Circular No. 8 of 2008 on Execution of Shari'a Arbitration Body Decisions

This circular was drafted in response to questions raised by several Chief Justices of Indonesian religious courts (Pengadilan Agama) in relation to the execution of Shari'a Arbitration Body (Badan Arbitrase Syari'ah - Basyarnas) decisions. Citing art 60 of Law No. 30 of 1999, the circular states that Basyarnas decisions are final and binding. If, however, parties choose not to abide by them, religious court judges, pursuant to art 49 of Law No. 7 of 1989 as amended by Law No. 3 of 2006, are authorised to investigate and decide such disputes, and therefore, may order parties to abide by a Basyarnas decision.

This circular was later rendered invalid by Supreme Court Circular No. 8 of 2010.

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