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Post 1977

With the discharge of Regulation of the Supreme Court No. 1 /1977 on Cassation Procedure in civil and criminal cases by Religious Court and the Military Court, and Decree of the Supreme Court No. 04/1977 on Implementation of Court Supervision toward Cassation within Religious and Military Court, also by removing Decree of Directorate of Religious Court Advisory No.DIV/Ed/1989/1978, there was a broad way for cassation process to the Supreme Court. Since the opening of cassation for Religious Court to the Supreme Court, the institution of Religious Court had been equal with other courts in terms of holding judicial authority as meant by the Constitution 1945.

After this decisive moment, the relationship between the Department of Religion and the Supreme Court took a more concrete form. The first step of this newly concrete relationship was conducting a meeting. In the history of Religious Court, this was the first meeting where the Supreme Court, the Department of Religion and Religious High Court of Indonesia attended together. The meeting was held on May 29 at Kartika Candra Hotel in Jakarta. The result of the meeting was truly beneficial. The first was about the implementation of supervisory duties. Related to this agreement there were two points concluded: (a) Appellate Religious Court was capable of taking supervisory task in each region; (b) There was a need for operational guidelines issued by the Supreme Court to support the implementation of supervisory task.

The second agreements of meeting were about the necessity of Islamic law experts within the Supreme Court, the solution of marriage, divorce, and reconciliation cases had to be a priority, and the guideline of case submission procedure to the Supreme Court had to be formulated.

In 1982 the second meeting between the Supreme Court, the Ministry of Religion and Appellate Religious Court conducted in Jakarta. There were major decisions made in this meeting:

The goal of the Religious Court advisory was to strengthen the legal awareness and legal certainty in the corridor of Indonesian law system.

Since Legal Procedure within Religious Court as meant by Law No. 14 /1970 had not been produced yet, then Religious Court could use the existing regulations. Besides, the Court could interpret the rules based on Qur'an, Hadith, Islamic Jurisprudence, and The Code of Islamic Jurisprudence. Even so, to complete legal procedure Religious Court could refer to the law applied in General Court as guidance. Supervision of the Supreme Court toward juridical technique in Religious Court as meant by Article 11 Paragraph 1 of Law No. 14 /1970 included: (1) Judicature proceeding, (2) The achievement of religious judges, (3) Attitudes and morals of religious judges in and outside agencies;

Supervision of court performance was done through periodical reports from the Directorate General of Religious Court Body, while supervision to the achievements of religious judges was done through periodical and incidental reports. And the supervision to morals and attitudes of Religious judges was through incidental reports.

To make an effective supervision in the field of juridical practice, then the Appellate Religious Court was given the task to supervise Religious Court within the area, while the supervision of the Appellate Religious Court was directly conducted by the Supreme Court.

The relationship between Religious Court and Department of Religion Affairs was totally separated in 2004 when Religious Court was affiliated into the Supreme Court in all aspects. Based on Presidential Decree No. 21/2004 on the Organizational, Administrative, and Financial Affiliation of General Court, Religious Court, and State Administrative Court into the Supreme Court., the relation between Religious Court and the Supreme Court had completely advanced.

Office Address

Supreme Court Secretariat Building  (Lt. 6-8)

Jl. Jend. Ahmad Yani Kav. 58 ByPass Jakarta Pusat

Telp: 021-29079177 
Fax: 021-29079277

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