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the task to deal with Islamic education, Affairs, Education and Culture, and were regulated by the issuance of Law no. 3/2006 which regulates religious
the organization of religious courts, the the Interior) no. 6/1975 was a turning Staatsblad no. 152/1882 on Religious courts’ judicial technical coaching,
performance of the hajj and various other point in Islamic education. It required Courts and Islamic law. From then organization, administration and finance,
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related religious matters. Educational that the pillars of Islamic education, on, the government’s intervention in the significance of religious courts’ within
affairs, justice, and the pilgrimage had called madrasah, were made equal to religious matters became manifest. the legal frame of Indonesia became
been serious concerns since the era of the education levels in public schools. The next step was to place judges and even more clear. Hence, they became the
the Islamic kingdoms in the archipelago As a result, the madrasah’s curriculum religious courts under the authority primary venues for Indonesian Muslims
and the Dutch colonial administration. was converted into 70 percent general of the Hoofd voor Islamitische to formally and legally resolve Islamic
The Dutch colonial administration subjects and 30 percent religious Zaken (Head for Islamic Affairs) and legal cases, but they werenot to issue
supervised Islamic education in the instruction. This meant the beginning of supervised by an advisory board in normative Islamic regulations. 34
Dutch East Indies through the Regulation the modernization of Islamic education, the name of the governor-general, as The demand for legal reform that had
on Islamic Education of 1905, which which was more strongly affirmed by Snouck Hurgronje had arranged. started in 1998 finally affected the
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contains detailed and strict rules about the issuance of the Law on the National Despite the colonial administration’s religious courts. In 1999, the government
licensing and religious teachers. Education System (UU Sisdiknas) in recognition, the religious courts’ passed Law no. 35, which is a correction
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Therefore, even though Islam was the 1989. In this Law, the educational levels judicial authority remained constrained. to Law no. 14/1970 on the Distribution
religion of the indigenous population, of public schools and madrasahs were Its function highly depended on of Judicial Authority. The 1999 Law
Islamic education was always put in a equalized. This equality became even the policies the advisory board is the fundament for the mediation of
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marginal position in contrast to Christian cleared by the statement that madrasahs recommended to the governor general. the unification process of all judiciary
education which the Dutch East Indies are an essential part of “public education” The firmness of the Indonesian institutions under the Supreme Court,
Government supported. Policies characterized by Islam. After this period, government about the position of religious both as seen from the technical side
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taken by the independent Indonesian modern Islamic education spread to many courts became apparent in the New as well as from its administration, up to
government up until the 1960s had regions in Indonesia. Thus, the issuance Order era by the issuance of Law no. financial matters. The third amendment
failed to change Islamic education’s of the 2003 National Education Law was 14/1970 that divided judicial authority of the 1945 constitution was followed
marginal position, let alone to make it a no more than the affirmation of the new into General Courts, Religious Courts, by the issuance of Law no. 4/2004
central issue. This was, as noted earlier, position Islamic education had acquiredin Military Courts, and Administrative which further confirmed the unification
because of the government’s impartiality the context of overall human development Courts. To position of religious courts of judicial authority. The law states that
towards Islamist groups. in Indonesia.
was further strengthened by Law no. “judicial power is conducted by the
In the 1970s, when Mukti Ali was The Religious Courts are also rooted 1/1974 on Marriage, followed by several Supreme Court and all judicial bodies
the Minister of Religious Affairs, the in the long history of the nation ever implementing regulations. In 1989, with that fall under its jurisdiction, i.e. the
government policies for Islamic education since the time of competing Islamic the promulgation of Law no. 7 which was general courts, religious courts, military
began to show some changes. The sultanates and during the colonial era. several times amended up to 2009 to courts, and state administration courts,
release of the Joint Decree of Three After the Dutch had conquered the give religious courts a clearer legal status and the constitutional court”. Therefore,
Ministers (the Ministers of Religious Islamic sultanates, religious courts and authority. Besides, the issuance of judicial institutions in Indonesia are

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