Gender, power, and court‐annexed mediation in Indonesia

AuthorFatahillah Abdul Syukur,Dale Bagshaw
Published date01 June 2020
Date01 June 2020
Gender, power, and court-annexed mediation in
Fatahillah Abdul Syukur
| Dale Bagshaw
Faculty of Law, Universitas Pancasila,
South Jakarta, Indonesia
School of Psychology, Social Work &
Social Policy, University of South
Australia, Adelaide, Australia
Fatahillah Abdul Syukur, Faculty of Law,
Universitas Pancasila, South Jakarta,
Certification trainings for court-annexed mediators
have been conducted in Indonesia since 2003; however,
the curriculum fails to include domestic and family vio-
lence and the impacts of gender and the abuse of power
on women and children, which are crucial in a patriar-
chal country such as Indonesia. The authors contend
that it is imperative to include these topics in the cur-
riculum to raise mediators' awareness of the influence
of patriarchy, on themselves and the disputants and on
the process and outcomes for women and children. The
authors assess the development and training of court
annexed mediators in Indonesia and recommend
changes to the current certification training curricu-
lum, the development of national competency stan-
dards and a code of ethics and funding for research.
Women in Indonesia have long been thought to have higher status in the community than
women in other countries in Southeast Asia (Atkinson & Errington, 1990; Blackburn, 2001).
Women have been involved in the community in a variety of fields, such as trade, ambassado-
rial affairs and as rulers (Saptari, 2000). The constitution of Indonesia recognizes that men and
women have equal rights, including the right to vote and to become elected public officials.
However, in practice most women are still under the domination of men in almost every aspect
of life (Koning, Nolten, Rodenburg, & Saptari, 2013), in particular in the private, domestic
In this paper we analyze the training curriculum for court-annexed mediators in Indonesia
in relation to content on family violence and the impact of dominant gendered discourses and
the abuse of power and argue that there is a need to raise mediators' and trainers' awareness of
the influence of patriarchy and dominant social and cultural constructions of gender (masculin-
ity and femininity) on themselves and the disputants and on the fairness of the process and out-
comes for women and children.
Received: 30 July 2019 Revised: 24 December 2019 Accepted: 25 January 2020
DOI: 10.1002/crq.21277
Conflict Resolution Quarterly. 2020;37:277288. © 2020 Wiley Periodicals, Inc. 277

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