Authority of Religious Courts: Establishing Heirs for Non-Muslims

Abstract

The socialization of the regulation of the mayor of Surabaya, which was carried out in the Candra Kencana women's building on Kalibokor Street in Surabaya City, turned into a cross-opinion discussion between resource persons and the Lurah and Camat; in essence, the Lurah and Camat objected to signing the Certificate of Inheritance (SKAW) made by the parties. SKAW making is currently done in several ways: making itself known to the headman for Indigenous people, both Muslims and non-Muslims; notaries for Europeans and Chinese; and the Heritage Hall (BHP) for foreign eastern descendants. At first glance, it does not matter, but when the authorized institution turns out to be refused, it becomes an important issue to be discussed. For Muslims, if making SKAW. in Lurah is rejected, they can apply to the Religious Court, but for people other than Muslims (non-Muslims) who are rejected in the village or whose existence is not accepted by the intended agency because the agency asks for an authentic certificate-shaped letter, what legal remedies can be taken? Non-Muslims initially submitted SKAW. to the District Court, but based on the letter MA. No. 26/1993, it was prohibited, meaning that the District Court is not authorized to make SKAW. This caused a legal vacuum, and The Void was answered by Law No.3/2006 on religious courts by giving non-Muslims the opportunity to apply for the determination of heirs by subjecting themselves. Article 49 of the law says, "What is meant by'between people of the Muslim religion ”includes persons or legal entities that themselves voluntarily submit to Islamic law on matters under the authority of the religious courts in accordance with the provisions of this article.”