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)