From One Roof Hearing to Mediation Center

Jakarta | www.badilag.net

Australia-Indonesia Partnership for Justice (AIPJ) held a conference on Partnership of Indonesia-Australia on Wednesday (04/17/2013). The conference held in Sari Pan Pacific, Jakarta discussed various contemporary issues, from one stop hearing to mediation center.

One roof hearing is the legal identity service which involves four agencies at the same time, namely Religious Court, Office of Religious Affairs, District Court and Population and Civil Registration Agency.

Rachael Moore, Counselor Democratic Governance of AusAID assessed that one roof hearing is very important to help people to obtain their legal identity rights, such as birth certificate, marriage and divorce certificate.

. She explained that legal identity is very important to realize the basic social and economic rights for the poor. Without such identity, the poor and children will have difficulties to access the services of education and health program.

 

“Poverty is not only because of economic inability, but also includes the denial of basic rights in terms of law.” She insisted.

Chief of Religious Chamber of the Supreme Court, The Hon. DR. Andi Syamsu Alam, SH., MH., fully supported the existence of one roof hearing. In his opinion, one roof hearing enables the people to obtain their legal rights.

“I agree one thousand percents with the one roof hearing. And right now we are preparing the circular letter concerning the one roof hearing.” Andi Syamsu Alam explained.

Beside one roof hearing, the conference also discussed about mediation. Even the Supreme Court has long provided the regulation on mediation, but the practice is still far from the expectation.

The Supreme Justice, The Hon. Prof. DR. Takdir Rahmadi explained that mediation is useful to eliminate the amount of cases and minimize bribery which much happened in our courts.

“Unfortunately, right now we do not have accurate data on the success of mediation throughout the courts.” Takdir Rakhmadi said.

According to him, the analysis on mediation is needed, especially to reveal why most mediations failed to settle the cases.

In responding such issues, Vice Chief of Cibinong District Court, Diah Sulastri Dewi urged the Supreme Court to develop “mediation center” to restore, analyze and providing accurate data on mediation.

Beside the data availability, another issues that should be considered is about the regulation. Wiwiek Awiati, a member of assistance team of the Supreme Court agreed if the Supreme Court Regulation Num. 1 of 2008 on Mediation Procedure be revised.

“Evalution, monitoring, ToT training, curriculum renewal and surveys should considered by the Supreme Court.” She said.

Specifically on mediation in the Religious Court, Lies Markus highlighted the importance to tailor the mediation training curriculum with the character of cases found in the religious court.

“Many mediation trainers do not really understand about cases and their genuine problems of religious court.” The woman activist said.

[Mohammad Noor]