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#33598 - 28 Aug 06 21:07 Doing biz in RI? Use Sing. courts
riccardo Offline
Pujangga

Registered: 12 Oct 05
Posts: 2195
Loc: Jakarta
Fascinating culture clash shown in a few snippets below from a recent JP article-- really shows the amazement from the local Indonesian journo, and shows how even nearby neighbor countries are still trying to figure out the peculiar way in things work in RI...
Particularly fascinating is the Sing. judge's comment below..
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S'pore courts win trust, RI courts 'win the bribes'

(Singapore Aug. 27) What is different about people's reactions to losing cases -- both civil and criminal -- in Singaporean courts as compared to Indonesian ones?

"In Singapore, the most I can say is stupid judge," said an Indonesian whose company has been battling for months against another Indonesian company in a civil case in Singapore.

In Indonesia? "There are no other words but 'the judge has obviously been bribed'," said another Indonesian on the opposite side.

Their conclusion? "Foreign investors will never return to Indonesia as long as our legal system, including courts, remain as corrupt as they are at present."

After attending some court sessions here, Indonesian visitors will very likely draw a united conclusion: That people have tremendous respect for judges in Singapore.

Trials appear to be both transparent and efficient and judges to have high integrity and vast knowledge of the law. Sadly the Indonesian courts are another story.

Take, for example, a business dispute here, which is being handled by Justice Kan Ting Chiu and is now nearing completion after months of open court proceedings.

Indonesian conglomerate (SIC!) Sukanto Tanoto is suing two defendants, Deutsche Bank and PT Dianlia Setyamukti -- owned by Edwin Soeryadjaya and his business associates -- because Sukanto believes the two defendants were involved in a conspiracy to take away his shares in a coal mine in South Kalimantan, which produces one of the world's highest-grade coals.

Getting a bank loan in Indonesia can require a personal approach. While it may seem strange to the people of other countries, it is not a practice that is against Indonesian law.

Sandiaga testified about getting a loan from Bank Mandiri,"... In Indonesia, the way you get a loan is, you lobby the (bank) director first ... Once the green light is given by the director, we work with the team that is appointed, and everything when the structure is finalized, the term is agreed, then the documentation takes place .. That's how at least Bank Mandiri approached the loan back then in 2002 ..."

The Soeryadjayas, the founder of automotive firm PT Astra International, is a highly respected family in Indonesia. For Indonesian banks a family's reputation means something.

But for non-Indonesians, Sandiaga's testimony that "... Pak Edwin has a very good relationship with the president of Bank Mandiri," could give the wrong impression.

Justice Kan warned: "Sometimes we think everything outside Singapore has a parallel system to ours, but it is not. We already have seen a lot of things which do not exactly coincide with the way we do things here."

However, no matter who wins the case in Singapore, it is unlikely anyone will think,"Justice Kan was bribed." While in Indonesia, that would probably be the case...

However, no matter who wins the case in Singapore, it is unlikely anyone will think,"Justice Kan was bribed." While in Indonesia, that would probably be the loser's first reaction.
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Just here proffering my pearls to swine, my throat to wolves and my trousers to the flagpole.

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#33599 - 29 Aug 06 14:44 Re: Doing biz in RI? Use Sing. courts
riccardo Offline
Pujangga

Registered: 12 Oct 05
Posts: 2195
Loc: Jakarta
Curiouser and Curiouser!

The article above by someone named Cornelius Purba at JP, most of which I edited out in order to simply focus on the Sing-RI court perceptions, seems to have been paid for by the plaintiff and a PR firm to tune of $10k and a week of luxury accommodation!!

Check out the inside scoop on these blogs:

http://unspun.wordpress.com/tag/public-relations/
_________________________
Just here proffering my pearls to swine, my throat to wolves and my trousers to the flagpole.

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