Contemporary Primary Sources :: The Chief Justice of the Indonesian Supreme Court Decree No. 70 of 2004: Relegation of Authority to Acehnese Mahkamah Syar’iyah

The expansion of the authority of the Court of Religion in Aceh and the subsequent change of its name to Mahkamah Syar’iyah has created an overlap of jurisdiction in the processing of civil and criminal cases. This was due to the granting of the special province status for Aceh in 1999 which entails the right for Aceh to implement Islamic law in the region. Mahkamah Syar’iyah was then granted the authority to process both civil and criminal cases for Aceh’s Muslim citizens, a jurisdiction previously shared between the Indonesian General Courts (Peradilan Umum) and the Courts of Religion (Pengadilan Agama).

The decision of the Chief Justice of the Indonesian Supreme Court signifies the relegation of authority previously held by the Indonesian General Court to Mahkamah Syar’iyah in Aceh.

The relegated authorities are as follow:

  1. Muamalah (civil law) cases of Muslim citizens of Aceh regulated in Aceh Qanun
  2. Jinayah (Islamic criminal law) cases regulated in Aceh Qanun

Read the decision (in Bahasa).