Dualism of Authority on Divorce Registration

Abstract

The religion court is one of judiciary power to carry out of judicial process to establish justice. In the legal reforms era that uphold the principles of the rule of law according to the Constitution of the Republic Indonesia 1945, there was still issue of the authority of the religion court in conducting the divorce registration with the authority issued divorce certificates based on Article 84 (4) Law No. 7 of 1989 on Religion Court which was revised  by Law No. 3 of 2006 and Law No. 50 of 2009. On the other hand, Law No. 23 of 2006 on Population Administrative which was revised by Law No. 24 of 2013 envisaged that the authority to conduct the divorce registration with the authority issued divorce certificates is included within population administrative. It is the authority of the government (executive). This way, it is submitted that Law No.7 of 1989 on Religion Court which was revised  by Law No. 3 of 2006 and Law No. 50 of 2009 is unconformity with Law No. 23 of 2006 that emerges the uncertainty law happens. This reasearch uses statute, comparative, and historical approach, and finds that the religion court as judiciary power doesn’t have authority to conduct the divorce registration, but it belongs to the government (executive function or administrative function).

Keywords: dualism, authority, and divorce registration.