CHANGES IN MUSLIM DIVORCE MEDIATION IN INDONESIA: A CASE STUDY OF THE YOGYAKARTA RELIGIOUS COURT

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 are