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When Home is No Longer 'Sweet': Family Violence and Sharia Court-Annexed Mediation in Indonesia

Conflict Resolution Quarterly, Special Issue: Colloquy on Indigenous and Local Conflict Resolution Processes, Vol. 30, No. 3, pp. 271–294, Spring 2013

Posted: 22 Apr 2013  

Dale Bagshaw

University of South Australia

Fatahillah Abdul Syukur

Independent

Date Written: April 2, 2013

Abstract

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.

Suggested Citation

Bagshaw, Dale and Syukur, Fatahillah Abdul, When Home is No Longer 'Sweet': Family Violence and Sharia Court-Annexed Mediation in Indonesia (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. Available at SSRN: https://ssrn.com/abstract=2254753

Dale Bagshaw (Contact Author)

University of South Australia ( email )

GPO BOX 2471
ADELAIDE, South Australia 5001
Australia

Fatahillah Abdul Syukur

Independent ( email )

No Address Available

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