BP4 Case Study

Position of BP4 D.I. Yogyakarta in performing court-annexed mediation has been recognized through Memorandum of Understanding, nevertheless its revitalization proceeded very slow. The main problem in this condition is the existence of financial and human resource difficulties BP4D.I. Yogyakarta has been trying to find a solution to this problems through cooperation with various parties, including the Local Government and Local Religious Court, in the following forms:.

a. Cooperation in the placement of certified mediator from BP4
In the beginning of the revitalization, many question the capability of BP4 member in performing court-annexed mediation. Referring to Supreme Court Regulation, becoming an in court-mediator needs aMediator Certificate
Procedural law in Religious Court in particular, also has specific provisions that are not regulated in the General Civil procedure law,for example, the provision of appointment of Hakam. In religious Court, for the divorce filed based on the reason of syiqaq,itneeds an additional step in trial, which is the judge may appoint a third party from the family of husband or wife, for being a hakam, to assist the judge finding an internal solution to defend marriage from divorce. This additional procedure is actually the implementation of basic principle in islamic marriage law, which sometimeslacks the understanding aboutIslamic law. While most of the member of BP4 have an Islamic educational background, this kind of specifications will be easily applied in the mediation process. Mediator from BP4 has a vision to always defend the marriage and prevent the divorce at any cost. When he being a mediator in marital dispute, mediator from BP4 always tryies their best efforts in finding a solution to make the husband and wife reunited and cancel their
Yogyakarta on the implementation of the court-annexed mediation conducted by mediators from BP4, that mediation by certified mediator from BP4 particularly effective in resolving the marital dispute. In some cases assisted by a certified mediator from BP4, all parties were successfully reconciled without taking their cases into the trial. One of the factors that led to this success is their deep knowledge about basic legal principles of Islamic law as previously mentioned.Furthermore, it is also reinforced by their consistency in doing best efforts to encourage the parties at reaching their amicable settlement. Comparing to the same mediation conducted by a judge, judges in Religious Court in general only held onetime-mediation without any further assitance to help the couple finding their internal solutions. The number of cases that must be resolved in trial along with the deadlines of each cases is the reason why the judges do not have enough time to organize the sufficient mediation process through multiple stages of mediation. As a results, most cases failed to reach any agreement.