(8/6/2023) | “The Future of Comparative Law as a Legal Discipline: The Challenge of Interdisciplinarity” is the title of the guest lecture given by Dr. Maurice Adams LL.M., MA., a professor from Tilburg Law School, Netherlands. This public lecture was held at the Pancasila Hall, Building A, Faculty of Law, Airlangga University, last Monday (29/5/2023). This time, the guest lecture’s purpose is to provide views on Comparative Law, which is often questioned technically, and how it works amid its implementation.

In his guest lecture, Dr. Maurice describes the debates and questions that often arise regarding Comparative Law. These debates and questions are related to the confusion of Comparative Law scholars regarding the approach and linkages of the field of law with other disciplines. This confusion concerns questions such as “What makes a legal scholar a comparator?” or “Under what conditions is Comparative Law still considered a legal discipline?”.

Before answering the questions above, Dr. Maurice also showed the guest lecture participants when he wrote a book entitled “Comparative Law Methodology,” which discussed more clearly Comparative Law and what we need to know about it. He then explained that the comparative methodology of all these things is not to determine which is the most “correct”, but to provide a further understanding of the diversity of regulations and/or other matters in every field of science, not just law. In Comparative Law, it is also not a goal to find out which rule is most applicable but must provide an explicit and descriptive elaboration of law, doctrine, and science.

In this case, it is not only to remain open to all changes and interdisciplinary dynamics but also so that legal scholars do not become “masters of none” in their world. This is important for developing a more progressive law because it has been running with open eyes. Because it also allows for changes in the supplementation of law, history, philosophy, and others by empirical methods such as economics, politics, natural science, sociology, or anthropology. Therefore, legal scholars must more or less understand Comparative Law.

(31/5/2023) | The Faculty of Law, Universitas Airlangga (FH UNAIR) is collaborating with the University of Gdańsk, Poland, with an agenda for lecturer exchange and potential research collaborations and publications between the two campuses. Currently, FH UNAIR is intensifying international publications.

Representative of FH UNAIR, Indria Wahyuni, said that the meeting with the University of Gdańsk also discussed other issues, such as undergraduate students’ final assignments. FH UNAIR requires undergraduate students to make a final assignment in the form of a thesis. In contrast, the University of Gdańsk undergraduate students complete a final task determined by the lecturer. The final project can be a case review, court review, or case analysis, which contains 20,000 – 80,000 characters, but students are used to writing as many as 40,000 characters.

Apart from discussing the potential for cooperation in the fields of research and publications as well as lecturer exchange agendas and differences in final student assignments, the two representatives also discussed the latest issues between the European Union and India, potential funding between Indonesia and Poland, and potential for other collaborations in the future. The University of Gdańsk is pleased with this lecturer exchange collaboration because the lecture material taught by guest lecturers makes the lecture material at the home campus more varied. This lecturer exchange has been proven by two UNAIR FH lecturers, Indria Wahyuni and Nilam Andalia Kurnisari, who were also guest lecturers at the University of Gdańsk.

Finally, the University of Gdańsk also extended warm greetings to all FH UNAIR academics. They hope to continue to develop the potential for collaboration in other fields with FH UNAIR in the future.

(22/5/2023) | The Faculty of Law, Airlangga University, one of the best law faculties in Indonesia, often collaborates with several foreign universities to provide material from guest lectures, one of which is in collaboration with Universiti Sultan Zainal Abidin Malaysia. On Wednesday (17/05/2023) in Room 303, Building A FH UNAIR, a guest lecture was delivered by Dr. Hartinie Abd Aziz, who conveyed corporate law from the application of the legal system in Malaysia. The participants in this class are undergraduate students.

Dr. Hartinie Abd Aziz delivered material on Contract Law which was contained through an introduction to the concept of contract law, providing an initial explanation of parts of company law, through the first explanation regarding business entities which were divided into four parts, including sole proprietors, partnerships, companies, limited liability company partnerships. It was further explained regarding the influence of incorporation as a corporate body, including the right to sue & be sued, the power to control land and other property, limited liability, and eternal succession.

In the perspective of implementing company law in force in Malaysia, Dr. Hartinie provided an explanation and distinction regarding the applicable legal basis, namely that in addition to implementing state law, Malaysia is also familiar with the concept of sharia, so the concept of corporate law in Malaysia recognizes the idea of sharia law. “There are a lot of problems that occur in Malaysia regarding the perspective of company law, such as the legal status of the formation of a company,” said Dr. Hartinie.

The existence of learning delivered by guest lecturers, especially from abroad, such as from Malaysia, can improve the ability of UNAIR FH students to know more deeply about the subjects they get, especially in implementing comparative law science. Unsurprisingly, when there are guest lecturers, students ask about applicable law, application of the law, and legal issues that occur from the guest lecturer’s place of origin. Therefore, Universiti Sultan Zainal Abidin Malaysia, lecturer at FH UNAIR, provides exciting learning.

As an internationalization effort and to enrich the knowledge possessed by students, the Faculty of Law, Universitas Airlangga continues to make efforts to present guest lecturers, both from within the country and abroad. After visiting lecturers from Europe and Australia, Mr. Nobukazu Nishio from the land of the rising sun came in person to the Faculty of Law, Universitas Airlangga, on Thursday, 10 November 2022. Also, present on occasion Mr. Takeyama Kenichi as the Japanese Consulate General in Surabaya. On this occasion, Mr. Nobukazu Nishio, as Japan’s High Court Judge, and the Japan International Cooperation Agency Chief Advisor on Intellectual Property Rights, had the opportunity to lecture on Japan’s justice system and the Judicial System for Intellectual Property Cases.

He started the lecture by stating that Japan generally uses a civil law system. This shows that the primary source of law that is recognized in Japan is the law (statute). Even so, the previous judge’s decision is still needed as a precedent to find out how to interpret and implement the law using examples of cases that have already been resolved. In addition, the number of justice systems in Japan is relatively minor compared to Indonesia. The judicial system in Japan at least consists of a Summary Court, District Court, Family Court, High Court, and Supreme Court. The location of each court is across various regions, except the Supreme Court, which is only located in Tokyo.

As a general description, the flow of procedures for civil cases in Japan is similar to that in Indonesia. This is because the stages begin with filing a lawsuit, followed by an answering event and proof, and ends with reading the decision. Peace settlement (wakai in Japanese), must also be attempted at every stage before the trial begins. The differences that are pretty obvious in the justice system in Japan are more visible in the flow of criminal case procedures. At least two types of investigations are known in Japan, namely, forced and voluntary. Forced investigations are carried out with a court order using coercive measures such as arrest, detention, confiscation, etc. As for voluntary investigations, a court order is not required because the person concerned cooperatively surrenders himself and the evidence. The legal principles that apply in the flow of criminal case procedures consist of the principle of a single indictment, the principle of acquittal, the principle of indirect testimony, the principle of confession, the principle of supporting evidence, and the principle of ‘in dubio pro reo’.

After learning about the justice system in Japan in general, the discussion continued to discuss the justice system for intellectual property cases specifically. Japan at least has a special division that deals specifically with intellectual property cases at the Tokyo District Court and the Osaka District Court. Intellectual property cases in Japan can be resolved through civil, administrative, and criminal matters. Intellectual property civil cases in Japan mainly involve violations and damages. Civil cases on the intellectual property itself are also divided based on two characteristics, namely technology and non-technology. Specifically for technological claims such as patents, utility models, integrated circuit layout designs, and the creation of computer programs can only be filed at the Tokyo District Court and the Osaka District Court. As for non-technological cases, they can be submitted to any district court. The intellectual property administration case is more related to the cancellation of the Japan Patent Office (JPO) decision. At the same time, intellectual property criminal cases are handled through the flow of criminal cases in general.

The Public Lecture Series guest lecture was held again on Wednesday (16/11/2022) in Room 303, Building A Faculty of Law, Universitas Airlangga (FH UNAIR). This time, Tomika N. S. Patterson, Permanent Legal Counsel for the United States Department of Justice, Overseas Prosecutorial Development Assistance and Training (OPDAT), is visiting the guest lecture for this edition of the State Administrative Judicial Procedure course. Tomika Patterson presented “The American Legal System and Economic Crime”.

She explained the establishment of the Overseas Prosecutorial Development Assistance and Training (OPDAT), or what is known as the Development, Assistance and Training Office for the Foreign Attorney Field. The purpose of the OPDAT’s creation in 1991 was to help prosecutors and judicial personnel develop and support effective criminal justice institutions in other countries. OPDAT offers programs tailored to the needs of the justice sector of a particular country or region. So far, OPDAT has resolved various cases such as terrorism, corruption, trafficking in persons, drugs, and the environment.

Apart from explaining the OPDAT, she also explained the United States’ legal system. Sources of law in the United States include the United States Constitution, Statutes, Rules of Procedure, Ordinances, and Jurisprudence (case law). In the United States legal system, Congress submits Bills which are then passed and promulgated separately as the Common Law. The Common Law is organized by date and year in the Statutes at Large and is organized by topic in the United States Constitution.

Tomika also explained the institutions of power in the United States and the judicial system in the United States. The division of powers in the United States is divided into executive, legislative, and judicial. The executive consists of the President, Vice President and Cabinet. The legislature consists of the Congress, the Senate, and the House of Representatives. The judiciary consists of the Supreme Court and the Federal Court. Specifically for executive orders in the United States legal system issued by the President and addressed to federal government agencies. Executive orders have the final force of law and must be based on Federal Law or the Constitution. Executive orders are also subject to judicial review and can be overturned if a court finds that Federal Law or the Constitution does not support the executive order.

Meanwhile, the United States Federal court system gives power to only one judicial institution, namely the Supreme Court, and to lower Courts such as Congress, which from time to time can regulate and determine. The United States court system is known as the dual court system, which consists of two courts: the Federal Court and the State Court. The legal framework for United States trials draws on the United States Code of Conduct, the Federal Criminal Procedure Code, the Federal Law of Evidence, jurisprudence, and local court rules, regulations, and practice.

At the end of her lecture, Tomika conveyed the procedures for becoming a lawyer in the United States. After graduating from a four-year undergraduate degree, aspiring lawyers must take the Law School Admission Test (LSAT). After graduating from the LSAT, she took law school, then took the bar exam and joined an advocate organization.

On Thursday afternoon (27/10/2022), FH UNAIR held a guest lecture titled “Strategies for Successful Prosecution of Emerging Crimes: US Perspectives.” The resource person presented at the lecture was Kavitha Babu, Permanent Legal Advisor to the United States Ministry of Justice. There, Babu explained how to prosecute criminal acts in the United States successfully.

Criminal law around the world is faced with new challenges in its implementation due to the emergence of emerging crimes. Emerging crimes are crimes that have only emerged recently, such as cybercrimes and transnational crimes. Babu explained that states must know how to respond to this crime, even though the criminal law models are different.

“In the United States, the prosecutor’s office is much more active in criminal processing than in Indonesia. In Indonesia, the prosecutor’s office only conducts a prosecution after receiving the results of an investigation from the police. Meanwhile, federal agencies and the police are more likely to cooperate in criminal investigations in the US. This collaboration began after the police and federal agencies completed a pre-investigation which was then reported to the attorney general’s office, said the attorney for the Northern District of Illinois.

Babu then explained the stages of criminal procedural law in the United States. These stages are essential to understand the overall process of running a criminal case. There are four stages: investigation, prosecution (charge), pretrial, and trial.

“These stages apply to all types of criminal offenses investigated in the United States, domestic and transnational crimes. The dynamics of exercising prosecution authority for a prosecutor depend on the complexity of the case, and the amount of evidence that can be collected. However, the burden of looking for evidence is on the police and federal agencies are more passive in finding evidence,” concluded the adviser to the United States Embassy in Indonesia.

Erasmus University Criminal Law Expert Prof. Joost Nan was invited to the Corruption Crime Lecture at UNAIR Law on Thursday (20/10/2022). The class was related to regulating corruption in the United Nations Convention against Corruption (UNCAC). UNCAC views corruption as an epidemic that undermines democracy and the rule of law. According to Prof. Nan, this profound anti-corruption paradigm is due to how destructive the impact of corruption is in people’s lives. In a broad sense, corruption is defined as the abuse of public power for private gain. In a narrow scope, corruption is bribery (bribery).

“Bribery need not occur when the briber gives many things to the bribed party. It is enough that there is an offer of a bribe or a request for a bribe from one of the parties, it is already referred to as bribery,” said Prof. Nan.

Prof. Nan explained that UNCAC is the only legally binding international convention related to anti-corruption. This convention requires member states to harmonize their national legal systems per the UNCAC articles’ provisions. Prof. Nan gave an example of Article 15 of UNCAC, which regulates the definition of bribery. There, the definition of bribery in the article should be reflected in the national legal system of member countries.

“However, there are also articles that are not mandatory to be adopted in the national legal system. Its nature is only recommended to realize this convention’s legal objectives better. For example, Article 21 regarding bribery in the private sector,” said the academic.

Then Prof. Nan reminded us how dangerous the impact of corruption is on society. Funds used for development projects are not optimal because some of the funds are enjoyed by corrupt officials. The unfair competition also arises because a person or legal entity, which should not benefit from the government because it is not qualified, becomes able because it is facilitated by bribery.

“The impact is that the public will receive public services and goods and services at high prices or of low quality. Worse still, the public will lose confidence in public institutions. We wouldn’t trust the justice system if politicians and corporations had bribed the judges, would we?” Prof. Nan concludes.

Erasmus University Criminal Law Expert Prof. Joost Nan was present at FH UNAIR on Wednesday afternoon (19/10/2022) to give a guest lecture. Prof. Nan is a visiting lecturer at FH UNAIR. The topic of the guest lecture that afternoon was the presentation of the criminal economic and regulatory landscape in the Netherlands. Prof. Joost Nan Describes the Landscape of Economic Criminal Regulation in the Netherlands in a Guest Lecture of FH UNAIR.

Prof. Nan explained that in the Netherlands, a special law regulates economic crimes, namely Wet op de economische delicten (WED). The enactment of this legislation is the lex specialis of Wetboek van Strafrecht (WvS) or the Criminal Code.

“WvS in this criminal law regulates material law. Meanwhile, Wetboek van Strafvordering (WvSv) or the Criminal Procedure Code is intended to regulate (formal) procedural law. While in WED, there are material and formal laws simultaneously,” he explained.

The scope of economic crimes regulated in WED can be seen in Article 2. Some examples are crimes against telecommunications, agriculture, money laundering, and others. Prof. Nan explained that there are two types of economic crimes in WED, namely crimes and violations. If the crime begins with an intention, it is a crime. If not, then it is categorized as a violation.

“The difference between these two types of economic crimes lies in the period of their sentence. Crimes are punishable by imprisonment for two to six years, while offenses are for six to twelve months. There are also other penalties, such as fines and community service, to additional penalties,” said the academic.

Prof. Nan gave an example that business closure is another punishment imposed for an economic crime. According to him, the deterrent effect of closing a business will be much more pronounced for criminals because it is challenging to rebuild their businesses from scratch.

At the end of the material, Prof. Nan provides how law enforcement officers in the Netherlands can quickly investigate economic crimes in the Netherlands. He explained that criminal investigations are not always the main route but can also go through administrative examinations to find out whether or not an economic crime has been committed.

“Take, for example, a civil servant who asks the company to provide documents for the company’s monthly administrative report. From there, it can be seen in the document whether the company has committed an economic crime, such as disposing of waste not according to the rules or carrying out excessive pollution,” he concluded.

Author: Pradnya Wicaksana

The Information Law and Technology Expert at the Dortmund Fachhochschule, Prof. Dr. Michael Bohne, gave a lecture on Commercial Law at FH UNAIR. The topic was related to the importance of data protection regulations in the legal system that underlies commercial transactions or the commercial law system.

Prof. Bohne opened his lecture with a contemporary expression that data is the new oil. The point is that data is an essential commodity in the world, just like oil used to be. Therefore, the law must be able to protect so that it is not misused.

“In the context of commercial law, legal protection of data can create a conducive and secure business environment. The misuse of data in the commercial aspect is widespread, and it is traded without us knowing what one party is doing with our data,” said the professor.

Along with the massive digitalization of commercial transactions, jurists’ and legal acedemicians’ attention to the importance of data protection in various aspects has also increased. He joked that in the past, data protection conferences were attended only by nerds and computer experts; now, top-notch advocates are following him.

“Indonesia is proposing the Personal Data Protection Bill (during this news writing, the PDP Bill has not yet been ratified). It shows that the law leads to the importance of data being protected. Previously, Germany and the European Union had regulations regarding personal data called the General Data Protection Regulation,” said Prof. Bohne.

Prof. Bohne said that the Indonesian PDP bill was the same as the existing personal data protection law in the European Union. If ratified, he believes that a positive impact on the Indonesian people will appear in the sector of facilitating the business climate.

“The next step is to raise awareness among corporations regarding the importance of data protection in their business activities. Corporations need to be concerned about implementing data protection so that the law can run optimally,” he concluded.