News & Event

Badilag Held Virtual Serial Lecture Presenting Supreme Judge From Religious Chamber

Since April 29th 2020, in order to improve the quality and capacity of judges and all religious court apparatus on judicial technical issues, The Directorate General of Religious Court has been conducting weekly training and studies by presenting the Supreme Court judge from Religious Chamber as a guest speaker.

The study was held online. The first lecture was opened by the Chairperson of Religious Chamber of Supreme Court last month. The second was delivered by The Honourable H. Purwosusilo, S.H., M.H, one of Indonesia Supreme Court Judge from Religious Chamber, by the topic Confiscation and Execution Issues on Friday from 9 to 11 am at local time.

On the first Friday of Ramadhan, exactly at 9 o’clock at local time, the agenda that has been long scheduled finally started. On this opportunity, all the technical apparatus of the religious court were instructed to join the lecture. All the chairs of the high court as well as the chairs of the first instance court with 1A grade which located at the capital of province joined in via ZOOM. Meanwhile, all appellate judges, first instance judges and all the officials of religious courts from all over Indonesia can watch via Badilag Youtube Channel streaming line. Each participant accessed through their own gadget, to conduct the COVID 19 protocol.

The Director-General of Religious Courts, Dr Drs. Aco Nur, S.H., M.H. opened the lecture live broadcast. This activity aimed to gain the capacity and quality of the judges and all the religious court officials performing their duty. The study was designed to be held routinely by presenting the judge from Indonesia Supreme Court. “This lecture will be held routinely and raising the law topic and issue in the religious court. Last week, we had started the study by inviting the chief of the religious chamber of Indonesia Supreme Court, The Honourable Mr Amran Suadi. Today, we have in front of us, The Honourable Mr Purwosusilo as our guest speaker with the topic, Confiscation and Execution. I hope all the religious court apparatus, especially the technical officers can seriously come along the lecture so it will not pass in vain.” said the Director-General of Religious Court before asked Mr Purwosusilo to begin the lecture.

The Problem of Confiscation and Execution

The Hon. Purwosusilo started his explanation with a couple basic issues that may occur in the practice of the religious court. Some of those are confusion between the interlocutory verdict and final verdict, obscure exception consideration, rejected lawsuit without proofing and also recognition with clause. Get into the main topic, He started by revealing some issues in practising confiscation and execution. For instance, a document titled with real execution yet noted as confiscation in the minutes. Another instance, when the resistance of execution is approved, the execution kept continued. The issue may also come up about the restitution of the executed objects.

“Basically, there are two kinds of execution. Firstly, doing real enforcement. Another one is, paying some cash. In practice, we found out that the implementation of real execution often preceded by execution confiscation. Actually, real execution needs no confiscation. Confiscation urgently needed only for the enforcement of paying some cash after the object auction. Doing the real execution must be appropriate to article 1033 of Rechtsreglement Voor de Buitengewesten (Rv) and article 200 verse (11) of Herzien Inlandsch Reglement (HIR), that contained: plea, aanmaning/ warning, execution decision release, and implementation of execution. Meanwhile, paying some cash execution contained: plea, aanmaning/ warning, execution decision release (only when there is no Conservatoir Beslag/ confiscation execution), the implementation of confiscation execution, and finally the decision of execution/ auction.” Explained Mr Purwosusilo.

Further, He talked about an actual problem from one religious court. “There was a piece of land execution in a religious court that was titled as minutes of execution (Berita Acara Eksekusi) yet contained confiscation report. The object was found out still under controlled by the Defendant. Execution should be carried out in accordance with what had stated in the decision content. In the minutes of real execution, it must be stated: “to revoke the object’s right from the Executed and turn it over to the Execution Applicant.” Meanwhile, from the case mentioned, the minutes of execution didn’t state any. Other examples are, to empty (building/ house/ warehouse), to dismantle (building/ house), and any other orders.

“I still have another issue about legacy. The plea was submitted to Court A, but the inheritance is located outside that Court A’s authority (Court B). Court A decided to approve the plea and issued the execution. Since the property is under Court B’s authority, Court A asked Court B to carry out the execution. What happened next was, The Defendant fought back the execution through Court B. The legal action was granted by Court B, yet Court B still continued to execute the property as asked by Court A.” He said.

He then explained that based on article 207 verse (3) HIR, Book II had shown some clues that in principle, the resistance of execution does not suspend the execution that had been commanded. But, when the resistance shows the righteousness and is reasonable, so the execution that is carried out must be postponed until the resistance of the execution approved. Such a case provides the opportunity to appeal.

We can conclude that based on the article, when one case involves two religious courts at the same time, there must be good communication and coordination between two chairmen of the courts. This to avoid the issuance of two contradicting verdicts of one object. The Chairperson of the panel who set the case should report periodically to the Chairperson of the court about the cases that are handled. Likewise, the Chairperson to monitor the case progress.

Back to the case from The Hon. Purwosusilo In that case, the Chairperson of the panel should suspend the execution until the resistance was approved by the Court Chairperson. So, there will be no object gone nor sold by the time of execution. Further, He explained briefly and systematically about his argument.

The Enthusiasm of the Audience

As mentioned before, the lecture was attended online by all chairperson from all religious courts, include the religious court with grade 1A which located at the capital province throughout Zoom and Youtube streaming line. The enthusiasm of all people from religious courts

The Chairperson of PA Cilegon said, “I fully support this kind of activity. The breakthrough from The Director-General of Badilag to have us, supreme judges, from the Supreme Court give lecture and explanation is very necessary and can significantly gain our knowledge.”

The Chairperson from PA Sungai Raya commented, “We were so proud and satisfied joining this lecture, so that we may have broader thinking on how to do confiscation and execution in our district.”

Likewise, two chairperson before, Samsul Bahri from PA Tamiang Layang gave testimony, “Without coming along to Jakarta, we can immediately interact and ask some questions to the supreme judges about concrete problems we may find in our authority. This is so beneficial and efficient.”

This activity was highly expected to gain and improve the quality of all human resource in both material and technical of the judicial system, so the idea of justice supremacy can be felt real. (na/dh/ahb)

Badilag's New Breakthrough, Fit and Proper Test of the Court Leaders Virtually

Illustration: The Digital Map

A new step forward is done again by the Directorate General of the Religious Courts (Badilag). A big effort to make a modern court based on information technology is always done by holding Fit and Proper test virtually, for the participants of class II and class IB Religious Court (RC) leader candidates.

As a new step, Monday, May 4th, 2020, 86 test participants, class IB religious court leader candidates succeeded in following the assessment profile virtually. Assessment profile is an inseparable part of the Fit and Proper Test for Religious Court Leader Candidates. Tuesday, May 5th, 2020, 116 participants of Fit and proper test for Class II Religious Court Leader candidates have been scheduled by following the assessment profile virtually.

Overall, the participants are 202 judges. After finishing the assessment profile, they will have an interview by teleconference to take part in technical competence and religious justice managerial test by 9 examiners from The Supreme Court, which will be held on May 11th to 14th, 2020. The participants take the test from their work units located from Sabang RC until Merauke RC, from Tahuna RC until Ruteng RC.

The assessors are from the PPSDM Consultant in collaboration with Harrison Assessment. While the examiners are the Director-General of the Religious Courts, the Head of the Supervisory Agency, the Head of the Research and Development Agency, Law and Justice Education and Training, The Chairman of Religious High Court Jakarta, the Young Registrar of Civil Religious Justice of Supreme Court, the Director of Technical Staf of Badilag, the Director of Administrative Development of Badilag, the Secretary of Badilag, and one of the Senior Judge as the examiner of understanding the Arabic Book.

This step forward actually is not influenced by the pandemic outbreak of COVID 19, it just happened by coincidence. Since the beginning, the Director-General of Badilag has taken a breakthrough with deciding to conduct a fit and proper test virtually. This is indicated by the auction of assessor services procurement for the assessment profile required to hold virtual examinations. Until this report was published, 86 candidates for the IB class Religious Court leaders have successfully passed the assessment profile session. (sp/ak)

Jakarta | badilag.mahkamahagung.go.id

Dr. M. Syarifuddin, S.H., M.H. has officially become the Chief Justice of the Supreme Court for the 2020-2025 period after taking the oath of office before President Joko Widodo at State Palace, Jakarta, Thursday (30/4). The taking oath of M. Syarifuddin as the Chief Justice of the Supreme Court based on The Presidential Decree number 41/P the year 2020 concerning The Dismissal with Honor The Vice Chief Justice of the Supreme Court for Judicial Matters and Appointment of the Chief Justice of the Supreme Court, dated 21st April 2020.

“In the name of Allah, I swear that I will fulfill the obligation as chief justice of supreme court as well as and as justly as possible, uphold toughly the 1945 Constitution of The Republic of Indonesia and carry out all laws and regulations in a straightforward manner according to the 1945 Consitution of The Republic of Indonesia and dedicate to the homeland and the nation” M. Syarifuddin swore before President Joko Widodo.

Guests who attended the ceremony were limited, Obeying the Covid-19 prevention protocol, Invited guests must wear the mask and keep a 1-meter distance. Among present guests are Chief Justice of the Supreme Court for the period of 2012-2020, Prof. Dr. M. Hatta Ali, S.H., M.H., Vice Chief Justice for Non-Judicial Matters, Dr. Sunarto, S.H., M.H., Chief of Religious Chamber, Dr. Amran Suadi, S.H., M.H., M.M., Chief of Administrative Chamber, Dr. H. Supandi, S.H., M.Hum., Chief of Development Chamber, Coordinator Ministry of Politics, Law, and Security, Mohammad Mahfud MD, and many other guests.

M. Syarifuddin was elected as the 14th chief justice of the supreme court in a special plenary meeting on the chief justice of the supreme court election early last April. He was elected after getting 32 votes defeating Andi Samsan Nganro who gained 14 votes, He replaced Hatta Ali who entered the retirement period on 1 May 2020. (ahb)

Badilag Launches One-Stop Integrated Services (PTSP) Online Application & Call Center In The Midst Of The Spreading Covid 19

In the midst of an uncertain situation caused by the widespread COVID 19, the government issued a policy to anticipate the spread of the virus by shutting down schools and offices, closing down centers and places of worship, prohibiting the implementation of activities involving many people. This has caused government services including the court services, to be hampered.

Directorate General of the Religious Courts (Badilag) has strongly committed to carrying out the directives and provisions of the government as well as the leadership of the Supreme Court in the performance of its principal duties and functions in the wake of coronavirus pandemic. So that the institution will keep running the service and at the same time obeying the government instruction to reduce risks for justice seekers and the whole judicial apparatus.

Badilag just launched the One-Stop Integrated Service (PTSP) Online application and Call Center. The Innovation answers some needs between Badilag and all religious and high courts in Indonesia which have so far encountered many obstacles caused by the distance and the long duration in coordinating each work program, staffing needs, and the policies of the Supreme Court.

The Director-General of Religious Courts, Dr. Drs. Aco Nur, S.H., M.H. said that all this time, often staff from many regions in Indonesia had to come directly to Jakarta to set some errands. Not only taking a long time, travel can also be very expensive. The PTSP Online and Call Center were launched to decrease the issue so that all problems and questions coming from the courts can be accessed and answered immediately from the office. “This (red: coming to Jakarta) was so ineffective and inefficient, with the presence of PTSP Online and the Call Center, all affairs and queries can be settled immediately. The application is also relevant in this pandemic situation that requires minimizing human interaction.” He said.

The online services provided by PTSP Online and the Call Center include:

Technical personnel information service.

The service gives information about the development and the coaching for technical personnel at religious courts and religious high courts such as promotion and mutations of judicial officers and any other staffs, stratification according to the rank of judicial officers and staffs, applying for the title of education, training, and also permits for continuing education.

Judicial administrative information service.

The service is about courts administration such as management, Certification of Quality Accreditation (Akreditasi Penjamin Mutu/ APM), implementation of Integrity Zone, legalization of Divorce Deeds, Case Tracking System (Sistem Informasi Penelurusan Perkara/ SIPP), e-Court, applications of Badilag, and many other religious court information systems. The service also provides information about statistic data from religious courts, including jinayah case.

Secretariat information service.

The service provides budgeting consultation, mutation costs, and any other nontechnical activities.

PTSP Online doesn’t just provide information, it also provides consulting services relating to the implementation of current Supreme Court policies, such as how to implement the Integrity Zone, SIPP, how to work with e-Court and how to install other supporting applications.

“All this time, a lot of queries come into Badilag regarding various issues such as how to implement a work program and policy. I want, that all services can be received through PTSP Online with a fast response. We hope the courts can get quick and clear explanations in order to work excellently.” Said the Director-General in his speech about PTSP Online in front of administrators and staff. (dh)

Directorate General of the Religious Courts (Badilag) in cooperation with the Family Court of Australia held a limited discussion trough Zoom, on Thursday, March 16th, 2020. The discussion took a theme about how the court deals with the crisis caused by the transmission of corona virus in many parts of the world and has taken a large number of people’s lives and also has drastically changed the way how human interaction is going.

Courts are not free from the effect brought on by this global pandemic. As an institution of law enforcement, especially the domestic courts, religious courts facing a pretty difficult dilemma. Since the judicial process is a fundamental need of a society, the court sentence will guarantee a person’s right that has been violated in daily life. In the middle of this uncertain situation, the domestic dispute is getting susceptive. On the other side, COVID 19 pandemic situation requires a wide restrict social interaction, compliance with handling, and preventing standards that have been set by the government. In turn, it also affects the judiciary process that requires in-person interaction between the society and the judiciary officers in the courtroom.

The discussion was headed by the Director-General of Badilag, Dr. Aco Nur., S.H.,M.H. assisted by the Secretary of Badilag, Drs. Arief Hidayat, S.H., M.M, the Director of Development Technical Personnel, Dr. Candra Boy Seroza, S.Ag. M.Ag, as well as the Director of the Development of Administration, Dr. Nur Djannah Syaf, S.H., M.H, and all of the echelon 3 of Badilag. As from the Family Court of Australia, they are Justice Judy Ryan, Kirsten Attard, Cate Sumner, Leisha Lister, and Suzane Piper.

Not only from Badilag and Family Court of Australia, the discussion was also attended by the Chiefs of Central Jakarta Religious High Court, Pontianak Religious High Court, Makassar Religious High Court, East Jakarta Religious Court, Surabaya Religious Court, Madiun Religious Court and vice of Rangkasbitung Religious Court and also Mr Wahyu Widiana from Australia Indonesia Partnership for Justice (AIPJ) who facilitated the discussion.

The discussion took two hours and led the exchange of information and experiences between the courts from those two different countries about how to manage the judicial process during the COVID-19 pandemic.

The importance of Obeying the COVID 19 Protocol

In the first session, the Director-General talked about how COVID 19 has been spreading out crazily in Indonesia and how The Supreme Court had set the policy to deal with it. The biggest obstacle is, the enormous number of cases are being processed during the COVID 19 situation, especially in Religious Courts. Therefore, it requires a systemic solution and approach to avoid the chaos caused by the piling up of unfinished cases that may hamper community legal rights. Moreover, there are various characteristics and different population density in each province in Indonesia, so the solution and approach must be fit to each region. “The supreme court has committed to follow the policy that had been set by Indonesia Government,” said the Director-General.

The DJ explained about the policy of the Indonesia Supreme Court through SEMA No. 1/2020 about the Guidance of the Duty Implementation during the COVID 19 Transmission Prevention Period in the Supreme Court and all the Courts Underneath it. The regulation instructs all the courts and the high courts to adjust the work system with the policy from the Ministry of PANRB, where all judiciary officers and another court officers can run the service away from home (Work from Home).

Further, the regulation explained that work from home is kind of running the services including court administration through e-Court. Meanwhile, the judiciary process will be run by e-Litigation, virtual coordination and meetings, and any other services. For the cases with a certain period of investigation, judges can procrastinate its investigation although exceeding the period. The judges can instruct the court clerk to note in the minutes of trial that the procrastination is caused by force majeure.

For the cases that need rapid completion, the session must be restricted from the visitors. The panel of judges can decide how many people may attend the courtroom, implement the social distancing for each visitor, check visitor’s body temperature before entering the courtroom, and prohibit physical contact such as handshaking.

The Court Must Go On

Justice Judy Ryan, a senior judge from the Family Court of Australia and also a coordinator of foreign affairs told about the global pandemic and how the crisis had affected the susceptible society, especially women and children.

Firstly, she conveyed that the court needs to keep running the service, due to protecting susceptible society’s rights. Globally, women, children, and the elder people will be strongly affected by COVID 19, so the number of lawsuits registered in the court will be keep increasing. It is important for the court to maintain a conducive working environment for the judiciary officers and any other officers. The court must become a role model and keep good communication between courts both domestically and abroad to share any experience. Not only that, but it is also important to set the priority scale on how to handle the cases.

International Commission of Jurists (ICJ) claimed the courts need a modest application to help to protect people from domestic harshness, harassment, and abandonment that may increase during the COVID 19 disease. For example in Hubei Province, where Wuhan is, the violence in a household has been growing three times, meanwhile, in Singapore, the violence has been growing about 33%, both in France and Cyprus is about 30% and also in Argentina is about 25%. The crisis took a family into the worst condition caused by loss of a job, a decrease income, gather in a limited place at the same time, and worsen both mentally and physically.

Secondly, the information about the process of the cases and the judicial process must be able to be accessed via the internet or line. The court website must be maximized to provide information for the society. This solution can lessen the procedure of direct registration and optimized the call center service. E-Court, for example, can be the solution as the legal aid for the needs.

The condition pushes us to be more adaptive to technology in working as well as in communicating. On the other hand, the ability of each staff is not the same. One staff may be more adaptive than the other. Judges and any other technical personnel are demanded to be also familiar with the technology by online training and quick technology project. This technology will give a huge benefit to society reaching the judiciary process such as information about the court.

Thirdly, the spread of COVID 19 affected the number of cases that may be registered after the pandemic period, which must be anticipated by the court. Along with the large number of cases registered, the demand for a fee waiver may also increase. Judiciary officers must all set to support the issue, especially the rising fee calculation of fee waived to give the optimum service to the society.

Last but not least, the judiciary practice must be modified in such a way to fulfill both the safety standards that have been set by the government and procedural law principals. “We need to formulate today in order to set the plan for the future, we need to learn from any other countries to exchange the information to handle this situation, so the technology will dominate the process,” Judy Ryan conveyed as the end of the speech.

The discussion continued to question and answer sessions. Some courts shared their experiences in facing the pandemic at one blow by asking some questions that keep the discussion running interestingly. (ahb/dh)

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