Posts

Legal Analysis Tool Kit Series: Understanding Ex Ante Perspective

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A robber goes to a bank, takes a hostage and demands the bank teller to give the money or the hostage will die. The teller looks at the amount the bank holds, US$3,000, a petty amount of cash for a bank as big as this. But he refuses the robber's demand, and quickly rings the alarm. The robber goes panic, shoots the hostage and runs away. A few days later, the heirs of the hostage bring a suit to the court, asking the bank to pay a huge amount of damages due to the negligence of its teller. According to those heirs, considering the amount of the cash, it is not worthy to let the robber killed the hostage, so based on fairness, the heirs have reasonable arguments to claim the bank for damages due to the failure of its employee to make the right decision. Assuming that the there is no exact regulation concerning the claim, what should the court do? Although the court might have unlimited options, in reality, all of those options can be simplified into two category, to look backwar

On DPR and KPK Chief Candidates (Indonesian Version)

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Here is another post in Indonesian language on why the Indonesian Legislative (DPR) cannot reject the two candidates for Chief of the Indonesian Anti Corruption Commission (KPK). I must admit, writing in Indonesian language is a lot easier, far, far easier than writing here in English :p.

Morality Defined At Last?

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So the Playboy case has been decided by the Supreme Court and its former Editor in Chief will serve 2 years in prison. If you ask me, I don't have any concern with the fact that FPI was the one who reported the Indonesian Playboy magazine to the police. Anyone can do that, including myself. What really concerns me is the considerations of our judges and prosecutors in handling this case, especially with respect to the definition of morality and the acts that can be deemed as against such morality. Further comments will be made after I receive and read the decision. Stay tune.

On Corruption, Prison, and Alternative Sanctions (Indonesian version)

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You can read my post here on why we need to find better alternative sanctions in fighting corruption. Prison is overrated.

Gridlock Economy: When Too Much Ownership Kills the Market (Part 2)

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In the first part of my post, we have discussed the difference between the Common and Anticommon Tragedy and also some examples that may be familiar to all of us. In reality, gridlock exists and it causes major problem to the society. So the one million dollar question is: "what can we do to solve the issue?" Step 1: Identifying Gridlocks Certain actions can be done, but first thing first, we need to identify those gridlocks before we can solve it. Gridlock is a waste to the society simply because it causes resources to be underused. What really troubles me is the fact that gridlock is mostly hidden. Have we ever thought that the cure of cancer might be already in front of our eyes today if not because of the fight between companies having small patents over genetic samples? Or do we realize how much our economy suffers because of there are too many robber barons along the road to investment, i.e. the regulators? In most cases, the Anticommon Tragedy is a pure human tragedy

Public Policy Making Principles (Indonesian version)

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You can read my article on public policy making principles here . I have decided that this blog will be dedicated for English version articles, and all Indonesian version articles will be posted at Politikana or any other media as I see fit. No worries though, I will always update this blog whenever I post articles in other media. Kind regards, The Capitalist Lawyer

The Illusion of the Islamic State

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I would like to tribute this article to the commemoration of Indonesia's 65th Independence Day. We've seen so many people who try to establish an Islamic state (including in Indonesia) and claim that this state shall be eternally blessed by God and will solve all humankind problems. Not only that this is a false hope, it is also a big blunder. The main question is: does Islam actually recognize a specific legal form of Islamic state? My quick answer would be no.    Islamic Political Leadership Succession: Lessons from the 4 Great Caliphs Before we discuss the evolution of Islamic state throughout the history, let us first see how political leadership was formed and passed during the early era of Islam. When the Prophet Muhammad SAW was still alive, he had two authority within his hands, i.e. religion and politic. However, neither the Koran nor the Prophet ever stipulate any specific form of state to begin with. In any case, it was an informal form of leadership. When the Pr

No Post for This Week

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Due to my accident in Bali last Saturday, there will be no post for this week, and thus the second part of the Gridlock Economy will also be postponed. Kind regards, The Capitalist Lawyer

Happy First Anniversary!

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Wow, today is already the official first anniversary of my blog! To commemorate this day, I decide to start writing again (see my post on Gridlock Economy, 2 August 2010). Hopefully, I can maintain my consistency this time. If you ask me where the hell was I for the last 8 months, I can only say, "blame Twitter!" Okay, I admit it, it's a lousy reason :p. Anyway, apart from that lousy reason, the fact is, too much tweeting has caused a real blow to my ability to write fluently in this blog and yes, I think this is the right time to put and end to that. I won't say that tweeting is bad. It's good and I've gained so many ideas from the Twitverse. However, as told by many people, most of those ideas need better elaboration, and what fits better to achieve that purpose other than a blog? So stay tune with the Capitalist Lawyer and for all of you who have visited this blog during my absence, a big thanks from me :)