Kedudukan Mahkamah Syariah Aceh untuk Menggantikan Peran Peradilan Agama dalam menjalankan Kekuasaan Kehakiman

Read full text
Authors: Muhammad Rayhan Putera, M. Junaidi
Cited by: 0

Abstract

The Aceh Sharia Court is a special judicial institution formed based on the specifics of Aceh as regulated in the Aceh Government Law. The existence of the Aceh Sharia Court has juridical consequences for the exercise of judicial power which was previously exercised by the Religious Courts. This research aims to analyze the position of the Aceh Sharia Court in the national justice system and examine its power in replacing the authority of the Religious Courts in handling cases related to Islamic law. The research method used is normative legal research. The research results show that the Aceh Sharia Court has an equal position to the Religious Court in the judicial power structure, but has broader authority because it covers Islamic civil cases, sharia criminal (jinayat), and sharia procedural law. This transfer of authority does not eliminate the existence of the Religious Courts nationally, but creates a special justice system that only applies in the Aceh region. The position of the Aceh Sharia Court strengthens the implementation of Islamic law within the framework of the Unitary State of the Republic of Indonesia and remains under the guidance of the Supreme Court.

Fields of Study & Subjects

Marriage and Family Dynamics Indonesian Legal and Regulatory Studies Legal Studies and Policies

Publication details

Journal / source
Mahkamah.
Volume
3
Issue
1
Pages
31–46
Publication date
9 January 2026