Unknown's avatar

About Pan Mohamad Faiz, S.H., M.C.L., Ph.D.

Pan Mohamad Faiz was born in Jakarta, Indonesia. He earned his PhD on Constitutional Law at the TC Beirne School of Law, the University of Queensland in Brisbane, Australia. Faiz has been working as a Researcher, Judicial Assistant and Speechwriter at the Indonesian Constitutional Court since 2005. He has a Bachelor of Laws degree from the University of Indonesia and Master of Comparative Laws degree, concentrating in comparative constitutional law, from the University of Delhi where he was fully supported by ICCR Scholarship. He has been invited to be a guest lecturer on constitutional law at the Faculty of Law, University of Indonesia and other Indonesian legal institutions since 2008. He was the Executive Secretary of the Expert Council of Indonesian Legal Scholars Association (ISHI) and a Legal Researcher at the Institute of Indonesian Law and Governance Development (IILGD) and at the Legal Center for Law and Information (The CeLI). In 2012 he became a Research Scholar at the Centre for Public, International and Comparative Law (CPICL) and commenced his PhD at TC Beirne School of Law, the University of Queensland. Early 2012 the U.S. Department of State awarded Faiz a premier professional exchange program known as the International Visitor Leadership Program (IVLP) for his outstanding achievement and contribution. Despite his achievement in academic area, Pan Mohamad Faiz is well known as a student activist both in national and international level. He was the President of Student Senate at Faculty of Law, University of Indonesia (2004-2005) and the President of Indonesian Student Association in India/PPI-India (2007-2008). He is also one of the founders of “Forum Lintas Generasi (FLG, Depok), Overseas Indonesian Students Association Alliance (OISAA, Sydney), and Institute of Indonesian Law and Governance Development (IILGD, Jakarta). Faiz also served as National President of Indonesian Students Association of Australia (PPI Australia) and Coordinator of Overseas Indonesian Students Association Alliance (PPI se-Dunia).

Lady Judges for Rape Victims

LADY JUDGES FOR RAPE VICTIMS: A FAIR DEAL?

Indian Government is all set to make it mandatory that only women judges will hear rape cases. However, the legal fraternity is divided on whether it will help the victims.

There is another move for the empowerment of women in Judicial System. This time it is the law doing its bit for the rape victims, in the form of the recent move to make it mandatory for rape cases to be tried only by women judges. The idea supposedly being to do away with the “tough questioning” that defence lawyers resort to in courts, normally presided over by male judges. But will this actually help women or is it just another cosmetic change? If we assuming that our systems, India and Indonesia, are biased and that rape victims do not get justice, then it will very help the victims to get the truly justice of them.

The law’s motive is clear – it wants to safeguards women from feelings of awkwardness and shame. A rape victim is already emotionally scarred, but with women judge around, they will feel more comfortable. The comfort level between two women is certainly more and a woman judge will definitely be able to empathise with the victim.

Some disagree opinions stated that it is not about who is sitting on trial, but what we should hope for is justice. However, it might give the victim a sense of ease, but a male judge can achieve that too. Whatever it’s a woman or a man the law remains the same.

We all have known that male judges who lead the rape cases, especially in Indonesia, often embarrass the victims with ridiculous questions. Therefore, lady judges might be a little sympathetic towards the victim, even which is not what the law demands.

In brief, I think this is more of a psychological strategy that will help women. And although men may be kinder, victims will feel more secure in the presence of women judges. Though a judge may deliver perceptional justice, a woman’s verdict will be more acceptable.

If this system will has been set up, the final question is why single out only rape victims – what about victims of dowry harassment and sexual assault? They should be judged only by women, shouldn’t they?

– Pan Mohamad Faiz –

First FLG Congress and Manifesto

FORUM LINTAS GENERASI

“Announcement of the First Congress and the
Manifesto of Youth and Indonesia Across-Generation”

The Forum Lintas Generasi will hold its first Congress in Depok, West Java, Indonesia, November, 8 – November, 10, 2006, with the theme “Moral & Cultural Aspects; Law, Power, Economics, & Politics: Heroes and Young People Role’s in this Democratic era. The Congress will be hosted jointly by the Forum Lintas Generasi, Student’s Executive Board of Law Faculty of University of Indonesia, Faculty of Law and the Centre for Women and Gender’s Studies, University of Indonesia.

Call for Papers and Paper Organizers

The Congress will address a number of related themes and issues pertaining to Heroes and Young People Role’s in this Democratic era, especially in the context of the relations between Moral & Cultural Aspects; Law, Power, Economics, & Politics processes which affect the every era of country as they pursue their various activities.

While the congress symposia are comparative in nature and ask for papers from all over the world, a major focus will be on issues particularly relevant to South and Southeast Asia, especially Indonesia. Here we are taking the papers from the International School scholar and International Organization Representative in Jakarta. In the historical development and contemporary situation in these regions, the Moral & Cultural landscapes are undergoing rapid change, and it has a different means in every place. Local populations, non-governmental and governmental agencies alike are faced with immense challenges posed by the plurality and differences point of view in Moral and Cultural means. Besides these issues, Heroes and Young People Role’s also play an important role in the organization and legitimating of governance, of social, political and economic relationships, and the administration of justice. Like meaning of heroes in differences of people point of view, in the context of globalisation, international and transnational rules and conventions as well as international actors, governmental and non-governmental organisations increasingly add to the earlier forms of complexity.

The Congress will attract participants from all over the world including people from various academic backgrounds, such as law, anthropology, sociology, development studies and gender studies as well as practitioners (social workers, NGO members, dispute mediators, legal advocates, planners, state officials, political activists, students or even squalid and homeless getting through their point of view) who in their work are confronted with these issues.

The Congress will address a number of issues that will form the core themes of the symposia and panels. The following outline is in the preparatory stages. The symposia and panels will be more closely focused in cooperation with panel organizers and the local organizing committee. Moreover, interested colleagues are invited to suggest additional proposals for panels, and proposals by participants from less developed countries as well as joint panels organized by northern and southern scholars, International School scholars and also International Organization Representative in Jakarta are very welcome.

Bahasa Indonesia is the official language of Indonesia. English is quite understood by most of Indonesian citizen. On this Congress, the stages will be asking by using English or Indonesia language. The participants may have either one of these language.

People who are interested in organising panels, either the ones listed below or new ones, are invited to notify the local organising committee latest by1st October, 2006. The panel organisers will be expected to submit the description (themes, issues, questions) of their panels for general information.

Abstracts of papers are to be submitted to panel organisers, with a copy to the local organising committee by 17th October, 2006. Completed papers are to be submitted to the panel organisers by 27th October, 2006.

Proposed symposia and panels for the congress

Symposium I: Theoretical and Methodological Issues
Panel 1: Moral & Cultural Problems in this Democratic era

Symposium II: Heroes and Young People’s Role in this Democratic era
Panel 1: Young People Roles in Devolution of Power and Legal Change
Panel 2: Globalization, Market and Law through the Young People’s Role

Symposium III: The Abolishment of this Nation’s Moral and Cultural Values in the Political Life of this Country
Panel 1: Moral Degradation and Cultural Consideration in the Decision Making Process and the Concrete Implementations in all Sectors
Panel 2: Young People and Good Governance(HS Dillon)
Panel 3: Achieving Millennium Development Goals

Organization
The conference will be hosted jointly by the Forum Lintas Generasi, Student’s Executive Board of Law Faculty of University of Indonesia, Law Faculty and the Centre for Women and Gender’s Studies, University of Indonesia.

The secretariat for the congress will be located in the Student Centre in Law Faculty of University of Indonesia, with Intan Hadidjah as the Executive Secretary.

Finance

The fee for Congress members is US $ 20 each. Accommodation for the congress members will be most probably in Makara Hotel located in the campus of University of Indonesia in Depok. The definitive choice of the hotels and their prices are still under negotiation. The probable costs will be around 45 US $ for a single room, and 56 US $ for a double room (US$ 28 per person), including accommodation and all meals. Further information will be provided in subsequent communication.

Travel and Participation Grants

There is a probability that the organising committee will find funding for a limited number of persons, especially from South and Southeast Asia, to attend both the congress. Those who wish to attend the congress are strongly advised to seek funding from their own sources, due to the limited funding available.

In addition to the grants for congress, there will hopefully be some funds for persons interested in presenting papers at the congress. These funds will be used to (co-)finance travel and accommodation costs of scholars and participants from less developed countries.

Important Deadlines

  1. Panel organizers to notify the local organizing committee (Paku Utama) of their intention to organise a panel (if possible with panel description – key themes, issues and questions) – October 1st, 2006.
  2. Panel description – Submission by panel organizers of panel description to the local organising committee – October 10th, 2006.
  3. Information regarding panels (organizers and description of panels) to be posted via email – October 17th, 2005.
  4. Submission of paper abstracts to panel organizers, with a copy to the local organizing committee – October 27th, 2006.
  5. Submission of papers – 1st November, 2006.

Contact Persons

Chairman of Forum Lintas Generasi
Paku Utama
Student Centre at Faculty of Law,
University of Indonesia
Tel: 08128427201
E-mail: bogiey_reptiles@yahoo.com
Forum Lintas Generasi Yahoo Groups: FLG_Indonesia@yahoogroups.com

Secretariat of Forum Lintas Generasi
Intan Hadidjah
Jalan Duren Tiga Buntu no 41, Kalibata
Tel: 08151641481/ 02193053827
Email: gotan_gorgeous@yahoo.com

Collecting for the papers can be sent to:

Paku Utama (Indonesia): bogiey_reptiles@yahoo.com

Intan Hadidjah (Indonesia): gotan_gorgeous@yahoo.com

Gisca Nuranissa (South-East Asia): geez_11@yahoo.com

Pan Mohamad Faiz (South Asia): pm_faiz_kw@yahoo.com

To learn more about Forum Lintas Generasi, please visit
http://groups.yahoo.com/group/FLG_Indonesia

Declaration of "Forum Lintas Generasi"

FORUM LINTAS GENERASI

DEMOCRATIC STUDY & PUBLIC EDUCATION
(Moral & Cultural Aspects: Law, Economics, & Politics)

Jakarta, January 2006

Basic Considerations

The atmosphere of democracy, which occurs after reformation, has continued to become more significant. When society is busy to explore the essence of democracy, we feel more problems emerge within the community. Those problems didn’t diminish, as a matter of fact, it becomes worse such as: the rising price of fuel which cause misery to society, famine and hunger-oedema diseases were everywhere, terrorism actions, natural disasters caused by government’s lack ness in action and policy, local political conflict in regional autonomy, bad relationship with neighbor countries, and our very eternal problem of corruptions which still added with our incapability to pay debts to IMF and other donors.

The root of these issues was no other than the abolishment of this nation’s moral and cultural values in the political life of this country. The law, economics, and politics failed to take the role as the instruments to improve society’s intelligent and welfare, and they were made as the commodities to reach and justify the interests of certain group of people which didn’t represent society’s need. Tragically, with so many internal problems haunting us, we seem to neglect and not paying attention on Globalization and the issues behind it. By still possessing a lack ness to address those severe harms, it is possible that one day it will backstab us and become a threat to the collapse of this nation of Indonesia, like we’ve already learned from what happened in Soviet Union and Czechoslovakia.

The main core of the troubles and threats to Indonesia were because we missed the moral and cultural considerations in the decision making process and the concrete implementations in all sector. The blast of political practice, law enforcement, and efforts to accomplish ideal society with prosperity and democracy, were then filled without this nation’s noble principle of moral and culture.

Based on those considerations we have the courage to establish this organization. Burdened with those noble mandates, we as young people who possess a care ness towards the changing of era, always strive to conduct many analysis and public education, in order to send the spirit of moral and cultural essence to fill and strengthen democracy in our beloved country.

Objectives

To educate and build a national identity which is based on the spirit of moral and cultural values, in the study and public education of law, economics, and politics.

Form of Activities of Forum Lintas Generasi

Monthly Activities
Conducting thematic dialogues and discussions with social figures from several elements such as: civilian, military, art and literature figure, educator, and religious leader, who own critical thinking and high credibility and integrity.

Annual Activities
Conducting open discussion in national scale named “Forum Lintas Generasi Convention” which will be held every November 10th in order to recall the Youth Pledge Day.

The Founders:

  • Paku Utama : Student of Faculty of Law UI 2004
  • Gisca Nuraissa : Student of Faculty of Law UI 2004
  • Mahareksa Singh Dillon : Student of Faculty of Law UI 2004
  • Lambertus Tukan Berto : Student of Germany Literature, FIB UI 2004
  • Alida Tadjoedin : Student of Leiden University (Bridging Program)
  • Pan Mohamad Faiz : Postgraduate Student of Faculty of Law, University of Delhi (Master of Comparative Law)

* The Advisors:

  • Abdurahman Saleh
  • Abdurrahman Wahid
  • Adi Sasono
  • Adnan Buyung Nasution
  • Aida Ismet
  • Ali Sadikin
  • Arief Rachman
  • Arif T. Surowijoyo
  • BJ Habibie
  • Faisal Basrie
  • Frans Magnis Suseno
  • Goenawan Mohammad
  • H.S. Dillon
  • Hariman Siregar
  • Hikmahanto Juwana
  • Iwan Fals
  • Jakob Oetama
  • Jimly Ashiddiqie
  • Karni Ilyas
  • Marie Muhammad
  • Mas Achmad Santosa
  • Nono Anwar Makarim
  • Rizal Ramli
  • Sutanto
  • Sutiyoso
  • Taufik Ismail
  • Todung Mulya Lubis
  • Wikrama I Abidin
  • Winarno Surachmat

* We are trying to confirm them all soon. Not all of them have confirmed this.

DECLARATION of FORUM LINTAS GENERASI

The core of the problems and threats to Indonesia were because we missed the moral and cultural considerations in the decision making process and the concrete implementations in all sector. In the end, democratization was filled without this nation’s noble principle of moral and culture.

Based on those considerations we have the courage to establish this organization. Burdened with those noble mandates, we as young people who possess a care ness towards the changing of era, always try to conduct many analysis and public education, in order to send the spirit of moral and cultural essence to fill and strengthen democracy in our beloved country.

14 Januari 2006

M.C.L & LL.M. Student at University of Delhi

HOW TO BE AN M.C.L. OR LL.M. STUDENT
AT FACULTY OF LAW, UNIVERSITY OF DELHI

This programme is meant only for foreign nationals with foreign law degrees. In all, not more than ten students shall be admitted to this programme. Not more than two students from one country will ordinarily admitted to this programme. This admission shall be made according to meant and shall be closed along with admission to LL.M. Programme.

A foreign national, who has obtained a Degree of Bachelor of Laws or any other Law Degree from one country other than India with not less than 50% marks, which entitles him to practise in his own country, may be admitted to the Programme of Master of Law to be known as Master of Comparative Law. The students admitted to the M.C.L. Programme shall be required to take the courses prescribed for the two-year LL.M. Programme in I/II./III/IV Term including the dissertation and all other conditions regarding the requirement of attendance, promotion, etc. shall mutatis mutandis be the same as for the two-year LL.M. Programme except that the Dean, in his discretion, may permit a student of M.C.L. to submit research paper/papers in lieu of the written examination in anyone or more of the course of studies offered by him. A decision to this effect must be taken and announced within a month from the commencement of each Term. The candidates must submit the research paper/papers to the Controller of Examinations through the Dean before the end of the Term, that is, 15th December or 30th April, as the case may be.

The candidate seeking admission to the M.C.L. Programme should produce along with his/her application the following documents:

  1. Attested true copy of the University Marks Certificates for LL.B I, II and III years (of all Terms) examinations showing the percentage of marks and division obtained;
  2. Attested true copy of the LL.B. Degree or the Provisional LL.B. Certificate of the University from which he/she has passed the LL.B. Degree Examination.

Since the medium of instruction and examination in M.C.L. Programme is English language, no one will be admitted to this course unless he/she is found proficient in English language. It is desirable that the candidate for M.C.L. Programme should have received his earlier education in law or education in the under-graduate degree Programme or at the senior secondary level through English medium.

A foreign national with foreign with foreign law degree may be awarded LL.M. Degree if he/she fulfils all the requirements prescribed for such degree in all respects but such a student will not he required to appear in LL.M. Entrance test for the purpose of his/her admission.

Age Requirement
A candidate who does not complete 22 years of age before 1st October of the year in which admission is sought shall not be admitted to the M.C.L. first year programme.

How to Apply
A foreign national seeking admission to M.C.L. Programme must apply through the Foreign Students Advisor, Faculty of Management Studies, University of Delhi, Delhi-110007. No application for admission shall be entertained unless the same is received by the Convenor, Admission Committee latest by 22 July, 2006.

Fees
The candidates selected for admission shall be required to pay registration fee of US$ 200 besides all other fees payable by LL.M. two-year Programme students (Rs. 7.629).

Payment of Fees

  1. Fees and other dues as given below must be paid by the candidates selected for admission by the dates in the manner prescribed by the Admission Committee, Faculty of Law. If a candidate fails to pay the fees by the prescribed date, his/her selection for admission will automatically stand cancelled and the vacancy so caused shall be filled up from the candidate next in order of merit. An extension for payment of fee may be allowed either generally or on the request of any candidate by an order in writing by the Convenor, Admission Committee subject to availability of seats.
  2. If any student after taking admission to LL.M. First Year Programme wishes to discontinue his/her studies, he/she must inform the Dean, Faculty of Law in writing immediately for the removal of his/her name from roll, otherwise he/she will be required to pay the dues till the date his/her name is removed by the office of the Dean, Faculty of Law for non-payment of dues so accrued.

For further information please contact Mr. Pan Mohamad Faiz (Indonesia), Student of M.C.L. Programme at Faculty of Law, Delhi University through Mobile: +919818547489 or just send an e-mail to: pm_faiz_kw@yahoo.com / faiz@mahkamahkonstitusi.go.id. ۩

New Delhi, August 2006

Pan Mohamad Faiz
(http://www.faizlawjournal.blogspot.com/)

[1] The exchange rate for US$ 1 normally Rs. 45.00.