THE TRAINING, APPOINTMENT, AND SUPERVISION

OF ISLAMIC JUDGES IN INDONESIA

(Published by Pasific Rim Law & Policy Journal at the University of Washington)

EuisNurlaelawati and Abdurrahman Rahim

Abstract: This essay discusses the creation and training of Islamic court judges in Indonesia. This includes an examination of the qualifications for appointment as a judge, the recruitment of new judges, the pre-appointment and in-service training provided for Islamic judges, and the substantive and administrative supervision of the Islamic judiciary. The paper shows that significant changes have occurred in the system of recruitment and training of Islamic court judges with the establishment of new educational qualifications and the implementation of broader and more systematic training programs. As a result of these changes, the quality, professionalism, and standing of the Islamic judiciary have been significantly strengthened.

I. INTRODUCTION

The administration of Islamic justice began to take root in the Indonesian Archipelago in the period of Islamic kingdoms around the fifteenth century.1 The Dutch colonial administration formally recognized Islamic legal institutions in 1882 when it issued a royal decree establishing a system of tribunals called priesterraad (priest’s courts) with the power to decide Muslim matrimonial and inheritance cases in Java and Madura. After Indonesia gained its independence in 1945, the new government expanded the system of Islamic courts to cover the entire country.

There are currently 343 first instance Islamic courts and 29 Islamic appeals courts nationwide. The first instance courts are established at the regency level while the appellate courts exercise a  province-wide jurisdiction.

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