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BRIEF HISTORY OF THE DIRECTORATE GENERAL OF THE RELIGIOUS COURTS

The presence of religious courts has been going along the presence of Islam in Indonesian archipelago. As a formal institution, religious courts has been established by the kingdom putting Islam as the basic of the governmental system.

The religious court as a judicature related to the state system for the first time established in Indonesia (Java and Madura) on August 1st 1882, based on the decree of King of Netherland (Konninklijk Besluit), King Willem III, on January 19th 1882 No. 24, set at Staatblaad 1882 No. 152, and declared to be enacted on January 1st 1882 (set at staatblaad 1882 No. 153), by using nomenclature Raad Agama or Priesteraad. The date of Konninklijk Besluit enactment was then decided to be the anniversary of Religious Courts in Indonesia.

In the Dutch colonization era, the fostering of religious judicature was conducted by ministry of justice. In this era, there has been issued some regulations to manage the competence of religious judicature. To mention some, Staatsblaad 58/1835, Staatsblaad 53/1931, and Staatsblaad 116/1937.

In the era Japan occupation, the fostering policy of religious Judicature did not much change. Religious Judicature was remain maintained, without changes, except the nomenclature. Religious Court was called Soo Rioo Hooin, while High Religious Court was called Kaikoo Kootoo Hooin.


The Fostering of Religious Courts after the Independence

Mahkamah Division (1946-1952)

In early days of independence, Indonesian Government, through Government Decree No. 5 SD dated March 25th 1946, placed the fostering of Religious Judicature from Ministry of Justice to Ministry of Religious Affairs, which was established on January 3rd 1946. In the organizational structure of Ministry of Religious Affairs, the fostering of religious judicature was conducted by Mahkamah Division. And the Head of Mahkamah Division was first officiated by R. Sunaryo, the ex-chairman of Islamic High Court (Mahkamah Islam Tinggi).

Bureau of Religious Courts (1952-1958)

Six (6) years later, Regulation of Minister of Religious Affairs No. 10/1952 regulated the new structure of Ministry of Religious Affairs. In the Regulation of Minister of Religious Affairs, the fostering affairs of religious judicature was upgraded from Mahkamah Division to Bureau of Religious Courts. The Head Bureau was trusted to K.H. Muhammad Djunaidi until 1958.

The Office of Religious Courts (1958-1963)

Considering the development and the increasing of duties of fostering religious courts, Minister of Religious Affairs through his decree No. 3/1958, conducted a change in the organizational structure, by changing the nomenclature from Bureau of Religious Judicature to The Office of Religious Judicature. At the first year of the establishment of the new structure, KH. Abdul Hamid was appointed to be the head. He officiated as the ad hoc Head of Religious Judicature Office since 1958 until 1959. Then the position was trusted to KH. Zabidi until 1964.

Based on article (6) of the Decree of Minister of Religious Affairs No. 3/1958, the duties of the office, to mention some, were regulating and managing anything related to Religious Judicature.

Directorate of Religious Courts (1963-1979)

By Regulation of Minister of Religious Affairs No. 1/1963, the nomenclature of The Office of Religious Judicature was changed to Directorate of Religious Judicature. The Directorate was managing Religious Courts and High Religious Courts all over Indonesia. According to the Regulation, in some provinces should be established Inspector of Religious Judicature.

The Duties of Directorate were: regulating and managing religious judicature, decreeing the feast days to be holidays, regulating oath-taking procedures based on religion, assisting to reconcile the disputes caused by different religious understanding.

In the next development, Minister of Religious Affairs issued a Decree No. 56/67. At the Chapter 4, article 20 of the decree, there were duties of Directorate of Religious Courts, namely:

  1. Managing the fostering of Religious Courts Body

  2. Managing:

  1. First Instance Religious Court

  2. High Religious Court

  3. Cassation level.

The officer appointed to be Director of Religious Judicature was KH. Zaini Miftah. He officiated the position in the period of 1964 to 1969. The next was officiated by H. Zaini Ahmad Noeh, since 1969 to 1970. Since 1970 until 1978, the Director of Religious Judicature was officiated by H.A. Wasit Aulawi, MA.


Directorate of the Development of Islamic Courts (1979-200)

In 1979, Minister of Religious Affairs issued a Decree of Minister of Religious Affairs No. 6/1979 on the Organizational Composition and Management of Directorate General of the Guidance of Islamic Community and Pilgrimage Affairs and Directorate General of the Development of Islamic Institutions. The Decree again changed the nomenclature of Directorate of Religious Courts to Directorate of the Development of Islamic Courts Body. In the organizational structure of Religious Affairs Department, Directorate of the Development of Islamic Courts Body was placed under the Directorate General of the Development of Islamic Institution.

The functions of Directorate of the Development of Islamic Courts Body based on article 222 were:

  1. Preparing formulation of technical policy in the fostering of Islamic Courts body;

  2. Fostering management of Islamic Courts body;

  3. Conducting fostering to the facilities of Islamic Courts Body;

  4. Preparing and formulating the planning of legislation based on the policy decided by Minister of Religious Affairs/Director General of the Development of Islamic Institutions;

  5. Conducting the fostering of verdicts filing and legal reasoning of Islamic Courts Body;

  6. Conducting the fostering of activities in Hisab and Rukyat and conducting other related duties in religious law based on the policy decided by Minister of Religious Affairs/ Director General of the Development of Islamic Religious Institution;

In conducting the main duties and function, Directorate of the Development of Islamic Courts Body, comprises:

  1. Sub-Division of Administration;

  2. Sub Directorate of Management of Islamic Courts Body;

  3. Sub Directorate of Facilities of Islamic Courts Body;

  4. Sub Directorate of Law and Legislations

  5. Sub Directorate of Religious Legal Reasoning and Hisab Rukyat;

Along the period of 1979 until 2000, Directorate of the Development of Islamic Judicature Body was officiated by 4 (four) directors, namely H. Ichtiyanto, SA., SH (1978-1981), H. Muchtar Zarkasy, SH (1981-1990), Drs. H. Taufiq, SH, MH (1990-1992), H. Zainal Abidin Abu Bakar, SH., MHum (1997-2000);


Directorate of the Development of Religious Courts (2001-2005)

In 2001, The Department of Religious Affairs again restructured the organization at national level by issuing the Decree of Minister of Religious Affairs No. 1/2001. In the decree, there was a change of nomenclature of Directorate of the Development of Islamic Judicature Body to Directorate of the Development of Religious Judicature. Beside the change in nomenclature, the structure also changed. At first, Directorate of the Development of Islamic Courts Body was placed under the Directorate General of the Development of Islamic Institution, and after that placed under Directorate General of the Guidance of Islamic Community and Pilgrimage Affairs.

Directorate of the Development of Religious Courts, comprises:

  1. Sub Division of Administration

  2. Sub Directorate of Organization and Management

  3. Sub Directorate of Man Power

  4. Sub Directorate of Facilities

  5. Sub Directorate of Law and Legislation

  6. Sub Directorate of Hisab Rukyat

Directorate of the Development of Religious Courts was led by Drs. H. Wahyu Widiana, MA from 2001 to 2005.


Directorate General of the Religious Courts (2005-Today)

The demand of reformation requires changes in the state-ship life, including the agent of judicial power. Based on the amendment of the 1945 Constitution, the Judicial power is conducted by a Supreme Court and judicature body below it, consists of general judicature, religious judicature, military judicature, and administrative judicature, and a constitutional court.

To follow up the mandate of the constitution about the one roof of judicial power, the Law of Judicial Power No. 4/2004 issued1. Based on Chapter 42 article (2) the provision of transition of The Law 4/2004, the time of organizational, administrative, and financial transition of religious judicature should be finished at least June 30th 20042. The provision was implemented in the Presidential Decree No. 21/2004 dated March 23rd 2004.

The organizational, administrative, and financial transition of religious judicature from the Department of Religious Affairs to Supreme Court was conducted on June 30th 2004, included the transition of Directorate of the Development of Religious Judicature.

Based on Chapter 25 (3) The Law No. 5/2004 on The Amendment of the Law No. 14/1985 on the Supreme Judicature, at the Secretariat of Supreme Judicature should be established some directorate generals and boards officiated by Director Generals and Heads of Board (Chapter 25(3)).

The provisions on organizational composition, duties, responsibilities and management of the Secretariat and Boards of Supreme Judicature were set on Presidential Regulation No. 13/2005 dated January 31st 2005 on Secretariat of Supreme Court. Based on the Presidential Regulation, secretariat of supreme Court consists of:

  1. Directorate General of General Courts Body

  2. Directorate General of Religious Courts Body

  3. Directorate General of Military and Administrative Courts Body

  4. Board of Supervision

  5. Board of Research, Development, Education, and Training of law and Judicature

  6. Board of Administration Affairs

Based on the Presidential Regulation, beside the organizational transition, there was also a transition of 'echelonization' from Directorate of the Development of Religious Judicature (Echelon II in the Department of Religious Affairs) to Directorate General of Religious Judicature Body (echelon I in the Supreme Judicature).

Based on the Decree of Secretary to Supreme Court of the Republic of Indonesia No. MA/SEK/07/III/2006 on Organization and Management of Secretariat of Supreme Court of The Republic of Indonesia, Directorate General of Religious Judicature Body has main task to: assist the secretary of Supreme Court to formulate and conduct policy and technical standardization in fostering judicial staff, fostering the administration of the judicature, regulation and management from the religious judicature under Supreme Court and the courts of religious judicature.

The function of Directorate General of Religious Courts Body, are:

  1. Preparing policy in fostering judicial staff, fostering administration of the judicature, regulation and cases management of religious Judicature under Supreme Judicature and the courts within religious judicature;

  2. Implementing policies in fostering judicial staff, fostering administration of the Judicature, regulation and cases governance of religious judicature under Supreme Court and the courts within religious judicature;

  3. Formulating standards, norms, criteria, and procedures in the fostering of judicial staff, the fostering of administration of the Judicature, regulation and management.

  4. Presenting technical assistance and evaluation;

  5. Implementing the administration of directorate

To implement the main tasks and functions, Directorate General of Religious Courts Body consists of:

  1. Secretariat of Directorate General of Religious Courts Body;

  2. Directorate of the Development of Judicial Staff of Religious Judicature;

  3. Directorate of Fostering of Administration of Religious Courts;

  4. Directorate of Regulation and Cases Governance of Religious Civil

The first official who led Directorate General of Religious Judicature Body of Supreme Court of the Republic of Indonesia has been Wahyu Widiana since 2005 up to now.


List of officials leading the institutions related to the development of religious courts:

No

Name

Position

Period

1

R. Sunaryo

Head of Mahkamah Division

1946-1952

2

KH. Muhammad Djunaidi

Head of Bureau of Religious Courts

1952-1958

3

KH. Abdul Hamid

Acting Head of Bureau of Religious Courts

1958-1959

4

KH. Zabidi

Head of the Office of Religious Courts

1959-1964

5

KH. Zaini Miftah

Director of Religious Courts

1964-1969

6

H. ZA. Noeh

Director of Religious Courts

1969-1970

7

H. A. Wasit Aulawi, MA

Director of Religious Courts

1970-1978

8

H. Ichtiyanto SA, SH

Director of the Development of Islamic Judicature

1978-1981

9

H. Muchtar Zarkasyi, SH

Director of the Development of Islamic Judicature

1981-1990

10

Drs. H. Taufiq, SH., MH

Director of the Development of Islamic Judicature

1990-1992

11

H. Zainal Abidin Abubakar, SH, MHum

Director of the Development of Islamic Judicature

1992-1997

12

Drs. H. Syamsuhadi, SH., M. Hum

Director of the Development of Islamic Judicature

1997-2000

13

Drs. H. Wahyu Widiana, MA

Director of the Development of Religious Judicature.

 

Director General of the Religious Courts, Supreme Court.

2000-2005

 

 

2005-September 2012

14

Drs. H. Purwosusilo, SH., MH

Director General of Religious Courts.

February 2013-Today

 

(Written by Badilag.net team, from many references).

1 To strengthen the principle of free judicative power, based on the demand of reformation in the field of law, the amendment has been conducted toward The Law No.14/1970 on Basic Provisions of Judicial Power with The Law No. 35/1999 on The Amendment of the Law No. 14/1970 on Basic Provisions of Judicial Power. By the amendment of the Law No. 14/1970, it has been decided a policy that any matters related to the judicature, either judicial or organizational, administrative, and financial matters are in one roof system under Supreme Court. The policy should be conducted at least five years after the legislation of the Law No. 35/1999 (Article 11 A[1], meanwhile the time table for religious judicature was not determined (Article 11 A [2].

The transitional process of organization, administration, and finance of the four judicature to the Supreme Court in the reality were faster than the stages determined by the Law No. 35/1999 by the legislation of the Law No. 4/2004 on Judicial Power in Government Official Gazette No. 8/2005 dated January 15th 2005.

2 Article 42:

  1. The organizational, administrative, and financial transition of General Courts and Administrative Courts should be conducted at least March 31st 2004;

  2. The organizational, administrative, and financial transition of Religious Courts should be conducted at least June 30th 2004;

  3. The organizational, administrative, and financial transition of Military Courts should be conducted at least June 30th 2004;

  4. The organizational, administrative, and financial transition cited on paragraph (1), (2), and (3) should be determined by Presidential Decree.

.

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