RELATION BETWEEN RELIGIOUS COURT AND SUPREME COURT
Before the Law No. 4 /2004 on Judicial Power, even before the issuance of Law No.35 / 1999 on Changes in the Law No.14 /1970 on Basic Provisions of Judicial Power, at that time the applicable law was Law No. 14 /1970. Article 10 Paragraph 1 states that Judicial Power was carried out by four areas of court’s scope: (a) the General Court; (b) Religious Court; (c) Military Court; (d) State Administrative Court.
The early relationship between religious court and the Supreme Court was directly related to the process of cassation. It was stated in Article 20 of Law No. 14 /1970 on Basic Provisions of Judicial Power that cassation toward court verdict can be delivered to the Supreme Court by the parties concerned as it is regulated by law.
Department of Religion referred to the provision above. Through Decree No. DIV/Ed/1989/1978 issued May 01, 1978, still maintained that in the area of Religious Court appeal verdict was a final. This meant that in the scope of Religious Court there was no cassation due to the absence of laws which regulate this kind of judicial settlement. Whereas the Supreme Court argued since it was about law procedure, Supreme Court had authority to regulate through the Regulations of Supreme Court. Legal basis for this authority was Article 131 of Law No. 1/1950 on the Supreme Court. The Supreme Court had used this authority several times. Even, through the Regulations of Supreme Court there had been additional articles toward Law, such as Regulation of Supreme Court No. 1 /1950).
The Supreme Court argued instead of the absence of law as meant by Article 20 of Law No. 14 /1970 on Basic Provisions of Judicial Power, cassation could still be performed based on the Regulations of Supreme Court. To support its stand point, the Supreme Court on November 26, 1977 issued Regulation of Supreme Court No. 1 /1977 on the Cassation Procedure in civil and criminal cases by Religious Court and the Military Court.
In the same day of November 26, 1977, the Supreme Court issued Decree No. 4 /1977, on Implementation of adjudication toward Cassation in the civil and criminal cases within Religious and Military Court. Considering Article 131 of Law No. 1 /1950 on the Supreme Court, the third point of the Decree affirmed that to be able to determine the procedure of court which is not regulated by any laws, there should be further studies, and finally, by issuing the Regulation of Supreme Court No. 1 /1977 in November 26, 1977, cassation application from Religious and Military Court can be addressed to the Supreme Court to be appropriately completed.
Responding the Decree of Supreme Court on the issuance of cassation procedure, Department of Religion through Religious Court Advisory issued Decree No. EV/Ed/1966/l979 on June 26, 1977 aimed to dislodge Decree No. DIP/Ed/1989/1978 issued on May 1, 1978. That was clear then, that cassation of Religious Court Verdict was sent to the Supreme Court. Since then, the last legal effort to please the parties to achieve justice must proceed to the Supreme Court. Finally, the government succeeded in issuing Law No. 7 /1989 on Religious Court which legitimized the procedure of cassation as meant by Article 20 of Law No. 14 /1970 on Basic Provisions of Judicial Power.