3.3. PA Masa Orde Baru

Summary

This video discusses the evolution of religious court systems in Indonesia during the New Order era. It outlines key developments, including the 1970 Law No. 14, which placed religious courts on equal footing with other judicial bodies. The video details significant changes, such as the 1974 Marriage Law, the creation of the Supreme Court ruling process for religious court cases, and the 1999 law that granted independence to religious courts, giving them the authority to execute decisions. This era saw the standardization of religious court terminology and the establishment of their distinct procedural rules, marking a crucial period in the modernization of the judicial system.

Takeaways

• 😀 In the 1970s, the Indonesian government enacted Law No. 14/1970, recognizing religious courts as part of the judiciary system, alongside the Supreme Court, general courts, military courts, and administrative courts.
• 😀 Religious courts were positioned alongside other courts in terms of judicial power, but their decisions required confirmation from general courts, limiting their independence.
• 😀 In 1974, the scope of religious courts expanded with the introduction of Law No. 1/1974 on marriage, increasing the volume of cases under their jurisdiction.
• 😀 Religious courts were placed under the shadow of general courts, meaning their rulings needed to be confirmed by these courts before they could be executed.
• 😀 A significant shift occurred in 1977, allowing religious courts to appeal to the Supreme Court for cassation, filling a gap in legal procedures.
• 😀 The Supreme Court introduced new regulations in 1977, including PERMA No. 1/1977 and a circular letter, to govern cassation procedures for religious court cases.
• 😀 By 1980, religious courts were unified under the term 'Pengadilan Agama' (Religious Court), with a standardized naming system for courts at various levels.
• 😀 In 1999, a dedicated law (Law No. 7/1989) was introduced to govern religious courts, granting them independence from the general judiciary system.
• 😀 Law No. 7/1989 also established the legal authority for religious courts to execute their own decisions without needing confirmation from general courts.
• 😀 The law also streamlined the legal framework governing religious courts, harmonizing multiple prior regulations and introducing a distinct procedural law for these courts.

Q & A

What was the main legal development regarding religious courts in Indonesia in the 1970s?

In 1970, Law No. 14/1970 was enacted, which established religious courts as one of the judicial bodies in Indonesia. These courts were to exercise judicial power alongside the Supreme Court, general courts, military courts, and administrative courts.

How did Law No. 1/1974 on marriage impact the jurisdiction of religious courts?

The law expanded the jurisdiction of religious courts, particularly in marriage-related cases. It allowed religious courts to handle more family law matters but placed them under the jurisdiction of general courts for decisions to be validated.

What was the issue with the relationship between religious courts and general courts after the implementation of Law No. 1/1974?

Despite the expanded jurisdiction of religious courts, the decisions made by these courts had to be confirmed by general courts. This placed religious courts under the authority of the general courts, limiting their independence.

What was the significance of the 1977 regulation regarding religious court cases?

In 1977, a regulation allowed religious court cases to be appealed to the Supreme Court, even though there were no formal rules governing such appeals at the time. This was addressed by the Supreme Court with a decree in 1977.

How were the names of religious courts standardized in 1980?

In 1980, the naming of religious courts was standardized. All courts at the first instance level were named 'Pengadilan Agama' (Religious Court), and appellate courts were referred to as 'Pengadilan Tinggi Agama' (High Religious Court).

What major legal change occurred in 1999 regarding religious courts in Indonesia?

In 1999, Law No. 7/1989 was enacted, which granted religious courts greater independence, no longer requiring the validation of their decisions by general courts. This law also standardized the procedures for religious courts and recognized their authority in specific legal matters.

How did Law No. 7/1989 impact the execution of religious court decisions?

Law No. 7/1989 gave religious courts the authority to carry out their decisions independently, including the enforcement of judgments, without needing validation from the general courts. This law also introduced specific procedures for executing court orders.

What areas of law did the 1999 law focus on for religious courts?

The 1999 law expanded the jurisdiction of religious courts to include areas such as marriage, inheritance, wills, gifts, Islamic law choices, and wakaf (endowments).

What was the role of the Supreme Court in the development of religious courts in the 1970s?

The Supreme Court played a pivotal role in filling gaps in the law by issuing regulations and decrees, such as the 1977 Supreme Court Regulation (PERMA) and a circular to guide the process for religious court cases to be appealed to the Supreme Court.

Why was the judicial independence of religious courts limited before 1999?

Before 1999, religious courts were not fully independent, as their decisions had to be validated by general courts before being executed. This created a system where religious courts were under the authority of the general courts, limiting their autonomy.