Semarang High Religious Court Decision No. 168 of 2015: Appeal Regarding Jurisdiction of Religious Judiciary Upheld

The appellant sought to challenge Decision: 0133/Pdt.G/2014/PA.Mgl. of the Magelang Religious Court (lower court).

The court disagreed with the lower court's decision that it was precluded from adjudicating the case, instead finding that:

  1. the religious judiciary, pursuant to art 49 of Law No. 7 of 1989 on the Religious Judiciary, as amended by Law No. 3 of 2006 and Law No. 50 of 2009, has the authority to examine shari'a economy cases; and
  2. following Constitutional Court Decision No. 93 of 2013 (30 August 2013), the religious judiciary is the only judicial forum authorised to handle shari'a economy cases.

Therefore, the court, pursuant to art 15(2) of Law No. 20 of 1947 on Judicial Review, found that the Magelang Religious Court was authorised to adjudicate the case and ordered that it re-open the case.

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