When Home is No Longer 'Sweet': Family Violence and Sharia Court-Annexed Mediation in Indonesia
University of South Australia
Fatahillah Abdul Syukur
April 2, 2013
Conflict Resolution Quarterly, Special Issue: Colloquy on Indigenous and Local Conflict Resolution Processes, Vol. 30, No. 3, pp. 271–294, Spring 2013
Sharia court-annexed mediation was first implemented in the Indonesian judiciary system in 2008. The majority of mediators in Sharia courts are male judges who are obligated by civil procedure law to initially settle disputes amicably prior to the litigation process. The authors argue that court-annexed mediation has the potential to be the champion of Indonesian legal reform as it has similar characteristics to musyawarah, the indigenous way of resolving conflicts. However, given the prevalence of violence against women in disputes arising from separation and divorce, mediators must have appropriate awareness, knowledge, skills, and techniques to identify, understand, and handle these cases.
Date posted: April 22, 2013