By the book: The ABCs of Indonesian law

By the book: The ABCs of Indonesian law

Thang D. Nguyen, Contributor, Jakarta

Sriro's Desk Reference of Indonesian Law

Andrew I. Sriro

200 pp

Equinox Publishing

You might ask yourself, "Why would anyone read a book on
Indonesian law?"

It is because navigating the Indonesian legal system is like a
walk in an unfamiliar jungle at night. So, if you have to deal
with Indonesian law, let Sriro's Desk Reference of Indonesian Law
be your guide.

Not that Indonesia lacks laws. As a matter of fact, it has
tens of thousands of them.

To start with, Indonesia has the French-inspired Dutch civil
laws; that is, laws on the books when Indonesia was a colony of
the Netherlands. Today, some of the Dutch laws are still in
effect and used in Indonesian courts.

Then there are Indonesian laws, which were enacted during the
post-colonial period and are heavily influenced by principles of
continental European civil law, Anglo-Saxon common law, Islamic
law and traditional, unwritten Indonesian adat, or customary law,
systems.

This mixed theoretical system makes Indonesian law difficult
to understand and seemingly inconsistent.

But worst of all, the Indonesian legal system is corrupt. At
the top level, one has to deal with corrupt lawyers and judges
who make court rulings in favor of the rich and powerful. In the
middle, one faces incompetent, corrupt bureaucrats who delay the
legal process, unless they are bribed. And at the bottom, one has
law enforcing authorities, e.g., policemen, who are poorly paid
and will, therefore, do anything for money -- depending on the
size of the bribe.

Thus, justice does not serve the honest, the poor or the weak.
But not having money to pay their way through the Indonesian
judicial system is not the only reason why a just cause may lose.
The other, more important, reason is that most people simply
don't have adequate access to Indonesian laws; they just do not
know their rights.

As Andrew I. Sriro, an American lawyer who knows and practices
Indonesian law, writes:

"If people do not have access to the law, they cannot know
their rights. If people do not know their rights, they cannot
demand the enforcement of their rights. [And] if people are not
empowered to demand the enforcement of their rights, they will be
exploited and abused by those with access to power over the law."

With sections on the Indonesian government and judicial
systems, business organizations and commerce, debtor-creditor
rights, labor law, family law, intellectual property, immigration
and, among others, a handy list of treaties and conventions to
which Indonesia is party, this reference serves more than just
the average Indonesian.

Businesses and government officials -- both Indonesian and
foreign -- employers and employees, expatriates, foreign spouses
of Indonesians, foreign retirees living in Indonesia and anyone
who has to deal with Indonesian law at all will find Sriro's Desk
Reference of Indonesian Law a useful tool.

In plain English -- soon to be available in Bahasa Indonesia
-- and a reader-friendly structure, the book defines for readers
and explains to them the implications of Indonesian legal
concepts that are typically difficult to understand.

Thus, even if you are not involved in a lawsuit under
Indonesian law, it would be wise to have a copy of this book on
your desk or in your library; it may come handy someday.

The British scientist Francis Bacon once rued: "Knowledge is
power." The ignorance of your rights, therefore, becomes somebody
else's power that can be used against you.

Tip the scales of justice back in your favor: Get a copy of
this book.

The reviewer is a Jakarta-based columnist. He writes frequently
on Indonesian affairs and has published several books, including
Indonesia Matters: Unity, Diversity, and Stability in Fragile
Times by Times Editions.