Hotman/Maybank’s challenge to Winda

There is the court of law and there is the court of public opinion.

The victor in the court of law is, theoretically at least, the party that has evidence and is on the right side of the law. The scales of justice are tipped by well-reasoned legal arguments and proof.

Victory in the court of public opinion has two paths.

The more difficult path is for the party to persuade the audience with well-constructed legal and moral arguments that appeal to the mind as well as the heart.

Hotman’s challenge, as reported in Detik Finance.

The second is an easier path, that of demagoguery. As we have witnessed with Trump, in such instances facts do not matter, morality and character do not matter; what matters will be the ability of the party to bully, threaten, interrupt, shout down and make all sorts of accusations against their adversary. Force of personality plays a large part.

It is interesting that the famous Hotman Paris — who is now representing Maybank in a case in which e-sports star Winda Lunardi and her mother allege that the branch manager had embezzled them of Rp22 billion, and in which Maybank has refused to take any responsibility to compensate them — now wants to shift the case to a court of very public opinion.

Why is he doing so?

Apart from all the free publicity he would get if a TV station was to take up his offer of having all parties – with their lawyers present, of course – duke it out on prime time, there is the prospect that he could put his powers persuasion to work no win the case.

But which path do you think he will take? That of moral suasion or that of demagoguery?

Asinine Asshiddique backing instead of damning Daming

The law is bound to be an ass when its highest judges exhibit asinine behaviour. Here we have Jimly Asshiddiqie, the former head of Indonesia’s Constitutional Court ,an institution that is supposed to exercise wisdom in the upholding and protection of Indonesia’s most important document, its Constitution, saying: “It’s part of  our culture to treat women inappropriately,”? 

Jimly’s thinks the Judicial Commission should therefore have gone easy on Daming by a mere rap of the knuckles instead of wanting his resignation.

Asshiddiqie Proud of our culture

In this instance, the Judicial Commission is totally correct in demanding his dismissal. Daming has, abover all things, shown poor judgement – a fatal flaw for a judge. There is no way a modern Indonesian society can have confidence in the Judiciary and the law if people like him remain in office. Jimly wins a shit-for-brains tag for his statement.

Former Constitutional Court chief backs Daming over rape joke | The Jakarta Post

Former Constitutional Court chief justice Jimly Asshiddiqie slammed the Judicial Commission’s (KY) decision to dismiss Supreme Court justice hopeful Muhammad Daming Sunusi over an insensitive rape joke.

“Dismissing him is overboard [Daming] as he has apologized for his slip of the tongue. Daming is an example of Indonesian men. It’s part of  our culture to treat women inappropriately,” Jimly said on the sidelines of a meeting at the House of Representatives on Wednesday.

However, Jimly added, Daming should still be punished for making such a controversial statement in public because he was applying for an important position at the Supreme Court.

Daming, current head of the Banjarmasin High Court in South Kalimantan, caused a national uproar last week after he said that once elected a Supreme Court justice, he would be lenient on rapists because they and their victims might have enjoyed intercourse.

Following his remarks, the KY decided to strip Daming of his position for breaching the judicial code of ethics.

Onliners 1: Minister 0

Tifatul Sembiring made a debut as Indonesian Information Minister by courting bloggers. Two days after his appointment as minister he accept an impromptou invitation and showed up at Pesta Blogger 2009 to open the event.

tifatul sembiring by wongbagoes.

There he promised freedom of expression – with the usual caveat about responsibility. Since then he’s been Twittering furiously and won some admiration from the online community for being technically savvy, compared to the other politicians.


Lately, however, he’s been under heavy attack from the onliners in blogs, Twitter and Facebook about the attempt to have the draft law on multimedia content (known locally as RPM Konten) passed. The law is offensive to onliners as it makes the carrier or provider of the infrastructure, rather than the content generator, liable to prosecution. So if, say, you run a forum and someone posts something offensive or something indecent on the forum you get slapped with the law, not the person posting it.

This resulted in the onliners creating such a racket that this morning President SBY in the Cabiner meeting rapped Tifatul Sembiring on the knuckles by asking his inisters to not jump the gun and to exercise caution before giving statements to the public about sensitive issues.

That is Indonesian politician-speak for “you goofed up.”

Hence the statement from Tifatul below that he woul cancel the draft law if it was considered to be restricting the press.

Tifatul also sai that he’s not read the draft. That’s a bit difficult to believe because he was heard speaking to the BBC that he’s read it.

That’s a minor point though. The real point here is that Indonesia has a vibrant democracy where the onliners, the e-chattering classes, can cause a minister to be rapped on the knuckles by the president.

Now let’s see Malaysia get so democratic. Can’t imagine the bloggers in Malaysia forcing Rais Yatim to do a climbdown.

Multimedia Content Draft Will be Canceled if Press Freedom Threatened: Minister

Communication and Information Minister Tifatul Sembiring has said he would cancel the draft on multimedia content if it was considered to be restricting the press.

Tifatul made the statement upon landing in Jakarta from Sweden on Friday for a meeting with a number of cellular phone companies.

“If the draft is restricting the press, I will automatically erase it,” Tifatul told Kompas.

He said the draft had been in the process of being written since 2006, so it was possible that the draft was not in accordance with the present developments. He said that he had never received any report that the draft was about to be launched.

The multimedia content draft had sparked criticism and protests from Indonesian politicians, internet communities and the House of Representatives over concerns that it might violate freedom of expression.

President Susilo Bambang Yudhoyono also discussed the draft in Thursday’s cabinet meeting. He asked his ministers to not jump the gun and to exercise caution before giving statements to the public about sensitive issues.

via Multimedia Content Draft Will be Canceled if Press Freedom Threatened: Minister – The Jakarta Globe.

Low hanging fruit?

The Indonesian Police Force must be so proud of themselves for bringing the bunch of boys below to justice. The boys had been illegally shining shoes and begging at the airport.

Children prayer: Ten children, who were arrested for allegedly gambling at Soekarno-Hatta International Airport, wear masks as they pray before standing trial at Tangerang District Court on Monday. The children have been in police custody for over a month. JP/Multa Fidrus
Children prayer: Ten children, who were arrested for allegedly gambling at Soekarno-Hatta International Airport, wear masks as they pray before standing trial at Tangerang District Court on Monday. The children have been in police custody for over a month. JP/Multa Fidrus (via The Jakarta Post)

Such zeal in enforcing the law and bringing the bad guys to justice, however, do not extend to other suspected criminals such as Joko Tjandra, who was last seen boarding a private plane for Papua.

53377AD887B3CB54DF38520D0FA.jpg

A case of the Police harvesting low hanging fruit?

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