Religious courts officially put under Supreme Court
Religious courts officially put under Supreme Court
Sari P. Setiogi, Jakarta
The country's religious courts were officially placed under the
Supreme Court on Wednesday as part of the enforcement of Law No.
4/2004 on judicial power, which reinstates a single judicial
system.
The religious courts had until Wednesday been under the
Ministry of Religious Affairs.
However, the military court -- which according to the law
should also be placed under the Supreme Court by June 30 -- is
still under the military because the presidential decree on its
transfer has not been completed.
The religious courts are in charge of enforcing Islamic laws
including those on marriage, inheritance and alms-giving.
By placing them under the Supreme Court, the religious courts
should be free from direct government intervention.
The organization, administration and financial matters of the
religious courts will now be the responsibility of the Supreme
Court.
Previously, the Ministry of Religious Affairs was in charge of
the courts' administrative and financial affairs, while the
Supreme Court oversaw cases handled by the courts.
Minister for Religious Affairs Said Aqil Al-Munawwar said in a
speech he expected the religious courts to continue upholding
Islamic law even though they were no longer under the Ministry of
Religious Affairs.
Chief Justice Bagir Manan, meanwhile, highlighted the poor
condition of religious courts across the country.
"They (religious courts) are small, old buildings located in a
middle of nowhere. How can they become modern courts with this
kind of situation?" said Bagir.
He said fewer than 10 religious courts in the country had
proper facilities.
Bagir also touched on the issue of human resources, i.e. the
judges, who often have to use their own money to improve their
educations.
"People are always demanding judges be like supermen or
superwomen. How can they perform well?" said Bagir.
About 7,000 employees of the religious ministry's Directorate
General for Religious Courts were also transferred to the Supreme
Court.
Discussing the military court, Bagir said several technical
matters still had to be considered, such as the length of service
for the judges.
"A soldier reties at the age of 55, while a judge retires at
the age of 62," he said.
Religious courts in Indonesia:
1. High Religious Courts 24
2. Religious Courts 324
3. Sharia Courts 19
4. Provincial Sharia Courts 1
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Total 368
Note: Sharia Courts and Provincial Sharia Courts are located only
in the province of Nanggroe Aceh Darussalam.
Source: Ministry of Religious Affairs