STANDARD OPERATING PROCEDURE (SOP)
1. The party concerned came to the Manna Religious Court with a claim or petition
2. The litigant party faces the First desk clerk and submits a lawsuit or application, at least 6 (six copies along with a photocopy of the quotation of marriage certificate that has been stamped and postmarked and photocopy of identity card (for divorce cases).
3. The First Desk Officer (can) provide an explanation that is deemed necessary in relation to the case submitted to assess the down payment of the case fees which are then written in Power of Attorney for Paying (SKUM).
4. The litigant party pays the Case Fee Advance to the appointed Bank whose amount is in accordance with the amount stated in the Power of Attorney for Paying (SKUM).
5. The cash holder (cashier) signs the Power of Attorney to Pay (SKUM) and affixes the serial number of the case and the date of receipt of the case in the Power of Attorney for Paying (SKUM) and then submits the first copy of the Power of Attorney for Paying (SKUM) which has been stamped and the claim letter or requests to litigants.
STAGE OF HANDLING HANDLING IN TRIAL
Cases that have been registered at the Religious Court by the Plaintiff / Petitioner are then just waiting for a summons from the Deputy ObserverSummon by Substitute / Substitute Observer to the Plaintiff / Petitioner and Defendant / Respondent is conducted at least 3 days before the trial has reached the person concerned, and directly delivered to the address of the Plaintiff / Petitioner and Defendant / Respondent as stated in the claim / petition .
If at the time the parties are called, they are not found at the address, then the call is conveyed through the Village Head / Lurah where the parties reside. If the parties have been summoned and come to the Religious Courts, they will immediately register at the available Desk Information picket, and just wait for the queue. The parties who are currently waiting for the hearing in a special room are available while watching television.
STAGES OF HANDLING HANDLING IN TRIAL
1. PEACE EFFORTS.
In cases of divorce, such as divorce and divorce, the judge must reconcile both parties to each trial session (Article 56 paragraph 2, 65, 82, 83 Law No. 7 of 1989.
Furthermore, if both parties are present, proceed with mediation PERMA No. 1 of 2008. Both parties are free to choose the mediator Judge available at the Pelaihar Religious Court at no charge, if there is peace, then the case is revoked by the Plaintiff / Applicant and the case has been completed.
In civil cases in general at the beginning of the trial, before the examination of the case, the judge is obliged to seek peace between the litigant parties (Article 154 R.Bg), and if not at peace proceed with mediation. In this mediation the parties may use mediator judges available in the
Religious Courts free of charge, unless the parties use an outside mediator who already has a certificate, the costs will be borne by both parties based on their agreement. If there is peace, then a peace deed is made (Acta Van Verglijk). This Peace Deed has the same legal power as the judge’s decision, and can be executed, but cannot be appealed, cassation and review.
If there is no peace in mediation, both divorce cases and general civil matters, then the proceedings of the case proceed.
2. READING THE ACCUSED LAWS.
Before the lawsuit is read out, if the divorce case, the judge is obliged to declare the trial closed to the public, while the general civil trial case is always open. The Plaintiff’s Claim that was submitted to the Religious Court was read out by the Plaintiff himself or one of the judges, and before being given the opportunity by the judge to give the respondent a response / answer, the plaintiff has the right to change, revoke or retain the contents of the claim. Abala the Plaintiff stated that there were still no changes and additions to the lawsuit, then the trial continued to the next stage.
3. ACCUSED ACCOUNT.
After the lawsuit has been read out, then the Defendant is given the opportunity to submit an answer, both when the trial is the same day or the next session. The respondent’s answer can be made in writing or verbally (Article 158 paragraph (1) R.Bg). At this answer stage, the defendant can also submit an exception (objection) or reconciliation (counterclaim). And the defendant does not need to pay down the court fees.
4. CLAIMER’S REPLICATION.
After the Defendant has delivered the answer, then the plaintiff is given the opportunity to respond in accordance with the plaintiff’s opinion. At this stage, the plaintiff may retain the lawsuit or change attitudes by justifying the defendant’s answer / refutation.
5. ACCUSED DUPLIK.
After the plaintiff has submitted the replication, then the defendant is given the opportunity to respond / submit the copy. This stage can be repeated until there is a meeting point between the plaintiff and the defendant. If the answer answer event is considered sufficient by the judge, and there are still things that are not agreed upon by both parties, then this is followed by a verification event.
At this stage, the plaintiff and the defendant were given the same opportunity to submit evidence, both in the form of letters and witnesses alternately arranged by the judge.
7. CONCLUSION OF THE PARTIES.
At this stage, both the plaintiff and the defendant are given the same opportunity to submit a final opinion which is the conclusion of the results of the examination during the session in accordance with their respective views. The conclusion submitted can be in the form of verbal and can also be in writing.
8. PROSPERITY OF JUDGE’S ASSEMBLY.
The Consultative Meeting of the Judges Council is confidential (Article 19 paragraph (3) of Law No. 4 of 2004. In the panel meeting of the panel of judges, all judges convey their considerations or opinions both verbally and in writing. different things can be contained in a dissenting opinion.
9. DECISION OF JUDGE.
After the deliberation of the panel of judges, according to the trial schedule, at this stage the judge’s decision was read out. After the decision has been read out, the plaintiff and the defendant have the right to file an appeal in 14 days after the verdict is pronounced. If the plaintiff / defendant is not present when the verdict is read, the Deputy Court of Religion will deliver the content / decision of the decision to the absent party, and a new decision with permanent legal force after 14 days of decision is received by the absent party.
Divorce Case Divorce there is still a further Session, namely the pronouncement of the Pledge of Divorce, and this is done after the decision of the Permanent Legal Force (BHT). Both parties will be called back to their address to attend the hearing.