The Draft of Shariah Economic Procedural Law to be Finalized
Jakarta | badilag.net (20/10/2011)
After going through several meetings for more than a year, the drafting of Shariah economic procedural law has been completed and has come to the phase of discussion and refinement.
The discussion is not only done by the drafting team, but also involves the Supreme Justices in charge of religious, civil, administrative, and military affairs as well. And the purpose of the discussion and refinement is to produce a draft of shariah economic procedural law which is applicable and fits for use in proceedings in religious courts.
To realize the above purpose, the Directorate of Pranata and Religious Civil Case Management of Badilag held a further meeting to discuss the shariah economic procedural law at Yasmin Hotel of Bogor (October 19-21, 2011). The meeting was attended by the drafting team consisting of some experts from the religious courts, the Supreme Justices of Religious Affairs, Civil Affairs, Administrative Affairs, and Military Affairs.
In fact, the meeting was also attended by, the Honorable Dr. H. Ahmad Kamil, SH, M. Hum (Vice-Chief Juctice for Non Judicial Affairs), the Honorable Dr. H. Andi Syamsu Alam, SH, MH (the Deputy Chief Justice for Religious Court Affairs, the Honorable H. Atja Sonjaya, SH (the Deputy Chief Justice for Civil Case), the Honorable H.M. Imron Anwari, SH. Sp.N., MH (the Deputy Chief Justice for Military Court Affairs), the Honorable Widayatmo (the Deputy Chief Justices of Development Affairs), and Wahyu Widiana (the DG of Badilag), and their staffs.
Drs. H. Zainuddin Fajari, SH, MH., who acted as a moderator at the opening ceremony, stated that the procedural law of shariah economic is currently highly awaited by the judges throughout Indonesia in handling cases of shariah economic disputes which are now starting to bloom in the courts.
The draft prepared by the team has compiled all the rules governing proceedings in settling the shariah economic case, so that it is expected to be able assist the judges in hearing and adjudicating shariah economic disputes by upholding the justice value.
The Supreme Court’s Justice, the Honorabale Prof. Dr. Abdul Manan, as the chairman of the drafting team, in his speech said that after getting the letter No. 151/KMA/VIII/2010 dated August 16, 2010 which mainly appointed the drafting team, they started working by gathering materials both from within and outside the country such as Damascus, Sudan, Saudi Arabia, Qatar, Pakistan, and so on. The next step was to formulate the framework, then held several meetings, which finally produced a draft of compilation of Shariah Economic Procedural Law.
Then the last step is to hold a seminar dated October 19-21, 2011, in order to gain inputs from the Supreme Court’s Justices of the civil, administrative, and military affairs that will be used as materials to refine the draft which have been prepared.
The Deputy Chief Justice for Religious Court Affairs, the Honorable Dr. Andi Syamsu Alam SH, MH., in his speech delivered the chronology of the religious court competence, which was originally mandated absolutely to deal with shariah economic, but in its development, some banks are still using the public courts for handling cases of shariah economic disputes.
Therefore, to obtain the religious court's readiness to resolve the disputes of shariah economic in a mature stage, the judges need to equip themselves with skills of shariah economic procedural laws. For that purpose, the drafting was meant to. The brilliance of religious court judges in handling cases of shariah economic disputes, will also show the brilliance of the Supreme Court.
The Vice-Chief Justice for Non-Judicial Affairs, the Honorable Dr. H. Ahmad Kamil, SH., M. Hum., in his speech expressed his gratitude to Allah Ta'ala for the drafting team have successfully completed their task, which means the letter of Chief Justice on the preparation of Shariah Economic Procedural Law could have been executed better.
In addition, he also expected to always be able to provide a budget for such events to create sustainable regeneration, because the scholarship quality of the judges will always be maintained if the similar discussion could be kept continuous. He also expected the sincerity of the participants to provide the feedback to complete the draft of sharia economic procedural law.
During the discussion, the participants especially the Supreme Court Justices delivered their suggestions and opinions. And the drafting team will accommodate all the feedback from the participants related to the subject matter and substance of the draft. The work of the drafting team is ultimately to produce the draft of Sharia Economic Procedural Law that is ready to undergo the feasibility test. Hopefully, later on after the draft undergoing feasibility studies in the near future, will soon be published a decree or a regulation of the Supreme Court as a legal basis for the implementation.
(Mohammad Noor)