Position of Syar'iyah Aceh Court Based on the Law of the Republic of Indonesia Number 11 of 2006 Concerning the Government of Aceh

Abstract

Before the Presidential Decree of the Republic of Indonesia No. 11 of 2003 concerning the Syar'iyah Court and the Syar'iyah Court of Nanggroe Aceh Darussalam Province, there were 2 (two) views on the establishment of the Syar'iyah Court with regard to Law No. 18 of 2001, First, the Syar'iyah Court is a separate judicial body outside the Religious Court and the High Court of Religion, Second, the Syar'iyah Court is the development of the High Religious Court and the Religious High Court.  Which refers to Law No. 7 of 1989, concerning religious courts. But based on Article 1 paragraph (1) and (3) of KEPPRES Number 11 of 2003, the Existing Religious Court in Aceh Province was changed to the Syar'iyah Court and the Religious High Court in Banda Aceh was changed to the Provincial Syar'iyah Court, thus the second view contains the issue of court power when connected with the implementation of Islamic shari'ah as formulated in Aceh Provincial Regulation No. 5 of 2000,  about the Implementation of Islamic Shari'ah which also covers the field of muamalah and jinayah. The power of the Religious Court and the High Court of Religious Affairs, namely the fields of Marriage, inheritance, wills, grants, waqaf, zakat, infaq, sahdaqoh, and sharia economy. On the other hand, it develops in Acehnese society that wants the power of the Syar'iyah Court more broadly both in the field of ahwal al-shakhsiyah (family law), muamalah (civil law), and jinayah (criminal law based on Islamic shari'ah'at. This paper will describe the position of the Shari'iyah Court based on Indonesia's positive law.

Keywords: Position, Syar'iyah Court, Aceh

DOI: 10.7176/JLPG/118-15

Publication date: February 28^th 2022