CERAI TALAK SUAMI NON-MUSLIM DI PENGADILAN AGAMA
Abstract: Religious Courts
were established with mandate to serve Indonesia Moslem in case settlement based
on Islamic Law.
The Religious Courts
are Courts of
limited or special jurisdiction and party (as specified
in their Statutes). They differ from the General Courts which have a general
jurisdiction. The jurisdiction are limited on marriage, inheritance, will (wasiat),
gift (hibah), waqf (wakaf), tithe (zakat), infaq, alms (shadaqah) and Shariah
Eco-nomic (Act Number 3 of 2006 on Amendment of Act Number 7 of 1989 on
Religious Court ). The courts take exclusive jurisdiction in marriage affairs
concerning a Moslem husband and wife relating to marriage, revocation,
reconciliation and divorce where the intervention of a religious court judge is
necessary. Practically, the Courts jurisdiction extends to same range in
divorce matters but the party in the case is non-Moslem. The jurisdiction is
based on Islamic Personality principle; first, she or he was Moslem when marriage
was conducted and second, the contract based on Islamic Law.
Kata Kunci: cerai, non-muslim,
pengadilan agama
Penulis: Hartini
Kode Jurnal: jphukumdd090037
