The practical aspect of the procedure is that the law of civil procedure used in the religious courts is similar to the system of procedural law in the district court. Not all of the regulatory provisions in the Civil Procedure Code that apply to religious courts are fully incorporated into the RI Act.
LEGAL SOURCES OF PROCEDURE FOR RELIGIOUS JURISDICTION The sources of Civil Procedure Law, which are part of the legacy of the
PROCEDURAL LEGAL SOURCES FOR RELIGIOUS JURISDICTION Sources of civil procedural law, which are part of the legacy of Art. Mapping of legal regulations in the core of the Code of Civil Procedure of the General Courts, including HIR (Het Herziene Indonesisch Reglement) or also known as RIB (Renewed Indonesian Reglement), Rbg.
LEGAL PRINCIPLE OF CIVIL PROCEDURE
It is also important to mention the Civil Procedure Law related to the judicial powers that are in effect in the RI Act. Termination of this dispute may be in the form of conciliation or withdrawal of the lawsuit.20.
THE PRINCIPLE OF ISLAMIC PERSONALITY
If the marriage is conducted on the basis of the Islamic religion (at the KUA), then the matrimonial dispute becomes the jurisdiction of the religious court, even if one of the parties is no longer a Muslim. On the other hand, if it is not based on Islamic law, the matrimonial dispute is not the jurisdiction of the religious court.3.
THE PRINCIPLE OF FREEDOM
Article 1320 of the Civil Code regulates the conditions for the validity of an agreement, namely; (1) there is an agreement based on the free will of both parties. In addition, the continuation of normal care and education of children can be saved.
BASIS OF SIMPLE, FAST AND LIGHT COST
The meaning and purpose of the principle of simple, quick and low cost as laid down in Law No. 14 of 1970 is fully applicable in Law No. 7 of 1989. There is no further explanation and confirmation of the lighting formula contained in this law.
THE PRINCIPLE OF AN OPEN TRIAL TO THE PUBLIC
There are 2 (two) important things that must be stated in a divorce case conducted in closed session, namely (1) this provision is interactive because this rule has the value of public order, therefore if a divorce hearing in ' n open court, the result will be an examination. 4 of 2004, that all court decisions are only valid and have legal force if they are pronounced in an open court to the public. 15.
PRINCIPLE OF LEGALITY
The principle of legality is in principle the same as the definition of the rule of law. Equal justice under the law, that is, to obtain the right to equal treatment under the law.19.
ACTIVE PRINCIPLE GIVES HELP
The opposite of the principle of equal rights and legitimacy before the court or the law is discrimination, namely the differentiation of the rights and position of people before the court. 18. Advice on the validity of the power of attorney (paragraph 3 of Article 123 of the HIR / Article 147 of the Rbg.
SUGGESTIONS AND APPLICATIONS
SUGGESTIONS AND APPLICATIONS
A lawsuit is a claim for rights filed by the plaintiff to the defendant through the court. The examination process is one-sided (ex-parte), simple, namely listening only to the statement of the applicant or his lawyer in connection with his application, examining evidence of letters or witnesses submitted by the applicant, and there is no repetition, duplication and conclusion phases.
CONTENT FORMULATION OF LAWS AND APPLICATIONS
Identity of the parties (persona standi in yudicio), such as full name, title, nickname, alias, bin/binti, age, religion, occupation, residence and status of plaintiff or defendant. This position the plaintiff filed a lawsuit, without a clear position that could cause the lawsuit to be declared inadmissible because it is vague (obscuur libel).
COMPLETION OF ACTIONS AND APPLICATIONS
The suit or application letter must be attached with complete requirements, except that those who are illiterate may register verbally with the Religious Court through the Registrar of the Religious Court.1. The President of the Religious Court determines the panel of judges who will hear and determines the day of the trial.
APPOINTMENT OF JUDGE ASSEMBLY (PMH)
In addition, the judicial officer, if the PMH has not been appointed, may be appointed by the president of the panel of judges. The President of the Assembly determines the session day (PHS) to determine the day when the first trial will begin.
INVITATION PROCEDURE OF THE PARTIES
The amount of the fee can be seen from the summons sent by the religious courts that execute the summons. The summons was executed by the Juru bailiff at the full cost of the religious court.6. A copy of the summons is attached to the summons for the defendant (a copy of the summons must not be attached to the summons for the plaintiffs).
PROTOCOLER OF THE TRIAL AND THE MINUTES OF THE TRIAL 1. Trial Protocol
In the following session, it is sufficient to note the names and positions of the parties. In the PVD, it must be written that the judge/chairman of the lawsuit can be read by the plaintiff/petitioner himself or his representative (Article 131 of the Criminal Code). Written notice for the determination of the judge (Article 71 paragraph 2 of Law No. 7 of 1989).
EXAMINATION OF PROCEDURES IN THE TRIAL
- GENERAL REVIEW OF THE EXAMINATION
- THE PROCESS OF THE FIRST TRIAL
- ADMINISTRATION FOR PEACE OF THE PARTIES TO RIDE
- STAGES OF THE PROCEED EXAMINATION
Or the trial will be adjourned again to invite the plaintiff or plaintiff with the consent of the defendant or defendant. During the restoration, the defendant or the defendant requests that the child remain in the care and protection of the plaintiff or the petitioner. 18 Secret by law, the deliberations of the judicial panel are closed to the public.
THINGS THAT MAY HAPPEN IN THE TRIAL
- THE PARTIES DO NOT ATTEND THE TRIAL
- PLAINTIFF DOESN'T ATTEND (APPROXIMATE DOWN)
- DEFENDANT DOES NOT ATTEND (VERSTEK VERDICT)
- THE ACCUSED ARE PARTICULAR AND PARTICULAR NOT ATTENDED Defendants who consist of more than one person (the subjective cumulation
- EXCEPTIE
- SUBSCRIBE (RECONVENTIE)
- CHANGE OF SUIT
- DISCLAIMER
It can also mean the defense (plea) filed by the defendant against the main material of the plaintiff's claim. Defendants in the Convention (original defendants) sometimes use at the same time on the occasion of the trial to claim back the original claimant (the plaintiff in the Convention), so that the original defendant (in the Convention) also functions as a reconventional claimant (counter-claimant). The identity of the conventional defendant (now plaintiff reconventie) was written first from the conventional plaintiff (now defendant reconventie).21.
EFFORTS TO GUARANTEE THE RIGHTS
- THE DEFINITION AND MEANING OF CONFUSION
- KIND OF SITA IN THE RELIGIOUS JUDICIAL ENVIRONMENT
- PROCEDURE OF IMPLEMENTATION OF FORMATION
- JOURNEY'S DUTY IN PROSECUTION IN THE RELIGIOUS COURT
The movable property is the property of the plaintiff, which is in the hands of the defendant. There is a petitum, which contains an order to the officer or bailiff to carry out the seizure of the object specified in the order. The bailiff is authorized to perform his duties within the jurisdiction of the relevant court. 15.
EVIDENCE IN THE COURT
UNDERSTANDING OF EVIDENCE
Supomo explains in his book "Civil Procedure Law of District Court that evidence has a broad and limited meaning. Yahya Harahap's opinion, as stated by Abdul Mannan in his book "Application of civil procedure in the religious courts," the definition of evidence is the ability of the plaintiff or defendant to use the law of evidence to support and justify legal matters and events. or contested. Yahya Harahap, Civil Procedure Law on Trials, Trials, Confiscation, Evidence and Judicial Decisions (Cet. XIV; Jakarta: Sinar Grafika, 2015), p .
PREVENTION PRINCIPLE
An illustration of the principle of proof can be described as follows: A (plaintiff) sues B (defendant) so that B pays debts to A, then A is ordered by a judge to prove that B owes A to A because then A is said that he has a right in the form of claims against B. An illustration of the principle of proof in the hadith can be described in the following case: C (wife = plaintiff) sues D (husband = defendant) so that D pays a dowry debt of 50 grams of gold that was previously intended to marry, dowry on debt. Thus, the burden of proof is not borne by the judge, but by the litigants, either the plaintiff or the defendant.
SYSTEMS, VALUES AND THEORIES OF PROOF
Evidence has a binding truth value, this is the judge as a reference to find the truth of the material based on the evidence presented by the litigant. The theory also cannot provide a solution to the things that arise in the problem of proof, and this theory often creates injustice because it gives too much freedom to the judge to transfer the burden of proof. 34; Ahsin nasa li majhlisa wa kadhaika" the judge must share the burden of proof based on the equality of the parties' position.
EVIDENCE TOOLS AND THE POWER OF PROOF
Is the Religious Court in it, the judge of the case, still adheres to the fact that adultery is not proven because it is related to the system with Li'an, or what. Meanwhile, the material requirements of the unilateral act are: (1) the content of the unilateral act is directly related to the object of the contested case. 2) the content of the act does not contradict the law, morality, religion and public order. The existence of law can only be felt when there is a dispute and the last way to resolve a legal dispute is through judicial institutions which are in the form of a judge's decision.
THE JUDGE'S VERDICT
This ruling on the plaintiff's civil rights, which he asserts against the defendant, is recognized by the judge before the court hearing. Niet onvankelijk verklart (NO) means that the claim cannot be accepted, that is, the court decision submitted by the claimant cannot be accepted because there are legally valid reasons. As for the reasons for the rejection of the claim, there are several possibilities that the claim is not based on law; the claim filed by the plaintiff must really exist (not just a fictitious one), it must also have a clear.
LEGAL EFFORT
DEFINITION OF LEGAL EFFORT
HOW TO DO LEGAL EFFORT
During the seven days prior to the submission of the file to the court, the appeal request will be given the opportunity to study the file at the court. The petitioner requests cassation to the President of the Supreme Court through the registrar of the court, who decides on the case at the first level. The registrar's request for cassation is recorded in writing in a statement signed by the registrar and the applicant, and included in the register attached to the file.
EXTRA ORDINARY LEGAL EFFORT
A motion for reconsideration shall be filed with the clerk of the court concerned, clearly stating the reason. The head of the High Court immediately forwards the request for renewed processing together with the case files to the Supreme Court with a copy. Soeroso, Practices of Civil Procedure Law Procedures and Court Processes, Cet.IV; Jakarta: Sinar Grafika, 1999.
