THE CHRONICLES OF A CAPITALIST LAWYER

RANDOM THOUGHTS OF A CAPITALIST LAWYER ON LAW, ECONOMICS, AND EVERYTHING ELSE

  • Happy New Year 2021!


    I officially closed 2020 with UMBRA’s M&A and Restructuring PG Annual Dinner on 19 December. Thanks to the superb dinner set from @august_jkt (which is simply the best private dining organizer in Indonesia for me to date), we had a very enjoyable evening. 

    Given the hassle of running any gathering (testing every participants, setting the open air place, enforcing the safety protocol, you name it), it was the only event that I could have with my kids in 2020 since the start of our WFH in mid March 2020. Indeed, it was also the first time for me to physically see some of my new recruits during the pandemic. So I am glad that despite the herculean efforts, it could still be done 🥵🥵🥵.

    I have to admit that running the whole firm from home is a new experience, it’s unprecedented for a law firm even in all of my personal collection of general and law firm management books (what, you think you can manage a big business only by intuition without learning the materials? I take my job seriously). While I've always envisioned a flexible working arrangement where lawyers can work from any place and any time (the last part is probably frightening for some people), prior to the pandemic there was always a big question mark on three issues: (i) how can we ensure that people will actually work at home, (ii) how can we do proper quality control, and (iii) how can we convince the client to avoid physical meetings?

    Luckily, when everyone is forced to work from home, it becomes clear that there are ways to do things more efficiently. Without the hassle of rumbling traffic and waiting for late people, we could manage to perform additional tasks and have more meetings in a single day. I thought I was damn busy in 2019, but 2020 showed that I was wrong. 

    Of course, physical gathering would still be important, especially to build trust among peers and clients. Had we started UMBRA during a pandemic, the results would probably be ugly for us. It is precisely because we had the chance to make our presence known to the clients prior to the pandemic that we could turn the challenges to become opportunities. And I am extremely grateful for having the right timing. I know that hard work is essential, but you can’t deny the role of chance and luck in doing a business. Understanding this iron law would help you to have a realistic and pragmatist perspective, for each optimism, one must always be cautious. And while planning does not always yield successful results, we plan to fail when we fail to plan.

    Yes, not be able to going anywhere and meeting anyone freely still sucks. I miss Japan and all the chefs there. I miss the United States and my beloved family and law school there. But at the same time, I am still grateful that I have a firm with resilient and hard working people, managed to close super interesting and historical deals for my clients, won multiple prestigious awards for the firm, had the time to read and do more research for my planned book, was able to actually finish FF VII Remake (and got Platinum Trophy), One Piece Pirate Warriors 4, and The Last of Us 2 (only 3 games this year (4 if I counted Hades, but it's still ongoing), but hey, given my workload, I call that an achievement 😊), had the chance to improve my cooking skills, and finally, after waiting for more than 10 years, being officially admitted as an indoor disciple of Wu Tang school of martial arts (what a joy!!!). 

    Now, if only I could cure my blocked nose that has haunted me for the past 8 months, I would give 2020 a perfect score! Let’s make new history in 2021! Bismillah.

  • Do Judges Play by the Rules? - A Reply to ''Playing by The Rules''


    Jurisprudence and legal interpretation are two themes that are dear to me. As such, I was quite ecstatic  when I received a copy of a book chapter titled: "Playing by the rules: the search for legal grounds in homosexuality cases - Indonesia, Lebanon, Egypt, Senegal" from Sam Ardi last week, especially because the front page mentions the terms "positivist" and "realism" in law and the chapter itself seems to discuss the role of interpretation in dealing with concrete legal problems. While the paper is indeed interesting and informative for a descriptive work on how different jurisdictions interpret their laws on homosexuality cases, I find that the core analysis lacks a coherent theme from jurisprudential and social science perspectives and this will be the focus of my comments today.
  • Hukum dan Imajinasi - Sebuah Surat Cinta Bagi Ilmu Hukum

    Di penghujung artikel saya minggu lalu mengenai kemungkinan sesuatu mengada dari ketiadaan, saya menyampaikan bahwa salah satu alasan penting untuk menunjukkan bahwa keberadaan Causa Prima atau Tuhan bukan merupakan suatu keniscayaan secara logika maupun ilmiah adalah supaya orang memahami bahwa hal tersebut merupakan perkara iman dan keyakinan pribadi yang tidak bisa dipaksakan kepada orang lain. Dalam artikel hari ini, saya ingin menyampaikan satu alasan lainnya yang tak kalah penting terkait pemahaman di atas, yaitu pentingnya berimajinasi. 

  • Apakah Mungkin Sesuatu Mengada dari Ketiadaan?

     

    Gara-gara menemukan twit imut di atas, saya jadi teringat salah satu diskusi beberapa bulan lalu soal apakah keberadaan causa prima (yang biasanya diterjemahkan menjadi Tuhan) itu suatu keniscayaan secara logika (logical necessity), dan oleh karena itu harus benar adanya dalam setiap keadaan. Pendek kata, dalam diskusi tersebut saya menyampaikan bahwa keberadaan causa prima tidak niscaya secara logika dan bahwa ada hal-hal yang tidak bisa dibuktikan baik secara logika maupun empiris, dan oleh karenanya ada peran yang besar dari iman dalam beragama, khususnya untuk hal-hal yang ujungnya memang sesederhana percaya ga percaya.
  • On Finding a Successor


    I recently found another gem of a slice-of-life manga titled Sota's Knife (Souta no Houchou) and boy, what a page turner! The manga tells the story of Sota Kitaoka, a young man from Hokkaido, that pursues the art of classical Japanese cuisines at Ginza Tomikyu, a ryotei that is known as one of the best traditional restaurants in Tokyo (all are fictional in case you are wondering). The relationship between Sota and Kyugoro Tomita (his Oyakata a.k.a boss/owner chef/master), his colleagues (including his love interest, Tomita's daughter), his growth from a kitchen helper to the top level, his dream of opening his own restaurant versus continuing the legacy of his boss, the hyper competitive environment of restaurants in Tokyo, and the passion and dedication of a true Shokunin shown throughout the series, are simply beautiful and full of emotions. Not only that they remind me of all the restaurants and chefs in Japan that I love so much (and sadly I could not visit until God knows when), but also the journey of my own career and what I look forward to for my future.


  • The Protection of Criminal Suspects in Law and Economics Perspective

    Forthcoming in Jurnal Teropong Edisi RUU KUHAP 2015 | 23 Pages | Posted: 10 May 2015 | Date Written: April 28, 2015

    Public Choice Theory and its Application in Indonesian Legislation System

    24 Pages | Posted: 8 Oct 2012 | Last revised: 8 Nov 2014 | Date Written: October 8, 2012

    Special Purpose Vehicle in Law and Economics Perspective

    Forthcoming in Journal of Indonesia Corruption Watch, 'Pemberantasan Kejahatan Korupsi dan Pencucian Uang yang Dilakukan Korporasi di Sektor Kehutanan', 2013 | 15 Pages | Posted: 22 Aug 2013 | Date Written: August 18, 2013

    Legal Positivism and Law and Economics -- A Defense

    Third Indonesian National Conference of Legal Philosophy, 27-28 August 2013 | 17 Pages | Posted: 22 Aug 2013 | Last revised: 3 Sep 2013 | Date Written: August 22, 2013

    Economic Analysis of Rape Crime: An Introduction

    Jurnal Hukum Jentera Vol 22, No 7 (2012) Januari-April | 14 Pages | Posted: 12 Nov 2011 | Last revised: 8 Oct 2012 | Date Written: May 7, 2012

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