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The Code of Conduct for Registrars and Bailiff to Come Soon

 

Jakarta | Badilag.net

In the near future, the registrars and bailiffs—included the substitute registrars and substitute bailiffs—will have a professional code of ethics. The draft of the code is being developed by a working group and formulation team.

“The code will regulate what may and may not be done by the registrars and bailiffs.” Aria Sujudi, the member of the Supreme Court Reform team, said recently in Jakarta.

As has been known, so far the profession of registrars and bailiffs does not have any special code of ethics. Whereas as the counterpart of the judges, the professions have very important position.

What we find today is the code of ethics issued by Association of Indonesian Court’s Registrar/Secretary (IPASPI). Even the code mentions the profession of registrars, the eight articles-code is more focused on the regulation of the association’s members, rather than regulates in detail what may and may not be done by the registrars and bailiffs.

The formulation of registrars and bailiffs’ code of ethics was begun last year. As has been reported by the Judicial Reform’s website, the issue has been discussed on September last year. The discussion involved the speaker from Federal Court of Australia (FCA).

“The establishment of the ethical code is one of our efforts to increase the capacity of our registrars and bailiffs, beside to preserve the dignity of judicial power,” The Hon. Suhadi once said, when he was a registrar of the Supreme Court.

In that occasion, Warwick Soden, the registrar and Chief Executive Officer of FCA shared his experience about the ethical code of FCA’s registrar.

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The Religious Courts Need to Improve the Monitoring and Evaluation Program

 

Aceh| badilag.net

According to the report from the abroad survey organization, the Religious Courts are poor in conducting monitoring and evaluation on some certain programs been done. This statement was conveyed by the DG Wahyu Widiana before entirety participants of the third generation of competence technical guidance for judges under the religious courts at the Sulthan International Hotel, Banda Aceh, Tuesday (2012/4/17).

“Every single program should have be conducted continually, there supposed to be some follow-ups so the whole pragrams connected one to each other’ Wahyu Widiana stated. According to him, many programs held by the Badilag or work unit of many regions all this time, in particular programs related to the development of human resources not been followed-up whereas the follow-ups are important in improving human resources quality in religious courts.

Further, the DG demanded all work units to do follow-up programs after conducting certain programs, for instance a workshop, so it would not finished at the workshop per se.

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Recollecting the Decree Letter of the Chief Justice

 

Jakarta | badilag.net

As it has been known, Standard Operational Procedure (SOP) has been a must-exist rule of the court. So, when a court has its own SOP, is every court obliged to have kind of service standard as well? “What is the difference between them anyway?” This kind of question appears prominently since the issuance of the Decree Letter of the Chief Justice of Indonesian Supreme Court Number 026/KMA/SK/II/2012 on Courts Services Standard by the last February.

This is quite simple question and it makes sense for everyone to ask recollecting the current situation where every court has been establishing its own SOP steadfastly, whereas the SOP is something representing a rule of court service standard.

But according to Aria Sujudi, a member of Supreme Court’s Reform Team, the SOP and Courts Service Standard are two different things. To comprehend it clearly, he conveys a question to answer “Has SOP stood for Public Service Standard already? It has not yet, SOP rules internally, it would be something complicated for public to understand. A simple reason, public needs brief transparent document regulating their rights before the courts. Simply by questioning how long the case will run? How much is the case fee? etc.”

 

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Each Working Unit Needs to Have “a Role Model”

Jakarta | badilag.net

Not only the buildings and court services that need the role models, but human resources in the judiciary also need role models.

This was insisted by Director General of Badilag, Wahyu Widiana on several occasions when socializing and supervising the preparation to welcome the Quality Assurance Team.

"Every court should have a role model, he or she should not be an official. The most important one is the role model should really be able to be an example for others," Director General of Badilag said.

A role model is defined as the person who serves as an example, whose behavior is emulated by others". Thus, the role model is someone who set an example, his or her behavior is followed by others. In the language of religion, the role model is equivalent to uswatun hasanah which means a good example.

Referring to the Regulation of Minister of the State Apparatus Empowerment No. 53 of 2011 on the Guidelines for Quality Assurance and Guidelines for Monitoring and Evaluation of Bureaucracy Reforms, the role model is the agent of change.

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Badilag Held the Third Arabic Meeting

Wahyu Widiana and Dr. Abdullah bin Hubai al-Sulami, the Director of LIPIA.

Jakarta l Badilag.net
Badilag will hold the third Arabic Meeting on Thursday, April 12, discussing the effect of the amendment of Article 43 paragraph (1) of Marriage Law by the Constitutional Court to the authority of the religious court.

The discussion will be divided into three sessions. The first session nominates Armansyah, Lc. to present a paper titled Ta'dilu l-maddati 43 min qanuni z-zawaji raqm 1 lisanati 1974  wa atsaruhu tijaha tathbiqi sy-syari’ati l-islamiyyah fi l-mahakimi sy-syar’iyyah (The Effects of Changes in Article 43 of Law No. 1/1974 by the Constitutional Court in the application of Islamic law in Religious Court)

In the second session, Dr. Mahmud Hasan Murad (Lecturer of LIPIA, Jakarta) will present his paper titled Itsbaatu n-nasabi min waladi z-zina wa mina –nikahi l-‘urfiyyi fi sy-syari’ati l-islamiyyah (The Determination of Children Born out of Wedlock and out of legitimate marriage in Islamic law perspective). The last session is likely to be more open dialog between the speakers and participants.

Interestingly, as mentioned by Machrus, the chair person of the program, the Arabic Meeting Club will not only hold indoor discussion, but also will have such a visit to LIPIA college, in South Jakarta, with all participants of the discussion. The visit was scheduled to take place at 09.30 to 10.30 am.
The aim of the visit is to strengthen the mutual cooperation between Badilag and LIPIA as well as the relationship between Indonesia and Saudi Arabia in general.

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