I have previously bagged the Campus Asia magazine, which is part of the Globe Asia stable, and will probably bag it again. However, this time I am writing to congratulate them for recognizing the Universitas Pelita Harapan Philip C. Jessup International Law Mooting Competition Team (cover photo sans their coach!).
The UPH team (James, Pricilla, Johan, and Nenda) achieved an excellent result in the competition. They placed 13th out of more than 500 teams who competed.
They worked very hard and deserve all the recognition that they get. On a personal note, as their coach it seems that I deserved some recognition as well. I must say that I do not do it for the recognition. In fact, I do it to shape the future. I know that I have played an integral part in shaping the next generation of Indonesian advocates. And, it is always pleasing to see the students far exceed the master.
Having judged and coached mooters from all over Indonesia over the last eight years, I am confident in saying that the future of Indonesian law is bright. I know that some of my colleagues do not share my confidence, but let me assure you that I am right!
The beauty of being an educator is that we get to shape the next generation. Educators may very well be under-appreciated and under-respected in terms of salary and other things, but it is we who will have the last laugh.
To my team, and once again, congratulations! You deserve the rewards that you have reaped to date and will continue to reap as former mooters (and for some of you current mooters). And, I am enjoying the iPod...thanks!
21 comments:
Your welcome, Rob. You are an exceptional coach so I guess we won't be there without your help.
Btw, ILSA had send the plaque and at their email, they say the hope to see some of us next year. I hope it will be a good sign.
great work as I said before. But how about opening up a very important debate "what is a legally binding contract worth in Indonesia"? this one wont be going away anytime soon..
what do we know about the case law of contracts in this civil law country...legal certainty??
see any newspaper any day this week
Merpati
MacD
ambalat
astro
divorce cases
and so on
Calupict...
Thanks for the kind words. I am sure UPH will be fine in the coming competition as there is now a strong and experienced knowledge and skills base. So, there is no reason why UPH cannot do exceptionally well in the future.
May the plaque be the first of many.
Lawcil...
Kind of like a free online legal opinion that is not really a legal opinion?
I would be interested to know who you are in real life, as I think it would add some context to the questions and any responses that I make.
Is this related to a contract that you have and are having problems with?
Are we discussing written or oral contracts? Are we discussing illegality within the contract (that is the terms breach some existing law or regulation)? Are we discussing a valid contract that then is voided through the legal process? Or are we simply talking about a contract that one believes to be valid but whose employer ignores?
There is legal certainty in Indonesia. Although, that is sometimes a concept that is relative.
I am a law teacher in Jakarta.
I think what I am getting at is this..
At the heart of all relationships is the notion of promise. The common law (and other legal systems) has a grand history in trying to provide fair solutions for matters arising from these exchanges. I suspect that we all know that even this long history does not begin to provide remedies for the range of promise-problems that arise in these times (and in the past as well). In fact the notion of a binding promise, I suspect, is fast becoming outdated.
The case law does not reflect the complexities of new arrangements and so on. It does not fit Asian societies too well it might be said - though the common law of HK,Malaysia, S'pre seem to manage.
What I am asking you as a blogger is not to be a source of advice, but to use recent cases here (not stuff like the circumcision debate - however interesting)to probe issues of promise-fairness and the courts role or undoing in this.
Pick a case is what I am suggesting and follow it through - set up a blog court - is the merpati contract enforceable (with corruption)and so on..
By the way, you might even want to inform about how (in general terms) you reach a fair solution to getting your son cut or not - one day - and what you would do if one day he sues you?
Lawcillly...
Oh yeah! Where do you teach (or would that give it away)?
I do that as part of my employment with HOL. Unfortunately, for people who have not yet seen the light and become subscribers, my writings are available to a select few.
Sometimes, I will post what I might have written for work on the blog. However, they are generally news pieces that are freely available anyways by going to the site.
I might take you up on the Merpati challenge (although it will be a couple of days to a week, and the operative word is might). However, now that I am based in Australia I will need to work a little harder to get all of the documents and talk to the "right" people.
My blog is really a tool to amuse myself as much as it is a means of discussing and debating legal issues of importance. And, in that regard circumcision is a topic on my mind.
pls note I am not a lawyer. Leave it at that.
I also dont mean to give you a "job" to do.
I am more interested in fomenting debate about dispute resolution. I guess I am one of a few disappointed people who regret not hearing about how disputes are resolved.
I will be back
Lawbill...
Have we ever met? If we have, I am not sure that it helps me know who you are but it would give me something to contemplate besides promises in contract law :D
We have never met butI have spotted you from time to time. That's of slightly more consequence to me than you Id say, but not a real lot in either case.
Obviously I know you also from your blog, which I appreciate.
I see that you attract readers who like to give opinions among other things.
I realise you like to have a bit of fun so I cant have it all my own way. Blogging however may reveal some of the complexity, motivation and conviction of humane and not so humane, dare i say it, promises; which I enjoy.
Did you pick up this reference today in Ackland?
http://remix.lessig.org/
Lawgull...
Ahhh, you're not a lawyer but you teach law. What do you teach? I am not guessing either way on contracts.
You have seen me round? Just like I thought not much help to me :D
Why the interest in contracts and promises and the how to's of Indonesian law?
You could always start your own blog, if you have not already, and answer the big questions (or at least pose them). You could let me know where to find your blog and then I could come around and comment on your posts...
Yes, I have seen the link.
Bush lawyer. The reason I pick on mutual promises (contracts) is that I read somewhere that they are the basis of doing business - which is what all neo-libs do - and the basis of happy personal relationships I dare say - so they sound pretty important to me. Their health, I propose, would indicate something of the health of the society?? or is this drawing a long bow??
Law Bull...
Oh no, the neo-libs!
I don't know that I would be judging the health, or lack thereof, of the Indonesian community on the enforceability of contracts. However, that said, it would make an interesting debate / discussion.
Hi Rob,
As a matter of fact, I will give most of the credits back to you!
You're the one who'd been coaching us for the last two years. Enduring some insult from people when we're not doing so well due to the consequences of our own laziness.
CampusAsia even failed to put in names into the articles when I have emphasized how the results really came up that way because we had an amazing coach, and that's exactly what INdonesia will need if they really want to do well in the international arena. I think CampusAsia is simply interested in doing publicity of its own group and the univ, while ignoring most of other contributing factors to the success.
Thank you for writing about us in your blog. I feel honored. :) surely this is not another "Indonesian basa-basi" yah, seriously. ;)
Not so much the enforceability eg no consideration required or the voidability etc, but the quality of the contracts and the grounds for breach and particularly the reasoning for the remedies
James...
This is why I have ragged on Campus Asia in the past. It is nothing but gratuitous propaganda tool of the Lippo Group and the Pelita Harapan Foundation. Yet, there are plenty of media outlets who do the same. FNC comes to mind.
UPH is a good university in terms of facilities and it has some good teaching staff as well. The Pelita Harapan Foundation does good work.
I am glad that they recognized the team's achievement and put your photo on the cover. I noticed that your names weren't there. However, I did tell you that the University and the Riady's would milk your success for all it was worth.
You have brought recognition to UPH through your success. Hopefully, UPH will continue to recognize the success of the team.
I have some reservations though on whether the faculty and the university have a long-term plan to capitalize and develop the mooting program.
We have talked many times about this and you are already aware of my concerns, so there is no need to voice them again here.
How are things going over there in the West? I notice from FB that you have plenty of WTO questions :D
Good luck with it all.
Lawry...
Maybe I need to make the post so that these comments can be moved over there.
If we are looking at Merpati, for example, then I would argue that there was consideration. I have not delved deep enough into it yet. However, the preliminary reading that I have done suggests that there was a negotiation and terms were agreed.
My understanding is that there is a written contract and it includes clause for the purposes of voiding the contract. I am guessing aside from the obligatory force majeure provisions, there are also fit for purpose and other specification type minimum standards.
I have the impression that Merpati is going to argue that the planes they received to date are not fit for purpose and this entitles them to void the contract.
There is also talk of this going to arbitration in Singapore. Both parties are talking about this, so I figure that the dispute resolution clauses include an arbitration clause and a choice of jurisdiction / forum.
Then the dispute comes down to issues of fact and these will be decided in arbitration.
What will be interesting is if the arbitration, assuming it takes place, ends in favour of the Chinese company. This is because foreign arbitral awards must be signed off on by the Central Jakarta District Court (as I recall).
As I said, I might make the post.
hey well done - my students will value your opinions. I know this is not a sexy topic. I also note with the Astro decision in Singapore (arbitrated) this is where the fun began!! Can (asian) parties ever agree with the umpire??
lawarb...
preliminary thoughts only :D
The law governing electronic transmissions, under which housewife Prita Mulyasari was charged for e-mailing a complaint about her treatment by a hospital, should not be used in isolation when considering defamation cases, a Supreme Court deputy chief justice said on Friday.
Abdul Kadir Mappong said other laws must be taken into account, including the Human Rights Law............
what a pickle!! check story in Globe should it suit..
Lawlunch...
It is interesting that a Supreme Court judge is speaking out in this way.
The questions that arise are:
1. Is he speaking on behalf of the Court?
2. Is he suggesting that if the matter comes before the Court on appeal that they, the Court, will decide in a particular way?
3. Does the human rights law hold primacy over all other laws?
4. Is he suggesting that the Constitutional Court needs to revisit this issue and decide the validity of Article 27 based on human rights consideration?
5. Why can't the ITE law be used in isolation when the alleged breach of the provision by Prita can be argued within the context of that particular law?
This has always been an issue. The overlap between the Criminal Code and the ITE Law. Simply, the ITE Law provides for more severe penalties. So, if you are a public prosecutor why wouldn't you go for the more substantial penalties?
The Prita case is an interesting one as well. I have not written on it yet. So, many others already have, and I am a little lazy.
This can't really have effect, I think like this.
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