The Position of the Syar-iyah Court in Aceh In the Judicial Power System of the Republic of Indonesia

Abstract

In Aceh, the Shariah Court is a special court within the General Courts and Religious Courts, pursuant to Law No. 50 of 2009 amending Law No. 7 of 1989 concerning Religious Courts. According to the regulation on special courts based on the judicial power law, special courts may be established only in one of the Supreme Court's judicial environments. The Sharia Court's design, which is based on Law Number 50 of 2009, directly contradicts the judicial power law's provisions regarding special courts. This study employs a qualitative research design with a normative approach, as well as a library method, in which it conducts a review of books, laws and regulations, articles, and legal journals that are relevant to the title of this journal article. The findings of this study indicate that the Sharia Court, as a unique court, should be located within the Supreme Court's judicial environment. According to the Syari'ah Court's absolute competence, it should be a unique court within the religious court system, as its speciality is Islamic Sharia law.