Kompetensi Absolut Pengadilan Agama dalam Menyelesaikan Perkara Hibah Beda Agama (Studi Terhadap Perkara No. 1116/Pdt.P/2019/PA. Sby)

Hakim, Ahmad Ni’am Chabibil and Nasution, Khoiruddin and Astuti, Daharmi (2022) Kompetensi Absolut Pengadilan Agama dalam Menyelesaikan Perkara Hibah Beda Agama (Studi Terhadap Perkara No. 1116/Pdt.P/2019/PA. Sby). AL HAKAM: The Indonesian Journal of Islamic Family Law and Gender Issues, 2 (1). pp. 18-34. ISSN 2775-3404

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Abstract

The study discusses the competence of the Religious Courts in accepting and deciding cases of interfaith grants Number: 1116/Pdt.P/2019/PA.Sby. The main discussion is what the judges’ considerations in deciding the case will be and how will the effect on the results of decision on subsequent Islamic law in Indonesia. This studu is a type of library research. The data were collected using the documentation method with descriptive-analytical method. The application of the grant case being studied is not the same as the provisions in article 49 of Law number 3 of 2006 concerning the Religious Courts, so it is necessary to study on what considerations the Religious Courts accept and decide the case. The result of this study indicate that the absolute competence of the Religious Courts in deciding this case is based on two things : first, the applicant is a Muslim women, in accordance with the principles of the Religious Caurts, namely the principle of Islamic personality. Second, the contract at the time the grant transacsion is carried out is based on Islamic law. This stipulation can be categorized as non-permanent jurisprudence, making it possible to be followed by subsequent judges in similar case as legal considerations to accept new case whose authority is still unclear in try it.

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