Principle of Law and Justice Certainty on the Position of Woman Witness in Proof System in the Procedural Law of Religion Court

Abstract

Based on Article 54 of Law Number 7 Year 1989 on Religion Court that the procedural law in the religion court it applies the civil procedural law based on HIR/RBg and procedural law based on Law of Islam, so that in The Law of Proof that involve the evidence of witness there is a philosophical problem that is the civil procedural law based on HIR/RBg that does not differentiate between woman witness and man witness, on the other hand according to Law of Islam, man witness has two values of woman witness. This matter philosophically causes problem of justice and law certainty.  Therefore, in the future policy of national procedural law there is only one procedural law of religion court and it is based on Law of Islam as the Formal and Material Law in religion court. That matter is considered as the implementation of islamic personality principle.

Based on the analysis and law certainty theory, related to the position of woman witness in the law of proof in the procedural law of religion court, it shows the uncertainty of procedural law. By using the justice theory in Islam version under study based on justice conception in Islam, so the position of woman witness in the proof has fulfilled the justice value.