Connection Point Between Religious Court and General Court because of Legislative Process

The position of Religious Court and General Court in the Act No 3/2006 on the article 50 verse (1) and verse (2) still leaves connection (aanknopingspunten). Ibnu Elmi AS Pelu in his dissertation entitled "Connection Point of Religious Court and General Court Authority in Indonesian Legal Regulation" tries to uncover the factors that cause the connection, because of legal objectives, or legal politics interest.

The dissertation is examined on Monday (9/8), in New Building of the Universitas Brawijaya Faculty of Law by Examiners team Prof Dr Afdol SH MH, with Dr Isrok SH MH, Dr Jazim Hamidi SH MH, Dr Bambang Winarno SH SU as the members. While the Guiding Comission are Prof Dr Achmad Sodiki SH, Dr Sihabudin SH MH, Dr Abdul Rachmat Budiono SH MH. Ibnu Emil passed with cumlaude title.

In his dissertation, Ibnu Elmi concludes that interest factor in legal politics has an important role in the connection. From his research result that has been researched normatively, he found the trends of the existence or competence of Religious Court is heavily influenced by political interest and islamophobia issue, rather than jurisdiction issue. Viewed from the historical aspect since Ducth colonial era, islamophobia also produce siding product of law, such as the forming of religious court with limited authority. yet in the independence era, connection also happening, as an example, in the Act No 21/2008 on Syaria Banking. On the article 55 on the dispute, there is a dualism of settlement. Reduction of Religious Court's authority on verse 1 aims to the authority of two litigate institution: Religious Court - General Court.

In his book, "Two Traeaties Government", John Locke said that there is a need of power distribution in a nation. In Miriam Budiarjo's translation, Tris Politica Montesquieu can no longer be translated as separation of power but as distribution of power. Based on that premise, Ibnu Emil views that there is a need to separate the authority between general court and religious court.

To realize the power distribution, Ibnu Emil propose the concept of theory, Ishlah Paradigm for the forming of legal regulation. The concept of Ishlah is used in the effort to settle the disputing sides in line with the Islamic ethic teachings. The concept of Ishlah is applied on the legislation level, so that the connection might end if the legislators are willing to ishlah. In his description, Ibnu Elmi stated that the legal product is pure, while the actors might be impure. [ai]

Source: http://prasetya.ub.ac.id/