Cassation

CASE STUDY LEVEL

PROCEDURE  THE STEPS TO BE CUSTOMER’S APPLICATION 

Submit a cassation application in writing or verbally through the Religious Court / Syari’ah Court which decides the case within a period of 14 (fourteen) days after the determination / decision of the High Religion Court / Provincial Syari’ah Court is notified to the Applicant {Article 46 paragraph (1) Law No. 14 of 1985 which was amended by Law No. 5 of 2004}.Pay court case fees (Article 46 paragraph (3) of Law No. 14 of 1985 which was amended by Law No. 5 of 2004}.

The court clerk of the first level notifies the counterparty in writing not later than 7 (seven) days after the appeal is registered.The application for cassation must submit a memorandum of cassation within a period of 14 (fourteen) days after the application is registered (Article 47 paragraph (1) of Law No. 14 of 1985 which has been amended by Act No. 5 of 2004}.

The court clerk at the first level notifies and delivers a copy of the cassation to the other party within 30 (thirty) days of receiving the cassation (Article 47 paragraph (2) of Law No. 14 of 1985 which was amended by Law No. 5 of 2004}.

The opposing party may submit a letter of reply to the cassation memory to the Supreme Court no later than 14 (fourteen) days from the date of receipt of the cassation copy of the article (Article 47 paragraph (3) of Law No. 14 of 1985 which was amended by Law No. 5 of 2004}. The first level court clerk sends the cassation file to the Supreme Court no later than 30 (thirty) days after receipt of the cassation and reply to the cassation memory (Article 48 of Law No. 14 of 1985 which was amended by Law No. 5 of 2004}.

The Supreme Court Registrar sends a copy of the decision to the Religious Court / Syari’ah Court for further submission to the parties.after the decision is submitted to the parties, the clerk: For divorce talak cases:Notify about the Determination of the Session Day pledging pledge by calling both parties.Giving Divorce Deed as proof of divorce no later than 7 (seven) days. For case of divorce:Giving Divorce Deed as proof of divorce no later than 7 (seven) days.

PROCESSING SETTING PROCESS

The application for cassation is examined by the Supreme Court in completing the file, then recorded and given the case register number.

The Supreme Court informs the Petitioner and the Respondent that the case has been registered.

The Chairperson of the Supreme Court determines the team and then the team leader determines Majeli the Supreme Judge who will examine the case.Submission of case file by assistant coordinator (Askor) to the substitute clerk who handles the case. Substitute Registrars distribute case files to the Supreme Court of Justice respectively (readers 1, 2 & 3) to be given an opinion.

The Supreme Court of Justice decided on the case of the Cassation;

The Supreme Court sends a copy of the decision to the parties through the first level court that accepts the appeal.

Manna Class II Religious Court

Jalan Raya Padang Panjang Manna Tel. (0739) 22005, Fax (0739) 22004

Website: www.pa-manna.go.id e-mail: surat.pamanna@gmail.com

BENGKULU SELATAN – 38513