Shari'a and Politics in Modern Indonesia

Appendix II. THE LAW OF THE REPUBLIC OF INDONESIA NO. 7 OF 1989 ON THE RELIGIOUS JUDICATURE

The Law of the Republic of Indonesia Number 7 of the Year 1989 257© 2003 Institute of Southeast Asian Studies, Singapore 257 Sources: The Compilation of Islamic Laws in Indonesia, (1996/1997). Project for Religious Law Counseling Development Directorate for Religious Courts, the Directorate General for Development of Islamic Institutions. Jakarta: Department of Religious Affairs of Republic of Indonesia. Appendix II THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 7 OF THE YEAR 1989 ON THE RELIGIOUS JUDICATURE PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA NUMBER 7 OF THE YEAR 1989 RE RELIGIOUS JUDICATURE BY THE GRACE OF GOD THE ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. whereas the Country of the Republic of Indonesia, as a legislated state which is based on the Philosophy of Pancasila and the Constitution of the 1945, aiming at realizing a life of a nation which is prosperous, secure, peaceful and order; b. whereas in order to realize the aforementioned life order and to guarantee the equilibrium of each citizen before the law, measures to uphold justice, truth, order and the law enforcement which are able to protect the people of Indonesia are in need; c. whereas one of the efforts to uphold the aforementioned justice, truth, order, and law enforcement is by means of Religious Judicature as it is stated in the Law number 14 of the year 1974 re the Basic Regulations of the Judicial Authorization; Reproduced from Shari’a and Politics in Modern Indonesia, edited by Arskal Salim and Azyumardi Azra (Singapore: Institute of Southeast Asian Studies, 2003). This version was obtained electronically direct from the publisher on condition that copyright is not infringed. No part of this publication may be reproduced without the prior permission of the Institute of Southeast Asian Studies. Individual articles are available at 258 Appendix II© 2003 Institute of Southeast Asian Studies, Singapore d. whereas the regulation on the structure, authority, and lawsuit procedure within the Religious Jurisprudence in which so far is still in vary due to the references of: 1. The regulation on the Religious Judicature in Jawa and Madura (Staatsblad of the year 1882 Number 152 related to the Staatsblad of the year 1937 Number 116 and 610): 2. The regulation on the Qadi’s deliberation and Great Qadi’s deliberation (religious leaders) for some parts of South and East Kalimantan Regencies (Staatsblad of the year 1937 Number 638 and 639); 3. Government Regulation Number 45 of the year 1957, re the Establishment of Religious Court/Syari’ at Court outside Jawa and Madura. (State Declaration of the year 1957 Number 99), That all needs to be ended anule for the sake of the establishment of the unity in law which regulates the Religious Judicature in the framework of the national system and law order based on the Pancasila and The Constitution of 1945; e. whereas in relation with the above consideration, and to activate the Law number 14 of the year 1970 re the Basic Regulation of the Judicial Authorization it is deemed necessary to determine a law that regulates the structure, the authority and the Court Law Procedure within the Religious Judicature. Attending: 1. Article 5 point (1), Article 20 point (1), Article 24, and Article 25 of The Constitution of 1945; 2. Law Number 14 of the year 1970 re Basic Regulation of the Judicial Authorization (State Declaration of the year 1970, Number 74, Additional State Declaration number 2951); 3. Law Number 14 of the year 1985 re Supreme Court (State Declaration of the year 1985 Number 73, Additional State Declaration number 3316) The Law of the Republic of Indonesia Number 7 of the Year 1989 259© 2003 Institute of Southeast Asian Studies, Singapore With the Agreement of THE HOUSE OF REPRESENTATIVES OF THE PEOPLE OF INDONESIA TO DECIDE: To pass: THE LAW OF THE RELIGIOUS JUDICATURE CHAPTER I GENERAL CONDITIONS Part One The Definition Article 1. The definition used in this law for some terminology are as follows:: 1. The Peradilan Agama (Religious Judicature) is a judicature for those who embrace Islam religion. 2. The courts are The Religious Court and The High Religious Court within the Religious Judicature. 3. The Judges are the Judge in the Religious Court and the Judge in The High Religious Court. 4. Pegawai Pencatat Nikah (the Marriage Registrar Official) is the Marriage Registrar Official at the Office of Religious Affairs. 5. The Confiscation Officer...