Chief Justice signed the MoU annex with FCA and FCoA
Brisbane | Kepaniteraan.mahkamahagung.go.id
Chief Justice, the Honorable DR. Hatta Ali, SH., MH. signed the annex of Memorandum of Understanding (MoU) with Federal Court of Australia (FCA) and Family Court of Australia (FCoA) on Wednesday (10/03/2012), at Harry Gibbs Commonwealth Law Courts Building, Federal Court of Australia, Brisbane, Queensland. The Federal Court of Australia was represented by the Chief Justice, the Honorable PA. Keane, and Family Court of Australia by the Chief Justice, the Honorable Diana Bryant.
The last time the signature of MoU among the Indonesia Supreme Court, Federal Court of Australia and Family Court of Australia was conducted on July 21st, 2008 and renewed every year by signing the annex. Meanwhile the first MoU among the three judiciaries was conducted in 2004. The annex of MoU contains certain judicial cooperation prevailed for one year as the breakdown of MoU. And the scope of the annex this year includes mediation, small claim court, business process reengineering, apprentice program, and class action.
. The Chief Justice, the Honorable Hatta Ali, in his speach after signing the MoU, appreciated the Federal Court and Family Court that has arranged judicial cooperation with the Indonesia Supreme Court for eight years. The arranged well cooperation was conducted within the different culture, language, and system of law. “Even in differences, we remains the judiciary institution, so we work together to uphold the supremacy of law.” The Chief Justice stated.
The Chief Justice expected that the judicial cooperation among the three judiciaries can be broaden to the field of access to justice, beside the case management. “Access to justice is a fundamental issue faced by the justice seekers in Indonesia.” The Chief Justice revealed. The Chief Justice also explained that the lack of infrastructure, the weakness of management, budgeting process, and unresponsive legislation policy have forced the judiciary to be more creative and proactive to bridge the access to justice.
Based on these issues, the Chief Justice continued, the cooperation equipped by the MoU will promote the issue of access to justice comprising the enhancement of mediation within the family law, class action, and small claim court. “The issues are very actual for the Indonesian Judiciary.” The Chief Justice said.
Meanwhile the Chief Justice of the Federal Court, the Honorable PA Keane in his speach expressed that he was so honored to be given a chance to support the judiciary reform conducted by the Indonesia Supreme Court. “Even our support is quite minimum, we thank on behalf of all the staffs.” He said.
The Chief Justice PA Keane confirmed the mediation that will be made as the focus in the current annex. In his opinion, mediation has a strategic position in the case management process, especially in the settlement process. “Mediation is effective in the process of access to justice.” He insisted.
The issue of access to justice has also become the attention of the Chief Justice of the Family Court of Australia, the Honorable Diana Bryant. She appreciated the achievement in the field of access to justice obtained by Indonesian judiciary. According to the Chief Justice, by the program, the poor and marginalised people are able to access to the court, especially to obtain marriage certificate and birth certificate. The program also has successfully shared the access to justice for the women.
Chief Justice Diana Bryant revealed that the success of access to justice in Indonesia, especially the access of women to justice and the waiving of court fee have motivated two international journal to raise the issue in their reports. The journals are Report on UN Women: in Pursuit of Justice and The 2012 World Development Report: Gender Equality and Development.
The Most Unique Relationship
Prof. Tim Lindsey, the Director of Asian Law Center, Melbourne University, who was the introductory speaker in the ceremony expressed that the pattern of relationship between the Indonesia Supreme Court and the Australia judiciary was the most unique one in the world. “The relationship has been arranged well in more than two decades, whereas it happened between two countries that have different languages, majority religion, culture and even system of law.” Prof. Tim explained.
“The relationship among the three judiciaries remains well, even when the relationship between Indonesia and Australia was in a heated up dynamics.” Prof Tim Lindsay added.
[Mohammad Noor]