Eksekusi Putusan Pengadilan Agama= The Execution Of Islamic Court Judicial Decision
Eksekusi Putusan Pengadilan Agama=
The Execution Of Islamic Court Judicial Decision
(Case Study In Islamic Court Jurisdiction Of Banda Aceh
And Islamic Court Jurisdiction Of Langsa)
Sulaiman
Program Pascasarjana
Universitas Sumatera Utara
Abstract
Article 2 of the Law Number 7 of 1989 about Islamic Court, that Islamic
Court is created for the Moslems who want so find justice has confirmed the existence
and judicial authority that has full autonomy, absolutely and equivalent with others
courts, in the execution of Islamic court judicial decision is still met some hindrances
ecenthought the decision has had legal power absolutely. This research is done to
answer the problems of execution and existence of the decision fulfillment, based on
the fact in the Islamic Court of Banda Aceh and Langsa. So it is necessary to be
analyzed the execution fulfilment of Islamic Court judicial decision of Banda Aceh
and Langsa Islamic Court and hindrances in the Islamic Court judicial decision
fulfilment and solution to the hindrances which are met in the field.
Descriptive analytical research with juridical normative sociological approach
were done to analyze the problems mentioned above. The research location are Banda
Aceh city and Langsa Administrative City. Islamic Court of Banda Aceh and Islamic
Court of Langsa are as samples. There are 50 respondents were chosen by primary
data collect are questionnaire, interview direction and check list. While the secondary
data are collected by library study. The analysis of the data are by qualitative method.
The research, result show that execution fulfilment of Islamic Court judicial
decision of Banda Aceh and Islamic Court judicial decision of Langsa have not
followed the laws yet as well, because the judicial decision is still done by voluntary
and give some warnings and informations, and also including report to the head of
rural, look and visit directly that object that will be executed. There are many
hindrances to do execution confiscate and judicial decision fulfilment, among other
things: cost minus, so many lawsuit objects, execution obstruct and conversion of the
execution object to the third party occurred. While the solution that can be done is in
the preventive and persuasive ranks. Notwithstanding informally or clerk of court and
bailiff policy effort to compromise the accused and the accuser, eventhought that
effort never successful.
It is suggested to the executed parties in that jurisdiction can prevent the
execution hindrances, as in the field check, lawsuit object limit is according to the
summons in reality, and make head of rural as evidence, and chief of court maintains
persuasive approach for ever to the accused/the executed to be ready to fulfil decision
voluntary or either the accuser or the accused of the execution can be directed to do
compromise execution. While the price of execution object less than execution cost so
execution hindrance does not occure, the executed also voluntary obey the judicial
decision.
e-USU Repository © 2004 Universitas Sumatera Utara
1
Key Word :
- The execution of Islamic Court Judicial Decision
- Inkrakh Lawsuits
- Voluntary fufilment
e-USU Repository © 2004 Universitas Sumatera Utara
2
The Execution Of Islamic Court Judicial Decision
(Case Study In Islamic Court Jurisdiction Of Banda Aceh
And Islamic Court Jurisdiction Of Langsa)
Sulaiman
Program Pascasarjana
Universitas Sumatera Utara
Abstract
Article 2 of the Law Number 7 of 1989 about Islamic Court, that Islamic
Court is created for the Moslems who want so find justice has confirmed the existence
and judicial authority that has full autonomy, absolutely and equivalent with others
courts, in the execution of Islamic court judicial decision is still met some hindrances
ecenthought the decision has had legal power absolutely. This research is done to
answer the problems of execution and existence of the decision fulfillment, based on
the fact in the Islamic Court of Banda Aceh and Langsa. So it is necessary to be
analyzed the execution fulfilment of Islamic Court judicial decision of Banda Aceh
and Langsa Islamic Court and hindrances in the Islamic Court judicial decision
fulfilment and solution to the hindrances which are met in the field.
Descriptive analytical research with juridical normative sociological approach
were done to analyze the problems mentioned above. The research location are Banda
Aceh city and Langsa Administrative City. Islamic Court of Banda Aceh and Islamic
Court of Langsa are as samples. There are 50 respondents were chosen by primary
data collect are questionnaire, interview direction and check list. While the secondary
data are collected by library study. The analysis of the data are by qualitative method.
The research, result show that execution fulfilment of Islamic Court judicial
decision of Banda Aceh and Islamic Court judicial decision of Langsa have not
followed the laws yet as well, because the judicial decision is still done by voluntary
and give some warnings and informations, and also including report to the head of
rural, look and visit directly that object that will be executed. There are many
hindrances to do execution confiscate and judicial decision fulfilment, among other
things: cost minus, so many lawsuit objects, execution obstruct and conversion of the
execution object to the third party occurred. While the solution that can be done is in
the preventive and persuasive ranks. Notwithstanding informally or clerk of court and
bailiff policy effort to compromise the accused and the accuser, eventhought that
effort never successful.
It is suggested to the executed parties in that jurisdiction can prevent the
execution hindrances, as in the field check, lawsuit object limit is according to the
summons in reality, and make head of rural as evidence, and chief of court maintains
persuasive approach for ever to the accused/the executed to be ready to fulfil decision
voluntary or either the accuser or the accused of the execution can be directed to do
compromise execution. While the price of execution object less than execution cost so
execution hindrance does not occure, the executed also voluntary obey the judicial
decision.
e-USU Repository © 2004 Universitas Sumatera Utara
1
Key Word :
- The execution of Islamic Court Judicial Decision
- Inkrakh Lawsuits
- Voluntary fufilment
e-USU Repository © 2004 Universitas Sumatera Utara
2