Decision Of The Religious Court Before And After The Enactment Of Law Number 7 Of 1989

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The Evolution of the Religious Court in Indonesia: A Comparative Analysis of Decision-Making before and after Law Number 7 of 1989

Introduction

The Religious Court (PA) in Indonesia has undergone significant transformations since the enactment of Law Number 7 of 1989. Prior to this law, the PA's authority and position were limited, with decisions requiring reinforcement and execution from the District Court (PN). However, with the passage of Law Number 7 of 1989, the PA gained new strength, enabling it to carry out its functions independently and effectively. This article aims to provide a comprehensive analysis of the decision-making process of the PA before and after the enactment of Law Number 7 of 1989, highlighting the challenges and opportunities that have arisen.

The Pre-Law Number 7 of 1989 Era: Limited Authority and Power

Before the enactment of Law Number 7 of 1989, the PA's authority and position were not strong. Every decision issued by the PA required a strengthening and execution of Fiat from the PN, a mechanism created by the Dutch colonial government to control and limit the role of the PA. The PA's structure, lacking a bailiff, made it difficult to execute its own decisions. This limited the PA's ability to carry out its functions effectively, leading to a lack of public trust and confidence in the institution.

The Post-Law Number 7 of 1989 Era: New Strength and Authority

The enactment of Law Number 7 of 1989 marked a significant turning point in the history of the PA in Indonesia. The law granted the PA new strength and authority, enabling it to carry out its functions independently and effectively. The PA's decisions no longer required reinforcement from the PN, and it was given the authority to execute its own decisions. This shift in power and authority has had a profound impact on the PA's ability to serve the Muslim community in Indonesia.

Challenges of Execution of PA Decisions

Despite the gains made by the PA after the enactment of Law Number 7 of 1989, the institution still faces several challenges in executing its decisions. One of the main obstacles is the shortage of bailiffs, which has led to the execution of decisions being carried out in an ex officio by the Registrar or Substitute Bagin. Additionally, there is still a lack of public knowledge and awareness about the PA's competencies, particularly in handling inheritance and grant cases.

The Role of Public Knowledge and Awareness

Public knowledge and awareness about the PA's competencies play a crucial role in the effective execution of PA decisions. The lack of understanding about the PA's role in handling inheritance and grant cases has led to many Muslim communities in Medan choosing to resolve their disputes in the PN, despite the PA's competency in these matters. This highlights the need for increased public education and awareness about the PA's role and functions.

Conclusion

The enactment of Law Number 7 of 1989 has been a significant milestone in the history of the PA in Indonesia. The law has granted the PA new strength and authority, enabling it to carry out its functions independently and effectively. However, a long journey to the enforcement of Islamic law in Indonesia still continues. To overcome the challenges faced by the PA, there needs to be an effort to increase public knowledge and awareness about the PA's competencies, as well as strengthen the PA's infrastructure and resources.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. Increase public knowledge and awareness: There is a need to increase public knowledge and awareness about the PA's competencies, particularly in handling inheritance and grant cases.
  2. Strengthen PA infrastructure and resources: The PA's infrastructure and resources need to be strengthened to enable the institution to carry out its functions optimally.
  3. Improve public trust and confidence: Efforts need to be made to improve public trust and confidence in the PA, particularly in the Muslim community in Medan.

By implementing these recommendations, the PA can continue to play a vital role in serving the Muslim community in Indonesia, and the enforcement of Islamic law can be carried out effectively and efficiently.
Frequently Asked Questions: The Evolution of the Religious Court in Indonesia

Introduction

The Religious Court (PA) in Indonesia has undergone significant transformations since the enactment of Law Number 7 of 1989. As the institution continues to evolve, there are many questions and concerns about its role and functions. In this article, we will address some of the most frequently asked questions about the PA and its decision-making process.

Q1: What is the role of the Religious Court (PA) in Indonesia?

A1: The PA is a judicial institution in Indonesia that is responsible for handling cases related to Islamic law, including inheritance, grant, and family law. The PA's primary role is to provide a fair and just resolution to disputes between parties, in accordance with Islamic principles.

Q2: What was the situation like before the enactment of Law Number 7 of 1989?

A2: Before the enactment of Law Number 7 of 1989, the PA's authority and position were limited. Every decision issued by the PA required a strengthening and execution of Fiat from the District Court (PN), a mechanism created by the Dutch colonial government to control and limit the role of the PA.

Q3: What changes were made to the PA's authority and position after the enactment of Law Number 7 of 1989?

A3: After the enactment of Law Number 7 of 1989, the PA gained new strength and authority, enabling it to carry out its functions independently and effectively. The PA's decisions no longer required reinforcement from the PN, and it was given the authority to execute its own decisions.

Q4: What are some of the challenges faced by the PA in executing its decisions?

A4: Despite the gains made by the PA after the enactment of Law Number 7 of 1989, the institution still faces several challenges in executing its decisions. One of the main obstacles is the shortage of bailiffs, which has led to the execution of decisions being carried out in an ex officio by the Registrar or Substitute Bagin.

Q5: What is the role of public knowledge and awareness in the effective execution of PA decisions?

A5: Public knowledge and awareness about the PA's competencies play a crucial role in the effective execution of PA decisions. The lack of understanding about the PA's role in handling inheritance and grant cases has led to many Muslim communities in Medan choosing to resolve their disputes in the PN, despite the PA's competency in these matters.

Q6: What are some of the recommendations for improving the PA's effectiveness?

A6: Based on the findings of this study, the following recommendations are made:

  1. Increase public knowledge and awareness: There is a need to increase public knowledge and awareness about the PA's competencies, particularly in handling inheritance and grant cases.
  2. Strengthen PA infrastructure and resources: The PA's infrastructure and resources need to be strengthened to enable the institution to carry out its functions optimally.
  3. Improve public trust and confidence: Efforts need to be made to improve public trust and confidence in the PA, particularly in the Muslim community in Medan.

Conclusion

The Religious Court (PA) in Indonesia has undergone significant transformations since the enactment of Law Number 7 of 1989. As the institution continues to evolve, it is essential to address the challenges and opportunities that have arisen. By increasing public knowledge and awareness, strengthening the PA's infrastructure and resources, and improving public trust and confidence, the PA can continue to play a vital role in serving the Muslim community in Indonesia.