IMPLIKASI PENGARUH POLITIK HUKUM KOLONIAL BELANDA TERHADAP BADAN PERADILAN AGAMA DI INDONESIA

ABSTRACT: The objective of this research is to analyze the influence of Dutch Colonial legal politics towards Religious Court. Basically, the Religious Court has existed since the advent of Islam in this archipelago. however, when Dutch colonized Indonesia, the Religious Court started to be influenced by the politics of Dutch Colonial which resulted to: the inauguration of the Civil Court, division of the jurisdiction of the Religious Court institution into three regions, i.e., outside Java-Madura and some part of Kal-sel dan Kal-tim. The Religious Courts in these regions were divergent in terms of name, structure, and jurisdiction, so they were not uniform throughout Indonesia. Furthermore, they also have their own procedural law. This matter has terminated after the enactment of Law No. 7 of 1989 concerning Religious Court. Some cases such as inheritance cases are still under the jurisdiction of the Civil Court. However, after the Law No. 7 of 1989 was amended by Law No. 3 of 2006, such cases are now absolutely under the jurisdiction of the Religious Court.
Keywords: Legal Politics, Religious Court, Civil Court, Dutch
Penulis: Ramlah
Kode Jurnal: jphukumdd120353

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Jp Hukum dd 2012