Religious courts separate from Supreme Court: House

Religious courts separate from Supreme Court: House

JAKARTA (JP): The House of Representatives agreed on Friday to
accept the government-sponsored amendments to a 1970 law on the
judiciary, excluding a proposal to put religious courts under the
supervision of the Supreme Court.

United Development Party (PPP) legislator Zein Badjeber said
the team which deliberated the amendments agreed the Supreme
Court would oversee civil, administrative and military courts,
and take over the Ministry of Justice's authority over the
organizational, financial and administrative affairs of the three
courts.

"All four factions of the House are of the same opinion that
religious court should remain apart from the Supreme Court
because (religious courts) do not deal with crimes. They do
handle civil cases, but they are very specifically related to
Islamic law," Badjeber said.

Civil cases which go to religious court include divorce,
alimony and entitlements.

Addressing a House plenary session marking the beginning of
deliberations on the amendments on Monday, the government's
representative, Coordinating Minister for Development Supervision
and Administrative Reform Hartarto Sastrosoenarto, said the
amendments were aimed at empowering the judicial branch to act
independently of the executive.

However, Badjeber said it was very unlikely the government
would take control of the religious courts.

"What do they (the government) expect from religious matters?
We believe they have no interest in meddling in such specific
cases," Badjeber said.

The House legislators agreed not to change a clause in the
1970 law which states that religious courts cannot hear appeals
from religious cases heard by the Supreme Court.

The government's proposal to allow the Supreme Court to hear
all cases involving civilians and military personnel was
unanimously accepted by the House, Badjeber said.

Currently, the Supreme Court lacks the authority even to name
judges for cases involving military personnel. This authority is
currently held by the Indonesian Military chief, with approval
from the justice minister.

Despite the House's approval, Badjeber said the amended law
could be challenged for violating the 1945 Constitution. He said
chapter 24 of the Constitution suggests that the Supreme Court
should not be the only institution which holds judicial power.
(amd)