Ina Parlina, Jakarta – Activists say that the government must establish a family court system to accommodate the rights of women and children that have been ignored by existing religious courts.

Special family courts should be established at the district and appellate level to hear civil proceedings, such as divorce hearings, and criminal cases, such as domestic violence, according to a proposal from the Legal Aid Foundation of the Indonesian Women's Association for Justice (LBH APIK) and the Network of Pro-Women's National Legislation Program (JKP3).

Divorce cases are currently handled by district religious courts, while domestic violence cases are tried by district courts.

"Unlike the existing religious courts, the family court must be a 'problem solving court'," Ratna Batara Munti of the JKP3 recently said. "Not only just by delivering rulings, the court should also be able to give concrete solutions and deliver positive outcomes for all parties involved in the domestic disputes."

Ratna said that patriarchal views still dominate judges on district religious courts in handling divorce cases, which she said had compromised the rights of the women and children.

Meanwhile, Nursyahbani Katjasungkana, national coordinator for the LBH APIK, said the 1974 Marriage Law, has also damaged the rights of women and children. "The law construes marriage based on a patriarchal view, instead of gender equality. The religious courts also adopt similar approach."

Ratna said that it was essential to open family courts to hear divorce and domestic violence case, given the predilection for the victims of domestic violence to avoid criminal court.

"Most of the victims, in this case, the wives, prefer to settle their problems through divorce hearings at the religious court, instead of filing their cases with a criminal court," Ratna said. "They have no energy to go through two procedures. So, we later have some kind of impunity for the violence."

According to the National Commission on Violence Against Women (Komnas Perempuan), 95 percent of 110,468 cases of violence against wives in 2011 ended in divorce hearings in religious court.

Constitutional Court chief justice Akil Mochtar said he would support the proposal, as reforming family law was essential and the new courts would improve access to justice for women and children.

"Our Constitution clearly guarantees the rights of women; therefore, all parties must support the efforts to uphold those rights," Akil said.

Separately, Andi Syamsu Alam, the religious courts chief for the Supreme Court, said he would consider the plan.

"Just give us time, as we are still studying the plan. We are aware that there is a demand to combine the civil and criminal matters here," Andi said.