Women’s Position in Mediating Family Disputes in Indonesia
- June 21, 2021
- Posted by: rsispostadmin
- Categories: IJRISS, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue V, May 2021 | ISSN 2454–6186
Women’s Position in Mediating Family Disputes in Indonesia
Fatahillah Abdul Syukur
Faculty of Law, Universitas Pancasila, Jakarta, 12630, Indonesia
Abstract: Patriarchal culture Indonesia in Indonesia has influenced many aspects of life, including the way of resolving family disputes in the judicial system. The patriarchal mindset is also assumed by most judges (men and women) in the Indonesian courts. This paper aims to critically examine the position of women in mediating family disputes in the Indonesian court-annexed mediation and how patriarchal values influence the conflict resolution processes and outcomes for all parties, particularly women. The studies were taken in two provinces of Indonesia, West Java and West Sumatra.
Keywords: Court-annexed mediation, gender, patriarchal culture, Indonesia.
I.INTRODUCTION
Indonesia has been trying to mainstream gender issues in all aspects of life after its independence in 1945. In 1946, the biggest Islamic organisation, Nahdhatul Ulama (revival of Islamic scholars – commonly abbreviated as NU) established Muslimat NU (Muslim women organisation of NU) as its wing to support women’s social needs and education. The second largest organisation, Muhammmadiyah (followers of Prophet Muhammad) established Aissyiah (Muslim women organisation of Muhammadiyah) to cater for the same purpose.
Oey-Gardiner argues that Indonesian women are unaware of their rights because of their less favourable sociocultural backgrounds and men’s ignorance of the impimportance of women’s involvement in policy making [1].
The author analyses the position of women in mediating family disputes in the Indonesian court-annexed mediation and how patriarchal values influence the conflict resolution processes and outcomes for all parties, particularly women.
This paper partly derived from the research conducted by the author together with the Indonesian Supreme Court’s Working Group on Mediation. The role of patriarchal culture was evident in that monitored and evaluated the court-annexed mediation implementation in collaboration with the Sustain
