| dc.description.abstract | The Strategic doctrin on the policy of the Indonesian national law development produced The Act
No. 7 of Year 1989 on Religious Affairs Court Judicial Settlement. The Act itself is a sub system
of the national law system. Philosophically, the act is the articulation and abstraction of
the values of AI-Qur'an and As-Sunnah. The Act confers authorities, to The Court of
Religious Affairs to try and to solve inheritance cases. The act, however, is
criticized by some Jaw experts saying that it contains some weak points and that the
society members do not feel that they get justice from it. The criticisms of these experts have
motivated the researcher to investigate the act. This study attempted to collect the data or facts
of the research questions and attempted to find their answers or solutions, The study was
conducted by applying judicial-normative approach and sociological•ludicial approach. The
specification of the study is analytical-descriptive and anatybcal-prescriptive. The
population of tne study was all of those who took the cases of inheritance to the court,
the judges of religious affairs court of Bengkulu Town and the judges of Religious Affairs High
Court in The Province of Bengkulu. The sample of ,tudy was 14 respondents selected by using
purposive sampling technique, 5 judges of Religious Affairs Court in Bengkulu Town and 2 judges
of Religious Affairs High Court of the Province of Bengkulu, and 2 members of The Council of Ulama
in Bengkulu Town. The data fetl on two categories,
primary data dan secondary data. The data were obtained by conducting interviews, distributing
questionnaire and by studying relevant documentation. The data were analyzed qualitatively
by using inductive and deductive logical principles.
The results of the study showed that the act is effective in the region of Bengkulu
town. Of the total respondents, 93% accepted the judges decisions and only 7% appealled to
the supreme court of Indonesia. The effectiveness of the Act to some extent is due to its harmony
with the local customs, cultural and Islamic values. It is also due to the good performance on
highly dedicated religion affairs judges who have given good service to the justice seekers.
One factor which hindered the application of the Act is the general introduction of
the Act which states that the citizens are allowed to option. This option is intended to
control the transition period to calm down members of society who did not support the Act. In order
to enhance the effectiveness of the Act and eradicate the doubts of some law experts about the
act, the writer recommends that the legislation do an amendment to the Act. | en_US |
