Pengaruh Kompilasi Hukum Islam dalam Perimbangan Hakim di Pengadilan Agama Surakarta

Abstract

Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in examining cases filed in the Religious Courts is widely used as a basis for legal considerations by judges, lawsuits filed by parties and in several aspects of the administration of religious courts cannot be separated from the Compilation of Islamic Law. Article 7 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation does not accommodate Presidential Instructions as a legal system in Indonesia, so that Indonesia which adheres to the Civil Law should have a legal basis clear in the application of the law. The study used empirical methods to find data in the field through data collection tools in the form of interviews with judges at the Surakarta Court, to obtain the perspective of legal practitioners directly regarding the Compilation of Islamic Law in its application in dealing with problems in society. The results of research conducted at the Surakarta Religious Court showed that the position of the Islamic Law Compilation was assessed by judges as having an applicable role in resolving cases in the field of marriage, inheritance and waqf in the Religious Courts, because they were able to adapt to the dynamics in society. The Compilation of Islamic Law deserves a place that is recognized in the legal system in Indonesia.