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The Proposal Procedure of

Claims and Petitions


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.

Closing
Thank you for your kind attention!!!

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