INTRODUCTION TO INDONESIAN LAW
CDU 23-28 January
A. Take Home Exam
Below there are 12 topics on Indonesian law which reflect the topics covered in this course. Choose seven (7) of these topics and answer each topic in 500 words for a combined word count of 3500. See the Unit Outline for more information, in particular the assessment criteria on page 18.
WARNING: The CDU law school takes plagiarism extremely seriously. An instance of plagiarism can have dire consequences for applicants for admission to legal practice. Your submitted work will be checked for plagiarism, so donŸt take the risk.
1. International Law in Indonesian Law
Discuss the challenges faced by Indonesia due to its unclear position on how international law will be implemented in its domestic law.
2. Indonesian Customary Law (Adat Law)
What are the differences between Custom and Adat Law, and in what circumstances does Custom become Adat Law in Indonesia?
3. Indonesian Business Law
Discuss the differences between Civil Law and Business Law in Indonesia. Is one of them more general than the other? Include in your answer an example from Indonesia to support your answer.
4. Indonesian Intellectual Property (IP) Law
Mel has been using the mark of ABC for his soya sauce product for 5 years. As MelŸs product is of a very good quality, excellent taste and is sold at a reasonable price, ABC has established a strong repution among the Indonesian public. Recently Mel has found that Gibson, one of MelŸs competitors, is also using ABC to market juice drinks and syrup. Both Mel and Gibson come to you to arbitrate their problem. Write your reasoning and decisions based on relevant Indonesian law.
5. Civil Law
Explain legal pluralism as it exists in Indonesian Civil Law. How does such pluralism benefit Indonesian people?
6. Criminal Law
What are the issues of having a legality principle in the middle of legal pluralism in Indonesia especially in regard to criminal adat laws? Discuss both advantages (if any) and disadvantages (if any).
7. Procedural Law
Considering the nature of a sworn statement, do you agree or disagree with the use of sworn statements as a mean to prove a case in Indonesia? Support your arguments with examples.
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