall under the jurisdiction of the religious court system.

💡Perkara Perdata

Perkara perdata refers to civil cases. The video mentions that the religious court has absolute authority over civil cases related to Islamic law, such as inheritance and marriage disputes. These types of cases are contrasted with criminal cases, which fall under the jurisdiction of other courts.

💡Aktor Sequitur Forum Rei

A legal principle meaning 'the plaintiff follows the defendant's court'. The video explains how this principle is applied in determining the court jurisdiction based on the defendant's residence. In cases of divorce in religious courts, for instance, the court with authority is often the one in the district where the wife lives, unless certain conditions apply.

💡Perkara Perceraian

This term refers to divorce cases. In the context of the video, divorce cases are highlighted as an example of how relative jurisdiction is determined. The court where a divorce is filed depends on the residence of the wife, unless she has left the marital home without justifiable reason.

💡Domisili

Domisili means domicile or residence. In the video, the term is significant when discussing the relative jurisdiction of courts in civil cases. The court's authority can depend on where the parties, particularly the defendant, reside, as seen in divorce and other personal status cases.

💡Pengadilan Agama

Pengadilan agama, or religious courts, are specialized courts in Indonesia that deal with matters related to Islamic law, such as marriage, divorce, inheritance, and zakat. The video discusses the role of these courts in handling cases with absolute jurisdiction over specific civil matters within the scope of Islamic law.

💡Yurisdiksi

Yurisdiksi refers to jurisdiction, or the authority of a court to hear and rule on cases. The video explains both absolute jurisdiction (what kinds of cases a court can hear) and relative jurisdiction (where a court has authority based on geographic location). This concept is central to understanding how cases are assigned to the appropriate court.

💡Pemeriksaan Setempat

Pemeriksaan setempat refers to local or on-site inspection. In the video, this concept is used in the context of property disputes, where the court may need to inspect the property in question. If the property is outside the court's jurisdiction, the court may request assistance from another court within the relevant district.

Highlights

Explanation of the difference between absolute authority and relative authority.

Absolute authority relates to specific types of cases such as marriage, inheritance, wills, donations, endowments, zakat, alms, and Islamic economics.

Absolute authority is regulated under Article 49 of Law No. 3 of 2006.

Relative authority concerns the jurisdiction or territorial scope of a court's authority.

In Indonesia, a court can cover one or more districts/cities due to the absence of courts in certain regions.

Relative authority can be determined using two principles: actor sequitur forum rei and actor sequitur forum loci.

Actor sequitur forum rei refers to the domicile of the defendant or one of the defendants.

For divorce cases in religious courts, whether a wife is the petitioner or respondent, the jurisdiction is based on her current residence, unless she has deliberately left the shared residence.

An exception exists if the wife leaves the marital home without the husband's consent or a legally acceptable reason; then the husband may file in his own jurisdiction.

Actor sequitur forum loci applies when the case concerns the location of the subject matter, such as property.

If the defendant lives in North Jakarta but the case involves property in South Jakarta, the South Jakarta Religious Court has jurisdiction over the property.

Local court inspections are handled by the court with territorial authority over the property, not the defendant’s local court.

The two principles of actor sequitur forum rei and actor sequitur forum loci can overlap in a single case.

If both principles are involved, the case can be filed in the defendant’s local court, but inspections must be requested from the court with territorial jurisdiction over the subject matter.

Practical guidance on how religious courts manage cases involving different jurisdictions for the defendant and the subject matter.