Risky, if Mediator never Learn Mediation

Jakarta l Badilag.net

In a session of workshop on mediation held by Badilag in Jakarta (20/3/2012), one of the guest speakers, Prof. Takdir Rahmadi, who is also justice at the Supreme Court, warned the risk of a mediation facilitated by a person who never learns mediation. Prof. Takdir is concern if the mediator never learned, he might secretly perpetuate injustice.

Prof. Takdir gave an example of divorce mediation, where the parties are not equal. For example, the husband is a rich while his wife is just a housewife. If such a case is mediated by a mediator who has no skill or does not adhere to the code of conduct, the injustice could potentially occur. Because mediation is naturally closed, so there is no control from the public.

Quoting Perma 1/2008, Prof. Takdir confirmed that mediator should be certified. This is to prove that the mediator has studied and learned mediation. However, the study of mediation should not be reached in any place as the certificate should not be issued by any institution.

According to Takdir, the Supreme Court already has a list of accredited institutions where the certificates of their mediation training and education are recognized. The current number of certified mediator is nothing compared to the demand of Perma 1/2008 which requires almost all civil cases should be mediated prior to litigation process.

Supported by FCoA, Badilag Holds a Workshop on Mediation

Jakarta l Badilag.net

The Directorate General of the Religious Courts holds a workshop on mediation in Jakarta from 20 to 22 of March 2012. This workshop is one implementation of the cooperation between the Supreme Court of Indonesia and the Family Court of Australia which was signed last year. It is facilitated by Australia Indonesia Partnership for Justice (AIPJ).

This workshop is attended by 30 judges and they represent each High Religious Courts throughout Indonesia.

“I do believe all participants will get many advantages from this workshop and they will be the expert mediators,” the Director General of the Religious Courts, Wahyu Widiana said while opening the workshop, Tuesday morning (20/3/2012).

Wahyu Widiana said thtat mediation is very urgent in delivering excellent service to justice seekers. But, unfortunately, mediation does not work very well in the Religious Courts.

Mediation in some countries such as America, Australia and Japan had succeeded in settling family disputes, whereas in the Religious Courts it mostly failed.

Talu Religious Court and Surabaya High Religious Court, the Most Ready for Automation

Jakarta | Badilag.net

There are five courts among the four judicatures, either at first instance or appeal court, which are assessed to be the most ready for automation. The five courts respectively are Military Court of Bandung, Religious Court of Talu, Religious Court of Kotabaru, Religious Court of Magelang, and Religious Court of Bengkayang.

Those were declared by the Hon. Suhadi in Jakarta last week when explained the result of the Survey on the Court Readiness for Automation.
“The courts with the highest scores would be the pilot project for the implementation of automation.” The Hon. Suhadi said.

The survey was conducted to all of the courts, either first instance or appeal courts, throughout Indonesia. The number of the courts surveyed are about 808 units.

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HISSI Held Seminar on Inheritance and Shariah Economic

Jakarta | badilag.net

The Association of Shariah Scientist and Scholar of Indonesia (HISSI) held a one day seminar on the oppotunities and challenges of the legislation of material laws of the religious court in the field of inheritance and shariah economic on Thursday (03/15/2012).

As the member of supervisory board, Wahyu Widiana was asked to open the seminar which was held in the auditorium of Prof. Dr. Harun Nasution, State University of Islamic Studies, Ciputat.

“The seminar is held regarding to the 4th anniversary of HISSI.” Wahyu Widiana said in front of the participants of the seminar consisted of the academicians and the practitioners of shariah, include some leaders of religious court and high religious court.

Meanwhile the speakers of the seminar were Prof. Otje Salman, Prof. Rifyal Ka’bah, Prof. Erman Radjagukguk, Prof. Amin Summa, Prof. Vetsal Rifa’i and the former Vice Chief Justice of the Supreme Court, Taufik.