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Consultation meeting the issuance of the Law on the National by an advisory board in the name Muslims to formally and legally resolve were originally under the authority of the
of Indonesian Islamic Education System (UU Sisdiknas) in of the governor-general, as Snouck Islamic legal cases, but they werenot to Ministry of Religious Affairs.
scholars in Pondok 1989. In this Law, the educational levels Hurgronje had arranged. Despite the issue normative Islamic regulations. 34 The unification of the religious courts
33
Pesantren Cipasung, of public schools and madrasahs were colonial administration’s recognition, into judicial bodies under the Supreme
Tasikmalaya, West Java equalized. This equality became even the religious courts’ judicial authority The demand for legal reform that Court had some consequences. Firstly,
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cleared by the statement that madrasahs remained constrained. Its function highly had started in 1998 finally affected
Source: Pondok the religious courts. In 1999, the it was clear that it was aimed at the
Pesantren Cipasung are an essential part of “public education” dependedon the policies the advisory government passed Law no. 35, which explicit separation of executive and
characterized by Islam. After this period, board recommended to the governor judicative power, which previously at
modern Islamic education spread to general. is a correction to Law no. 14/1970 on some points had looked blurred. With
many regions in Indonesia. Thus, the the Distribution of Judicial Authority. this clear separation, state institutions
issuance of the 2003 National Education The firmness of the Indonesian The 1999 Law is the fundament for the were expected to become increasingly
Law was no more than the affirmation of government about the position of mediation of the unification process conducive more democratic and
the new position Islamic education had religious courts became apparent in the of all judiciary institutions under the transparent structure. Secondly, it
acquiredin the context of overall human New Order era by the issuance of Law Supreme Court, both as seen from aimed to further consolidate the position
development in Indonesia. no. 14/1970 that divided judicial authority the technical side as well as from of the judiciary, especially regarding
into General Courts, Religious Courts, its administration, up to financial
The Religious Courts are also rooted Military Courts, and Administrative matters. The third amendment of the the strengthening of formal, legal and
in the long history of the nation ever Courts. To position of religious courts 1945 constitution was followed by the technical proceedings. Thirdly, as defined
since the time of competing Islamic was further strengthened byLaw no. issuance of Law no. 4/2004 which by article 2 of Law no. 3/2006, this
sultanates and during the colonial era. 1/1974 on Marriage, followed by several further confirmed the unification of separation turned religious courts into
After the Dutch had conquered the implementing regulations. In 1989, with judicial authority. The law states that one of the judicial authorities for Muslims
Islamic sultanates, religious courts the promulgation of Law no. 7 which was “judicial power is conducted by the who seek justice in specific ‘Islamic’
were regulated by the issuance of several times amended up to 2009 to Supreme Court and all judicial bodies cases. Hence, the religious courts’
Staatsblad no. 152/1882 on Religious give religious courts a clearer legal status that fall under its jurisdiction, i.e. the authority changed as it has become
Courts and Islamic law. From then general courts, religious courts, military more extensive and include tribunal
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on, the government’s intervention in and authority. Besides, the issuance of courts, and state administration courts, disputes on alms giving, charities, and
religious matters became manifest. Law no. 3/2006 which regulates religious and the constitutional court”. Therefore, the Shari‘a economy. 35
The next step was to place judges and courts’judicial technical coaching, judicial institutions in Indonesia are Meanwhile, the centrality of the haj
religious courts under the authority organization, administration and finance, now under the Supreme Court, with no administration had since the Dutch
of the Hoofd voor Islamitische Zaken the significance of religious courts’ within exception for religious courts, which colonial time been seriously felt. In
(Head for Islamic Affairs) and supervised the legal frame of Indonesia became the colonial era, the pilgrimage was
even more clear. Hence, they became 34. Muhammad Daud Ali 1991, “Hukum Islam:
31. Azra and Jamhari 2006, “Pendidikan Islam Peradilan dan Masalahnya”, in Tjun Surjaman 35. Jaenal Arifin 2008, Peradilan Agama dalam
Indonesia”, p. 5. the primary venues for Indonesian (ed.), Hukum Islam di Indonesia: Pemikiran dan Bingkai Reformasi Hukum di Indonesia, (Jakarta:
32. Suminto 1985, Politik Islam, pp. 29-30. 33. Suminto 1985, Politik Islam. Praktek, (Bandung: Remaja Rosdakarya), p. 75. Prenada Media), pp. 14-15.

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