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.