Legal Education:Potential Collaboration

Between Indonesia and Thailand

Amzulian RifaiAmzulian Rifai

DeanLaw School

SriwijayaSriwijaya University University

Indonesia and Thailand: “original” state members of The Association of Southeast Asian Nations Moral

Obligation----- THINK ASEANTHINK ASEAN

Indonesia Indonesia Thailand Thailand

““Similarities”Similarities”

Cultures

Proud of National Language

““Legal Problems” Legal Problems” (we are (we are

brothers)brothers)

““Legal Problems”Legal Problems”

Law Enforcement

Legal EducationLegal Education

Legal EducationLegal Education

Our Personal ExperienceOur Personal Experience

Law Faculty is not the first choice (changing)Law Faculty is not the first choice (changing)

Lack of International ExperienceLack of International Experience

English is not the first languageEnglish is not the first language

International Cooperation is CrucialInternational Cooperation is Crucial

FOCUS In the past FOUR (CRISU-CUPT) FOCUS In the past FOUR (CRISU-CUPT) Conferences:Conferences:

Global WarmingGlobal Warming

Disaster ManagementDisaster Management

Alternative EnergyAlternative Energy

BiotechnologyBiotechnology

NanotechnologyNanotechnology

5th Conference: Law Faculty with a plan of action5th Conference: Law Faculty with a plan of action

Legal Education:Potential Collaboration

Legal Education:Potential Collaboration

1.1. Joint Legal Research and publicationJoint Legal Research and publication

Legal “international” research and publication are poor.

Law schools of two countries could work together to

strengthen their skill

Social Science Publication (1996-2008):

Indonesia and Thailand combine : 1,248

Singapore aloneSingapore alone : 2,351: 2,351

2.2. Exchange Program for scholars and studentsExchange Program for scholars and students

International experience is important for academic

staffs for both countries. There should be a

program where staffs and students have

opportunity to stay for a period of time.

3. 3. A Moot Court competition A Moot Court competition

A moot court is an activity in which participants take A moot court is an activity in which participants take

part in simulated court proceedings, usually to include part in simulated court proceedings, usually to include

drafting briefs and participating in oral argument. drafting briefs and participating in oral argument.

Moot court does not involve actual testimony by Moot court does not involve actual testimony by

witnesses or the presentation of evidence, but is witnesses or the presentation of evidence, but is

focused solely on the application of the law to a focused solely on the application of the law to a

common set of evidentiary assumptions to which the common set of evidentiary assumptions to which the

competitors must be introduced.competitors must be introduced.

4. Legal Opinion Competition

Legal Opinion is the legal document stating the reasons

for a judicial decision (A Lawyer crucial skill)

Law schools may have joint program organizing legal

opinion competition for Indonesia and Thai law

students. It is hoped that this competition will improve

the students’ skill in analyzing legal documents.

1. 1. Different Legal SystemDifferent Legal System

Indonesia’s legal system reflects its pre-colonial, Indonesia’s legal system reflects its pre-colonial,

colonial and post-independence history and colonial and post-independence history and

multicultural diversity. multicultural diversity.

The Indonesian legal system based on Roman Dutch The Indonesian legal system based on Roman Dutch

law, customary law, and Islamic law. law, customary law, and Islamic law.

After Indonesia declared independence in 1945, the After Indonesia declared independence in 1945, the

Indonesian government began establishing a national Indonesian government began establishing a national

legal system based on cultures and justice.legal system based on cultures and justice.

ChallengesChallenges

2. 2. LanguageLanguage

English is not an official language for most law schools English is not an official language for most law schools

in both countriesin both countries

Legal English required high standard of English, Legal English required high standard of English,

especially in conducting international research, especially in conducting international research,

publication and Moot Court Competitionpublication and Moot Court Competition

ConclusionConclusion

Beside the challenges, Indonesia and Thailand Law Schools

share common interest and responsibilty in order to improve

the quality of students and lecturers of both countries.

Those challenges can be faced if the people of two nations

have both commitment and the ability to identify the

challenges and prepare to approach them.

Dean of Law schools of both countries should come with a

plan of action (further discussion is needed)...