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 ---------------------------------- Total 368

Note: Sharia Courts and Provincial Sharia Courts are located only in the province of Nanggroe Aceh Darussalam.

Source: Ministry of Religious Affairs