Claims, Petition and the Proposal Procedure

8/11/2019 Claims, Petition and the Proposal Procedure

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The Proposal Procedure ofClaims and PetitionsPresented by:

Bagus Priyo Prasojo

Redhita Veby Atifah

Raiyan Maulana


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Claims

Definition

Characteristics

The Contents

The Cases


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Definition ofClaim

Claim is a case proposed by a party to the chacompetent religious judicature, by letter whichthe claim of rights that in dispute between twoparties.


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TheCharacteristicsof Claims

There are two parties, one as the plaintiff, ananother one as the defendant; and

The main legal problem contains a dispute btwo parties.


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The Contentsof Claim

Identity;

Fundamentum Petendi (Posita),

Petitum (demands)


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The Cases

1. The contentious case handled by Religious Jud

Marriage matters;

Legacy;

Wakaf

Shodaqoh

Zakat

Infaq Hibah


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The Cases(Cont)

2. New cases include under Religious Jud

Mualamalah

Syariah Economic


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Petition

Terminology

Definition

Characteristics

The Cases

The Differences between Claim and Petition


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Terminology ofPetition

In English, it is called as petition

In legal terminology, it is called as Contentiou

In Indonesia, it is called as permohonan


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The Definitionof Petition

The petition is a case proposed by a party to thchairman of competent religious judicature, wcontain the claim of rights without dispute.

In Juridical definition, petition is civil case prop

form of petition which signed by the petitionerto the chairman of competent religious court.


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TheCharacteristicsof Petition

1. The case proposed t0 the Religious Court hone party interests, which mean the case psolve interests of the party that need legaland does not contrary or arise a dispute wanother party.

2. The case proposed without the dispute wit

party.3. There is no another party becoming the co


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The Cases

In family matters:1. Petition for polygamy permission;

2. Petition for getting marriage without the papermission (above 21 years old);

3. Petition for marriage prevention;

4. Petition for marriage dispensation to the pa16;

5. Petition for marriage cancellation;

6. Petition for the guardian appointment; and

7. Petition for child adoption.


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The DifferencesbetweenClaim and

Petition

1. In voluntair, there is only one party, but incontentious, there are 2 parties which has

2. In voluntair, there is no dispute, but in conthere is a dispute between TWO PARTIES;

3. In voluntair, the judge only run the executadministrative power, but in contentious, tbecome decision maker;

4. The product of trial: Decision for claims an

for petition; and

5. The decree has no executorial power and tdecision has executorial power.


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ProposalProcedure

Pre-trial or preparation

Letter making

Registration

Examining process


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Pre-trial orPreparation

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


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Letter-making

Identity of Plaintiff and Defendant (Name, addroccupation, religion, citizenship)

Posita (Problems explanation: Rect feitum and rgronden)

Petition/Claims (the matters that asked by the pPrimair 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.


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Registration

Registered to the Clerk office of the CompeteReligious Court;

The plaintiff has to pay the judicial charges (and fulfill the requirements to register a case

The claims/petition will be delivered to the Hthat Religious Court;

The head of the Court appoint The judges wexamine the case;

The Judges determine the date when the triaheld; and

The parties will get the summon letter to attetrial.


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ExaminingProcess

First hearing process;

Reconciliation;

Claims reading;

Replik;

Duplik;


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ExaminingProcess

Evidencing by plaintiff;

Evidencing by defendant;

Final statement from both parties; and

Judges decision.


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Closing

Thank you for your kind attention!!!

Asking question please!!!

Thanks!!!

Documents

Claims, Petition and the Proposal Procedure