Main Trail – Religious Court of Manna

FIRST LEVEL OF TEACHER TEACHING PROCEDURES IN RELIGION’S MANNA COURT

PRACTICAL GUIDELINES FOR ARRANGING

Transparency, Accountability, Independent, Respected, and Quality Human Resources of the Judicial Apparatus Smile, Greetings and Greetings Manna Klas II

Religious Court Jalan Raya Padang Panjang Manna Tel. (0739) 22005, Fax (0739) 22004 Website: www.pa-manna.go.id e-mail: surat@pa-manna.go.id BENGKULU SELATAN – 38513

Matters that must be known and guided before filing a case / request to the RELIGION COURT MANNA KLAS II

For people who will litigate in court and do not understand how to make a letter of application / claim (regarding posita and petitum), and the amount of down payment for court fees that must be paid, it is recommended to first ask for instructions to the court clerk with KTP and Surat Marriage and / or other related documents that have been photocopied.

The amount of down payment for the case fees that must be paid depends on the number of parties related to the case. A new application / claim is registered at the court office after the Plaintiff pays a down payment for the case fee, the amount of which has been determined by the Chairperson of the Pemalang Religious Court. For marital matters, court fees are borne by the party submitting the application / claim; For cases other than the marriage sector, court fees are the burden of the defeated party.

For applicants / plaintiffs who are not able to, must bring an Inability Letter from the Village Head / Lurah legalized by the Camat and / or bring another Social Security Card, and he is released from paying court fees. For those who are illiterate, it can be with an oral request delivered directly to the Chairperson of the Court or the appointed Judge;

1. Divorced Divorce: is an Application (unlike a voluntary case in general, because the Request for Divorce is “Opponent”, namely the Wife / Respondent) submitted by the husband who will divorce his wife.

The procedure is as follows:

Submit a written application to the court;

The application must include: the identity of the parties (husband as the Petitioner and his wife as Respondent), posita (ie: reasons / arguments underlying the submission of the petition), petitum (ie the matter requested by the court);

The reason for divorce must cover at least one of the articles contained in article 19 of Government Regulation Number 9 of 1975 jo. Article 116 Compilation of Islamic Law, namely:The wife of adultery or being a drunkard, compactor, gambler and so on is difficult to cure;The wife leaves the others for 2 consecutive years without the permission of the other party and without valid reason or because other things are beyond her ability;

One party gets a five-year prison sentence or a heavier sentence after the marriage takes place;One of the parties committed severe cruelty or abuse to another party;

One party gets a disability or illness which results in not being able to carry out his obligations as husband / wife;Between husbands and wives there are continuing disputes and quarrels and there is no hope of living in harmony in the household;Religion or apostasy which causes non-harmony in the household.

An application is submitted to a court at the residence of the wife, unless the wife has left the residence together without the husband’s permission, then the petition is filed in court at a shared residence. If the wife is abroad or the wife leaves, her residence is unknown, so the petition is submitted to the court at the residence of the husband. Note: To simplify the process, also prepare the following documents: Original Letter / Quotation of Marriage Certificate / Duplicate Excerpt of Marriage Certificate (husband and wife); Photocopy of Excerpt of Marriage Certificate / Duplicate Excerpt of Marriage Certificate 2 (two) sheets that have been sufficiently stamped and stamped at the nearest Post Office;

Resident Identity Card (KTP) that is still valid, or if it has moved and the address is not in accordance with the KTP, a Domicile Certificate from the local Village;Family Card (if any);Child Birth Certificate (if any); 2. Divorced Claim: is a lawsuit filed by a wife who sues for divorce against her husband. The procedure is as follows:

Submit a written suit to the court; (for those who are illiterate can be with an oral request submitted directly to the Chairperson of the Court); The lawsuit must contain: the identity of the parties (wife as Plaintiff and husband as Defendant), posita (ie: reasons / arguments underlying the filing of the claim), petitum (ie the matter requested by the court).

The reason for divorce must cover at least one of the articles contained in article 19 of Government Regulation Number 9 of 1975 jo. Article 116 Compilation of Islamic Law, namely:for 2 consecutive years without the permission of the other party and without legitimate reasons or because of other things beyond his ability; One party gets a five-year prison sentence or a heavier sentence after the marriage takes place; One of the parties committed severe cruelty or torture against another party;One party gets a disability or illness which results in not being able to carry out his obligations as husband / wife;Between husbands and wives there are continuing disputes and quarrels and there is no hope of living in harmony in the household;

Religion or apostasy which causes non-harmony in the household;A lawsuit is filed in court at the residence of the wife, except if the wife has left the residence together without the husband’s permission, then the claim is filed in court at the residence of the husband / husband;If the husband is abroad or the husband leaves, his residence is unknown, then the claim is brought to court in the wife’s residence. Note: To simplify the process, also prepare the following documents: Original Letter / Quotation of Marriage Certificate / Duplicate Excerpt of Marriage Certificate (husband and wife); Photocopy of Excerpt of Marriage / Duplicate Deed Excerpt of Marriage Certificate 2 (two) sheets that have been sufficiently stamped and stamped at the nearest post office; Resident Identity Card (KTP) that is still valid, or if it has moved and the address is not in accordance with the KTP, a Domicile Certificate from the local Village;Family Card (if any);Child Birth Certificate (if any);

3. Cancellation of Marriage: is an application submitted by the wife, husband, family in a straight line to the husband or wife, and the authorized official / official to cancel a marriage that has been officially registered. The procedure is as follows: The party who wants to cancel the marriage, submits a written application to the court; The application must contain: the identity of the parties (the Petitioner and the Respondent), the posita (ie: reasons / arguments underlying the submission of the petition), petitum (ie matters requested by the court). The reasons for canceling marriage include:The husband has remarried (polygami) without court permission;The wife has remarried even though she is still married to another man (not divorced), or still in the midst of the iddah;Marriage is carried out by unauthorized VAT; Marriage uses illegal marriage guardians;The marriage was conducted without witnessing 2 witnesses;Marriage is carried out under threat; Wedding widenedgar marriage age limit;At the time of the wedding there is a misunderstanding regarding the husband or wife; An application is submitted to a court in the marriage law area or at the spouse’s place of residence;

4. Permit for Polygamy: is a request for permission to have a wife more than one submitted by the husband. The procedure is as follows: Husbands who have married one or three people who want to remarry (the Applicant), submit a written application to the court;An application is submitted to a religious court in the applicant’s residence; The application must contain: the identity of the parties (the Petitioner and Respondent = wife); posita (that is, the reasons / arguments underlying the submission, details of assets and / or amount of income, identity of the prospective wife),petitum (that is, the matter requested by the court); The reason for the permission of Polygami must include one of the reasons stated in Article 4 paragraph (2) of Law no. 1 of 1974, jo. Article 57 Compilation of Islamic Law, which is:the wife cannot carry out the obligation as a wife; the wife gets a disability or an incurable disease; the wife cannot give birth to offspring;Must fulfill the requirements as stated in article 5 paragraph (1) of Law No. 1 of 1974, namely: The approval of the wife;There is certainty that the husband is able to guarantee the needs of the wife’s life and their children; There is a guarantee that sumi will be fair to wives and children;

5. Marriage Dispensation: is for marriage that the prospective bridegroom or bride is underage and has not been allowed to marry in accordance with the prevailing laws and regulations. The procedure is as follows: Both parents (father and mother) bride candidates who are underage, each as Petitioner 1 and Petitioner 2, submit a written application to the court;An application is submitted to a religious court at the residence of the Petitioners; The application must include: the identity of the parties (Father as Petitioner 1 and Mother as Petitioner, 2) posita (ie: reasons / arguments underlying the submission of the petition, as well as the identity of the prospective bridegroom / bridegroom), 3) petitum (ie the matter requested the verdict from the court).Note: To simplify the process, also prepare the following documents: Original Letter / Quotation of Marriage Certificate / Duplicate Excerpt of Applicant’s Marriage Certificate;Photocopy of Excerpt of Marriage Certificate / Duplicate Excerpt of Marriage Certificate 2 (two) pieces; Resident Identity Card (KTP) that is still valid, or if it has moved and the address is not in accordance with the KTP, a Domicile Certificate from the local Village;Family Card (if any); Child Birth Certificate (if any);Marriage Registration Rejection Letter from the local Office of Religious Affairs.

6. Marriage permission: For marriage, the prospective husband or prospective wife is not yet 21 years old and does not get permission from her parents. The procedure is as follows: The prospective bridegroom / woman whose age is not yet 21 years old and not getting permission from her parents, submits a written application to the court; An application is submitted to a religious court in the applicant’s residence;The application must contain: the identity of the party (prospective husband / wife who is not yet 21 years of age as the applicant), posita (ie: reasons / arguments underlying the filing of the petition, as well as the identity of the applicant’s parent and prospective husband / wife), petitum (ie the matter requested by the verdict from the court).Note: To simplify the process, also prepare the following documents: Resident Identity Card (KTP) that is still valid, or if it has moved and the address is not in accordance with the KTP, a Domicile Certificate from the local Village;Family Card (if any);Child Birth Certificate (if any);Marriage Registration Rejection Letter from the local Office of Religious Affairs.

7. Guardian Adhol: for marriage, the guardian of the prospective wife refuses / is reluctant to become a marriage guardian. The procedure is as follows: The prospective bride whose legal guardian refuses to become a marriage guardian (Applicant), submits a written application to the court; An application is submitted to a religious court at the applicant’s residence or submitted to a court in the place of the applicant; The application must contain: the identity of the party (Applicant), posita (ie: reasons / arguments underlying the submission of the application, as well as the identity of the legal guardian and prospective husband), petitum (ie the matter requested by the court). Marriage Endorsement (Itsbat Marriage)The request that the marriage contract that had been carried out in the past, was set valid, because there was no authentic proof of his marriage. The procedure is as follows:

Husbands and / or wives, widows or widowers, children, marriage guardians and those with an interest in the marriage as Petitioners, submit written applications to the court; An application is submitted to a religious court in the applicant’s residence; The application must contain: the identity of the party (the Applicant / the Petitioners), the posita (ie: reasons / arguments underlying the submission of the petition), petitum (ie the matter requested by the court).Information: Procedures for lawsuits and other requests, both in the field of marriage and outside the marriage sector (inheritance, grants, endowments, zakat, shodaqoh and sharia economy) are in principle the same as the procedure for registering the cases mentioned above.

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II POLIGAMI LICENSE TERMS

A copy of ID card is still valid;Photocopy of Quote of Marriage Certificate;Approval Letter of Wife Willing to be Combined; Certainty of Husband is Able to; Ensuring the Need for the Life of the Wife and Child; Husband’s Guarantee Letter Is Able To Apply Fairly To Wives and Children;Income Statement from the Village Head; Letter / Proof of Property with Husband and Wife;Certificate of Separation of Assets; Submit 6 copies of applications;For civil servants or members of the TNI / POLRI, they must attach a decree regarding the polygamy permit from the superior;Paying Down Case Fees;

TERMS OF KAWIN DISPENSATION

Photocopy of Second Parent’s KTP is still valid;Photocopy of Excerpt of Marriage Certificate from both parents;Photocopy of Excerpt of Second Birth Certificate of Bride Candidate;Photocopy of Family Card;Submit 6 copies of applications;Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process;

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II REQUIREMENTS OF WALI ADHALA

copy of ID card is still valid;Photocopy of Marriage Rejection Letter from KUA if any;Photocopy of Excerpt of Birth Certificate;Submit 6 copies of applications; Paying Down Case Fees;

NIKAH CANCELLATION TERMSA

copy of ID card is still valid;Original and photocopy of quotation of marriage certificate;Submitting Multiple Claims 6;Paying Down Case Fees;

NIKAH / ISBAT ENDURANCE TERMSA

copy of ID card is still valid;Submit 6 copies of applications;Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II TERMS OF TALAK STORIESA

copy of ID card is still valid;Original and photocopy of quotation of marriage certificate;Submit 6 copies of applications; For civil servants or members of the TNI / POLRI, they must attach a decree regarding the permission to divorce from their superiors; Paying Down Case Fees;CUTAI GUGATA copy of ID card is still valid; Original and photocopy of quotation of marriage certificate;Submit 6 copies of applications; For civil servants or members of the TNI / POLRI, they must attach a decree regarding the permission to divorce from their superiors;Paying Down Case Fees;

JOINT TREASURE TERMSA

copy of ID card is still valid; Photocopy of Divorce Deed Excerpt;Photocopy of Proof of Property / Certificate of Ownership;Submitting Multiple Claims 6; Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II REQUIREMENTS FOR REQUESTS AND AUTHORITIESA

copy of ID card is still valid;Photocopy of Quote of Marriage Certificate;Photocopy of Family Card;Photocopy of Excerpt of Birth Certificate / Diploma;Photocopy of Certificate / Account Book;Photocopy of related letters such as: – Civil Servant Decree, – SK Pension, – Taspen, – Quote of the Death Certificate to manage Taspen; Submit a Request / Dual Claim 6;Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II CONDITION OF CHILDREN (ADOPTION)

Photocopy of Applicant’s KTP is still valid;Photocopies of Parents’ ID cards are still valid;Photocopy of Excerpt of the Petitioner’s Marriage Certificate;Photocopy of Excerpt of Parent’s Marriage Certificate; Photocopy of Applicant’s Family Card;Photocopy of the Parent’s Family Card; Photocopy of Excerpt of Child Birth Certificate;Submission Letter of Children from Their Parents; Income Statement from the Village Head;Health Certificate from Doctor / Hospital; Certificate of Good Conduct from the Police;Statement from the Provincial Social Service for Single Parents; Certificate from the Provincial Social Service for Neglected Children / Institutions;Ministry of Social Affairs Certificate for foreigners; Submit 6 copies of applications;Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II TERMS OF PRIVATE RIGHTSA

copy of ID card is still valid;Photocopy of Divorce Deed Excerpt;Photocopy of Family Card;Photocopy of Child Birth Certificate; Submit 6 copies of applications;Paying Down Case Fees;

TERMS OF WARRANTYA

copy of ID card is still valid; Photocopy of Excerpt of Heir Marriage Certificate;Waris Certificate from the Village / Kelurahan Chief is known to the Camat;Excerpt of the Heir’s Death Certificate; Ownership certificate of inheritance, if any;Photocopy of Heir Family Card;Submitting Multiple Claims 6 plus as many Defendants; Paying Down Case Fees;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II TERMS OF DETERMINATION OF THE WAR A

TERMS OF APPLICATION OF RESPONSIBILITY OF RESPONSIBILITYA

copy of ID card is still valid; Power of Attorney from the Director of the Bank If Authorized to the Legal Bureau of the Company / Bank; Photocopy of Debt Agreement Document;Photocopy of Agreement to Provide HT; Photocopy of Deed of Granting of Underwriting Rights; Photocopy of Certificate of Underwriting Right Certificate;Photocopy of Collection / Warning Letters to Debtors; Submit 6 copies of applications; Paying Down Case FeesInformation: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II REQUIREMENTS FOR MAKING STORIES

Showing valid ID card or other proof of identity;Power of Attorney for Collection of Divorce Deeds known by the Village / Village Head; IDR 6,000 stamp duty for those who authorize others; Pay IDR 5,000.00 PNPB;

TERMS OF DECISION / DECISION

COPYShowing valid ID card or other proof of identity; Paying PNPB Rp 1,500.00 for each copy of the Decision / Determination;

TERMINAL RESTRICTING TERMS Showing valid ID card or other proof of identity;Bringing the Original Notification of the Remaining Remaining Return from the Chair of the Panel of Judges; If the 6-month Remaining Time is Not Taken Will Be Paid to the State Treasury;Information: These requirements are only preliminary requirements, to further wait and follow the instructions and orders from the Panel of Judges in the trial process

REQUIREMENTS FOR ARRANGING / MAKING APPLICATIONS IN THE RELIGION COURT WHERE CLASS II REQUIREMENTS FOR CHARACTERISTIC DUPLICATION

Showing valid ID card or other proof of identity;Certificate of Loss from the Police; Certificate from the Village Head / Lurah Married Back After Divorce;IDR 6,000 stamp duty;

TERMS OF INSIDENTIL AUTHORITY

Photocopy of ID card is still valid for Giver and Recipient;Certificate of Family from the Village / Village Head; Application for Incidental Power;IDR 6,000 stamp duty; Remarks: This requirement is only an initial requirement, to further wait and follow the instructions and orders from the Panel of Judges in the trial process;