Polemik Penyatuatapan Peradilan Agama di Bawah Mahkamah Agung

Ulin, Na`mah (2018) Polemik Penyatuatapan Peradilan Agama di Bawah Mahkamah Agung. Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, 52 (1). pp. 31-53. ISSN ISSN : 0854-8722; eISSN : 2443-0757

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This article explores the debatable problems concerning with the unification of the Religious Courts under the auspices of the Supreme Court. The transfer of authority of the Religious Courts from the Ministry of Religion Affairs to the Supreme Court was deemed inappropriate and uprooted Religious Courts from its historical roots. Therefore, it is necessary to analyze the historical context of Religious Courts and its contemporary dynamics in the form of its unification under the justice system in Indonesia. This research concludes that the positioning of Religious Courts under the auspices of Ministry of Religious Affairs since the independence era was not an attempt to weaken its authority, but rather an effort to save Religious Courts from the threat of dismissal. Religious Court was posed to the threat of dismissal during the political turmoil in the early establishment of Indonesian state due to disputes over the determination of ideal form of the Indonesian state, between a secular state, a religious state, or a nation state. Thus, the transfer of the Relligious Courts from Ministry of Religious Affairs to the same roof with other courts under the auspices of the Supreme Court is not an effort to reduce the authority of the Religious Court or weaken existence. In fact, this unification has returned the Religious Court to its approriate position and eliminated the long-standing negative stigma against this institution.

Item Type: Article
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180103 Administrative Law
Divisions: ?? DOS ??
Depositing User: Muhamad Hamim
Date Deposited: 02 Mar 2021 07:51
Last Modified: 02 Mar 2021 07:51
URI: http://repository.iainkediri.ac.id/id/eprint/207

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