THE LEGAL POLITICS OF THE RELIGIOUS JURISDICTION IN INDONESIA

Abstract

Judicial institution has the meaning of a place where someone can apply for an attempt to seek justice or resolve legal disputes according to applicable regulations. One of the judicial institutions in Indonesia is the Religious Court.Juridically, the reason why the Religious Courts are included in the judiciary environment in Indonesia is that the Republic of Indonesia, as a constitutional state based on Pancasila and the 1945 Constitution, aims to create a prosperous, safe, serene and orderly national life order. Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia states: All citizens shall have the same position in law and Government and are obliged to uphold the Law and Government without exception. Meanwhile, Article 29 paragraph (1) and (3) of the 1945 Constitution of the Republic of Indonesia also states (1) the State is based on the One Godhead, (2) The State guarantees the independence of each resident to embrace their respective religions and to worship according to his religion and belief. Especially for the Religious Courts, the implementation of transfer to the Religious Courts to the Supreme Court is carried out based on Presidential Decree No. 21 of 2004 dated 23 March 2004. In paragraph (2) this Presidential Decree stipulates that the organization, administration and finance of the Directorate of Religious Courts Development of the Ministry of Religion, High Religious Courts / Provincial Syari'ah Courts and Religious Courts are under the Supreme Court.

Keywords: Political Law, Role, Religious Court.