Article 49 of Law Number 3 Year 2006: The Religious Courts shall have the duty and authority
to examine, decide and settle cases in the first instance between Muslim persons in the field of
marriage, inheritance, will, grant, wakaf, zakat, infaq, shadaqah and economy shari’a. The
provisions of article 49 are to distinguish and authorize absolute authority of the Religious
Courts Against other judicial institutions, namely the General Courts or the District Court.
Although the District Court is also authorized to hear such disputes, but especially the parties to
the dispute by adopting non-Islamic religion. But the District Court of Sumenep as the General
Court in the case Number 04 / Pdt.G / 2014 / PN.Smp has accepted, examined and adjudicated
grant dispute among the Muslims. So that can be withdrawn formulation of the problem, is it
right that the Sumenep State Court in accepting, examining and adjudicating grant dispute
among the Muslims? After being examined using the normative juridical method by using
secondary data in the form of primary legal materials, the Sumenep District Court has exceeded
its authority. For good on the basis of the theories of authority to judge religious courts, the
theories of authority to try public justice and adagium iuscurianovit, the nature of grant dispute
resolution among persons by the Sumenep District Court has violated the law.

Keywords: Judiciary Authority, Judicial Institution and Absolute Competence