Territorialization is not a continuous process but occurs in episodes. States are the ‘kings of the wild frontier’ who lay claim to frontier spaces, establish control and defend it against rivals. There are historical examples (the Scramble for Africa, the American Frontier), contemporary ones (the territorialization of the high seas and of cyberspace) and probable future cases (outer space, Antarctica).
The international system of states displays an inherent drive to territorialize and control ‘empty’ or ‘ungoverned’ spaces. Therefore, it is necessary to have an arrangement that reinforces the authority of the Religious Court in canceling the Sharia Arbitration award so that it can more effectively support the enforcement of the sharia economy.
With this authority granted, the Religious Courts have the authority to examine at the same time the substance of the reasons for canceling the Sharia Arbitration award which is included in a criminal act which, in general terms, is the authority of the District Court. The results of the analysis show that the judiciary has the authority to adjudicate requests to cancel the Sharia Arbitration decision, namely the Religious Courts as a forum that represents Islamic justice in Indonesia. The data obtained both primary and secondary data are then analyzed using qualitative descriptive methods. This research uses a type of normative legal research and a law and conceptual approach. This study aims to examine and analyze the role of the judiciary in the cancellation of the Sharia Arbitration award as an alternative settlement of sharia economic disputes. So in order for a system to qualify as universal, it must now draw not only on Western but also on non-Western forms, legacies, and concepts. This led to the extended world society we have today, made up of political systems profoundly different from one another because based on culture-specific concepts. This changed in the post–World War II period, when a larger community of nations developed that was not based on European dominance. Still, these nations stood on an unequal footing, forming a system based on colonial relations of domination. It was only toward the end of the 19th century that an international law emerged as the expression of a "global society," when the Ottoman Empire, China, and Japan found themselves forced to enter the regional international society revolving around Europe. Nineteenth-century international law was forged entirely in Europe: it was the expression of a European consciousness and culture, and was geographically located within the community of European peoples, which meant a community of Christian, and hence "civilized," peoples. This paper discusses the origins 19th-century international law through the works of such scholars as Bluntschli, Lorimer, and Westlake, and then traces out its development into the 20th century.
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