Supreme Court Holds Webinar: LPDP Scholarships for Judicial Apparatus

Taking place at the Command Center of the Supreme Court of the Republic of Indonesia, on Friday, November 6th 2020, LPDP Scholarship Webinar for Judicial Apparatus was held. The webinar was held by the Supreme Court of the Republic of Indonesia in collaboration with the Indonesia Endowment Fund for Education. 

This event is a follow-up to the results of a recent hearing between the LPDP and the Supreme Court, where it was known that the interest and enthusiasm of the judicial apparatus to continue their studies to a higher level, both Masters and Doctoral degrees are quite high every year, however, there are still very few who take advantage of the LPDP scholarships that the government provides each year.

The webinar opens at 09.00 WIB. By the Deputy Chief Justice of the Supreme Court of the Republic of Indonesia for Non-Judicial Matter, The Hon. Dr. H. Sunarto S.H., M.H . In his remarks, he expressed his support for the implementation of this webinar and expressed the importance of the human resource development process in the judicial reform system. "The Indonesian Supreme Court places improving the quality of human resources as part of one of the Supreme Court's missions as stated in the 2010-2035 Judicial Reform Blueprint." He said.

Acting Secretary of the Supreme Court of the Republic of Indonesia, Dr. Drs. H. Aco Nur, S.H., M.H. In the introduction to the discussion, stated that this Webinar aims to provide information and encouragement for judicial apparatus who wish to continue their studies at the best universities, both domestic and abroad, looking for a possible scheme for permanent and sustainable cooperation between the Supreme Court and the LPDP in an educational scholarship program in order to improve the quality of human resources of judicial staff.

Dwi Larso, PhD, Director of the LPDP Scholarship, attended as a speaker, discussing various things about the LPDP. "I am still confused, why since it was first opened since 2012, only about 20 people have registered from the judiciary, and only 2 have received scholarships," he said opening the discussion.

Dwi Larso explained about the history of the LPDP, the types of scholarships offered, the qualifications of applicants that can be accepted, the scope of the scholarships provided, the universities as well as tips and tricks for winning scholarships.

The enthusiasm of the judicial apparatus to participate in this event was so great, there were 910 participants who participated in this event through the Zoom application in a virtual manner, consisting of leaders, high judges, judges and judicial staff from 4 judicial branches throughout Indonesia. Many questions were raised in the discussion and were answered thoroughly by the speaker. (ahb)

International Dialogue:

Post-Divorce Rights of Women and Children in Three Countries

Jakarta, 02/10/2020. The Directorate General of Religious Court (Dirjen Badilag) together with Australia Government held an international dialogue with the theme “Developments and Challenges in Fulfilling the Rights of Women and Children in Various Countries.” The dialogue was presented to provide new knowledge about the importance of the role of the judge, as well as to exchange the experiences and the ideas between Indonesia, Malaysia and Australia.

The dialogue started at 08.00 WIB with a thousand participants from both general and religious courts. It was also assembled by public participants via Zoom. To provide broader access, the Directorate General of Religious Court (Ditjen Badilag) invited several competent speakers.

The Director of the Development of Technical Personnel of Badilag, Mr. Candra Boy Seroza, S.Ag., M.Ag, as the moderator opened the dialogue hospitably. He greeted the participants enthusiastically who were ready to grasp the lectures.

The opening speech was spoken by the Director of Badilag Mr. Drs. Dr. Aco Nur, S.H., M.H live.

In his opening speech, the Director explained the result of the research in 2018 which was conducted by the Directorate General of Badilag and Australia Government together with Australia Indonesia Partnership for Justice 2 (AIPJ2), several research institutions and colleges towards 508.276 of religious court verdicts. Within 2018, about 447.417 divorce cases were registered to religious court throughout Indonesia. Which was 70% of them were registered by wives. It was found out that only 1% from the cases includes the wife’s living suit and less than 1% includes marital property claim. Meanwhile, only 2% of the cases includes child custody lawsuit and only 1% includes child’s living suit. Whereas, 95% from the divorce cases involve under 18 year old children. If the average of each family has two children, at least 850.000 children effected by the divorce per annum.

The Director concludes there are three possibilities cause this reality. Firstly, the women and children rights may have been fulfilled. Secondly, the disputants do not understand their rights and how to sue their rights. And thirdly, they have been pessimistic toward the court process and knowing the complex mechanism.

“The webinar is our endeavour implementing the Article of 28 B section 2 of Undang-Undang Dasar NKRI 1945. It is stated that every child has the right to live, grow and develop and has the right to protection from violation and discrimination. Our effort today represents all children throughout Indonesia to fight for their rights collectively to build the nation and the country at the future.” Stated the Director.

Leisha lister, the senior advisor of AIPJ2, provides the introduction and context to the dialog. Followed by Dato Dr. H. Mohd Na’im Bin Mokhtar, the Head of Hakim Syar’i/Ketua Pengarah Jabatan Kehakiman Syariah-Malaysia, shared the experiences that have been being implemented in Malaysia on how to fulfil the women and children right after divorce.

The government of Malaysia formed an institution namely Bagian Sokongan Keluarga (BSK). The institution was formed based on the urging of the civil society. They hope for the proactive and effective institution concerning for the people who disobey the court’s judgments. The existence of the institution is appreciated by the society as a smart and precise problem solving about the execution of court orders.

BSK officers are responsible to execute the orders of living payment issued by the court. They are charged to do foreclosure, debt transfer and coercion. “BSK also provides preliminary funding for child support service. It such a bailout which was given during the court process to guarantee the child’s living keep going.” Explained Dato Muhammad Naim.  From Child Support Agency of Australia, Bret Walker-Robert shared about child support institution in Australia. Bret started his explanation with the situation in Australian back in 1980. More than thirty years ago, at late of nineteen eighties, the government of Australia had been observing the growth of single parent family, poverty of women and children, the low number of parent without children custody, the low amount of child’s living decided by court and the low number of court judgement execution. 

At that moment, the main problem Australia was around the high number of children effected by the divorce. The children became susceptible both in family and society. The worst condition is they are vulnerable of being abandoned, dropping out of school, getting involved or getting violence. Therefore, the government took the initiative to solve this issue.

There two scheme of the child’s living guarantee after divorce. Firstly, at June 1^st 1988 the issuing of Child Support Act 1988 No. 3 which rules about the registration and collection of livelihood obligation by the government. The act is followed by Child Support (Assessment) Act 1989 No. 124 on October 1^st 1989 that introduced a form about the methodology on how to calculate and rate the obligation of parent toward children support.

In this international dialogue, there were also responders to gain the point of view and input that related to the topic. There were Justice Margareth Cleary from Australia, Dra. Hj. Pelita Dewi, S.H., M.Hum from woman workgroup of Mahkamah Agung RI, Dr. Ifa Sudewi from Kemudahan Berusaha workgroup and Prahesti Pandanwangi, SH, Sp.N, LLM from Bappenas.

Prahesti Pandanwangi, as the Director of Law and Regulation of Bappenas gave her input and respond that support the existence of the government to strengthen the role of judiciary institution with the huge number of human resources. “We will remap and find out the best way to solve the issue.” She said.

The dialogue continued to the question and answer session from the webinar participants. A lot of questions were coming out from the participants show the great enthusiasm from various circles. The dialogue ended up at 11.15 WIB. The recorded broadcast is available at Badilag MA RI YouTube channel. (ahb/dh)

Director General of Badilag Opened the Fit and Proper Test for Clerk Candidate of Religious High Court/ Mahkamah Syar’iyah Aceh Virtually

Located in Badilag Command Center at the Secretariat General Building of Mahkamah Agung floor six, on Tuesday, September 1st 2020, the Director General of Badilag, Dr. Aco Nur, S.H., M.H. officially opened the Fit and Proper Test for Clerk Candidate of Religious High Court/ Mahkamah Syar’iyah Aceh Virtually. The test was also attended by the second echelon official within Directorate General of Badilag and Head of Religious High Court/ Mahkamah Syar’iyah Aceh. It was broadcasted live streaming through Ditjen Badilag Youtube Channel. So, the test was available to be watched by all of apparatus of religious courts from all over Indonesia.

Starting his speech, Mr. Aco Nur, S.H., M.H stated that all the participants of the test consists of Clerk of Religious Court form Grade 1A as well as junior clerk at religious high court/ Mahkamah Syar’iyah Aceh. All of them were 43 participants. The Director also implied that these chosen participants are the best clerks amongst clerks from all religious court in Indonesia. They have been through all the selection process. Started from the administration selection and also rating terms of their work unit. The selection included SIPP reports, quarterly reports, Zona Integritas status, and also quorum. Such strict selection was required to guarantee the excellent quality, integrity and also to enhance the image of religious court in the future.

The Director added that all of us are appreciated by the Head of Supreme Court of Indonesia in gaining of innovation and the latest breakthrough in middle of COVID 19 pandemic. Yet, our directorate still can perform proud achievement and get our institution lives up to its good name. The Director is hoping very much to the High Court of Religious Court / Mahkamah Syar’iyah Aceh and all of the work units in within to respond with alacrity against the demands of the era and serve the best for the justice seekers especially in the environment of religious court. The innovation that has been developed was aimed to achieve the vision and mission of the Directorate General of Religious Court.

“Let us show our good performance. Serve justice seekers with maximum service, so we are always on the right track.’ Said the Director. He also advised to all of the test participant to make good use of this opportunity. This is the time to develop career. He also pray for the best to all of the test participant. Wish them very good luck. (ahb/dh)

Vice President of the Republic of Indonesia: Religious Court Is an Important Part of

the Sharia Economic Ecosystem

(National Sharia Economics Webinar)

Presenting the National Leader

Wednesday, 26 August 2020, MARI's Directorate General of Religious Courts (Badilag) in collaboration with the National Sharia Council of the Indonesian Ulama Council held a virtual national seminar with the theme Strengthening & Enforcement of Sharia Economic Law Justice in Indonesia.

This seminar presented some speakers, which are the Vice President of the Republic of Indonesia/Chair of the National Sharia Council, Prof. Dr. KH. Ma'ruf Amin, Chief Justice of the Supreme Court of the Republic of Indonesia, Dr. H. M. Syarifuddin, S.H., M.H., Chief Justice of the 2012-2020 Supreme Court, Prof. Dr. H.M. Hatta Ali, S.H., M.H., Chairman of the Religious Chamber of the Supreme Court of the Republic of Indonesia, Dr. Amran Suadi, S.H., M.M., M.Hum., Director General of the Religious Courts of the Supreme Court of the Republic of Indonesia, Dr. Drs. H. Aco Nur, S.H., M.H., Deputy Chairman of the National Sharia Council, Prof. Dr. Jaih Mubarok, S.E., S.H., M.Ag. and from the Financial Services Authority, Dr. Setiawan Budi Utomo.

As the opening speaker, the Vice President of the Republic of Indonesia conveyed several important things related to the development of the sharia economy in Indonesia. Indonesia has become the country with the largest number of Islamic financial institutions in the world, with more than 5,000 institutions, consisting of 34 Sharia Banks, 58 Sharia Insurances, 7 Sharia Venture Capital, 163 Sharia People's Financing Banks (BPRS), 4,500 to 5,500 Sharia Cooperatives / Baitul Maal wat Tamwil, and there are also 4 sharia pawnshops.

The total assets as of April 2020 were IDR 1,496.05 trillion. This amount does not include Islamic stocks, the details are the Islamic capital market (sukuk and mutual funds) of IDR 851.72 trillion, Islamic banking IDR 544.86 trillion, and IDR 109.47 trillion of Islamic non-bank financial industry (IKNB). Indonesia also has the largest retail customers in the single market with a total of more than 23 million accounts, issued retail sukuk, and created the world's first Shariah Online Trading System.

In addition, the Vice President also emphasized the importance of the role of the Supreme Court, especially the religious courts in supporting the syariah economic legal system in Indonesia, "I appreciate the holding of this National Seminar, because it raises a strategic theme, Strengthening and Enforcement of Sharia Economic Law in Indonesia. Law enforcement is one of the pillars of Islamic economic implementation that has not received adequate attention.

Even though its existence is an important part of the Islamic economic ecosystem. Therefore, holding this seminar can be momentum for reforming and enhancing aspects of sharia economic law in Indonesia," he said. Closing the speech as well as opening this national seminar, the Vice President of the Republic of Indonesia expressed his appreciation for the Directorate General of Badilag and DSN MUI for holding a national seminar that is very relevant to current socio-economic developments.

The Chief Justice of the Republic of Indonesia as the main speaker, conveyed several important things related to Supreme Court policies in supporting the government's efforts to create a climate of ease of doing business, including in the field of sharia economics. Throughout 2019, the Supreme Court through its Working Group has carried out various reforms related to ease of doing business, including, First, refinement of the legal framework for electronic courts through Perma/Supreme Court Regulation Number 1 of 2019 concerning Administration of Cases and Trials in Courts Electronically replacing Perma Number 3 of 2018, Second, Ratification of Perma Number 4 of 2019 concerning Small Claim Court Procedure. Third, Training that supports the Ease of Doing Business.

In order to simplify and facilitate the process of doing business and investing. He also conveyed the impact of the policy of the Supreme Court in his speech, "Religious court judges also have an important role in encouraging the ease of doing business in the sharia economic sector. Evidently, from the 308 sharia economic cases handled by first instance court judges in 2019, 168 cases, or 54.54% were filed in the form of Small Claim Court Procedure.

This figure shows that the mechanism established as a friendly for business people has been welcomed in the field of Islamic economics. And what is even more proud, from the 168 cases of small claim court, 91.38% of them can be resolved in less than 25 days."

In his remarks, the Director-General of Badilag as chairman of the organizing committee said that this seminar activity was held in collaboration with the Supreme Court of the Republic of Indonesia-Directorate General of the Religious Courts with the National Sharia Council of the Indonesian Ulema Council, with the aim of:

1. 1. Increasing the capacity of religious court judges in adjudicating sharia economic disputes;
2. 2. Equalizing perceptions on the application of sharia economic law;
3. 3. Increasing the knowledge and insight of stakeholders in the implementation of sharia economy in Indonesia;
4. 4. Strengthening public confidence in religious courts in resolving sharia economic disputes; and
5. 5. Disseminating sharia economy and the prospects for implementing sharia bankruptcy law in Indonesia.

This national seminar drew attention and interest from the public. Besides being attended by 412 religious courts and 29 high religious courts, sharia banking, practitioners of sharia law and economics, faculties of sharia and law at UIN / IAIN throughout Indonesia, participants who took part in this seminar were 1701 people, either through Zoom, or who watched via YouTube live streaming.

Strengthening and Enforcement of Sharia Economic Law

The growth and development of the sharia economic system in Indonesia is so fast because it is politically supported by the government and by various components of the economic community in Indonesia. With this perspective, Indonesia is expected to become the "Qibla of the World Sharia Economy", as stipulated in the master plan and grand design of Islamic economics in Indonesia. To realize these ideals, it is deemed necessary to strengthen the Islamic economic system in various aspects, including the settlement of disputes.

The Religious Courts under the Supreme Court are the executors of judicial power that are authorized by laws and regulations in Indonesia to resolve sharia economic disputes by litigation. For this reason, it is necessary to increase the capacity and professionalism of judges in examining and adjudicating sharia economic cases, to provide decisions that fulfill a sense of justice, certainty, and benefit so that the level of trust of the sharia business community in the judiciary is higher, so that the climate of ease of doing business in the field of sharia economy in Indonesia is more open, which in turn can support the acceleration of national economic growth.

Judges in adjudicating sharia economic cases, of course, cannot be separated from the sources of laws and regulations that apply in the field of sharia economics. For this reason, judges need to understand more comprehensively about the history, dynamics, and the ins and outs of discussion and debate among experts accompanying the birth of each fatwa of the National Sharia Council (DSN) of the Indonesian Ulama Council (MUI).

In-depth understanding is a necessity for judges to be easier, more precise, and correct in implementing it when examining and adjudicating sharia economic cases submitted to religious courts. The DSN MUI fatwas are a source of law for the birth of government regulations in the field of sharia economics, including the Financial Services Authority (OJK) Regulation, Bank Indonesia Regulation, Minister of Finance Regulation, and others. Until now, there have been 130 (one hundred and thirty) fatwas issued by DSN with various variations of the contracts that it regulates.

In addition, the MUI DSN also needs to get feedback (feedback) from every DSN Fatwa that has been published in order to determine the effectiveness of its implementation in concrete cases that occur in the community, and the resolution is proposed to the religious court.

The settlement of sharia economic disputes through litigation in religious courts is still hampered by the procedural law aspects, especially the legal aspects of sharia bankruptcy. Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases does not yet regulate sharia bankruptcy. Whereas in reality, several sharia economic disputes submitted to the religious court are closely related to the issue of bankruptcy and sharia commerce, which have not clearly been regulated in the procedures and the procedural law. There needs to be a Working Group (Pokja) on sharia bankruptcy to become material for the National Working Meeting (Rakernas) for sharia economic bankruptcy. Based on this, it is very important to increase the capacity and capability of the religious courts in resolving sharia bankruptcy cases in sharia commercial cases.

Indonesia's position in the Global Competitiveness Index published by the World Economic Forum (WEF), especially the aspect of ease of doing business, is still very low compared to other countries. One aspect that is still under the spotlight is the level of legal certainty in dispute resolution and execution of decisions that require a quite expensive and long time, cost, and labor. In reality, the execution of sharia economic decisions is often hampered by the lack of support from various related institutions, and other technical problems that all components of the nation need to find solutions to, including the executive, legislative, and judiciary, so that the objectives of the Indonesian rule of law can be realized. (ahb/ak)