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Sufiarina
Universitas Tama Jagakarsa
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Journal : Indonesia Law Review (ILREV)

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ONE ROOF JUDICIAL SYSTEM IN INDONESIA Sufiarina, Sufiarina; Fakhriah, Efa Laela
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts. The objective of this research is to understand the developments in the endeavors towards bringing the Indonesian judicial system under the one roof judicial arrangement developed by the Supreme Court. The type of research applied is descriptive normative juridical research, namely legal research based on examining secondary data. As the research results indicate, the one roof system developed by the Supreme Court is already being implemented, with the exception of the Military Court and the Tax Court within the State Administration Court jurisdiction.
The position and authority of the Aceh Shari'a court on the Indonesian justice system Sufiarina, Sufiarina
Indonesia Law Review
Publisher : UI Scholars Hub

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Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law on Judicial Power which raises a legal issue and therefore requires juridical solution. The inconsistency is subject to juridical normative study within the scope of a research concerning the level of horizontal synchronization, using descriptive analysis. The method applied for data collection in this research is through literature study supported by field data. The data obtained is analyzed by using juridical qualitative method. This study concludes that, in fact, the Shariah Court is neither a special court, nor does it stand in two systems of courts. Both in terms of general administration as well as case management, the Shariah Court is a Religious Court for the territory of the Province of Nanggroe Aceh Darussalam, the competence of which has been expanded in the context of the implementation of special autonomy, particularly in the field of the implementation of Islamic shari’a.
Co-Authors Achmad Fariz Aprilian Afdal, Hidayatul Andi Fariana, Andi Efa Laela Fakhirah Efa Laela Fakhirah, Efa Laela Efa Laela Fakhriah Efa Laela Fakhriah Elianta Ginting Endang Hadrian Eni Jaya Esther Tarigan Friszki Wibisono Hendry Frand Tia Herman Sudrajat Herman Sudrajat Hidayatul Afdal M. Wira Utama Mahmud, Hamidullah Masri, Esther Retno Setiawati Rina Tauran Sri Wahyuni Sri Wahyuni Sri Wahyuni Sri Wahyuni Sri Wahyuni Sudrajat, Herman Widiya N Rosari Yetti Yetti