The Effect of E-Court Implementation in Law Enforcement in Medan Class IA Religious Court

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The Effect of E-Court Implementation in Law Enforcement in Medan Class IA Religious Court

Nurasiah Harahap

Faculty of Law, Universitas Islam Sumatera Utara Sisingamangaraja Teladan Medan – 20217

Accepted: 25-05-2023 Revised: 05-06-2023 Approved: 22-06-2023 Published: 03-07-2023 DOI: 10.30596/dll.v8i2.14985

How to cite:

Harahap, N., (2023). “The Effect of E-Court Implementation in Law Enforcement in Medan Class IA Religious Court, De Lega Lata:

Jurnal Ilmu Hukum 8 (2): p. 202-218

Abstract

Starting August 19, 2019, Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Courts, known as e-Litigation, as amended by Supreme Court Regulation Number 7 of 2022. In the Class IA Medan Religious Court, the E-Court application has been applied to justice seekers. This research uses normative and empirical legal research, with the Statue Approach and Case Approach as well as the Conceptual Approach. Based on implementation research data and legal policies on case administration and trials in electronic courts, it has been carried out well, namely the respondent's questionnaire data providing socialization and assistance in the form of facilities provided in the use of E-Court so that there is an increase in the number of cases received from justice seekers because the trial process system is more effective by using the E-Court application and the influence of E-Court on law enforcement according to the respondent's questionnaire data that legal certainty is obtained by implementing E-Court has been achieved, this is due to fast decision E-Court because it is accessible and low cost.

Keywords: Class IA Medan Religious Court, E-Court, Law Enforcement.

INTRODUCTION

The work programs and policies of the Supreme Court in 2018 are mostly directed at the use of technology, especially information technology in the implementation of judicial tasks (Harris, Abd., & Nasution, 2022). Starting August 19, 2019, Supreme Court Regulation No.

1/2019 on Electronic Case Administration and Court Proceedings (PERMA No. 1/2019) came into effect, marking a milestone in the implementation of the court information system. The breakthrough was initiated by MARI, which rebranded the face of court services from conventional/physical face-to-face to electronic (online/online: within the network). If service users/litigants in a court are increasingly facilitated by this innovative product from MARI, called "E-Court". And to accelerate the realization of community welfare, various efforts need to be made to increase community participation in the administration of regional government (Affan, 2021).

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E-Court (electronic-Court/electronic court) is a service for Registered Users to register cases online, get an estimate of case fees online, online payment, summons made by electronic channels, and trials conducted electronically. E-Court is also an implementation of the Electronic-Based Government System (SPBE). Supreme Court Judge, Syamsul Ma'arif in an article entitled "Get Ready, Litigation through E-Court Starts This Year", said that an effective E-Court could save the time, cost, and energy of the parties and advocates who often queue for a long time when they have to go to court. The spirit of the creation of E-Court comes from Article 2 paragraph (4) of Law Number 48 of 2009 on Judicial Power, which stipulates that:

“Courts are conducted in a simple, speedy and low cost manner, hence it is necessary to reform administration and trials to overcome obstacles and barriers in the process of court administration”.

Then the highest judicial institution in the Republic of Indonesia, MARI, seeks to respond to the development of the globalization era which demands a more efficient and effective case administration and trial services. PERMA Number 1 of 2019 emphasizes the term electronic case administration and electronic trial.

Pursuant to Article 36 paragraph (2) of Supreme Court Regulation No.1 of 2019 on Electronic Case Administration and Court Proceedings, the Directorate General of Religious Courts is authorized to stipulate implementing regulations and/or amendments to case administration provisions that are necessary in accordance with the characteristics of the services and cases of each court to ensure the successful implementation of the Supreme Court Regulation.

The judiciary is one of the institutions closely related to the Ministry of Finance, especially the Directorate General of State Assets (DJKN). This is evidenced by the existence of the Legal and Information Section (HI) in the State Wealth and Auction Service Office (KPKNL) unit.

One of the main tasks of the position in the HI section is timely case handling. The executor of the Legal and Information section is assigned to carry out matters related to the trial, such as applying for a Special Power of Attorney (SKU), attending hearings, preparing answers, duplicates, proofs, and conclusions. With this connection, policies at the judiciary often have an impact on the HI unit of KPKNL.

"Courts help seek justice and try to overcome all obstacles and obstacles to achieve simple, fast and low cost justice." In realizing the achievement of simple, fast and low cost justice, reforms need to be made to overcome obstacles and barriers in the process of administering justice.

The demands of the times that require more effective and efficient case administration services in court are the background for the establishment of E-Court. As is known, the progress of information technology development makes convenience a demand. The efficiency and effectiveness of things that can be accessed online is no longer in doubt.

Considering this to achieve the United Nations' Global Agenda for Sustainable Development (SDGs) 2030 and to rebuild a more sustainable and inclusive socio-economic system for human society on both a local and global scale. While all human activities including business must face the social challenges and problems currently being faced post-Covid-19 to ensure that these human activities are more accessible to everyone, then the use of technology will play a role in every court, as well as the Medan Class IA Religious Court, the researcher wants to examine the effect of the implementation of E-Court in law enforcement.

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Based on the above reality, the researcher is interested in conducting research at the Medan Class IA Religious Court with the title: "The Effect of E-Court Implementation in Law Enforcement in Medan Class IA Religious Court".

RESEARCH METHOD

I Method or method research used in study is study law normative and research law empirical. Tree the study is implementation or implementation provision law positive. Nature of study This is characteristic descriptive analytical. Type study This is study law normative and research law descriptive. Research law normative data studied only material References or secondary data. On research law empirically, then that which was researched initially is secondary data, for Then next with study to primary data in the field or to society (Soekanto, 2008).

In context this, method approach used is the approach legislation (statute approach). Which aims analyze internal norms community, related with E-Court in Religious Courts. Besides it is also used approach case (case approach) for analyze Influence Implementation E-Court in Law Enforcement in Religious Courts.

This study use type study law normative and legal empirical. It's research data this obtained through primary data. The data obtained also uses secondary data. Use of secondary data is for looking for initial data/information, get limitation/definition/meaning of something term (Ashafa, 1992). Secondary data in study this consists:

1. Material Primary Law 2. Material Law Secondary 3. Material Law Tertiary.

In research data collection This used tool data collection as following Study Library and Study Field.

Research location is at Medan Religious Court Class IA which is located at Jalan Sisingamangaraja Km. 8,8 Number 198, Village Weigh Deli, Medan Amplas District, Medan City, North Sumatera Province. Deep data analysis study this done analysis qualitative.

DISCUSS AND ANALYSIS

Description Class IA Medan Religious Court

The Class IA Medan Religious Court is a Regional Religious Court North Sumatra Province was formed with stipulation of the Minister of Religion Number 58 of 1957 dated 12 November 1957 and is valid start December 1, 1957. Now having its address at Jalan Sisingamangaraja Km. 8,8 Number 198, Village Weigh Deli, Medan Amplas District, Medan City, North Sumatera.

Through task three the to use carry it out so arranged vision Medan Religious Court:

“Terwujudnya Pengadilan Agama Medan yang Agung”.

With mission:

1. Guard independence Medan Religious Court

2. Give service fair law to seeker justice in the Medan Religious Court 3. Increase quality source Power apparatus Medan Religious Court 4. Increase credibility and transparency in the Medan Religious Court.

And the motto:

"Tegas, Jujur dan Berkeadilan "

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In 2018 issued Regulation Supreme Court Number 3 of 2018 concerning Administration case in court in a manner necessary electronics perfected, especially related by ordinance trial at Court in a manner electronic so Supreme Court is necessary set Regulation Supreme Court about Administration Cases and Trials in Court in a manner electronic with regulation Supreme Court Number 1 of 2019 hereinafter changed with regulation Supreme Court Number 7 of 2022.

Birth regulation the bring influence big to existence The Religious Courts in Indonesia in particular Class IA Medan Religious Courts such as case other religious courts.

E-Court Legal Arrangements in The Medan Religious Court Class IA

Religious Courts is one Justice under Supreme Court as executor power regulated judiciary with regulation Legislation as following Constitution Number 7 of 1989 concerning The Religious Courts were changed become Constitution Number 3 of 2006 concerning Change on Constitution Number 7 of 1989 concerning Religious Courts and Laws Number 50 of 2009 concerning Change Second on Law No. 7 of 1989 concerning Religious Court.

Religious Courts can formulated as internal state power receive, examine, adjudicate, decide, and resolve matters certain between people who are Muslim to enforce law and justice.

As for what is meant state power is power judiciary, while the intended matters certain is case in field marriages, inheritance, wills, grants, endowments and alms that are carried out based on Islamic law (Ernawati, 2020).

Next, in Article 2 of the Law Number 7 of 1989 was amended with Constitution Number 3 of 2006 became: “Religious Courts is one perpetrator power justice for seekers Islamic justice regarding case certain as meant in Constitution this”.

Religious court aside Justice specifically in Indonesia, also its use special For Religious Courts in Indonesia.

The procedural law of the Religious Courts other than set procedures speak at trial for the parties to the litigation in court, it also regulates procedures Court For check and disconnect the case filed to court to achieve justice and order law. As for the source of the Religious Courts Procedural Law as following:

1. Procedural law which is special arranged in Law Number 7 of 1989 concerning Religious Courts along with the changes.

2. Civil Procedural law as it applies to The Court General.

3. Compilation of Islamic Law (HKI).

4. Compilation of Syari’ah Economic Law.

5. Qanun.

6. Doctrine or Knowledge.

Special Special procedural law regarding procedures inspection dispute marriage can found in laws and regulations.

Special procedural law covers arrangement about the form and process of the case, the relative authority of the court, summons, examination, evidence, efforts peace, fee case, judge's decision and effort law as well as publication Deed Divorced.

Between arranged matters with special events in dispute marriage are: Divorce Matters, Divorce Sue, Li'an, Khuluk, Marriage Cancellation, Polygamy Permit, Determination Guardian Adhol, and Disputes Joint Property in Marriage (Bintania, 2013).

Procedural process in the Religious Courts is with submit lawsuit or application must filed with letter lawsuit or petition signed by the plaintiff or applicant or representative. Temporary that's what it means with internal representatives matter that is a power, someone with on purpose has authorize the case to somebody based on something letter power special For create and sign letter lawsuit or request.

Regarding the person who was given power beside given to attorney/attorney can also power given to others, for example from circles family that doesn't make matter That as work

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or eye search (Ernawati, 2020). Basic lawsuit or usual application called Pendi's Fundamentals or Posita lawsuit, must load in a manner clear he sat case nor according to reason based on law.

Supreme Court of the Republic of Indonesia changed image face service court from conventional/physical stare advance become in a manner electronic (online: in network) start August 19, 2019 with enforce Regulation Supreme Court Number 1 of 2019 concerning Administration Cases and Trials in Court in a manner electronically (PERMA Number 1 of 2019), as has changed with PERMA Number 7 of 2022 milestone beginning breakthrough to implementation system information.

Thereby case with Class IA Medan Religious Court enforced E-Court which is service for user registered For registration case in a manner on line since PERMA Number 1 of 2019 started effective month January Year 2020.

Enforced E-Court at the Medan Religious Court Class IA then services provided for User Registered For Registration Case kindly Online, earn estimate Panjab Cost Case in a manner Online, Payment in a manner Online and Summons performed with channel electronics.

1. e-Filing (Registration Case in a manner Online in court) 2. e-Payment (Payment Panjab Cost Case Online)

3. e-Summons (Summons Party in a manner Online).

In matter registration case Online, moment This specialized For Advocate. User Registered must after register and earn account must through mechanism validation Advocate by the High Court of the venue Where advocate sworn in, meanwhile registration from individual or the Legal Entity will arranged more continue. Service and Explanation short Registration Case Online.

And for success implementation E-Court at the Medan Religious Court Class IA then in give service to seekers justice follow instruction Supreme Court Directorate, General of the Religious Courts regarding Implementation Administration Cases and Trials in Electronic Religious Courts in accordance with decision Director General of the Religious Courts of the Supreme Court of the Republic of Indonesia Number 056/DJA/HK.05/SK/I/2020.

Because sustainable technology plays a major role in addressing the environmental problems facing the world today. By using more efficient and environmentally friendly technologies, we can reduce our pollution and protect natural resources.

Implementation E-Court at the Medan Religious Court Class IA

Religious Courts have strong fundamental principles in the process of religious justice. In Law Number 7 of 1989 concerning religious courts are regulated a number of principle general religious court which includes as following:

1. Principle Personality Islamic 2. Principle Freedom / Independence

3. Principle Must For Reconcile (Principle please) 4. Principle Open Session for General

5. Principle Simple, Fast, and Cost Light 6. Principle Legality

7. Principle Equality

8. Principle Active Help and Give Help on Searchers Justice. (Zulkarnaen &

Mayaningsih, 2017).

Spirit arcing E-Court is one of them leave from Article 2 paragraph (4) of the Law Number 48 of 2009 concerning Power Justice, determined that justice done with simple, fast and cost light, then need done update administration and trial to use overcome obstacles and obstacles in the maintenance process court.

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Then institution Justice the highest in the Republic of Indonesia, MARI, endeavors answer developments in the demanding era of globalization exists something service administration more cases and trials efficient and effective.

User application E-Court at the Medan Religious Court Class IA is based on Article 36 paragraph (2) Regulations Supreme Court No 1 of 2019 concerning Administration Cases and Trials in Court in a manner electronics, Directorate The General of the Religious Courts is given authority For set regulation executor and/ or change provision administration necessary matter in accordance with characteristics services and matters every Justice For ensure success implementation Rules the Supreme Court and accordingly with arrangement law that registration based Online, When already enter in the judge Not yet enter to e-Litigation. For enter to his account still account E-Court at the Supreme Court, every lawyer must whereas for user other or party that is not lawyer must get agreement especially first, if agree furthermore register account To use get account E-Court.

In framework support smoothness E-Court, users who are not lawyer facilitated by the Religious Courts with method taught until registered account. After succeed registered E-Court will go out e-Payments. With application E-Court give utility cost more cheap and more fast.

In framework give understanding to seeker justice, the Medan Religious Court Class IA did socialization to administration cases and trials in court in a manner electronic as table following this:

Table 1

Implementation and Legal Policy of Case Administration and Trials in Courts Electronically

Questions Yes No

f (%) f (%)

Is There is Socialization from Medan Religious Court Class IA before E-Court held?

21 (100) 0 (0) Is There is help form facilities provided by the Medan Religious Court

Class IA in use E-Court?

21 (100) 0 (0)

Source: The survey results in Pengadilan Agama Medan Kelas IA, December 2022

If you pay attention to the data in the table the show that socialization to administration cases and trials in court in a manner electronic has done with Good namely seekers justice through adviser law that becomes respondent stated Yes Socialization use application E-Court from Class IA Medan Religious Court as many as 21 (one hundred percent) of respondents, while those who did not only as much as 0 (zero percent) of respondent.

Besides matter it, based on table the show that seekers justice through help lawyer nor user other (parties who are not attorney) already know administration cases and trials at the Medan Religious Court Class IA by way of electronics.

This seen from he did socialization to seekers justice by the Class IA Medan Religious Court shows that for help in implementation administration cases and trials in the court in a manner electronic to use ensure success implementation regulation Supreme Court and Director's Decree General of the Religious Courts of the Republic of Indonesia. This in accordance with a number of effort Government in create regulations in framework Revolution Industry 4.0 with maximizing information and economics.

In the Medan Religious Court Class IA based results questionnaire in Table 3 above, shows that seekers fairness and users others are facilitated in use application E-Court to processing party at the time will register matters in the Service Integrated One Door (PTSP) with method directed For register E-Court, and explained to the wishing party process through E-Court to pay down case through E-Court and all file uploaded through E-Court.

After register will go out e-Payment (down payment case) which costs customized with a radius distance place stay the parties. If you have visible pay then party Class IA Medan

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Religious Court will registered, after that enter to procedure case furthermore Chairman Class IA Medan Religious Court will determine assembly at SIPP, will visible who and connect to the appointed judge, then the judge will determine day trial on the day that too (One Day Publish) then clerk will look after administration. After That trial schedule is determined then in e-SIPP will is known nobody Panel of Judges and already get a trial agenda.

Based on results that Medan Class IA Religious Court already implement regulation in entering a new era based modern justice technology information with has the running of the administrative system and this system really felt benefit to seekers justice in help speed up the finishing process case.

Next process enter to System Information Search Case (SIPP) used by the Medan Religious Court Class IA for give service to seeker justice and databases all already collected there, in context that there is six moderate matter wait Where registration done on the day Friday November 15, 2022.

Implementation Electronic Court at the Medan Religious Court Class IA from 2020-2021 can seen in the table following this:

Table 2

Implementation Map E-Court in 2020

No Satker Name

Amount Case kindly Electronic Registration

(paid)

Succeed Number Case

Type Case Case

Lawsuit

Case Lawsuit Simple

Application

1 2 3 4 5 6 7

1 PA. Mdn 1.680 1.624 1.471 1 152

Source: The survey results in Pengadilan Agama Medan Kelas IA, January 2023

As for reports implementation Electronic Court at the Medan Religious Court in 2020 as following:

Table 3

Report Implementation E-Court in 2020

Amount Case kindly Electronic Registration Number Remainder

Last Year

Accept Amount Separated Remainder

1 2 3 4 5 6 7 8

1 PA.

Mdn

86 1.624 1.710 1.580 130

Source: The survey results in Pengadilan Agama Medan Kelas IA, January 2023 Table 4

Report Implementation E-Court in 2021

Amount Case kindly Electronic Registration Number

Accept Remainder

Last Year

Accept Amount Separated Remainder Last Year

1 2 3 4 1 2 3 4

1 PA. Mdn 60 1.656 1.716 1.568 88

Based on table, show that there is enhancement amount cases received by the Medan Religious Court Class IA between 2020 with 2021.

Management Case is one core duties of the Class IA Medan Religious Court. In activities, administrative processes and settlement case from start case received, checked, disconnected and resolved as well as the report supported use something SIPP application. Until moment This at the end in 2022, the Class IA Medan Religious Court has use SIPP application version 5.1.0.

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Based on results interview show that Class IA Medan Religious Court gave chance to seekers justice For choose is case next manually or electronics, and if agree in a manner electronic so will enter to stage e-Litigation.

As for implementation e-Litigation at the Medan Religious Court Class IA from years 2020-2022 as following:

Table 5

Implementation E-Litigation in 2020

Remainder Last Year

Accept Amount Separated Remaining / Still In Process

Registration Number

1 2 3 4 5 6

0 13 13 3 10 2682, 2593, 2307, 2126,

1547, 2548, 2375, 2805, 2682, 2378

1 2 3 4 5 6

7 96 103 102 1 2.984/G/21/PA.Mdn

4 5 6 7

1 23 24 16 8 3139/Pdt.G/2022/PA.Mdn

2981/Pdt.G/2022/PA.Mdn 2953/Pdt.G/2022/PA.Mdn 3181/Pdt.G/2022/PA.Mdn 2645/Pdt.G/2022/PA.Mdn 2753/Pdt.G/2022/PA.Mdn 2537/Pdt.G/2022/PA.Mdn 2606/Pdt.G/2022/PA.Mdn 287/Pdt.G/2022/PA.Mdn

Based on Table 5, Table 6 and Table 7 show that number of seekers justice use service attorney (principal) or no (user other) with event in a manner electronic (e-Litigation) varies from every year accepted by the Medan Religious Court Class IA. This can is known from in 2020 there were 13 cases, while in 2021 there were 96 cases and in 2022 there were 23 cases.

Notice Such circumstances show that Still there are seekers no justice want to use application E-Court matter This means law No only related with objective government, will but also correction to implementation rule as put forward by Howard (2021), "Law will no only set goals and governing principles, but it will also dictate exactly how to implement those goals correctly (the law No only will set goals and principles that set, but also will dictate in a manner appropriate How implement objective the with right).” (p. 371).

Next process if seekers justice willing For event in a manner electronic so timetable trial (Court Calendar), when will answer normally one day but Now enough 2 (two) days, with note at the time hearing First is mediation, after finished mediation present both there will asked is case This next in a manner manuals or electronics, if No Want to so event in a manner normal.

If agree with electronic (e-Litigation) then fill in form ready. Furthermore If willing arranged

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Court Calendar/Schedule assembly. When will answer, which is usually 1 (one) week but now 2 (two) days, with notes agreement of the parties, then click 2 (two) days forward 09.00-13.00 WIB (due to court hours). If No so system will closed. Stage following is response from party against that's also appropriate timetable replica date so duplicate hours date such and such hours then the parties must signed and the judge also had to sign hands, so all party disciplined and active. For Court Calendar arranged until stage proof. At stage proof determined Again must There is made change For Court Calendar (for Online).

At stage proof should event normal/stare advance If there is mandatory thing in a manner Online, Class IA Medan Religious Court will facilitate that is stay on date hearing where area party the is and will be ask for help to Where is the Religious Court?. At the moment in conclusion, the Panel of Judges rearranged the Court Calendar whose contents were When conclusion continueda timetable reading decision in a manner Online. So verdict it's the parties will see account E-Court and a maximum of 30 (three twenty) days Already done.

Notice circumstances thus, the Medan Religious Court Class IA must in a manner continuous and continuous carry out socialization and facilitating seekers justice, in particular in apply related regulations with implementation administration cases and trials at the Medan Religious Court Class IA by way of electronics.

Influence E-Court To Law Enforcement at Medan Religious Court Class IA

Enforcement Enforcement law as a process, in essence is application relevant discretion make no decision in a manner strict governed by rules law, will but have element evaluation personal. kindly conceptual, core of enforcement law located on activities harmonize connection values explained in the solid rules and attitudes follow as Suite explanation mark stage end, for create, maintain and maintain peace association live. Conception that has base philosophic the need explanation more carry on so that will looked more concrete (Soekanto, 2007).

Law in Indonesia is mixture from European legal system, religious law and customary law.

Some of the systems adopted, either civil nor criminal law, based on European Law Continental, in particular from Holland. Because as we are know If judging from aspect In the past history, Indonesia was a colony with designation Dutch East Indies (Netherlandsch Indie). Religious Law, for the Most part Indonesian society adheres to Islam, then domination law or more Islamic law Lots especially in field kinship and inheritance. Besides that in Indonesia also applies which system of customary law is this customary law then absorbed in legislation or jurisprudence which is forwarding from rules local from society and culture in the archipelago.

Basically law reflect living values in society. Today 's Indonesia currently experience transmission that is currently happen change values in public that is from values characteristic traditional in public to modern values. A number of example functioning legislations means renewal in the sense of changing societal mentality traditional in a modern direction (Makmur, 2018).

After apply system Justice in a manner electronics (E-Court) with issued PERMA Number 3 of 2018 concerning administration case in court in a manner electronic as base law, the Supreme Court continues do renewal access to justice For fulfil hope public with issued PERMA Number 1 of 2019 concerning Administration Cases and Trials in Court in a manner electronic or known with e-Litigation. As has been changed with PERMA Number 7 of 2022.

In practice in the field Not yet all society that doesn't Want to with reason No know technology. Still ± 30% are using E-Court. Reasonable just This happen Because user not ready . What PERMA means is that the court must ready. And yet There is reprimand from Supreme Court arrived now . Regulation Already force For use E-Court. The Supreme Court reasoned in a manner E-Court. For case Civil General Article 49 of Law Number 7/89 (Authority court) staged settlement time, no attended party opponent (verstek) does not up to 1 month, for those

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who attend both (present opponent) target <3 months. For Syari’ah Economics there is a simple event -< Rp. 500,000,000 (five hundred million rupiah) for up to 25 days Can broke up, while the usual events relatively maximum 5 months.

Kholid (2018) stated that the appointed Syari’ah principles in Constitution Syari’ah Banking is as following:

1. The principle of Al- Maslahah 2. Principle of Tawhid

3. Principle Justice

4. The principle of Amar Ma'ruf Nah Munkar.

Based on discussion above, then implementation the principles of Syari’ah Economic Law in Constitution Syari’ah Banking is can found in Article 1 paragraph (2), (8), (16), (21), (22), (23), (24), (25), (26), (27), Article 2, Article 4, Article 19, Article 26, and Article 40 paragraph (1) of the Law Syari’ah Banking. And deep enforce articles the Institution that owns authority is Deep Religious Court matter this is one of them is Class IA Religious Courts are appropriate with location study.

Reality this can noticed with authority Medan Religious Court Class IA in enforce law in the field Islamic economics from 2015 - 2022 can noticed in the table following this:

Table 8

Syari’ah Economic Case Registered by the Medan Religious Court Class IA in 2015

No Number Case Registration

date Stages Case Status Processing Time

1 0037/Pdt.G/2015/PA.Mdn 06-Jan-15 Putusan Putusan 107

2 0141/Pdt.G/2015/PA.Mdn 20-Jan-15 Putusan Putusan 164

3 0238/Pdt.G/2015/PA.Mdn 03-Feb-15 Putusan Putusan 241

4 0944/Pdt.G/2015/PA.Mdn 20-May-15 Peninjauan Kembali

Pemberitahuan Putusan PK

296

5 2206/Pdt.G/2015/PA.Mdn 13-Nov-15 Putusan Minutasi 329

Source: The survey results in Pengadilan Agama Medan Kelas IA, December 2022 Table 9

No Number Case Registration date Stages Case Status Processing Time

1 0727/Pdt.G/2016/PA.Mdn 01-Apr-16 Putusan Minutasi 112

2 1884/Pdt.G/2016/PA.Mdn 07-Sep-16 Putusan Minutasi 114

3 2461/Pdt.G/2016/PA.Mdn 24-Nov-16 Putusan Minutasi 253

No Number Case Registratio

n date Stages Case Status Processing Time 1 705/Pdt.G/2017/PA.Mdn 27-Mar-17 Banding Permohonan

Banding

109

1 146/Pdt.G/2018/PA.Mdn 15-Jan-18 Banding 201

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3 1141/Pdt.G/2018/PA.Mdn 07-May-18 Banding Penyerahan Memori Banding

152

4 1593/Pdt.G/2018/PA.Mdn 20-Jul-18 Putusan Minutasi 64

5 2282/Pdt.G/2018/PA.Mdn 03-Oct-18 Banding Permohonan Banding 321

No Number Case Registration date Stages Case Status Processing Time

1 86/Pdt.G/2019/PA.Mdn 08-Jan-19 Putusan Minutasi 25

2 690/Pdt.G/2019/PA.Mdn 28-Feb-19 Putusan Minutasi 250

4 2593/Pdt.G/2019/PA.Mdn 01-Oct-19 Banding Pemberitahuan Putusan Banding

147 5 2854/Pdt.G/2019/PA.Mdn 06-Nov-19 Kasasi Pemberitahuan Putus

Kasasi

181

1 473/Pdt.G/2020/PA.Mdn 19-Feb-20 Banding Pemberiahuan Putusan Banding

167 2 1516/Pdt.G/2020/PA.Mdn 10-Jul-20 Banding Pemberitahuan Putusan

Banding

158 3 1706/Pdt.G/2020/PA.Mdn 03-Aug-20 Banding Pemberitahuan Putusan

Banding

178

7 2284/Pdt.G/2020/PA.Mdn 06-Oct-20 Kasasi Pemberitahuan Putus Kasasi 232

1 601/Pdt.G/2021/PA.Mdn 24-Feb-21 Putusan Minutasi 105

2 1039/Pdt.G/2021/PA.Mdn 13-Apr-21 Banding Pemberitahuan Putusan Banding

247 3 1460/Pdt.G/2021/PA.Mdn 09-Jun-21 Eksekusi Permohonan Eksekusi 169 4 1677/Pdt.G/2021/PA.Mdn 30-Jun-21 Banding Pencabutan Perkara

Banding

176 5 1996/Pdt.G/2021/PA.Mdn 12-Aug-21 Banding Pemberitahuan Putusan

Banding

119

6 2048/Pdt.G/2021/PA.Mdn 19-Aug-21 Putusan Minutasi 125

7 2154/Pdt.G/2021/PA.Mdn 31-Aug-21 Putusan Minutasi 41

9 3094/Pdt.G/2021/PA.Mdn 14-Dec-21 Putusan Minutasi 37

10 3095/Pdt.G/2021/PA.Mdn 15-Dec-21 Putusan Minutasi 51

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Table 15

date Stages Case Status Processing

Time

1 336/Pdt.G/2022/PA.Mdn 27-Jan-22 Putusan Minutasi 111

2 671/Pdt.G/2022/PA.Mdn 07-Mar-22 Banding Pengiriman Berkas Banding

295 3 747/Pdt.G/2022/PA.Mdn 14-Mar-22 Banding Pemberitahuan

Putusan Banding

123 4 1020/Pdt.G/2022/PA.Mdn 12-Apr-22 Kasasi Permohonan Kasasi 167

6 2127/Pdt.G/2022/PA.Mdn 09-Aug-22 Banding Pengiriman Berkas Banding

113 7 2536/Pdt.G/2022/PA.Mdn 21-Sep-22 Banding Pengiriman Berkas

Banding

107 8 2537/Pdt.G/2022/PA.Mdn 21-Sep-22 Banding Pengiriman Berkas

Banding

114 9 3014/Pdt.G/2022/PA.Mdn 15-Nov-22 Persidangan Persidangan 93 10 3155/Pdt.G/2022/PA.Mdn 01-dec-22 Putusan Minutasi 34

Based on table the show that There is enhancement amount case Islamic economics submitted by seekers justice, this in line with enactment regulation Supreme Court about implementation administration cases and trials in court in a manner electronic start enacted in the Medan Religious Court Class IA so that more effective and efficient.

If linked with connection between law with society, Manan (2006) argued as following:

Law is means for arrange social life, however One interesting thing is precisely law left behind behind the object it arranges. With thereby always there is very conspicuous symptoms. If this matter happened, then will arise proper tension must quick must quick customized so no raises ongoing tension but business direction This always late done.

Reality This show that change law covers all facet life, so with thereby have very reach broad, because It also happens in various ways, such as progress knowledge and relationships with the human mentality, progress technology and its applications in society, progress various means communication, transportation, urbanization, change demands human, increase ability humans, and others.

Development and change such social rapidly as consequence from development technology and industry, willed presence something order capable law realize desired goals society. For Indonesia destination desired development that already formulated in the Preamble to the 1945 Constitution of the Republic of Indonesia.

For it, deep framework maintenance development national in a manner orderly and planned must done through means law, caused law have essential function in support development various aspect life, namely:

First, law is explanation of ideas and experiences man in arrange his life. Second, the essence existence law in something society, especially For arrange life society. Third, the law also functions as giver certainty, security, protection, and balancer, which is its nature can No just adaptive and flexible but also predictive and anticipatory. Fourth, deep issue global development, law has trusted for carry his most recent mission, that is as means social change and development (Rasyidi & Putra, 1993).

In connection this is a crisis that is happening in society perhaps is challenge direct to law, rather other social activities, because law especially in development role For ensure that change That happen with regular way. This based on a fact, that every association life man arranged by various type the norm, which in essence aim For produce orderly and peaceful coexistence.

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Implications role law in association life human, then must sensitive to development versatile society change, and should capable adapt self with various all circumstances change, and should capable adapt self with various circumstances also change. Because it, no need There is contradiction between renewal law (written) with living values and aspirations in society (Lubis, et.al., 2022).

Beside it 's law want citizens public act up in demand in accordance with hope public or function as social control. So is the law function as means For expedite the interaction process social, that is with looked law as something mechanism characteristic social control common and operational in a manner equally approached whole sector life society.

Perspective it's very tight relation with structure existence man in environment, which includes natural universe with all contents, include fellow humans and their culture. Structure such an existence this cause with itself life man always presents the Inherent Law in existence human, because structure co - existence with each other in the world and humans that intelligent benevolent and conscientious.

Next, culture law in public experience transformation through a dialytic process interaction social objects that objectify it become guidelines in set must behave with method certain in Century future, and obedience No fully submitted to faith and will subjective.

Because it 's law is is means For arrange life social, however One a must pay attention, though there is “Mother society aunt iu ”, law (especially law written) always left behind with the object it arranges. With thereby always there is symptom that between law and behavior social there is something distance very striking difference. If this matter happened, then will arise proper tension must quick customized so No sustainable, however effort in that direction always late done. Should be on time that's can showed exists real relationship between change social and legal rules that govern it, cause change law new will happen if Already meet two elements at a point tangent, that is exists something circumstances new and existing awareness will necessity sustainable change in society (Lubis et.al., 2022).

In relationship with enforcement law at the Medan Religious Court Class IA against implementation implementation administration cases and trials in court in a manner electronic is already effective, reality this can noticed with view seeker justice to be respondent study This of the proceedings with E-Court or manual, as table following this:

Table 16

Effective Proceedings at the Medan Religious Court Class IA

Questions E-Court Manual

f(%) f(%)

Which more effective procedural process at the Medan Religious

Court Class IA through E-Court or Manual? 16 (76,2) 5 (23,8)

Based on table the show that the proceedings at the Medan Religious Court Class IA are more effective with use e- Court application compared manual and p This in line with opinion from party The Class IA Medan Religious Court said that “If in a manner proceedings system more effective E-Court and enforcement E-Court is very effective.

Effectively something legislation, a lot depending on some factor that is knowledge about substance legislation, way For obtain knowledge the relevant institutions with statutory scope in the society, and how the process of birth something regulation legislation.

If linked with theory effectiveness Soekanto, the determining factor law that effective or not one of them are shapers law. Government as the forming institution rule law (Regulations Government) if no carry out duties and powers that with maximum so possible thing happen is law no will effective in its application in society.

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In measure effectiveness regulation about administration case in court in a manner electronics, one indicator is fact law and enforcement law. Context This can noticed from results questionnaire from seeker justice.

Table 17

Effectiveness Administrative Law Policy Case in Court kindly Electronic

Questions Already Not Yet

f(%) f(%)

Is Justice has obtained by the litigants with implementation E-

Court at the Medan Religious Court Class IA? 11 (52,4) 10 (47,6) Is enforcement law with Implementation E-Court at the Medan

Religious Court Class IA already done ? 15 (71,43) 6 (28,57)

Based on questionnaire to seeker justice show that certainty obtained law with executor E- Court at the Class IA Medan Religious Court achieved, this caused through E-Court ruling fast can accessible and cost cheap. In accordance with rule of law goals that the state makes law as

“Supreme” and is also appropriate with sound Article 2 paragraph (4) of the Law Number 48 of 2009 concerning power judiciary, determined that: "Justice done with simple, fast and cost light, then need done renewal administration and trial to use overcome obstacles and obstacles in the maintenance process court."

To cost light as sound Article 2 paragraph (4) of the Law Power Justice Medan Class IA Religious Court has also been apply matter that, the Cost For register For the defendant depending on the distance radius place stay plaintiff with Religious Court, if for plaintiff IDR 0 (zero rupiah) and for the closest radius IDR 150,000 (one hundred fifty thousand rupiah).

On the side other, related with implementation E-Court at the Medan Religious Court Class IA seekers justice Already obtain justice caused service administration case in a manner electronics and trials in a manner electronics.

And enforcement law with implementation E-Court at the Medan Religious Court Class IA already implemented based on table above. As opinion Soekanto (2008) that reject measuring effectiveness in enforcement law there are five namely:

1. Legal Factors

Laws work For justice, certainty and expediency. In practice maintenance law on the ground There is sometimes happen conflict between certainty law and justice. Certainty law its nature concrete form real, meanwhile justice characteristic abstract

2. Factor Law Enforcement

It works law, mentality or personality officer enforcer law play role important, if regulation Already fine, but quality officer not enough well, there is problem;

3. Means factor or Facility Supporters

Factor means or facility supporters covers device software and devices hard. According to Soerjono Soekarno that enforcer law No can Work with fine, if No be equipped with Professional vehicles and tools. So means or facility have very important role in enforcement law. Without exists means or facility such, or Possible enforcer law harmonize the role it should have with actual regulations;

4. Community Factors

Enforcer law originate from society and purpose For reach peace inside society. Every inhabitant public or group A little many have awareness law. Problems that arise is level obedience law, that is obedience law high, medium, or less. There is degrees obedience law public to law, is one indicator its functioning relevant law;

5. Factor Culture

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Culture basically covers underlying values applicable law, which values constitute abstract conceptions about what is considered Good so that followed and what was considered bad so avoided.

Based on fifth factor that, can concluded that factor the tight relationship because become matter tree in enforcement laws, and factors enforcement law become point central, which causes public can obey or No obey the law. Effective or function or nope something law in matter This influence implementation E-Court in enforcement law in the Medan Religious Court Class IA can seen in a manner thoroughly in society is Enough effective regulations made by the Supreme Court of the Republic of Indonesia in enforcement law.

Based on interview with the Deputy Chair Class IA Medan Religious Court said that Influence E-Court to enforcement law of seekers justice still walk with good and optimal as well objectivity matter This Can felt by society with principle event with method fast, cost mild, enforcement law E-Court is very helpful public from facet cost (zero rupiah), time and acceleration settlement dispute.

Although thus, in implementation administration case in court in a manner electronically in the Class IA Medan Religious Court strengths, weaknesses, constraints and obstacles. This is known from table following this:

Table 18

Excess Service Class IA Medan Religious Court Against E-Court

Question Cost Time

f(%) f(%)

What procedural excess with E-Court at the Medan Religious

Court Class IA with E-Court or manual? 11 (52,4) 10 (47,6)

With thus, Medan Class IA Court has give facility with way of giving help Because with system E-Court, attorney must have an account, then Where just Can enter, and system will read as well as cost will counted, so no There is connection with network in the Medan Religious Court Class IA because That Still affairs lawyer. And against services at the Medan Religious Court Class IA in executor E-Court can seen from table following this:

Table 19

Service Class IA Medan Religious Court Against E-Court

Question Already Not Yet

f(%) f(%)

Is service from Class IA Medan Religious Court against executor

E-Court Already maximum? 9 (42,85) 12 (57,15)

Based on table the show that level satisfaction seeker justice to service at the Medan Religious Court Class IA yet maximum form facility Wi-Fi strength yet max, need source Power still human slow in service as well as still means limited.

This show that influence E-Court to enforcement law in the Medan Religious Court Class IA yet effective caused factor society and culture as well as good facilities and infrastructure will also influence effectiveness law, so it is very necessary awareness law public as well as change culture or pattern behavior in obedience to the law, include facilities and infrastructure as well as assistance government to Medan Religious Court Class IA in facilitate executor application E-Court as well as give training and study visits to Human Resources, so administration case in a manner electronics and trials in a manner electronic can walk efficient and effective for its realization simple, fast and cost- effective trial light.

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CLOSURE Conclusion

Arrangement law E-Court at the Medan Religious Court Class IA is Regulation Supreme Court Number 1 of 2019 concerning Administration Cases and Trials in Court in a manner Electronic or known with e-Litigation as has been changed with Regulation Supreme Court Number 7 of 2022 and decision Director General of the Religious Courts of the Supreme Court of the Republic Indonesia Number 056/DJA/HK.05/SK/I/2020 concerning Implementation Administration Cases and Trials in the Religious Courts Electronics.

Implementation E-Court at the Medan Religious Court Class IA is has in accordance with Regulation Supreme Court Number 1 of 2019 as has changed with regulation Supreme Court Number 7 of 2022 and application E-Court Already walk Enough Good Because system This really felt benefit to seekers justice in help speed up the finishing process the case. And deep framework give understanding to seeker justice, the Medan Religious Court Class IA did socialization, to non - user lawyer facilitated with method taught until registered account.

Influence E-Court to enforcement law in the Medan Religious Court Class IA is Still Not yet effective caused Still There is weaknesses Good in a manner external as well as internally.

Suggestion

Expected to Class IA Medan Religious Court continues implement the regulations issued by the Government especially related with E-Court, Class IA Medan Religious Court continuous carry out socialization and facilitating seekers justice, in particular in apply related regulations with implementation administration cases and trials at the Medan Religious Court Class IA by way of electronics, and Class IA Medan Religious Court improves facilities and infrastructure to use facilitate executor application E-Court so that administration case in a manner electronics and trials in a manner electronic can walk efficient and effective for its realization simple, fast and cost- effective trial light.

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