tag:blogger.com,1999:blog-34250119.post3321487660530920342..comments2024-03-05T17:22:53.137+07:00Comments on The Chronicles of a Capitalist Lawyer: Revisiting the Law on Mandatory Use of Indonesian Language: Updated AnalysisPramudya A. Oktavinandahttp://www.blogger.com/profile/12155548682068314306noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-34250119.post-2740822534901203542012-11-06T03:34:34.472+07:002012-11-06T03:34:34.472+07:00I believe the case you are looking for is Marubeni...I believe the case you are looking for is Marubeni Corporation v. Pt Indokaya Nissan Motors, if anyone is still looking for itKevin Hongnoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-75447303647306015792012-08-16T17:17:39.516+07:002012-08-16T17:17:39.516+07:00For those of you who ask for the case number of th...For those of you who ask for the case number of the supreme court, I just want to let you know that I am still searching. <br /><br />Apparently most of my colleagues remember the existence of the case but forget the number too. I hope that I can give you the update soon. <br /><br />Pramudya A. Oktavinandahttps://www.blogger.com/profile/12155548682068314306noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-38154737634530418332012-08-02T13:51:40.005+07:002012-08-02T13:51:40.005+07:00Dear Pramudya,
This is a brilliant analysis of th...Dear Pramudya,<br /><br />This is a brilliant analysis of the controversy surrounding Article 31 of Law 24 of 2009. Like what DC had asked, I would love to find out the name of the landmark case which you have made reference to. It could prove to be a very persuasive authority indeed. many thanks in advance.<br /><br />AravindAravindnoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-55892576023755165292012-07-30T11:14:03.068+07:002012-07-30T11:14:03.068+07:00Thanks for this thought-provoking analysis.
P.S. ...Thanks for this thought-provoking analysis.<br /><br />P.S. I, too, would much appreciate the name of that case.nliunoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-53105596104580628152012-07-25T11:27:36.448+07:002012-07-25T11:27:36.448+07:00Thank you. Looking forward to your reply on the Su...Thank you. Looking forward to your reply on the Supreme Court case.DChttps://www.blogger.com/profile/08546595630483192046noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-33411735063311686252012-07-23T13:17:31.074+07:002012-07-23T13:17:31.074+07:00Thanks for the question.
1. It's an old Supre...Thanks for the question.<br /><br />1. It's an old Supreme Court Case. While I remember the details of the case, I do not remember the case number. This is something that I need to recheck.<br /><br />2. Such principle is based on the Indonesian Civil Code, particularly the section on Contract Interpretation.Pramudya A. Oktavinandahttps://www.blogger.com/profile/12155548682068314306noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-7737217180290204722012-07-21T02:32:07.906+07:002012-07-21T02:32:07.906+07:00A very teleological and critical analysis of the l...A very teleological and critical analysis of the law. My commendations to you, sir.<br /><br />However, I would like to further explore your opinion, especially with regards to two <br /><br />1. "the failure of performing such provision cannot affect the validity of a legal act, i.e. the contract. This has been made clear in a famous landmark case where the Supreme Court decided that the failure of submitting a report on foreign loan (which is an administrative requirement under Bank Indonesia regulations) cannot be used as a valid reason to annul a credit agreement made between an Indonesian debtor and foreign creditors" <br />- May I know the name of the case? While Indonesian case law may be hard to find, I would like to know more on it.<br /><br />2. "As a matter of Indonesian legal principle, when the text of the law is not clear, parties to a contract should not interpret the law for the detriment of any of the parties."<br />- with regards to the judicial attitude of judges to statutory interpretation in Indonesia, are there any further materials which you could recommend? Or a source for such a legal principle?DChttps://www.blogger.com/profile/08546595630483192046noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-51978321933863046102009-11-27T16:31:48.815+07:002009-11-27T16:31:48.815+07:00Yeah Rob, it is disastrous. Clients are confused, ...Yeah Rob, it is disastrous. Clients are confused, transaction costs increased, liabilities increased, longer period to close a transaction, and many more. Lawyers fees are increasing too, but it is not worth enough to cover the additional hours that we need to spend to deal with this crazy law. There are just too many bad laws in Indonesia!Pramudya A. Oktavinandahttps://www.blogger.com/profile/01296145749782309261noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-8025735221618562522009-11-27T10:10:02.395+07:002009-11-27T10:10:02.395+07:00disastrous? really?disastrous? really?Rob Baitonhttps://www.blogger.com/profile/05122219639222126602noreply@blogger.com