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1882-1937

1st August 1882 was the moment when Religious Court as a part of state administration system was formally acknowledged in particular areas: Java and Madura. The Decree of King Willem III No. 24 in 19th of January 1882 legalized the establishment of the Religious Court within state administration. The Decree was documented on Staatsblaad 1882 No. 152 consisting of 7 articles.

However, some of Dutch law experts consistently criticized governmental policies toward the function of Religious Court which adopted Islamic norms, something that had been introduced by Van den Berg through his theory of Receptio in Complexu. Cornellis Van Vollenhoven and Christian Snouck Hurgronye were two leading figures who tried to eradicate the influence of Islamic values within court system. They introduced Receptie theory as antithesis to Receptio in Complexu theory. While Receptio in Complexu theory acknowledged the function and influence of Islamic norms within civil court, Receptie theory tried to demonstrate that civil law practiced by indigenous people were originally derived from custom. Thus, any Islamic norms incompatible with custom had to be ignored.

Unfortunately, Dutch government accepted Receptie theory to replace Receptio in Complexu theory as it signaled by article 134: (2) Indishe StaatregelingStaatsblaad 1882 No. 152. As a result, Duth colonial created commission to formulate regulation on Religious Court. The commission consisted of: 3 chief-districts, 5 ulama, 2 representatives of religious body, and 1 law expert. They recommended three agendas as mentioned in Staatsblaad No. 53/1931. First, the function of Penghulu was restricted only to marriage affairs. Second, the Landraad involvement in property dispute between indigenous people. Third, the establishment of inheritance center for indigenous people. and

Responding to the implementation of Receptie theory, Hazarain claimed that Islamic values and norms should be adopted in civil law for Indonesian people since Receptie theory contradicted to the teaching of Quran and Sunnah.

To sum up, Religious Court had been formally and officially the part of state administration system on August 1st , 1882. The date is the anniversary for Religious Court in Indonesia.

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