The success of mediation in Sabah reaches 80% to 90%
Kinabalu | badilag.net/english
The cases in the first level of Syar’iyah Court in Tawau reach 2,000 cases every year. All cases are settled by only one judge who serves as the chief of the court at the same time. Now, the judge is the Honorable Nurul Husni, a young authoritative pious man.
In addition, according to Mr. Taufiq Bin Ali, a vice registrant in the High Syar’iyah Court of Kinabalu, there are only nine judges in all Syar’iyyah Court in Sabah. Meanwhile, all cases may reach up to 18,000 every year.
In Sabah, there is the High Syar’iyyah Court city with only three judges which is located at Kinabalu and there are six first level of Syar’iyyah Court with only one judge per each.
.Mediation succeeds and duty of judges will become simple
After a case is registered, there is a process called “sebutan”. It is aimed to make sure whether all documents and evidences are complete or not. A litigant and defendant will clarify their aim in this process.
“Sebutan” must be performed in 3 days after registration and “sebutan” must be finished in 21 days after registration. A case will be completely settled not more than 30 days after “sebutan” finishes.
In “Sebutan”, the mediation process will endeavor to resolve disputes between parties. A party will meet other party and they will not be facilitated by a judge, but by a public servant or judge’s assistant appointed by a judge.
If both parties agree to resolve their disputes, then the official document on the agreement (in Indonesia it is known as acta van dading, red) will be made. If they do not agree the case will be decided by the judge with the complete documents and evidences. “The duty of a judge is only to decide“ Mr. Taufiq bin Ali said, a vice registrant in the High Syar’iyyah Court at Kinabalu.
“About 80% to 90% of 2,000 cases are resolved in “sebutan” process”, Mr. Kasim bin Sauji said, a registrant assistant at the Syar’iay Court of Tawau.
Court, judge and apparatus having an authoritative bearing is a key of success
The authoritative bearing of Court, judge and apparatus plays an important role in resolving disputes among parties. Parties commonly trust the Syar’iyyah Court because they get a great solution from the court without paying an amount of money.
The room of session is designed to impress an authoritative bearing and scaring character. In a room of session, chair of a judge can not be accessed by parties because it is separate by a permanent wall. Interestingly, there are small places called “cages”, for witnesses and defendants. The mentioning of “cages” is aimed to make defendants be more frightened and to create the court be more authoritative bearing.
Mediation Quality Improvement in Indonesia
“We must take some efforts to improve our mediation quality”, Deputy Chief Justice, Andi Syamsu Alam, said. “All religious courts must pay their great attention to mediation. A successful mediation will create a “win-win solution”, no parties will feel defeated”, Andi asserted.
During the visit, Andi stressed on the improvement of the mediator’s quality, and the comfortable chamber for mediation, as well as the implementation process, “It must surely complies with our prevailing culture and regulation”, Andi explained.
Translated by Rahmat Arijaya