Religious Courts Need to Show Typical Characteristics of Their Judgments

Former Vice Chief Justice, Syamsuhadi Irsyad (center), Justice Habiburrahman (right) and DG Badilag Purwosusilo (left)

Jakarta l Badilag.net/english

Religious Courts judges should reveal a distinct characteristic in their judgments so as to distinguish them from other Indonesian courts decisions. The specificity of the judgments should not only be marked by the sentence ‘Bismillahirrahmanirrahim’ but also by quoting verses of the Quran or hadith to support their legal considerations.

Dr. H. Syamsuhadi Irsyad, SH., M.Hum, former Vice Chief Justice, made the above statements when delivering a speech on the coordination meeting with Chief Judges and Vice Chief Judges of Indonesia’s High Religious Courts in Jakarta on 12 September 2013.

“I hope all (Religious Courts) judges use verses of the Quran or hadith in addition to using the Acts and legislation when making court verdicts,” Syamsuhadi said.

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With the rapid advancement of technology, he continued, it was very easy to locate verses of the Quran and hadith that are relevant to the decisions. Multi-volume Islamic books used to pack the bookshelves can now be easily stored digitally in a pc.

Apart from showing a distinct characteristic of judgments, the use of the Quran verses and hadith can strengthen arguments of the judges. By doing so, court rulings made by Religious Courts judges will be better and fairer.

“A good judgment is one by which losing parties feel deserved to lose,” he added.

Dr. Habiburrahman, M.Hum, a Supreme Court justice, voiced the same opinion. He said that it was necessary for Religious Courts judges to employ verses of the Quran and hadith as the basis of their legal arguments.

Further, Habiburrahman warned that religious courts decisions were not only read by disputing parties but also read and studied by various groups, nationally and internationally. That was made possible along with the easy access for public to reach the decisions through the internet.

Criticism from the University of Melbourne lecturer, Prof. Tim Lindsey, cited by the first edition of Majalah Peradilan Agama was one of the evidences, he said.

Tim Lindsey criticized the quality of Religious Courts verdicts for a lack of providing detailed and explicit legal reasoning in the decisions.

(Achmad Cholil)

 

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