Peradilan Agama di Era Orde Baru dan Reformasi Suatu Studi Perbandingan

Abstract

This paper compared the condition of the Religious Courts in the New Order
with the Reformation Order, especially the political dynamics in the New Order and the
time of the Reformation and its influence on the condition of the PA in Indonesia. In
hopes of getting the red thread of the results of these comparisons.The approach used in
this paper is the juridical and legal politics in order to test the thesis that the condition
of a democratic society will produce responsive laws or populistic, while the condition of
society restrictive laws will produce conservative or orthodox and elitist.
As a result of this paper is that the condition of the Religious Courts in the
New Order to Reform Order appears to occur a significant difference, in the New
Order because the politics are authoritarian, centralized and undemocratic then make
the Religious Courts as the judiciary is not independent and marginalized when
compared with other justice in Indonesia. While in the Era of Reform where the politics
are increasingly democratic and not centralized, the effect on the condition of the
Religious Courts are increasingly developed and developing, both from the aspect of
judicial and non-judicial, especially after the enactment of Law No. 4 of 2004 on the
Principles of Judicial Power, Law No. 3 of 2006 on Amendments To The Law 7
Year 1989 on PA and Law No. 50 Year 2009 concerning the Second Amendment
to Law No. 7 of 1989 on the Religious Courts.