Coherence of Divorce Registration Authority Regulation on Laws Religion Court by Using Principle of Proper Law Establishment

Abstract

The establishment of Law No. 7 of 1989 on Religion Court is the order of Law No. 14 of 1970 on Basic Provisions of Jucial Power in regulating the formation, authority, and the legal process which are applicable in the area of religion court. However, on Article 84 clause (4) Law No. 7 of 1989 on Religion Court it founds the normative fact of authority regulation of divorce registration by giving this authority to clerk of the religion court to publish divorce certificate as the evidence of the divorce status. This Law has been revised by Law No. 3 of 2006 and Law No. 50 of 2009, but this regulation is not included of the alteration article. Law No.12 of 2011 on Establishment of Laws and Regulation has decided that in forming the Laws regulation must be based on the principles of proper law establishment. It means that the situation has to create balance among the kinds, hierarchy, and its substance. Furthermore, the substance of laws regulation should reflect the principles of legal order and certainty. This research was done to obtain the coherent truth in order to get some values or ordinance as reference to be analyzed.  This research used statue, comparative, and historical approach to solve the coherence of authority regulation of divorce registration on Laws of Religion Court based on principles of proper law establishment, these are the principles of suitability among the kinds, hierarchy, and its substance and legal order and certainty principles. This research finds that the authority regulation of divorce registration on Laws Religion Court is not coherent with the principles of suitability among the kinds, hierarchy, and its substance, and it does not reflect the ordinance and law certainty principle.

Keywords: coherence, divorce registration, law of religion court, and principles of proper law establishment.