Dualisme Kewenangan Penyelesaian Sengketa Antara Mahkamah Syar’iyah dan Lembaga Peradilan Adat

Abstract

Since 2003, the establishment of a specific qanun on khalwat is found in qanun number 14 of 2003, where violators will be processed legally through the sharia court, the community is only involved in the form of prevention and reporting to the authorities if a violation of jarimah khalwat is found. However, the validity of the qanun has been removed along with the enactment of Qanun Number 6 of 2014 concerning Jinayat Law. Substantially, the two Qanuns are very different, especially with regard to the settlement of jarimah khalwat cases. In the new Qanun, khalwat cases are resolved through customary courts, but if it is reported to the authorities, then the authorities will process it through the syar'iyah court. This is certainly a dualism of case settlement. This article is studied by using normative legal research method based on statute approach. The results of the study found that normatively there is still an overlap of authority and even a detailed description does not yet exist in the Qanun, besides that casuistically there are still many khalwat cases resolved through customary courts, only a small part is resolved through the Syar'iyah Court. The Qanun on Jinayat Law should not provide opportunities for customary courts to resolve khalwat cases and there should be a review of Qanun No. 9/2008.