Eksekusi Putusan Pengadilan Agama=
The Execution Of Islamic Court Judicial Decision
(Case Study In Islamic Court Jurisdiction Of Banda Aceh
And Islamic Court Jurisdiction Of Langsa)
Sulaiman
Program Pascasarjana Universitas Sumatera Utara
Abstract
Article 2 of the Law Number 7 of 1989 about Islamic Court, that Islamic Court is created for the Moslems who want so find justice has confirmed the existence and judicial authority that has full autonomy, absolutely and equivalent with others courts, in the execution of Islamic court judicial decision is still met some hindrances ecenthought the decision has had legal power absolutely. This research is done to answer the problems of execution and existence of the decision fulfillment, based on the fact in the Islamic Court of Banda Aceh and Langsa. So it is necessary to be analyzed the execution fulfilment of Islamic Court judicial decision of Banda Aceh and Langsa Islamic Court and hindrances in the Islamic Court judicial decision fulfilment and solution to the hindrances which are met in the field.
Descriptive analytical research with juridical normative sociological approach were done to analyze the problems mentioned above. The research location are Banda Aceh city and Langsa Administrative City. Islamic Court of Banda Aceh and Islamic Court of Langsa are as samples. There are 50 respondents were chosen by primary data collect are questionnaire, interview direction and check list. While the secondary data are collected by library study. The analysis of the data are by qualitative method. The research, result show that execution fulfilment of Islamic Court judicial decision of Banda Aceh and Islamic Court judicial decision of Langsa have not followed the laws yet as well, because the judicial decision is still done by voluntary and give some warnings and informations, and also including report to the head of rural, look and visit directly that object that will be executed. There are many hindrances to do execution confiscate and judicial decision fulfilment, among other things: cost minus, so many lawsuit objects, execution obstruct and conversion of the execution object to the third party occurred. While the solution that can be done is in the preventive and persuasive ranks. Notwithstanding informally or clerk of court and bailiff policy effort to compromise the accused and the accuser, eventhought that effort never successful.
It is suggested to the executed parties in that jurisdiction can prevent the execution hindrances, as in the field check, lawsuit object limit is according to the summons in reality, and make head of rural as evidence, and chief of court maintains persuasive approach for ever to the accused/the executed to be ready to fulfil decision voluntary or either the accuser or the accused of the execution can be directed to do compromise execution. While the price of execution object less than execution cost so execution hindrance does not occure, the executed also voluntary obey the judicial decision.
Key Word : - The execution of Islamic Court Judicial Decision
- Inkrakh Lawsuits
- Voluntary fufilment
