Formulation on Substantive Law Emerged

Jakarta | Badilag.net

Religious Court judges now have new guidelines related to judicial technique. It was commission II in the Annual Meeting last week that proposed the draft on substantive law.

Headed by High Chief Judge of Bandar Lampung Zainuddin Fajari, the drafting team managed to convince the commission to adopt the draft as a reference for judges to examine particular civil cases. The draft covers particular issues of Religious Court competencies. .

First, the obligation to support adopted child’s livelihood is the same as that as the obligation toward biological child’s. When divorce occurred, ex-husband required to support his adopted child. In case the ex-husband was unable to cover the livelihood of adopted child, the Court can appoint ex-wife to take over the duties.

Second, joint marital property in the case of polygamy should be based on the time when the property obtained with the first, second, third, and fourth wife. The first wife is entitled to property her husband obtained with his second, third, and fourth wife as well.

Third, child of adultery is entitled to livelihood from his/her biological father. This is adopted from Hanafi school of thought aimed to manage sense of fairness.

Fourth, child born in unregistered marriage is entitled to livelihood and obligatory bequest (wasiat wajibah) from the father.

Fifth, foreign people who want to get married with Indonesian citizen should first be qualified all marriage requirements from his/her country in which the requirement is not against with Indonesian marriage regulation. In case the foreign citizen to engage polygamy and has license from his existed wife in the native country, Religious Court does not need to conduct hearing on polygamy permit.

Sixth, child born in unregistered marriage can apply child legalization to Religious Court. This is because the child is entitled to obtain his parent certainty.

Seventh, divorce-base gift (mut’ah), waiting period maintenance (nafkah iddah) and child support are adjusted to the ex-husband’s capabilities based on the principle of propriety, such as the length of marriage and ex-husband’s income.

Eighth, inheritance is a property of the deceased when he or she died. Benefits resulted from managing inheritance which is considered as joint assets between heirs can be divided in accordance to their own portions.

Ninth, stepchild nurtured from childhood is not regarded as heir. Such stepchild can get property portion based on obligatory bequest.

Tenth, grant from parent can be cancelled. In case the object of grant is joint property and the cancellation only comes from one of parents, the cancellation only applies to half of the object of the grant as long as judge considered the cancellation was reasonable. (SQ)