RESTRICTIONS ON THE RELIGIOUS JUDICIARYS’ AUTHORITY AS A RESULT OF JUDICIAL POWER CONFLICT RULES
Abstract: The new
authorities of religious
courts, particularly in
Economics Sharia field
still collide with other rules. This writing intends to
identify the rules conflict that exist.
Based on the analysis, can be identified the rule conflict relating to the authority of the judge occurs
on the peace effort. Rules of
conflict regarding peace
with instrument PerMA
No.1 year 2008
can be accessed
by using the principle of lex superior derogat legi
law priori, whereas with regard to the
authority prosecuting Sharia
Board of arbitration
verdict temporarily can
use the verdict
of the Supreme
Court of Cassation Number
56/PK/AG/2011, however this is still not final because we are not wedded to the
binding force principle of precedent. The next rule of conflict is related with
judgement authority to the
bankruptcy matter. On
this occasion, the
author gives suggestions
to immediately syncronize authorities prosecutes’ rules, so
it can give birth to legal certainty.
Author: Rahadi Wasi
Bintoro
Journal Code: jphukumgg150032
