From Mandate to Practice:

Institutional Readiness and Reform in Indonesia’s Religious Courts

Sofian Al-Hakim

Yasardin

Cucu Susilawati

Agi Attaubah Hidayat

 

Abstract: Following the Amendment Number 3 of 2006, which conferred exclusive jurisdiction upon Indonesia’s Religious Courts to adjudicate Shari’ah economic disputes, the judiciary has faced both endorsement and scrutiny. While many support this institutional expansion, concerns persist regarding the preparedness of Religious Court judges to handle complex Shari’ah economic cases. These concerns have been further addressed through Supreme Court Regulations (PERMA) Number 5 and 14 of 2016, which mandate that such disputes be resolved by judges certified in Shari’ah economics. This article critically examines the institutional capacity of the Religious Courts by assessing both the quantitative sufficiency and qualitative competence of certified judges. Employing a doctrinal (normative) legal approach and a descriptive-analytical assessment of institutional data, the article draws on secondary legal sources to evaluate current certification levels, revealing that only 23% of judges have received formal training in Shari’ah economics. In response, the Religious Court Body has implemented strategic measures: establishing Special Shari’ah Economic Councils, expanding technical training beyond certification, and fostering inter-institutional cooperation to enhance judicial expertise. The findings underscore sustained certification efforts and equitable distribution of qualified judges to ensure consistent, competent, and Shari’ah-compliant adjudication across Indonesia, in alignment with the mandates of PERMA Number 5 and 14 of 2016. Judicial professionalism is based on critical link among specialised training, institutional readiness, and the effective administration of justice in specialised courts.