1. There was a couple of husband and wife , involved in a dispute about the ownership of propery after they were divorce and this dispute was brought to the court. The judge offered the parties mediation before they bring this case to the court. Then , they accepted the judge’s suggestion and the judge also take part as the mediator. One day, the meditor met the husband and gives the clue to win the case. The court began tomorrow... .
Please analyze the case and give your legal opinion with relating to responsibility of mediator profession !
Legal Fact :
The mediator gave the husband advice and clue to win the case
Legal Issue:
Could a mediator give any clues or other things to help one parties win the case?
Regulation:
Article 3 and Article 9 Mediator Code of Conduct
Analyzing:
According to Mediator Code of Conduct, in Article 3 said that “A mediator in carrying his duty must be impartial to either party.” In this case case that mediator has violated that provision with making approcahing with the husband and give the clue to win the case. And was also stated in Article 9 that “During the mediation , mediator strictly prohibited hold a special relation which related to the case.” This provision was also broken y the mediator by hold a meeting with either parties.
Conclusion:
That mediator didn’t act in accordance with the profession code of conduct and should be given appropriate sanction.
2. Mr. A works as an Arbitor in BAPMI ( The National Body of Indonesia Capital Market Arbitor). Mr x handled a case of Acquisition of PT B. Mr. A knew that that Acquisition will bring the bad impact to stock indeks of PT B in Indonesia Stock Exchange. So, Mr A told his broker in Indonesia Stock Exchange to sell all of stock in PT B.
Please analyze the case and give your legal opinion with relating to responsibility of arbitor profession !
Legal Fact :
The Arbitor knows about the condition of PT B company and told his broker to sell out all of the stocks in PT B.
Legal Issue:
Is the that arbitor action can be justified?
Regulation
Arbitor Code of Conduct and Capital Market Regulation
Analyzing:
If we take alook to Arbitor Code of Conduct in Article 1 (J) “An arbitor has to keep maintain the confidentiality of the data dan information received , known, and obtained from the parties in connection with the case which was settled through Arbitration.” From this provision, I could say that arbitor is not justified to give any infomation and use that information from the cases to get personal benefit. Moreover, the act of that arbitor can also be categorized as insider trading in capital market which make transaction based on material information obtained which there is relation on stock price of a company.
Conclusion:
Those Arbitor broke the provision of his profession code of conduct and Capital Market regulation dan should get sanction.
3. Airin is an elected Mayor in Tangerang Selatan by the decision of Regional Electoral Commission. As we have known that Airin also served as a public notary in her region.
Legal Fact:
Airin served as Mayor in Tangerang Selatan and also served as a notary
Legal issue:
Could she serve concureently?
Analyzing:
In article 7 (d) Notary Regulation stated that “ A Notary must not serve as patublic official concurrently”. It means to carry out her duty as mayor , then she should take “vacuum” status for her notary. This is should be done to uphold the dignity of a notary because notary is a noble profession which called officium nobile, and prevent confict of interest both based on personal gain.
Conclusion :
Airin has to take leave of her notary during her mayor period.
4. Recently, was found many judge get taking bribed for wining some cases.
a. Please explain the term of Panca Dharma which has to obeyed by all of Judges!
Kartika : Trust in God and act on behalf of God
Cakra : Uphold justice
Candra : Wise and respectable
Sari : Virtuous and good character
Tirta : Honest
b. Please attach the case with those terms !
That judge broke the term of Tirta which means ”Honest”. He has been not be honest to himself to settle the case and to the injured party and also he broke the term of Cakra because the judge’s decision is not according to the legal fact but has been influnced by the bribes.
5. Analyzing your group’s videos dan give legal opinion !
Tidak ada komentar:
Posting Komentar