Presented by: Bagus Priyo Prasojo Redhita Veby Atifah Raiyan Maulana Claims Definition Characteristics The Contents The Cases Definition of Claim Claim is a case proposed by a party to the chairman of competent religious judicature, by letter which contain the claim of rights that in dispute between two or more parties.
The Characteristics of Claims There are two parties, one as the plaintiff, and the another one as the defendant; and The main legal problem contains a dispute between two parties. The Contents of Claim Identity; Fundamentum Petendi (Posita), Petitum (demands) The Cases 1. The contentious case handled by Religious Judicature Marriage matters; Legacy; Wakaf Shodaqoh Zakat Infaq Hibah
The Cases (Cont) 2. New cases include under Religious Judicature Mualamalah Syariah Economic
Petition Terminology Definition Characteristics The Cases The Differences between Claim and Petition Terminology of Petition In English, it is called as petition In legal terminology, it is called as Contentious In Indonesia, it is called as permohonan The Definition of Petition The petition is a case proposed by a party to the chairman of competent religious judicature, which contain the claim of rights without dispute.
In Juridical definition, petition is civil case proposed in the form of petition which signed by the petitioner and sent to the chairman of competent religious court. The Characteristics of Petition 1. The case proposed t0 the Religious Court has only one party interests, which mean the case purely to solve interests of the party that need legal certainty and does not contrary or arise a dispute with another party. 2. The case proposed without the dispute with another party. 3. There is no another party becoming the contra side. The Cases In family matters: 1. Petition for polygamy permission; 2. Petition for getting marriage without the parents permission (above 21 years old); 3. Petition for marriage prevention; 4. Petition for marriage dispensation to the party under 16; 5. Petition for marriage cancellation; 6. Petition for the guardian appointment; and 7. Petition for child adoption. The Differences between Claim and Petition 1. In voluntair, there is only one party, but in contentious, there are 2 parties which has a dispute; 2. In voluntair, there is no dispute, but in contentious there is a dispute between TWO PARTIES; 3. In voluntair, the judge only run the executive and administrative power, but in contentious, the judge become decision maker; 4. The product of trial: Decision for claims and Decree for petition; and 5. The decree has no executorial power and the decision has executorial power.
Proposal Procedure Pre-trial or preparation Letter making Registration Examining process Pre-trial or Preparation Disputing parties Authority transfer (113 HIR) - Advocate; or - The family of the party. Authority Letter is consisting of: - Identity; - The matters delegated; - Rights given to the advocate; - Substitution Rights; - The place and time; and - Signature on stamp. Court Competency Letter-making Identity of Plaintiff and Defendant (Name, address, age, occupation, religion, citizenship) Posita (Problems explanation: Rect feitum and recht gronden) Petition/Claims (the matters that asked by the plaintiff: Primair and subsidair) The sequence of content: - The place and time; - The address of head of the court; - Identity of both parties; - Problem explanations; - Petition and claim; and - Signature. Registration Registered to the Clerk office of the Competent Religious Court; The plaintiff has to pay the judicial charges (vorschot) and fulfill the requirements to register a case; The claims/petition will be delivered to the Head of that Religious Court; The head of the Court appoint The judges who will examine the case; The Judges determine the date when the trial will be held; and The parties will get the summon letter to attend the trial. Examining Process First hearing process; Reconciliation; Claims reading; Replik; Duplik;
Examining Process Evidencing by plaintiff; Evidencing by defendant; Final statement from both parties; and Judges decision.