Faculty of Law Universitas Gadjah Mada Lecturers Attended Forum on China-ASEAN Procedural Law and Relevant Series of Academic Activities in Guangxi University for Nationalities, Guangxi, Nanning, China
In early December 2017, the “China-ASEAN Jurists Association and China-ASEAN Law Forum” was held by the China Law Society at Nanning, Guangxi, China. Guangxi University for Nationalities Law School is entrusted by the Chinese Law Society to invite scholars from prominent law school to attend the academic conference. Two lecturers from Faculty of Law Universitas Gadjah Mada, Sartika Intaning Pradhani and Mahaarum Kusuma Pertiwi were invited to attend Forum on China-ASEAN Procedural Law and relevant series of academic activities. This forum is conducted in GuangXi University for Nationalities, Guangxi, Nanning, China on Tuesday, 12th December 2017.
This forum were attended by scholars from China, Vietnam, Myanmar, Cambodia, Laos, Thailand, Philippines, Malaysia, Singapore, and Indonesia, such as Guizhou Minzu University, Hanoi University, Myitkyina University, Royal University of Phnom Penh, Chulalongkorn University, Ciang Mai University, Malaysia Multimedia University, and others. This forum discussed about China-ASEAN administrative procedural law, arbitration mechanism, civil procedural law, and criminal procedural law. Each participant in this forum represented his/her own country to speak about lawsuit system in the country. Sartika Intaning Pradhani presented her paper about “the Development of Administrative Litigation: Study from Court Decision on Cement Industry Permit in Kendeng Mountain Area, Rembang and Pati, Indonesia”. This presentation was inspired from the struggle of Rembang women for their environment and livelihood. In her presentation, Sartika said that in Rembang Case and Pati Case which brought before the Supreme Court, both are decided by two between three same judges. In Rembang Case, the Court nullified the Governor Decision by considering the Good Governance Principles (GGP) violated by the Governor; while in Pati Case, the judges did not consider any GGP and more focus on legal formal issue. Sartika concluded that learning from these two similar cases, it’s difficult to predict what Administrative Litigation will decide because even the same judge will have different paradigm to decide similar cases. Mahaarum Kusuma Pertiwi presented her presentation about “Indonesia’s Administrative Litigation and the Implementation of the Constitution”. In her presentation, she explained about what were the differences between rechtstaat and rule of law and how the role of judiciary in the development of Indonesian Law today. SIP
