There are many paths that can be taken in enforcing the law. One way is to take the path of mediation. This pathway was, although it has long been recognized, but not too popular in everyday legal practice. In fact, with the mediation path, it allows the parties to the conflict for mutual benefit.
Thus, at least the core of the exposure to Chief Justice of the Constitutional Court, Moh.Mahfud MD as a Keynote Speaker in the Society meetings Eka Tjipta Mediator Foundation (ETF) - Indonesia Mediation Board (noodle), Wednesday (18/4) at the Plaza BII, Jakarta. According to Mahfud, mediation is more open space for peace. And actually, the law was aimed at creating peace.
"If no court can give you peace, then it’s better," said Mahfud. "Peace is much more important."
According to Mahfud, actually giving sentencing or settlement of disputes through the courts is the last door. "Not all cases it should be brought to court," he said. Path was taken by the court, if the problem is quite severe and complicated.
Mediation, is important because it is more focused on its utility. Because there, there was ‘negotiating’ the interests of the parties. Of the negotiations then led to a win-win solution that is more beneficial for all parties. At least there are three principles that must be held in enforcing the law, namely: certainty, fairness, and expediency. "Mediation can provide all three," said Mahfud front of the participants in attendance. Mediation is one of the implementation of restorative justice.
Unfortunately, Mahfud said, pretty much in the field of law enforcement (especially lawyers) are even ‘allergic’ to the path of this mediation. Even lawyers often advised his client to litigants through the court alone. He reveals, first in villages prefer the peace. "Now, even more frequent litigants (in court)," he said. For example, there is a child who brings an action against the parents for taking her garden produce.
After giving his keynote speech, Mahfud receive souvenirs and plaques of peyelenggara event. The plaque presented by the Chairman of ETF Mr G. Sulistiyono. In addition, there were also looking for the World Bank Regional Mediator Lee Raymond, Chairman of Mediation Indonesia Susanti Adi Nugroho, and Board Member of Sinar Mas Franky O. Widjaja. At the same time, Mahfud also have time to do questions and answers with participants. (Dodi / mh/Yazid.tr)
Wednesday, April 18, 2012 | 19:23 WIB 181