Mahkamah Syariyah dalam Sistem Kekuasaan Kehakiman Indonesia

Abstract

The Sharia Court (Mahkamah Syariyah) is a special judicial institution within the Indonesian judiciary system, particularly in the Province of Aceh. Its existence is characterized by a unique feature, as it not only performs the functions of a religious court but also has jurisdiction over Islamic criminal law (jinayah). This study aims to analyze the constitutional legitimacy of the Sharia Court, its institutional design within the national judicial system, and the potential for structural disharmony that may arise in its implementation. This research employs a normative legal method with statutory and conceptual approaches. The findings show that the Sharia Court has strong constitutional legitimacy based on the 1945 Constitution of the Republic of Indonesia, further reinforced by Law Number 11 of 2006 concerning the Governance of Aceh, thereby confirming its lawful existence within the national judicial system under the Supreme Court of the Republic of Indonesia. In terms of institutional design, the Sharia Court reflects an asymmetric judicial structure, meaning it operates within the same national judicial framework but with broader jurisdiction compared to general religious courts. This design represents a model of controlled legal pluralism, in which Islamic law is integrated into the state legal system in a regulated manner. However, the study also finds potential structural disharmony, particularly regarding normative differences between national law and Islamic criminal law, as well as coordination among law enforcement institutions. Nevertheless, these potential issues can be minimized through regulatory harmonization and strengthened institutional coordination. Thus, the Sharia Court functions not only as a judicial institution but also as a constitutional instrument in managing legal pluralism in Indonesia within the framework of a rule-of-law state.