News & Event

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)

Badilag Makes Cooperation With UGM

Wednesday, February 12, 2020, at the Badilag Command Center, The Director General of Religious Courts, Drs. Dr. Aco Nur, S.H., M.H. with the Dean of the Faculty of Philosophy at Gadjah Mada University, Dr. Arqom Kuswanjono signed a cooperation agreement about the Tri Dharma of Higher Education. This event was attended by the Chairman of the PTA Jakarta, the echelon II and III officials of the Directorate General of Religious Courts, the Chairmen of all PA in Jakarta and the prospective students of Doctor of Philosophy of Law.

Both parties understood and agreed that the cooperation agreement that was held was based on the desire to help and prosper each other, aimed at improving and supporting the Tridharma activities of higher education and improving the quality of human resources in religious courts. This agreement includes doctoral education activities, lecturer research, community service, seminars, and workshops. Cooperation activities stand for 5 (five) years from the signing and can be extended by the agreement of both parties.In the near future there will be a special class of Doctoral Philosophy of Law for the religious court officials, so far there have been 10 people who have registered to join this program.

In his greeting, the Director General stated his commitment to fully support the learning interest of religious court employees. “I do it to facilitate and encourage religious court employees to continuously improve their quality through education, in the future cooperation with good reputation universities will always continue, "he said.

Meanwhile, after the signing of the cooperation agreement, The Director General gave an opportunity to the Dean of the Faculty of Philosophy of UGM to deliver a public lecture to the participants. In his speech, he emphasized the importance to equip themselves with science in facing the rapidly changing era. Philosophy is a source of knowledge needed to analyze all the problems that happen, including in the world of law and justice. (ak/ahb)

Visit of Australian National University, Macquarie University and Western Sydney University Students to Badilag

Last Tuesday, February 10th 2020, four Australian law students came along to visit the Directorate General of Religious Courts and Central Jakarta Religious Court (PA Jakarta Pusat). Leyla Kaya, from Macquarie University, Sermin Sayan from Western Sydney University, Freya Henfrey and Luca Sdraulig from Autralian National University designedly took a time to figure out more about religious court. They have been in Indonesia since mid-January in the context of an Internship at the Constitutional Court for one month long.

Tour at PA Jakarta Pusat

The students paid a visit to PA Jakarta Pusat before they came up at Badilag. Leyla Kaya, as a group leader stated her impression about why she wanted to visit a religious court. ‘”Australia and Indonesia have a huge differences about their court system. What’s interesting is the religious court,’ she said.

The group was welcomed by the vice chair Drs. Syuaib M.H in his office, accompanied by Dr. Tamah, one of PA Jakarta Pusat jugde. Mr. Syuaib friendly explained in general concerning history, development and authority of PA Jakarta Pusat. He also briefly explained various types of cases and the number of cases that increasingly registered to PA Jakarta Pusat during 2019. ‘Last year, we received more than 3000 cases. Nevertheless, we were able to wrap out about 92% of them with only 14 judges.’ Said Mr. Syuaib.

After hearing welcoming explanation and having a short discussion about religious court, the group was conducted a registry walk, which was a tour around the court. They looked around the court, studied about the organizational structure, office lay out and the flow of case registration. They started with studying about the PTSP (One Gate Service) section, the e-court desk, mediation room, waiting room and finally the court rooms. The tour ended in media center room of PA Jakarta Pusat by delivering the testimonial from each student.

“PA Jakarta Pusat is so hospitable and very open to the society. There are many services that the society can get with the easy access to reach the court.” Sermin Sayan said.

Visiting Badilag and Trying Command Center

After leaving PA Jakarta Pusat, the four law students arrived at Dirjen Badilag office which is only about 500 meters away from PA Jakarta Pusat. They were warmly welcomed by the Director General himself, Dr. Drs. Aco Nur, S.H., M.H. and directly guided to look around into Religious Court Gallery to see various things about religious court that contains about the history, historical objects and religious court figures.

They were also invited to see Badilag Command Center. The Director General explained the use of Command Center. In addition to coaching and supervising, it is also used as a national data center as well as learning center in the form of public lectures, seminars and discussions. “We have invited Supreme Court Judge and several guests speaker from outside Mahkamah Agung to give public lectures here. Every person in Religious court may come to participate in the discussion.’ Claimed the Director General.

The Director General then connected the Badilag Command Center with PTA Banjarmasin and PTA Jayapura to hold dialogues with the students. In the smooth and warm dialogue, there was a discussion about the development of religious court today. Luca Sdraulig asked about what Zona Integritas is. Earlier, He heard that PA Jakarta Pusat was awarded with predicate Wilayah Bebas Korupsi/ WBK (Corruption Free Area). ‘What is that meant?’

The Director General explained that Zona Integritas is a program of Indonesia government, Kemenpan RB to manifest a clean bureaucracy and be free of corruption. ‘Nowadays, there are 29 courts have been awarded with the WBK predicate and this year we will submit about 250 courts to join the program.’ Explained the Director General.

While Leyla Kaya stated her impression about the development of religious court, especially related to Information Technology. “I feel it is hard for religious courts to run the use of IT, yet it is a huge challenge. In Australia, we had experienced such thing and the progress to electronic service has been growing rapidly.’” Said the Turkey-Australian woman who works for Family Court of Australia.

At the last session, The Director General highly appreciated for the visit and declared that he might start a collaboration with some popular universities in Australia to gain the development of human resource of religious courts. (dh/ahb)

Almost a Hundred Religious Courts/MS Accept Accreditation Certificate

Makassar l Badilag.mahkamahagung.go.id

A total of 98 Religious Courts at first level in religious court jurisdiction have achieved accreditation certificates. In details, 82 courts for A Excellent predicates and 16 courts for B predicates.

This handover process of accreditation certificate to 98 religious courts / mahkamah syar'iyah was conducted by the Chief Justice of the Supreme Court Prof. Dr. H. M. Hatta Ali, S.H., M.H. in Makassar on Wednesday (29/11/2017), followed by submission of accreditation certificates for courts from general courts, military court and administrative court.

98 religious courts at first level in religious court jurisdiction which gained acredititation certificate consist of 37 religious courts for Class I A , 26 courts for Class I B, and 35 courts for Class II.

Currently, religious courts at first level in religious court jurisdiction amount 359 consist of 76 for Class IA, 109 for Class I B and 174 for Class II. Therefore, overall, 98 out of 359 or 27% of RC / MS have been accredited.

Accreditation in religious court jurisdiction is named with the Quality Assurance Accreditation System (SAPM). This accreditation covers four aspects, namely court management, court clerk administration, secretarial administration and court facilities.

The process began early this year. First of all, Directorate General (Badilag) established the SAPM Committee, then prepared SAPM guidelines, recruited candidates for assessors, then trained them. After that, each of RC / MS prepares, by forming the SAPM Team and preparing documents.

The next process is an internal assessment by each RC / MS. The assessors of each High Religious Court / MS Aceh conducted an external assessment. The results were sent to the SAPM/Badilag Committee.

The results from external assessment will be verified by the SAPM/Badilag Committee and Team visited to RC / MS which nominated by High Religious Court / MS Aceh. It’s aimed to check court facilities.

With combining four aspects of the assessment, the Committee decided the final result and announced it through the official website Badilag last week.

Director General of Badilag Dr. H. Abdul Manaf, M.H. congratulating to 98 courts which have achieved accreditation.

This accreditation is not the end, but the beginning of a new chapter in performance and service. Each year, dozens of RC/ MS will be checked for consistency, through surveillance assessment.

The accreditation certificate is valid for only three years. Within that time, the accreditation status of 98 RC / MS can be stable, up or down.

Director General of the Religious Courts, expects that RC, whether accredited or not, to maintain the performance. "Maintain the cleanliness of the office and its environment," said Director General. (H2o)

Chief Justice Innaugurates Justice Amran Suadi as Chief Chamber of the Religious Courts

Jakarta | badilag.net/english

Chief Justice Prof. Dr. H. M. Hatta Ali, S.H., M.H. inaugurated two Chief Chambers, previously known as Deputy Chief Justice, of the Supreme Court on Wednesday morning (12/4/2017). The two inaugurated Chief Chambers are Dr. H. Amran Suadi, S.H., M.H., M.M., as Chief Chamber of the Religious Courts and Dr. H. Sunarto, S.H., M.H. as Chief Chamber of Supervision.

Amran Suadi replaces the position of his predecessor, Prof. Dr. H. Abdul Manan who retired two months ago. While Sunarto takes the place of Dr. H. M. Syarifuddin who is now Vice Chief Justice of Judicial Affairs.

Before assuming the Chief Chamber of the Religious Courts at the Supreme Court, Amran Suadi was a justice elected on September 2014. He started his career as a staff member at Religious Court (PA) of Tebing Tinggi, Medan. He then became a judge at PA Medan and Chief Judge at PA Kisaran. Years later he was appointed as Chief Judge of PA Medan, then a high judge in Medan and high judge at Supreme Court Supervisory Body. He was Vice Chief Judge of PTA Surabaya before elected as a justice.

During his leadership at the Religious Courts, Amran Suardi achieved various awards for his achievement in displaying good public and judicial services in his offices.

|Achmad Cholil|

Badilag Makes Cooperation With UGM

Visit of Australian National University, Macquarie University and Western Sydney University Students to Badilag

Almost a Hundred Religious Courts/MS Accept Accreditation Certificate

More Articles ...

Office Address

Category