Audience of Delegation of Women and Community Empowerment Board of Provincial Government of Yogyakarta with The Chairman of PTA Yogyakarta

Yogyakarta, PTA-yogyakarta.go.id (Tuesday, 31/08/10) – Divorce that often brings negative impact for women and children had encouraged Women and Community Empowerment Board (BPPM) of The Provincial Government of Yogyakarta Special Region, to make a visit to Yogyakarta High Religious Court (PTA Yogyakarta) in order of hearings with the Chairman of PTA Yogyakarta.

The purpose of hearings was to determine more closely about the proceedings on the Religious Courts under the jurisdiction of Yogyakarta High Religious Court related to the problem of violence victim on women and children which is pursued through legal channels and the possibility of litigants costs for individuals less able such JAMKESNAS assistance in the field of health.

The delegation from the BPPM that consisted of six people were received personally by the Chairman of PTA Yogyakarta, Drs. H. Syarhuddin Ahmad, SH., MH. in his office at 8:30 pm. Also attending the meeting, High Judge, Drs. Qomaruddin Mudzakir, SH., Public Relations Official of PTA Yogyakarta Drs. H. R. Mansur, and the Deputy Registrar, Sujarwo, SH.

Ahmad Syarhuddin explained that the task of Religious Court is indeed to resolve the family law cases. He recognized that divorce often brings negative impacts for the wives and children, but the divorce itself serves as the last door in solving family problems in a marriage if it raises a larger madharat (disadvantages).

Described also based on the statistics of divorce cases decided by Religious Court across Yogyakarta Special Province year 2009 there were 3454 cases of divorces in the province with a various cause factors, namely one of them was the problem of domestic violence (physical harming).

For people who are less able in fighting for their rights in the court they may file procedures freely (pro bono). Posbakum (legal aid posts) are currently formulated in the central level comprising, among others, the court fees of pro bono and the circuit courts.

He also explained that the divorce itself is not the only way to solve the case in Religious Court. In the process, in Religious Court, based on The Supreme Court’s Rule (Perma) number I of 2008, before examining civil cases the judge must give opportunity to the parties to conduct the mediation process.

While High Judge of PTA Yogyakarta, Drs. H. Qomaruddin Mudzakir, SH added that there is a principle of civil law, that judge is not allowed to decide out of that requested by the parties. But he said also that where there is a principle, there is also an exception. If entering the public sphere, although civil in nature, by the authority of the judge based on his position (ex officio), he/she can decide what is not requested.

According to Qomaruddin, Judge is given the mandate by the law to be able to give rights to the wife although not requested. According to him, applying the law depends much on the people who drives it. And in this case, Judges in the Religious Courts in performing their duties under the laws also try to pay attention to the interests of women and children.

In conjunction with one of the BPPM’s tasks with respect to the protection of women and children of divorce victims, the Chairman of PTA Yogyakarta recommended BPPM’s members to have training to gain mediator certificates so they can be mediators in court.

"As the mediators in court, the BPPM’s members will be actors who can play more in touching the interests of women in divorce cases," said Ahmad Syarhuddin.

Within a half hour meeting, the delegation of BPPM obtained much the glance on proceedings in the Religious Court and at once got answers about the issues surrounding the authority of Religious Court. At the end of the meeting, a representative hoped that the settlement of domestic violence can be an authority of Religious Court. That was based on her experience in the legal aid organization that often accompanies women litigants in court, she concluded that judges in Religious Court already use their consciences in deciding the cases.

In response thereto, Chairman of PTA Yogyakarta said that Religious Court only resolves cases limited to the jurisdiction given by the laws. According to him, any mandates given by the laws The Religious Court is always ready to perform they, while he gave an example of Islamic bank dispute settlement authority who recently became the authority of Religious Court. (Jauhari)