After he was arrested in Colombia several months ago, Nazaruddin told the Commission for Eradication of Corruption (KPK) that there were some top officials in President SBY's Democrat Party who were involved with him in the alleged Athlete Housing Bribery and other Corruption cases.
Among the names mentioned were Democrat Party Chief Anas Urbaningrum and Deputy Secretary General Angelina Sondakh a.k.a Angie the Miss Indonesia 2001.
Based on this revelation, politicians and the news media urged KPK to immediately investigations on those persons. So, on 3 February 2012, KPK announced Angie as a Suspect based the Anti-Corruption Law.
After that KPK focused on prosecuting Nazaruddin to the Court, and did not seem to take further actions on Angie and the others, which angered politicians.
Last Friday, 27 April 2012, the KPK finally arrested Angie. Suara Karya quoted KPK Spokesman Johan Budi as saying that Angie is arrested for alleged corruption in the Ministry of Education, and she will remain in its custody for 20 days.
Kompas reported that Angie's lawyer Teuku Nasrullah protested the arrest because KPK only issued Investigation Order after the arrest, while actually it should be done before it named Angie as a Suspect more than 2 months ago.
I hope that the arrest of Angie is purely based on legal grounds as stated by KPK, and not merely because of pressures from the news media and politicians.
Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts
Sunday, April 29, 2012
Wednesday, August 17, 2011
Nazaruddin is Not a Hero
One thing I like about today's celebration of Independence Day is that most of the mass media are not reporting about the Nazaruddin case for the time being.
This is good for me because I am beginning to be bored at the behaviors of politicians who tried to build public opinion as if Nazaruddin is a hero and the law enforcement agency, especially the Corruption Eradication Commission (KPK) is evil.
While actually KPK has named Nazaruddin as Suspect in corruption cases including the misuse of fund for development of athlete building in Palembang, South Sumatera, who ran away to other countries, and was caught by the Interpol in Columbia. who later on hand him over to our law enforcement agencies.
First there was the lawyer OC Kaligis who was very angry because he failed to get asylum for Nazaruddin in Colombia therefore he should be returned to Indonesia. Besides, O.C Kaligis was also angry because he was not allowed to accompany Nazaruddin during the flight from Colombia to Jakarta.
I can understand why he is angry because as a lawyer he has been paid to do his very best to defend his client, but to advise him to take asylum in Colombia (and evade Indonesian laws) ?
However, I agree that Nazaruddin should be accompanied by a lawyer during the 38 hours flight.
Then there was the members of the House of Representatives who forcefully entered the Mobile Brigade Headquarters where Nazaruddin is detained.even though not during visiting hours.
Due his his status a member of the House of Representatives has not been revoked, other member may visit him, but should honor the regulation at the place of detention.
Then there was those politicians who demand that Nazaruddin should be protected by the Witness and Victim Protection Institution, which is unreasonable because Nazaruddin is neither a Witness nor a Victim, but a Suspect.
Considering the above, I hope that KPK would always treat Nazaruddin according to the laws and regulations.
This is good for me because I am beginning to be bored at the behaviors of politicians who tried to build public opinion as if Nazaruddin is a hero and the law enforcement agency, especially the Corruption Eradication Commission (KPK) is evil.
While actually KPK has named Nazaruddin as Suspect in corruption cases including the misuse of fund for development of athlete building in Palembang, South Sumatera, who ran away to other countries, and was caught by the Interpol in Columbia. who later on hand him over to our law enforcement agencies.
First there was the lawyer OC Kaligis who was very angry because he failed to get asylum for Nazaruddin in Colombia therefore he should be returned to Indonesia. Besides, O.C Kaligis was also angry because he was not allowed to accompany Nazaruddin during the flight from Colombia to Jakarta.
I can understand why he is angry because as a lawyer he has been paid to do his very best to defend his client, but to advise him to take asylum in Colombia (and evade Indonesian laws) ?
However, I agree that Nazaruddin should be accompanied by a lawyer during the 38 hours flight.
Then there was the members of the House of Representatives who forcefully entered the Mobile Brigade Headquarters where Nazaruddin is detained.even though not during visiting hours.
Due his his status a member of the House of Representatives has not been revoked, other member may visit him, but should honor the regulation at the place of detention.
Then there was those politicians who demand that Nazaruddin should be protected by the Witness and Victim Protection Institution, which is unreasonable because Nazaruddin is neither a Witness nor a Victim, but a Suspect.
Considering the above, I hope that KPK would always treat Nazaruddin according to the laws and regulations.
Monday, June 6, 2011
The Currency Law
On 31 May 2011, the House of Representatives has enacted the Currency Law.
According to Hukum Online, this Law's Article 21 (1) stipulated that business transactions carried out within the territory of the Republic of Indonesia should use the Rupiah currency. And Article 33 stipulated that violation of this Law would be a Crime that can be punished with a maximum fine of Rp 200 Million, or one year imprisonment.
However, Article 21(2) stipulated that the obligation to use Rupiah does not apply to transactions within the framework of the implementation of state budget revenues and expenditures, receipts or grants from or to foreign countries; international trade transactions; deposits in banks in the form of foreign exchange, or transactions international payments.
Some Lawyers have protested against this new Law, saying that the Lawyer profession has a trans-border scope of activities therefore it is very likely they would use foreign currency.
According to Infobanknews this Law will be valid starting 17 August 2014.
Considering that we still have more than two years before the new Law becomes valid, any businesses that used foreign currencies, including Lawyers etc, should prepare adapting themselves with this new Law.
Sunday, September 26, 2010
Can we have a Single Bar Association ?
For many years lawyers in Indonesia have been trying to establish a strong and powerful Bar Association which will have authority on every lawyers here and therefore gain more respect from the people as potential clients, the Police, Prosecutors, the Courts of Law as well as the government.
But unfortunately, those efforts have always been fruitless, because there were always some lawyers who, for their own reasons, do not seem to agree with the idea of a single Bar Association.
This can be seen from the shameful incidence that took place during swearing-in ceremony of new members of PERADI (Indonesian Bar Association) at a five star hotel in Jakarta last week.
In this regards, I would like to share an interesting post written by Rob Baiton, former English Editor of Indonesian law portal HukumOnline (below), on his blog : therabexperience.blogspot.com.
Sometimes it is not the law in Indonesia that is the "ass" but the lawyers themselves!
I must add, I know a lot of Indonesian lawyers (maybe more than I will ever need to) and the thought of them standing toe-to-toe and slugging it out with their fellow lawyers is something I find mildly amusing. It brings a smile to my face for reasons I cannot properly explain, but just the thought of these upstanding citizens slugging it out....arghhhhhhhhhhh!
The law in Indonesia demands that there is a unified and single bar in Indonesia. This is designed to ensure that there is some degree of consistency and uniformity in the way that Indonesian advocates are certified and come to practice. After the enactment of the Advocates Law back in 2003, this is PERADI (Indonesian Bar Association). PERADI was set up in 2005.
PERADI is inherently infused with politics, some of them personal, and as such it was a no-brainer to expect that sooner or later, and probably sooner, that things would start to heat up around the fringes and then start to unravel, probably in increasingly ugly ways. And, they did. The reality was that the birthing of a new organisation from eight rival bar associations where those eight bar associations were not wound up and dissolved completely meant that simmering tension would remain.
A lot of what has transpired most recently is unbecoming for a professional bar association; it is an embarrassment to all involved. However, the events of today that has seemingly seen lawyers come to blows and the police get involved is a low-point that even some of the more seasoned lawyers might not have thought they would get to see. Some of the scenes were allegedly reminiscent of scenes more likely to be scene in a Taiwanese parliament than at an advocate swearing-in ceremony in a five-star hotel, the Gran Melia, in Jakarta.
Nevertheless, this is what happened when the more recently formed Indonesian Advocates Congress (KAI) turned up at the hotel to protest the swearing-in of the new PERADI advocates by the Chief Justice of the Supreme Court of Indonesia. KAI believes that it is the legitimate organisation to represent the interests of Indonesian advocates. This is based on an argument that PERADI from its inception has been legally flawed. However, this would not seem to be the case in the strictest of legal senses because in a Constitution Court decision from 2006 the Court states that PERADI is the one.
It might be time for the KAI to either suck it up and get on with life under PERADI or continue to pursue ever-dwindling legal options to overturn the PERADI monopoly on certificating Indonesian advocates practicing in Indonesian courts. It is time that KAI recognised, whether it wants to or not, that the Supreme Court has issued a Circular which is explicit in stating that KAI affiliated lawyers cannot practice in court until they have satisfied the PERADI requirements for certification. This Circular was hotly contested by KAI, but it only resulted in a mediated deal that still requires the establishment of a single bar association by 2012.
It really does not matter what the single bar association is called; PERADI, KAI or AA (Advocates Anonymous -- AA considering it is a bar association). What matters is that a unified bar can be formed. This will require a commitment to disbanding all rival associations and congresses once a unified bar can be agreed to. This process is not going to be an easy one; too many personalities and too much politicking, but it has to be done.
In many respects, the future of the Indonesian legal system demands that there is stability and that there is uniformity in the certification process for lawyers. This is necessary, of for no other reason, to ensure the rights of those who enter the Indonesian legal system to seek justice for themselves or those that they represent.
Two rival advocate associations coming to blows in a five-star hotel is an embarrassment on a grand scale. Shame on you all!
Shame, shame, shame.
(The photo is apparently from twitter and comes via here)
But unfortunately, those efforts have always been fruitless, because there were always some lawyers who, for their own reasons, do not seem to agree with the idea of a single Bar Association.
This can be seen from the shameful incidence that took place during swearing-in ceremony of new members of PERADI (Indonesian Bar Association) at a five star hotel in Jakarta last week.
In this regards, I would like to share an interesting post written by Rob Baiton, former English Editor of Indonesian law portal HukumOnline (below), on his blog : therabexperience.blogspot.com.
A Single Bar Association for Indonesia -- No Way!
I must add, I know a lot of Indonesian lawyers (maybe more than I will ever need to) and the thought of them standing toe-to-toe and slugging it out with their fellow lawyers is something I find mildly amusing. It brings a smile to my face for reasons I cannot properly explain, but just the thought of these upstanding citizens slugging it out....arghhhhhhhhhhh!
The law in Indonesia demands that there is a unified and single bar in Indonesia. This is designed to ensure that there is some degree of consistency and uniformity in the way that Indonesian advocates are certified and come to practice. After the enactment of the Advocates Law back in 2003, this is PERADI (Indonesian Bar Association). PERADI was set up in 2005.
PERADI is inherently infused with politics, some of them personal, and as such it was a no-brainer to expect that sooner or later, and probably sooner, that things would start to heat up around the fringes and then start to unravel, probably in increasingly ugly ways. And, they did. The reality was that the birthing of a new organisation from eight rival bar associations where those eight bar associations were not wound up and dissolved completely meant that simmering tension would remain.
A lot of what has transpired most recently is unbecoming for a professional bar association; it is an embarrassment to all involved. However, the events of today that has seemingly seen lawyers come to blows and the police get involved is a low-point that even some of the more seasoned lawyers might not have thought they would get to see. Some of the scenes were allegedly reminiscent of scenes more likely to be scene in a Taiwanese parliament than at an advocate swearing-in ceremony in a five-star hotel, the Gran Melia, in Jakarta.
Nevertheless, this is what happened when the more recently formed Indonesian Advocates Congress (KAI) turned up at the hotel to protest the swearing-in of the new PERADI advocates by the Chief Justice of the Supreme Court of Indonesia. KAI believes that it is the legitimate organisation to represent the interests of Indonesian advocates. This is based on an argument that PERADI from its inception has been legally flawed. However, this would not seem to be the case in the strictest of legal senses because in a Constitution Court decision from 2006 the Court states that PERADI is the one.
It might be time for the KAI to either suck it up and get on with life under PERADI or continue to pursue ever-dwindling legal options to overturn the PERADI monopoly on certificating Indonesian advocates practicing in Indonesian courts. It is time that KAI recognised, whether it wants to or not, that the Supreme Court has issued a Circular which is explicit in stating that KAI affiliated lawyers cannot practice in court until they have satisfied the PERADI requirements for certification. This Circular was hotly contested by KAI, but it only resulted in a mediated deal that still requires the establishment of a single bar association by 2012.
It really does not matter what the single bar association is called; PERADI, KAI or AA (Advocates Anonymous -- AA considering it is a bar association). What matters is that a unified bar can be formed. This will require a commitment to disbanding all rival associations and congresses once a unified bar can be agreed to. This process is not going to be an easy one; too many personalities and too much politicking, but it has to be done.
In many respects, the future of the Indonesian legal system demands that there is stability and that there is uniformity in the certification process for lawyers. This is necessary, of for no other reason, to ensure the rights of those who enter the Indonesian legal system to seek justice for themselves or those that they represent.
Two rival advocate associations coming to blows in a five-star hotel is an embarrassment on a grand scale. Shame on you all!
Shame, shame, shame.
(The photo is apparently from twitter and comes via here)
Friday, July 16, 2010
Lawyers' Protest Against the Supreme Court
Last Wednesday, one hundred lawyers of the Congress of Indonesian Advocates (KAI) held a violent protest at the Supreme Court in Jakarta.
The protest was sparked by a statement by the Chief of the Supreme Court Harifin A. Tumpa on 24 June which only recognized the Association of Indonesian Advocates (Peradi) as the only Bar Association in Indonesia, thereby causing uncertainty on the legitimacy of lawyer licenses issued by other lawyer/ advocate organizations in Indonesia.
The lawyers came at around 10 a.m to meet Harifin, but was denied by the Court's officers who shut all entrance gates. Angered by this bad reception, the lawyers forcefully opened the gate and made their way inside the Court lobby, shouting and bring down the photo of Harifin from the wall and kicked it..
The lawyers calmed down after Harifin and other Supreme Judges finally agreed to meet them. According to the Chairman of KAI Indra Sainun Lubis, the Supreme Court shall revise its decision within one week.He also warned that if the Court failed to do that 3,000 lawyers will demonstrate.
On the next day, the Court has submitted an official report with the Police, alleging that the lawyers have damaged the Court's gate, cracking glass window, bringing down and kicking the photo of the Court's Chief and defaming that the Court's Judge has received bribe from Peradi. .
Considering that lawyers are citizens who have been granted license to practice laws in the courts of law, therefore deemed to be more knowledgeable about the laws and regulations, the above incident is a tragedy. I hope this case would be settled amicably but properly based on the laws and regulations in Indonesia.
Sources for this post :
- Ratusan Advokat KAI Demo MA (Hukumonline)
- Protes MA, Aksi Para Advokat Berlangsung Ricuh (Tempo)
- Demo Advokat di Gedung MA Ricuh (VivaNews)
- MA Janji Revisi SK dalam 1 Minggu, Pengacara Bubarkan Diri (Detik)
- MA Laporkan Insiden Demo KAI ke Polisi (Hukumonline)
The protest was sparked by a statement by the Chief of the Supreme Court Harifin A. Tumpa on 24 June which only recognized the Association of Indonesian Advocates (Peradi) as the only Bar Association in Indonesia, thereby causing uncertainty on the legitimacy of lawyer licenses issued by other lawyer/ advocate organizations in Indonesia.
The lawyers came at around 10 a.m to meet Harifin, but was denied by the Court's officers who shut all entrance gates. Angered by this bad reception, the lawyers forcefully opened the gate and made their way inside the Court lobby, shouting and bring down the photo of Harifin from the wall and kicked it..
The lawyers calmed down after Harifin and other Supreme Judges finally agreed to meet them. According to the Chairman of KAI Indra Sainun Lubis, the Supreme Court shall revise its decision within one week.He also warned that if the Court failed to do that 3,000 lawyers will demonstrate.
On the next day, the Court has submitted an official report with the Police, alleging that the lawyers have damaged the Court's gate, cracking glass window, bringing down and kicking the photo of the Court's Chief and defaming that the Court's Judge has received bribe from Peradi. .
Considering that lawyers are citizens who have been granted license to practice laws in the courts of law, therefore deemed to be more knowledgeable about the laws and regulations, the above incident is a tragedy. I hope this case would be settled amicably but properly based on the laws and regulations in Indonesia.
Sources for this post :
- Ratusan Advokat KAI Demo MA (Hukumonline)
- Protes MA, Aksi Para Advokat Berlangsung Ricuh (Tempo)
- Demo Advokat di Gedung MA Ricuh (VivaNews)
- MA Janji Revisi SK dalam 1 Minggu, Pengacara Bubarkan Diri (Detik)
- MA Laporkan Insiden Demo KAI ke Polisi (Hukumonline)
Saturday, June 13, 2009
Manohara's Update
Last Tuesday, 9 June 2009, Manohara Odelia Pinot (17) filed a report with the National Police about the Torture & Rape committed against her by her husband Prince Fakhry (31) of the Kingdom of Kelantan, Malaysia. (Photo:courtesy of Detik)
Detik reported that Manohara was accompanied by her mother and attorneys a.o Hotman Paris Hutapea. According to Mano, she also reported the King and Queen of Kelantan, Aircraft Pilot Zakaria, Ichsan (Indonesian), the bodyguard of Fakhry i.e. Soberi & wife.
Hotman Paris said that they were accussed of committing 11 crimes stipulated by our Penal Code a.o Art 285 (Rape), Art. 333 (Kidnapping), which carry total punnishment of 70 years imprisonment.
Afterwards, Manohara went to the RSCM General Hospital for Foresic Tests. After the test Forensic Expert Dr. Mu'nim Idris said that Mano has suffered a Second Degree Violence causing serius wounds.
According to Suara Karya, the Police Spokesman Abubakar Nataprawira said that the Indonesian cannot process the case because the location of crime was not in Indonesia, but in Kelantan, Malaysia. He suggested that she go to the Department of Foreign Affairs to follow up the case to Malaysia.
In this regards, spokesman of the Dept. Foreign Affairs Teuku Faizasyah suggested Mano to file a report with Malasian Police, for which purpose the Department shall provide assistance.
Meanwhile, the New Strait Times reported that Prince Fakhry has lodged also lodged a report with the Police in Kuala Lumpur last Thursday, 11 June denying allegations made against him by Manohara, her mother and other parties.
The above result of Police report has actually been predicted by Mano's ex lawyer O.C. Kaligis who resigned because Mano has not been serious in taking action against her husband. He said that since her return on 31 May, instead of taking forensic test, Mano & her mother prefered to be busy talking to the media.
Tuesday, February 24, 2009
Judicial Review on the Pornography Law
Legal action in Court must be prepared very carefully if we want to win the hearts of the Judges. For which purpose, any one who wants to take such action are advised to appoint a lawyer to represented to them if they want to succeed.
However, appointment of a lawyer does not always guarantee the success of a legal action. That’s exactly what happened to the Petition for Judicial Review of the Pornography Law filed with the Constitutional Court by famous lawyer O.C Kaligis on behalf of 11 North Sulawesi individuals who claimed to be the representatives Non Government Organizations (NGO) in North Sulawesi.
According to The Jakarta Post/E.Maulia, during the first court hearing yesterday, the council of judges demanded the Petitioners to prove their status as representatives of the NGOs. Besides, they were asked to mention correctly the Articles of the said Law that they want to be reviewed; and asked them to elaborate what harm that the Law might cause to the North Sulawesi community. The judges gave the Petitioners 14 days to revise their request.
Earlier, The Jakarta Globe/C. Pasandaran reported that 11 individuals who claimed to be the representatives of several Christian, student & minority organizations in North Sulawesi have requested the Judicial Review on three Articles of the Pornography Law i.e. Art. 1. about the Definition of Pornography, Art. 4. about the Production and Distribution of Pornographic materials, Art. 10. about the ban on Public Performances deemed to be Pornography.
The above shows that anyone who wants to fight in court should be very careful in preparing their actions although they are represented by well known lawyer.
However, appointment of a lawyer does not always guarantee the success of a legal action. That’s exactly what happened to the Petition for Judicial Review of the Pornography Law filed with the Constitutional Court by famous lawyer O.C Kaligis on behalf of 11 North Sulawesi individuals who claimed to be the representatives Non Government Organizations (NGO) in North Sulawesi.
According to The Jakarta Post/E.Maulia, during the first court hearing yesterday, the council of judges demanded the Petitioners to prove their status as representatives of the NGOs. Besides, they were asked to mention correctly the Articles of the said Law that they want to be reviewed; and asked them to elaborate what harm that the Law might cause to the North Sulawesi community. The judges gave the Petitioners 14 days to revise their request.
Earlier, The Jakarta Globe/C. Pasandaran reported that 11 individuals who claimed to be the representatives of several Christian, student & minority organizations in North Sulawesi have requested the Judicial Review on three Articles of the Pornography Law i.e. Art. 1. about the Definition of Pornography, Art. 4. about the Production and Distribution of Pornographic materials, Art. 10. about the ban on Public Performances deemed to be Pornography.
The above shows that anyone who wants to fight in court should be very careful in preparing their actions although they are represented by well known lawyer.
Friday, February 13, 2009
The Erotic Lawyer got Fired
Deidre Dare, a U.S lawyer working in Moscow, who wrote a sex fiction novel in DeidreDare.com, was fired by her employer the law firm Allen & Overy, on 30 January.
According to a blogpost by Robert J. Ambrogi in Law.com the law firm has released a statement explaining that the dismissal was done after following its normal disciplinary process and concluding that her behavior "was unacceptable and totally at odds with the standards of behavior that we expect from all of our people." But Ms. Dare told The Telegraph that the real reason for her dismissal was because she had complained about sexual harassment made against her by a male boss.
Although the 44 years old Ms. Dare said that she will fight against her ex employer, however she doesn’t seems to be very sad, perhaps because the traffic to her website has jumped from 3,500 a month to almost a million in just a few days.
In an interview with The Bitter Lawyer, she said that she has been hired by The Moscow News to work as a Columnist, and she plans to finish the sex novel “Expat” that has got her into trouble.
It is very sad to know that a Senior lawyer like Deidre Dare (a.k.a Deidre Clark) has been fired because of a reason that is still uncertain. I hope that the she and her former employer will settle their differences amicably soon.
According to a blogpost by Robert J. Ambrogi in Law.com the law firm has released a statement explaining that the dismissal was done after following its normal disciplinary process and concluding that her behavior "was unacceptable and totally at odds with the standards of behavior that we expect from all of our people." But Ms. Dare told The Telegraph that the real reason for her dismissal was because she had complained about sexual harassment made against her by a male boss.
Although the 44 years old Ms. Dare said that she will fight against her ex employer, however she doesn’t seems to be very sad, perhaps because the traffic to her website has jumped from 3,500 a month to almost a million in just a few days.
In an interview with The Bitter Lawyer, she said that she has been hired by The Moscow News to work as a Columnist, and she plans to finish the sex novel “Expat” that has got her into trouble.
It is very sad to know that a Senior lawyer like Deidre Dare (a.k.a Deidre Clark) has been fired because of a reason that is still uncertain. I hope that the she and her former employer will settle their differences amicably soon.
Friday, January 30, 2009
An Erotic Lawyer
I believe that professional men and women are equal in general; they are only different when expressing private matters, whereby women tend to be less expressive.
In this regards, I found it interesting when I read an article written by Robert J. Ambrogi in Law.com about Deidre Dare, a senior lawyer of U.S based law firm, Allen & Overy, who published an erotic novel “EXPAT” in her website DeidreDare.com. The novel featured the tagline "Philosophy can be Sexy" told a story about an American woman living in Moscow and her sexual adventures with several men from different countries, with very detailed love making scenes. Her story was so crude & vulgar that the law firm ordered her to stop publishing it, and erased her biography from its website.
The above story tells us that every professionals, especially senior ones, should always maintain their public image by always paying attention on standard moral values.
In this regards, I found it interesting when I read an article written by Robert J. Ambrogi in Law.com about Deidre Dare, a senior lawyer of U.S based law firm, Allen & Overy, who published an erotic novel “EXPAT” in her website DeidreDare.com. The novel featured the tagline "Philosophy can be Sexy" told a story about an American woman living in Moscow and her sexual adventures with several men from different countries, with very detailed love making scenes. Her story was so crude & vulgar that the law firm ordered her to stop publishing it, and erased her biography from its website.
The above story tells us that every professionals, especially senior ones, should always maintain their public image by always paying attention on standard moral values.
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