Rita Pranawati, Rita (2017) CHANGES IN MUSLIM DIVORCE MEDIATION IN INDONESIA: A CASE STUDY OF THE YOGYAKARTA RELIGIOUS COURT. International Journal Of Indonesian Studies, 1 (4). pp. 31-52. ISSN 2203-4692
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Abstract
This article explores the current mediation of Muslim divorce in the Yogyakarta religious court
in Indonesia. In 2008 the Indonesian Supreme Court introduced a regulation requiring that all
courts should adopt a uniform mediation procedure. This study analyses changes in the
mediation process in Yogyakarta since Nakamura conducted the Muslim divorce research in
the 1970s. The research shows that the current mediation process, which is still in a transition
stage, is a more systematic and formal procedure. This change is more appropriate for
educated and middle class clients but not necessarily for the poor, especially poor women.
However, the current system is more concerned about the rights of women and children. The
article considers the implications of the secularisation of mediation in Muslim divorce such as
the change of the administrative supervision of the Religious Court from the Ministry of
Religious Affairs to general court practice under the jurisdiction of the Supreme Court where
previously the judge did not have more roles than the religious leaders. There is also some
tension between the new mediation system and Islamic mediation of the kind practised by
BP4.The certificate mediator requirement has also eliminated the BP4 volunteers who are not
eligible. The article concludes that a specific model of Muslim divorce mediation with suitable
success indicators needs to be developed. It should also involve BP4 to recognise its
experience in this area
| Item Type: | Article |
|---|---|
| Subjects: | BD Speculative Philosophy > BL Religion L Education > LA History of education |
| Depositing User: | admin repository uhamka |
| Date Deposited: | 14 Nov 2017 12:08 |
| Last Modified: | 14 Nov 2017 12:08 |
| URI: | http://repository.uhamka.ac.id/id/eprint/364 |
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