Religious Court Only Has 273 Certified Judge-Mediators
Jakarta | Badilag.net (03/01/2012)
Until the end of 2011, Religious Court only has 273 judges who have been certified mediators. 211 of them are judge-mediators at the first instance courts and the remaining 62 high judges at the appellate court.
Director of the Development of Religious Court Judicial Staff, Drs. Purwosusilo, SH., MH at his office Wednesday afternoon (04/01) said that all the mediators have attended special training on procedures of mediation conducted by the Board of Research, Development, and Training of Law and Judicature of the Supreme Court since 2009 until 2011.
According to him, the number of mediators are still very less when compared to the amount of the religious court units and cases handled. Based on personnels data of Directorate General of Badilag, the number of judges of Religious Courts throughout Indonesia currently are 3,687 judges, and it means the number of certified judge- mediators only 7.40% of all.
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"It is not a problem because Regulation of the Supreme Court allows mediation conducted by a judge who has not been certified and all the judges can also perform mediation." He told the editor of badilag.net.
Due to the less number of certified mediators, and on the other hand every case should be prior mediated, the Supreme Court (MA) gives leeway in conducting a mediation if the court does not have judges, lawyers, legal academics and the legal profession who do not have mediation certificate.
In article 5 point (2) Regulation of the Supreme Court (Perma) No. 1 of 2008 on Mediation Procedure in the Court:
"If in the jurisdiction of a court, no judges, lawyers, legal academics and legal profession belong to certified mediator, a judge in the court of the concerned jurisdiction to perform the function of mediator."
Article 2 point (3) Regulation of the Supreme Court No. 1 of 2008:
"Having no mediation procedures under this rule constitutes a violation of the provisions of Article 130 or Article 154 HIR and RBG resulting the verdict null and void."
Supreme Court Does Not Have Standardized Number of Mediators In One Working Unit
As we have seen, until now Religious Court has 388 working units consisting of 29 High Religious Courts and 359 Religious Courts at first instance.
When asked about how many ideal judges-mediators in one working unit of Religious Court and High Religious Court, Purwosusilo can not explain the exact needs, since the Supreme Court does not have standardized number of mediators for each working unit.
"At least one working unit of Religious Court must have two judge-mediators as well as at one working unit of High Religious Court.” He said. “The amount must also consider the number of cases handled” He added.
Seeing these shortcomings, Directorate General of Badilag in 2012 will ask Board of Research, Development, and Training of Law and Judicature of the Supreme Court to add the the judges of religious courts that will follow the training of certified judge-mediator.
Besides, in the future Badilag will consider the effect of transfer and promotion to the number of certified judge-mediator in one working unit. This is to avoid the accumulation of certified judge-mediators in one working unit.
So far, the impact of transfer and promotion could be beneficial as well as loss to the working unit. There are working units that initially have certified judge-mediator now do not have ones, but there are also working units which accumulates the number of certified judge-mediators
Based on data obtained by badilag.net editor, of the 273 certified judge-mediators, 135 judges (49%) had the tranfers, 51 people (19%) got promotion, 85 people (31%) still remain and the remaining 2 judges (1%) got demotion due to get sanctions.
[Mohammad Noor]