POLITIK HUKUM PERADILAN AGAMA DALAM SISTEM KEKUASAAN KEHAKIMAN SEBELUM DAN SETELAH AMANDEMEN UUD 1945
| Main Author: | Tadjuddin, Moch |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2016
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11305/1/POLITIK%20HUKUM%20PERADILAN%20AGAMA%20DALAM%20SISTEM%20KEKUASAAN%20KEHAKIMAN%20SEBELUM%20DAN%20SETELAH%20AMANDEMEN%20UUD2.PDF https://eprints.untirta.ac.id/11305/ |
Daftar Isi:
- Political Law To Religious Courts In The Judicial Power System Before And After The Amendment Of The Constitution In 1945 UUD.1945 passed on August 18, 1945, Indonesia held the doctrine of rule of law and independent judicial power. In the history of the Homeland have a replacement for the constitution of the Constitutional UUD.1945 RIS, and to the Constitution. While. Returning again to the UUD.1945, so that the mandate of Article 24 and Article 25 of the Constitution. 1945 can not be implemented purely and consistently, even distorted, so that the judicial authorities as judicial power executor colonial legacy is still valid based on transitional rules UUD.1945. In the archipelago has recognized the existence of the Religious Courts as institutions of judicial power for the people who are Muslim, are authorized to settle disputes between them in civil and criminal cases. The situation is valid until the establishment of Islamic kingdoms and until the arrival of VOC with legal political known in komplexu reseptio theory, initiated by Van den Berg. Dutch colonialism changed the political theory of law with receptio theory initiated by Snouck Hurgroje and Ter Haar. Religious Courts still recognized, but limited and authority in the field of family law. Religious Courts can not implement its own decision, must be confirmed in advance by the District Court. It thus applies to Indonesia's independence, even until 1970. The political situation Religious Courts of law as mentioned above, ending with the Act was passed. No. 7 1989 Religious Courts on December 29, 1989. The Religious Courts as one of the institutions of judicial power and as an independent judicial body with authority settlement to the case outlined by Article 49 of the law and may implement its own decision. But it is still very possible existence altered or deleted, depending on the legal political body of lawmakers. Reforms in 1998 and was prolonged by UUD.1945 changes, specifically changes to Article 24 and Article 25, which governs the Judicial Power. Religious Courts as one of the executors of judicial authorities fall within Article 24 UUD.1945 change results. Changes in the Constitution. 1945 followed up with changes in the law. No. 7 of 1989 with the Act. No. UU.No.50 3 of 2006 and 2009. Under the law the existence and position of Religion Court is getting stronger and expanded its authority, including settling disputes shariah economic disputes, and within the Religious Courts may be established special courts, such as the Court Syari 'ah in Aceh province with the authority menyelesikan cases under the authority of the Religious and judge actions jinayah. Thus the existence of the Religious Courts agencies as one of the perpetrators body independent judicial power after the amendment of the Constitution. 1945 is constitutionally very strong