Sunday, October 10, 2010

SBY & Kort Geding (Interlocutary Process)

SBY cancelled his trip due to an interlocutary process, kort geding, in Dutch court. Last Thursay he even cited saying that the Dutch court handled the case unethically in setting a hearing for the day after it was filed.

In a Kort geding, it is very normal to have a hearing the day after it was filed, because as the name suggested, it's a speedy court process, to settle urgent matters, such as to end a strike or to have decision regarding patient's medical needs. As it happens, it can take place even on Sunday when needed, and it can also take place outside the court house. Most of the time the judge can immediately give his ruling.

Indonesian Law is based on Dutch Law, but we dont have a similar procedure as a kort geding. That's I think why SBY was missing the point. He and his crew saw it as a normal process such as the one in Indonesia. They are too preoccupied with their Indonesian way of thinking and dealing, and they oversight that it was about Dutch Law, which had similar background but have been evolving and maturing more than Indonesian Law.

Seriously, SBY needs to surround himself with people who are knowledgeable, not just yes-men or some parties members of the coalition. He needed to have at least someone who know how to use wikipedia, because you can read at wiki what kind of animal kort geding is.


colson said...

Madame, I do stand in awe once more.

Not only you write Dutch fluently, you also know the characteristics of our Judiciary. I'm not absolutely sure, but I guess you are about the first one to hit this nail on the head.

Now you've put it in print I see the peculiarities of 'Kort Geding' may have been at the root of all the fuzz. It is a pity SBY misunderstood and the Dutch foreign minister hasn't been able to explain this specific process.

triesti said...

Hey, living in NL for ages taught me a thing or two, plus reading lots of legal stuff helps. It's a pity, despite a generation of Indonesian lawyer doing their LLM in NL as of late, most Indonesian lawyers these days are clueless about Dutch system which we were based on, most dont even understand written Dutch.