PHASE PROCESS STAGE STANDARD OPERATING PROCEDURE (SOP)REGISTRATION OF CURRENT
1.The warring parties come to the Manna Religious Court by bringing a lawsuit or petition
2.The litigant faces the desk clerk of the First and submits a suit or petition, at least 6 (six copies and photocopies of Deed of Marriage Certificate which has been stamped and postmarked and photocopy of ID card (for divorce case)
3.The First Desk Officer (may) provide the explanation deemed necessary in respect of the proposed case assessing the down payment of the court fee which shall then be written in a Letter of Authorization to Pay (SKUM).
4.The litigant shall pay the Case Case Fees to the designated Bank amounting to the amount stipulated in the Power of Attorney to Pay (SKUM).]
5.The cash holder (cashier) signs the Power of Attorney to Pay (SKUM) and affects the serial number of the case and the date of receipt of the case in the Letter of Authorization to Pay (SKUM) and then submits the first letter of Letters of Paid To Pay (SKUM) or petition to the litigant.
STAGE OF CASE HANDLING IN THE OFFICE
The case that has been registered in the Religious Court by the Plaintiff / Petitioner is then just waiting for the trial call from the Substitute Sailor / Jita SitaThe summons of the Substitute Sailor / Substitute Sailor to the Plaintiff / Petitioner and the Defendant / Respondent shall be made at least 3 days before the trial reaches the person concerned, and shall be submitted directly to the Plaintiff / Applicant and Defendant / Respondent as referred to in the lawsuit / . If at the time of calling the parties are not found at the address, then the call is conveyed through the Head of Village / Lurah where the parties reside.If the parties have been summoned and come to the Religious Courts immediately register at the available Information Desk, and just wait for the trial queue. Parties who are, waiting for a special courtroom session available while watching television.
PHASE HANDLING STAGES AT THE OFFICE
In the case of divorce, such as divorce and divorce divorce, the judge must reconcile both parties in every trial (Article 56 paragraph 2, 65, 82, 83 of Law No. 7 of 1989. And further if both parties are present in court followed by mediation PERMA No 1 Year 2008. Both parties are free to choose the judges of mediators available at the Pelaihar Religious Court free of charge, in case of peace, the case is revoked by the Plaintiff / Applicant and the case has been completed. In general civil cases at the beginning of each session, prior to the examination of the case, the judge is required to seek peace between the litigants (Art. 154 R.Bg), and if non-peaceful proceeds with mediation. In this mediation the parties may use the judges of mediators available in the Religious Courts free of charge unless the parties use an external mediator who already has a certificate, then the cost is entirely borne by both parties on the basis of their agreement. In the event of peace, a peace deed is made (Acta Van Verglijk). This Deed of Peace has the same legal power as the judge’s decision, and can be executed, but can not be appealed, cassation and review. In the absence of peace in mediation, both divorce cases and public civil cases, the proceedings of the case proceedings shall continue
READING LETTER OF POLICY.
Before the letter of lawsuit is read out, if the divorce case, the judge is obliged to declare the hearing closed to the public, while the common civil case of the hearing is always open. The Plaintiff’s Claim Letter filed with the Religious Courts is read by the Plaintiff himself or one of the judges, and before being given the opportunity by the judge to the defendant to give his / her response, the plaintiff has the right to change, revoke or retain the contents of the letter of claim. Abala Plaintiff stated that there was no change and additional in his lawsuit then the trial was continued in the next stage
After the lawsuit is read out, the Defendant is given the opportunity to submit his or her answer, either during the hearing that day or the next hearing. The answer of the defendant may be made in writing or orally (Article 158 paragraph (1) R.Bg). At this stage of the answer, the defendant may also file an exception (counter) or reconciliation (counter-claim). And the defendant does not have to pay the case fee.
After the Defendant submitted the answer, the plaintiff was then given the opportunity to respond in accordance with the plaintiff’s opinion. At this stage the plaintiff may retain his lawsuit or may change his position by justifying the defendant’s answer / denial.
After the plaintiff submits the reply, the defendant is given an opportunity to respond / submit his / her duplicate. In this stage it can be repeated until there is a meeting point between the plaintiff and the defendant. If the answer is answered enough by the judge, and there are still things that are not agreed upon by both parties, then this is followed by the proving event.
At this stage, the plaintiff and the defendant are given equal opportunity to present evidence, in the form of evidence of letters and witnesses in turn arranged by the judge.
CONCLUSION OF THE PARTIES.
At this stage, both the plaintiff and the defendant are given equal opportunity to present the final opinion which is the conclusion of the result of the hearing during the hearing took place according to their respective views. This conclusion can be either verbal and can be written.
MUSYAWARAH ASSEMBLY OF JUDICIALS.
The Consultative Meeting of the Panel of Judges is a secret (Article 19 paragraph (3) of Law No. 4 of 2004. In the deliberations of the panel of judges, all judges present their judgment or opinion either verbally or in writing.When there is a difference of opinion, the majority vote, The different can be contained in the decision (dissenting opinion).
DECISION OF JUDGE.
After the deliberation of the panel of judges, in accordance with the schedule of the hearing, at this stage read the decision of the panel of judges. After being read out, the plaintiff and the defendant are entitled to file an appeal remedy within a period of 14 days after the verdict is pronounced. In the event that the plaintiff / defendant is not present when the verdict is read out, the Religious Court Conflict Officer will deliver the decision to the non-attendant party, and the new verdict shall remain valid after 14 days the decision is received by the absentee.
Note: Divorce Divorce Ceremony is still a follow-up trial that is the pronunciation of Pledge of Talak, and this is done after the decision of Permanent Law force (BHT). Both parties will be called again kealamatnya to attend the hearing.