Prof. Kusano: Mediation is well implemented at this Religious Court
Jakarta-badilag.net
South Jakarta Religious Court had honorary visit from Japan delegation on Monday, August, 6, 2012. The delegation consisted of Prof. Yoshiro Kusano (Gakushuin University), Prof. Kazuo Inaba (Chukyo University), Prof. Taksuki Inada (Gakushuin University), Prof. Takashi Oshima (lawyer), Yasuko Miura (lawyer), and Tomomi Hori (International Corporation Training).
The delegation welcomed by Andi Syamsu Alam (Deputy Chief Justice of Religious Court Affairs), Kholilurrahman (Chief of Religious High Court, Jakarta), Yasardin (Chief of Religious Court, South Jakarta), Tatayuga (Chief of Religious Court, Central Jakarta), Zulkifli Yus (Chief of Religious Court, North Jakarta), Zulkarnain (Chief of Religious Court, East Jakarta), Yusuf Buchori (Chief of Religious Court, West Jakarta), and judges of South Jakarta Religious Court. .The delegation aimed at discussing on the implementation of mediation at Religious Court. Prof. Kusano had come to Indonesia eight times since 2007. He was very happy because he saw many progress of mediation in Indonesia. Once upon a time, he had also visited to North Jakarta Religious Court. He understood that the success of mediation in Japan did not give any guarantee to be success in Indonesia. However, Japan and Indonesia had similarity in negotiation culture. He saw mediation model in Japan was more appropriate implemented in Indonesia than the English model.
He explained mediation system in Japan. There are two terms of mediation known in Japan. First, “wakai,” that is agreement among disputing parties in certain suits that contains dispute settlement before judge who handles the dispute. Second, “chotei” that is agreement among disputing parties in certain “chotei” cases that contain dispute settlement before Commission of Chotei. Chotei can be classified into civil chotei and family affairs chotei.
The implementation of wakai and chotei has long history. Wakai began when the modernization of Japan (Retorasi Meiji) occurred in 1868, while chotei existed since the enactment of Chotei Law on Land Rent in 1922.
The success of mediation in Japan, Prof. Kusano explained, means that the problem among parties can be well resolved. If husband and wife agree to dissolute their marriage, it can be called success. If they do not agree to divorce, they will be mediated. Then through non-litigation process or court verdict, their case will be settled.
In Japan, divorce does not have to be settled through court verdict. It is very different to Indonesia. In Japan, from 740.000 marriages, one third of the number ends with divorce, and from ten percent of divorce case filed to court, two percent settled through court verdict.
The Professor of School of Law at Gakushuin University explained that he also involved in composing Perma No. 1/2008 on Mediation Procedure at Court. After his retirement as judge in 2006, he was requested by Japan International Cooperation Agency (JICA) to hold the Improvement of Mediation System project in Indonesia for two years.
Religious Court, A Good Court
The delegation also looked around rooms at South Jakarta Religious Court. There was no room missed by the delegation. The delegation saw information desk room, registration room, hearing room, legal aid post room, judge room, secretary room, and registrar room.
Prof. Kusano stared at writing on the wall namely “one way wakai system.” Yasardin, Chief of Religious Court, South Jakarta, explained that the model was the model as used in Japan. “We adopt this model from your country,” he said. The chief whose fluent English said that in 2006, he and group from many government institutions attended mediation training in Japan for one month.
After looking around all rooms, Prof. Kusano smiled and commented: Pengadilan yang bagus.” He also gave his work; a book entitled “Wakai Gijutsuron” (Shinzansha, 2003). The book that has been translated into English and Bahasa Indonesia is a comprehensive book on mediation in Japan.
South Jakarta and North Jakarta Could be A Model
Deputy Chief Justice, Andi Syamsu Alam, appreciated Prof. Kusano with group for their attention to the development of mediation in Indonesia. In Indonesia, according to Andi, there is enhancement of mediation success although little by little.
He hoped the cooperation with Japan could be continued because Religious Courts got many benefits, especially in the success of mediation. “ I see Prof. Kusano is very satisfied with the implementation of mediation at this court. Therefore, this court and the other courts that have been visited by Professor can be a model for the others in Indonesia,” he said. Besides South Jakarta Religious Court, Prof. Kusano also visited Bantul Religious Court in the end of 2011, and North Jakarta Religious Court.
(nawa)