Inauguration of the Operation of Banjar City RC
DG of Badilag dismissed Negative Stigma Against Religious Court
Jakarta| Badilag.net
The inauguration and the swearing-in of the chief of Banjar City Religious Court as well as the inauguration on the operation of Banjar City Religious Court was held on Monday (11/21/2011) at the city hall of Banjar municipal goverment. The ceremony was attended by some leaders of executive, legislative, and judicative office, the religious leaders and the community leaders as well.
The Director General of Badilag, Wahyu Widiana, use the chance to dismiss the misunderstanding against religious court.
“There is a joke, that religious court is only a place to divorce. Some others say, when there is a religious court, then the divorce rate in the area will increase. In fact, some others also say, the religious court judges will be given incentives if they decide more cases of divorce. That is not true.” He said.
He admitted that 90 percents of the cases filed to and decided by the religious court is marriage matters, particularly divorce. In recent years there are no less than 320 thousand couples got divorce in the religious court. But it does not mean that the religious court apparatus want the divorce cases continue to increase.
“That has become our concerns. We are so happy when there is a happy family, lives in sakinah, mawaddah, and rahmah circumstances.” He said.
The former special staff of Minister of Religious Affair confirmed that the judges and the employees of the religious court were not paid based on the number of cases. “Whether there is a case or not, we remains paid. Just like a health specialist, even there are a little patients, he/she still get paid.”
Therefore, if it is possible, although the religious already exists, do not use it. When you have problems related to family matters, waqf, inheritance, and so on, better to resolve them first by consensus with the religious or community leaders. “Do not be brought to the religious court.” He affirmed.
However, the DG of Badilag reminded, when the case can not be resolved by consensus or requires administrative document, the best way is to be brought to the court.
"That is for the sake of legal certainty," he said. Based on experience and research results, the absence of documents relating to marriage and divorce are usually detrimental to the wife and children.
"The consensus is important, but the certainty of law is more important," he asserted.
Another thing that is still often misunderstood by the community, is the status of religious courts. DG of Badilag once again to clarify the wrong perception about it.
As the general court, administrative court and military court, the religious court is an institution of judicial power under the Supreme Court. Being one roof under the Supreme Court, the position of the four judicatures are parallel.
"As a judicial institution, the religious court should not be interfered with by anyone. We therefore hope the support that the judicial power can be implemented as well as possible," the Director General said.
The Director General of Badilag also thanked the government and the parliament of Banjar City for their cooperation in preparing the establishment of Banjar City Religious Court.
He said the judicative is different from the executive and legislative, but basically equally serve the community. Therefore the cooperation among the institutions is a necessity.
To the newly inaugurated officials, The Director General said, "On behalf of the leaders of the Indonesian Supreme Court, we congratulated the first chief of Banjar City Religious Court. We hope you can work best and can coordinate with the municipal government, local parliament and community leaders, so that the judicature can run well."
Banjar City RC is one of the 16 religious courts which is recently inaugurated its operation by the Chief Justice Harifin A Tumpa in Labuan Bajo.
Drs. H. Haeruman, SH has become the first person officiated the Chief of Banjar City Religious Court. The former Deputy Chief of Bekasi RC was inaugurated and sworn in by the Deputy-Chief Justice of Bandung High Religious Court, Drs. H. Hasan Bisri, SH, M. Hum.
Banjar City Religious Court will begin providing services to the justice seeker this week, after all the judges and the employees are inaugurated.
[Mohammad Noor & Ratu Ayu Rahmi]