Sunday, May 4, 2008
Monday, October 15, 2007
INDUSTRIALISASI ADVOKAT DI INDONESIA
Advocate is officio nobile, masih terlintas di pikiran Saya sampai sekarang sewaktu membaca artikel menarik mengenai profesi hukum yang satu ini di salah satu majalah terbitan ibukota. Saat itu Saya masih kuliah di fakultas hukum di salah satu universitas negeri di kota Malang. Sangat menarik bagi Saya karena tidak memungkiri bahwa nama tenar, harta melimpah, semua melekat pada profesi ini.
Saya kemudian membaca artikel lain yang mana menyebutkan asal-usul pengacara adalah “pretor” di jaman kejayaan Romawi. Mereka (para pretor) ini membela manusia yang disangkakan bersalah sebelum ada putusan dari Raja. Hakikat fungsi pretor ini mirip dengan advokat/pengacara di jaman modern, karena dalam hukum pun terdapat istilah “presumption of innocence”, inilah istilah yang selalu didengung-dengungkan dalam dunia kepengacaraan.
Keadaan menjadi berubah di jaman modern, advokat telah menjadi “sebuah industri yang sangat menjanjikan di masa modern”, terlebih kalau di negara Indonesia ini yang sedang giat-giatnya memberantas korupsi, semua tersangka koruptor berhak mendapatkan perlakuan hukum yang semestinya dan pembelaan terbaik dari seorang atau pun beberapa orang pengacara, jadi banyak sekali tersangka koruptor yang memerlukan bantuan pengacara. Pendapat itu Saya anggap memang relatif kebenarannya. Berpijak dari sistem menjadi advokat yang dijalankan oleh PERADI (Perhimpunan Advokat Indonesia) sebagaimana diamanatkan oleh Undang-Undang Nomor 18 tahun 2003 tentang Advokat, dari awal proses telah terjadi industrialisasi. Sebagaimana yang Saya ketahui, sejak Pendidikan Khusus Profesi Advokat dibuat, baik yang diselenggarakan oleh IKADIN, AAI, IPHI, telah terjadi komersialisasi terhadap PKPA (Pendidikan Khusus Profesi Advokat). PERADI sebagai organisasi tertinggi advokat (walaupun masih kontroversi) menetapkan bahwa biaya untuk menempuh pendidikan profesi itu sebesar Rp. 3-5 juta, belum lagi biaya ujian advokat sebesar Rp. 700 ribu. Maka tak heran banyak pengacara hanya mengejar materi yaitu dengan cara apapun berusaha meraih kemenangan termasuk menyuap polisi, jaksa maupun hakim. Bukanlah keberanian berdebat argumentasi hukum secara logis, namun hanya mangandalkan lobi-lobi yang tidak jelas, sehingga kongkalikong dengan aparat penegak hukum tersebut tidak menciptakan proses beracara yang benar (terkesan asal-asalan pokoknya jadi pengacara) dan fair trial court. Terlebih lagi penyelesaian sengketa di luar pengadilan (alternative dispute resolution) yang belum populer di masyarakat semakin mendorong lahirnya advokat-advokat yang tahu hakim bukan advokat-advokat yang tahu hukum. Padahal di dalam ADR, mekanisme penyelesaian sengketa tidak berbelit-belit dan kongkalikong antara para penegak hukum itu bisa diminimalisir. Namun ADR tak luput dari kelemahan, yaitu mekanisme penyelesaian sengketa yang tidak berbelit-belit tidak menjamin bahwa perkara tersebut bisa cepat selesai karena tergantung pada beberapa hal salah satunya proses negosiasinya mudah atau sulit antara para pihak bersengketa itu.
Kelemahan lainnya adalah ADR dapat dilaksanakan hanya terbatas pada perkara perdata, sedangkan perkara pidana, perkara tata usaha negara maupun perkara di luar hukum perdata, menurut Saya tidak mungkin dilaksanakan karena dapat menghancurkan proses beracara yang sudah ada. Sebagai contoh: kalau perkara pidana di ADR-kan, polisi, jaksa, hakim, terdakwa, pengacara akan terlibat proses lobi (negosiasi harga) yang mendorong terjadinya saling suap dan berakibat semakin maraknya korupsi.
Permasalahan mengenai dunia advokat di Indonesia tak hanya sampai disitu. PERADI (Perhimpunan Advokat Indonesia) yang baru saja berdiri setelah adanya Undang-Undang Nomor 18 tahun 2003 tentang Advokat, masih saja dipertanyakan legitimasinya oleh advokat-advokat yang sudah berpraktek puluhan tahun seperti Adnan Buyung Nasution maupun advokat-advokat muda yang baru lulus ujian PKPA (Pendidikan Khusus Profesi Advokat). Tentu saja keabsahan PERADI tidak dipertanyakan oleh advokat-advokat yang duduk sebagai pengurus dalam organisasi tersebut. Tak hanya legitimasi PERADI yang dipertanyakan, kesimpangsiuran standar nilai kelulusan ujian advokat pun menyisakan masalah.
Sebenarnya industrialisasi advokat ini memang tidak dapat dielakkan, mengingat era globalisasi telah ada di hadapan semua orang termasuk advokat, ungkapan kasarnya kurang lebih “Advokat pun butuh uang untuk makan”. Namun bukan berarti bahwa pengacara hanya tahu hakim ‘kan?
Industrialisasi advokat ini sangat kentara bila para advokat itu berkecimpung di bidang hukum bisnis. Sebagaimana masyarakat ketahui bahwa bisnis erat sekali hubungannya dengan uang dan dalam menjalankan bisnisnya, seorang pengusaha pun harus mengetahui aspek-aspek legalitas pendirian perusahaan dan legalitas dalam menjalankan perusahaan. Dalam memberikan konsultasi hukum biasanya tarif sudah ditentukan terlebih dahulu. Bila ada perusahaan dengan legalitas cacad, maka yang berhak disalahkan adalah para konsultan hukum (biasanya advokat pun dapat berperan sebagai konsultan hukum) di negeri ini karena telah memberikan konsultasi hukum yang salah. Tapi mana yang lebih penting bagi orang-orang Indonesia kebanyakan, tarif atau konsultasi yang benar? Rupanya orang-orang kita lebih senang “kejar setoran” daripada “konsultasi yang benar”. Dapatkah konsultan hukum diperkarakan karena memberikan konsultasi yang salah? Sudah barang tentu dapat. Lalu dapatkah mereka melobi jaksa, hakim, polisi? Sudah barang tentu…? Menariknya belum banyak beredar di madia massa mengenai konsultan hukum yang bermasalah dengan hukum sendiri. Kalau pengacara memang lebih banyak terkena kasus karena mereka terkadang berperan juga sebagai “mafia peradilan”. Namun kasus konsultan hukum ini kurang terblow-up media. Pengawasan yang sangat kurang sekali di intern body asosiasi-asosiasi profesi hukum menjadi salah satu faktor pendukung tumbuh suburnya “black officio-officio nobile”. Jadi Saya pelesetkan para pengacara itu tidak berkecimpung di “hukum bisnis”, namun “bisnis hukum”.
Pikiran-pikiran dangkal mencari uang tidak hanya di dunia advokat, namun merambah ke dunia kedokteran Indonesia. Profesi hanya sebagai simbol kebanggaan dan banyaknya angka gugatan mal praktek di dunia kedokteran Indonesia menjadi salah satu buktinya. Hal ini lebih makro menjadi cermin dunia pendidikan Indonesia. Pertanyaan singkat: Burukkah pendidikan di Indonesia? Atau mahasiswa-mahasiswa Indonesia yang malas belajar? Kalau ingin mencari uang, ya jadi pebisnis saja, jangan profesi-profesi ilmiah seperti itu. Betulkan…?
Saya kemudian membaca artikel lain yang mana menyebutkan asal-usul pengacara adalah “pretor” di jaman kejayaan Romawi. Mereka (para pretor) ini membela manusia yang disangkakan bersalah sebelum ada putusan dari Raja. Hakikat fungsi pretor ini mirip dengan advokat/pengacara di jaman modern, karena dalam hukum pun terdapat istilah “presumption of innocence”, inilah istilah yang selalu didengung-dengungkan dalam dunia kepengacaraan.
Keadaan menjadi berubah di jaman modern, advokat telah menjadi “sebuah industri yang sangat menjanjikan di masa modern”, terlebih kalau di negara Indonesia ini yang sedang giat-giatnya memberantas korupsi, semua tersangka koruptor berhak mendapatkan perlakuan hukum yang semestinya dan pembelaan terbaik dari seorang atau pun beberapa orang pengacara, jadi banyak sekali tersangka koruptor yang memerlukan bantuan pengacara. Pendapat itu Saya anggap memang relatif kebenarannya. Berpijak dari sistem menjadi advokat yang dijalankan oleh PERADI (Perhimpunan Advokat Indonesia) sebagaimana diamanatkan oleh Undang-Undang Nomor 18 tahun 2003 tentang Advokat, dari awal proses telah terjadi industrialisasi. Sebagaimana yang Saya ketahui, sejak Pendidikan Khusus Profesi Advokat dibuat, baik yang diselenggarakan oleh IKADIN, AAI, IPHI, telah terjadi komersialisasi terhadap PKPA (Pendidikan Khusus Profesi Advokat). PERADI sebagai organisasi tertinggi advokat (walaupun masih kontroversi) menetapkan bahwa biaya untuk menempuh pendidikan profesi itu sebesar Rp. 3-5 juta, belum lagi biaya ujian advokat sebesar Rp. 700 ribu. Maka tak heran banyak pengacara hanya mengejar materi yaitu dengan cara apapun berusaha meraih kemenangan termasuk menyuap polisi, jaksa maupun hakim. Bukanlah keberanian berdebat argumentasi hukum secara logis, namun hanya mangandalkan lobi-lobi yang tidak jelas, sehingga kongkalikong dengan aparat penegak hukum tersebut tidak menciptakan proses beracara yang benar (terkesan asal-asalan pokoknya jadi pengacara) dan fair trial court. Terlebih lagi penyelesaian sengketa di luar pengadilan (alternative dispute resolution) yang belum populer di masyarakat semakin mendorong lahirnya advokat-advokat yang tahu hakim bukan advokat-advokat yang tahu hukum. Padahal di dalam ADR, mekanisme penyelesaian sengketa tidak berbelit-belit dan kongkalikong antara para penegak hukum itu bisa diminimalisir. Namun ADR tak luput dari kelemahan, yaitu mekanisme penyelesaian sengketa yang tidak berbelit-belit tidak menjamin bahwa perkara tersebut bisa cepat selesai karena tergantung pada beberapa hal salah satunya proses negosiasinya mudah atau sulit antara para pihak bersengketa itu.
Kelemahan lainnya adalah ADR dapat dilaksanakan hanya terbatas pada perkara perdata, sedangkan perkara pidana, perkara tata usaha negara maupun perkara di luar hukum perdata, menurut Saya tidak mungkin dilaksanakan karena dapat menghancurkan proses beracara yang sudah ada. Sebagai contoh: kalau perkara pidana di ADR-kan, polisi, jaksa, hakim, terdakwa, pengacara akan terlibat proses lobi (negosiasi harga) yang mendorong terjadinya saling suap dan berakibat semakin maraknya korupsi.
Permasalahan mengenai dunia advokat di Indonesia tak hanya sampai disitu. PERADI (Perhimpunan Advokat Indonesia) yang baru saja berdiri setelah adanya Undang-Undang Nomor 18 tahun 2003 tentang Advokat, masih saja dipertanyakan legitimasinya oleh advokat-advokat yang sudah berpraktek puluhan tahun seperti Adnan Buyung Nasution maupun advokat-advokat muda yang baru lulus ujian PKPA (Pendidikan Khusus Profesi Advokat). Tentu saja keabsahan PERADI tidak dipertanyakan oleh advokat-advokat yang duduk sebagai pengurus dalam organisasi tersebut. Tak hanya legitimasi PERADI yang dipertanyakan, kesimpangsiuran standar nilai kelulusan ujian advokat pun menyisakan masalah.
Sebenarnya industrialisasi advokat ini memang tidak dapat dielakkan, mengingat era globalisasi telah ada di hadapan semua orang termasuk advokat, ungkapan kasarnya kurang lebih “Advokat pun butuh uang untuk makan”. Namun bukan berarti bahwa pengacara hanya tahu hakim ‘kan?
Industrialisasi advokat ini sangat kentara bila para advokat itu berkecimpung di bidang hukum bisnis. Sebagaimana masyarakat ketahui bahwa bisnis erat sekali hubungannya dengan uang dan dalam menjalankan bisnisnya, seorang pengusaha pun harus mengetahui aspek-aspek legalitas pendirian perusahaan dan legalitas dalam menjalankan perusahaan. Dalam memberikan konsultasi hukum biasanya tarif sudah ditentukan terlebih dahulu. Bila ada perusahaan dengan legalitas cacad, maka yang berhak disalahkan adalah para konsultan hukum (biasanya advokat pun dapat berperan sebagai konsultan hukum) di negeri ini karena telah memberikan konsultasi hukum yang salah. Tapi mana yang lebih penting bagi orang-orang Indonesia kebanyakan, tarif atau konsultasi yang benar? Rupanya orang-orang kita lebih senang “kejar setoran” daripada “konsultasi yang benar”. Dapatkah konsultan hukum diperkarakan karena memberikan konsultasi yang salah? Sudah barang tentu dapat. Lalu dapatkah mereka melobi jaksa, hakim, polisi? Sudah barang tentu…? Menariknya belum banyak beredar di madia massa mengenai konsultan hukum yang bermasalah dengan hukum sendiri. Kalau pengacara memang lebih banyak terkena kasus karena mereka terkadang berperan juga sebagai “mafia peradilan”. Namun kasus konsultan hukum ini kurang terblow-up media. Pengawasan yang sangat kurang sekali di intern body asosiasi-asosiasi profesi hukum menjadi salah satu faktor pendukung tumbuh suburnya “black officio-officio nobile”. Jadi Saya pelesetkan para pengacara itu tidak berkecimpung di “hukum bisnis”, namun “bisnis hukum”.
Pikiran-pikiran dangkal mencari uang tidak hanya di dunia advokat, namun merambah ke dunia kedokteran Indonesia. Profesi hanya sebagai simbol kebanggaan dan banyaknya angka gugatan mal praktek di dunia kedokteran Indonesia menjadi salah satu buktinya. Hal ini lebih makro menjadi cermin dunia pendidikan Indonesia. Pertanyaan singkat: Burukkah pendidikan di Indonesia? Atau mahasiswa-mahasiswa Indonesia yang malas belajar? Kalau ingin mencari uang, ya jadi pebisnis saja, jangan profesi-profesi ilmiah seperti itu. Betulkan…?
Malang, September 9, 2007
Mochammad Riyadi, SH
I AM NOW
After a several month's I didn't blogging, my blog extremely unconcious alias pingsan dan harus "OPNAME" ( masuk rumah sakit/get in to the hospital) kalau diartikan secara Indonesia. Well kalau sekarang aku nge-blog ya karena bener-bener males surfing laennya, dah selesai. Sambil ngisi waktu gitu. Dan karena lagi males mikir juga nge-blog English ya pake' mix languages (Indonesia and English). What a though day! Don't you know just for beginnng ya copy-paste aja some of essay have been made by me. Ya barang tentu, lagi males.
S**t, ngapain aja beberapa bulan ini. Cari relasi di Law Firm dan belajar lagi tentang Korupsi. Belajar lagi, belajar lagi, kapan selesainya ya. Sambil cari kerjaan yang lebih baik dan promising job, gimana lagi ya kudu gitu biar tercapai cita-cita "International Corporate Advokat".
Idealism promises nothing. Setelah sekian lama berkutat dengan idealisme nggak jelas macam gitu, sekarang berangsur-angsur mulai turun. Mau makan apaan kalau idealis terus-terusan. Pokoknya entar aja nge-blog lagi. Wait for the next essy okay!!!
S**t, ngapain aja beberapa bulan ini. Cari relasi di Law Firm dan belajar lagi tentang Korupsi. Belajar lagi, belajar lagi, kapan selesainya ya. Sambil cari kerjaan yang lebih baik dan promising job, gimana lagi ya kudu gitu biar tercapai cita-cita "International Corporate Advokat".
Idealism promises nothing. Setelah sekian lama berkutat dengan idealisme nggak jelas macam gitu, sekarang berangsur-angsur mulai turun. Mau makan apaan kalau idealis terus-terusan. Pokoknya entar aja nge-blog lagi. Wait for the next essy okay!!!
Wednesday, April 4, 2007
A SEVERE CRITICS TO MALAYSIA TOURISM
On Sunday morning I watched Metro TV in my bedroom. Oh, there was a interested news about blogs in e-Lifestyle Metro TV "Malaysia Digoyang Blogger". Malaysia tourism was critized by Indonesia journalist name Nila. She went to Malaysia for journalism duty, and she chose travel agent to sorround all of Malaysia tourism places included Petronas Tower. She is really happy about that because she never been to Petronas Tower before. But suddenly the travel agent canceled Petronas Tower journey. Well, the travel agent is belong to Malaysia travel agent in this case. Of course she really angry about it and wrote it in her blog. As journalist she has so many friends in real world and cyber world. Her friends opened the blog and read it, and then made a opinion to about it, in each blog and in cyber discussions forum. A lot of Malaysian made it to, and then The Prime Minister of Malaysia is very angry about it, because it's could be killing Malaysia tourism and the symbol "Malaysia is Truly Asia" would be failed. The Prime Minister said that "all of bloggers are liar". Hmmm I really disagree because what I know is blogger mostly wrote some post based on what they feel-see-hear, just like me.
And then shown up the problem about the ethic code of blog which is the ways have to do, so this problem wouldn't happened again. The wrong thing, blogs are used as fact by beginner surfer and it couldn't be right thing. But there are blogs are facts to, so I could say that blogs sometimes are telling a lie and sometimes blogs are telling the truth. We can't make a rules to write blogs because it's free journalism and we couldn't judge all of the bloggers are liar. Sue the bloggers is the stupid thing and the judges who makes winning position besides blogger are bad judges. This is prove how strong a blog nowdays in cyber world as a alternative media.
And then shown up the problem about the ethic code of blog which is the ways have to do, so this problem wouldn't happened again. The wrong thing, blogs are used as fact by beginner surfer and it couldn't be right thing. But there are blogs are facts to, so I could say that blogs sometimes are telling a lie and sometimes blogs are telling the truth. We can't make a rules to write blogs because it's free journalism and we couldn't judge all of the bloggers are liar. Sue the bloggers is the stupid thing and the judges who makes winning position besides blogger are bad judges. This is prove how strong a blog nowdays in cyber world as a alternative media.
Monday, April 2, 2007
MY CHOICES
Oh My God, Allah SWT, are you listening to me. I'm sick about my life right now. That you already know my saving getting less and maybe could be enough for one month. It's been two months since graduated I get no luck. I'm totally sux's unemployment who has no money and ARE YOU SUX'S? Just ask by your selves... Come on. What's wrong with my life which is organized by God. Who's proper to be blame, Me or God??? If the condition continuous, I couldn't reach my dream. Wanna know, become:
1. Employee's, look for scholarship in foreign university, work in foreign country, and never come back to Indonesia
2. Employee's and have some business field
3. Employee's, full businessman
4. Employee's, full professional lawyer
5. Employee's, professional lawyer and politician and have some business
And those choices are purposes in the one thing, MONEY.
Tuesday, March 27, 2007
APPLIED LAW THEORY
The university students could be considered as agent of change and make a huge changing in every country. Their radical thinking tendency sometimes becomes a boomerang for them selves. Every university students ideally have three characters that are student in the university, professional human resources in their field of education (could become a part of institution or company) and as a public servant.
Why I can say that their radical thinking tendency becomes a boomerang or in fact even timebomb for them selves. It's because they are facing with the balance of three characters, but those three characters never balance, so that makes them too busy with one or two characters and they're not ready and prepare with all of globalization changing what is demand self improvement and dynamic character in some kind of institution. It's just a few of students who can fulfil those three characters what I already say.
Education in Indonesia is facing dilemma problems, what would be created? A thinker? Or, a young professional ready to work? Besides, a problem about minimum calculation of education become an addition problem what is could not solve the dilemma problem.
The public opinion apparently affirm that study in university is to becoming a worker (employee's) and it's not becoming a thinker. Salary factor is becoming a reason that a thinker could not (apart from luck and destiny) be a rich person and couldn't increase standart of living.
And then who is proper to be blame about the system? The government? I often laughing if there are people said that the government is proper to be blame about the broken system. A lot of demontrations by public, academics, politicians, and also Non Government Organizations apparently still can't push government to do something and the government is closed on all of the problems.
And then, as university students what would we do? When I was a law student I've dilemma problem experiences. The Indonesian law's is totally under/being politicization and should be given severe of critics. The Indonesian law's is already broken and sick, but why we're still obidient and do the broken law. This is what idealist person thinking, but for me as a law practitioner...WHO CARES!!!
The only way out, I think we must act out of the conventional learning system. Law student in United States of America accept a lecture with the Socrates Method. This method teach that student have always think pragmatism in studying law cases. The lecturer is always give law cases for discussed in front of class with student. Law student is demanded to read so many books, so many articles, which are could find in the library, surfing on the internet, etc, as long as related with the cases. Those element (books, articles, etc) could be certained by lecturer or not.
So student is always demanded to ready an prepare to discuss and answer several quetions from lecturer. In addition, that law student must apprentice in the professional law firm, so could become a professional law pratitioner , not "THE PERSON WITH ALL OF CRAPP AND IDEALISM THEORY THAT MAKES ME SICK", eventhough they're just graduated from law school.
Law student in United States of America compete each other individually and professionally in law market to face globalization era needs abouy professional law practitioner. Eventually, this is what I called "APPLIED LAW THEORY". A big question, when law education in Indonesia could be like that???
Why I can say that their radical thinking tendency becomes a boomerang or in fact even timebomb for them selves. It's because they are facing with the balance of three characters, but those three characters never balance, so that makes them too busy with one or two characters and they're not ready and prepare with all of globalization changing what is demand self improvement and dynamic character in some kind of institution. It's just a few of students who can fulfil those three characters what I already say.
Education in Indonesia is facing dilemma problems, what would be created? A thinker? Or, a young professional ready to work? Besides, a problem about minimum calculation of education become an addition problem what is could not solve the dilemma problem.
The public opinion apparently affirm that study in university is to becoming a worker (employee's) and it's not becoming a thinker. Salary factor is becoming a reason that a thinker could not (apart from luck and destiny) be a rich person and couldn't increase standart of living.
And then who is proper to be blame about the system? The government? I often laughing if there are people said that the government is proper to be blame about the broken system. A lot of demontrations by public, academics, politicians, and also Non Government Organizations apparently still can't push government to do something and the government is closed on all of the problems.
And then, as university students what would we do? When I was a law student I've dilemma problem experiences. The Indonesian law's is totally under/being politicization and should be given severe of critics. The Indonesian law's is already broken and sick, but why we're still obidient and do the broken law. This is what idealist person thinking, but for me as a law practitioner...WHO CARES!!!
The only way out, I think we must act out of the conventional learning system. Law student in United States of America accept a lecture with the Socrates Method. This method teach that student have always think pragmatism in studying law cases. The lecturer is always give law cases for discussed in front of class with student. Law student is demanded to read so many books, so many articles, which are could find in the library, surfing on the internet, etc, as long as related with the cases. Those element (books, articles, etc) could be certained by lecturer or not.
So student is always demanded to ready an prepare to discuss and answer several quetions from lecturer. In addition, that law student must apprentice in the professional law firm, so could become a professional law pratitioner , not "THE PERSON WITH ALL OF CRAPP AND IDEALISM THEORY THAT MAKES ME SICK", eventhough they're just graduated from law school.
Law student in United States of America compete each other individually and professionally in law market to face globalization era needs abouy professional law practitioner. Eventually, this is what I called "APPLIED LAW THEORY". A big question, when law education in Indonesia could be like that???
Thursday, February 22, 2007
ADVOCATE, IT'S A CHOICE...
Advocate is just a occupation. It's a choice to be good advocate's or devil's advocate. Don't think too much that you could change Indonesia law's what is already too ramshakle.
There are two principle in law that we must carriage. Those are "equality before the law" and "presumption of innocent". Defense our client blood by blood.
There are times we win, there are times we must and have to win, there are time we loose.
That's all just a long process to makes us better and more terrific.
It's always have a risk in every job. We're not living in UTOPIA ISLAND, don't you think so?
There are two principle in law that we must carriage. Those are "equality before the law" and "presumption of innocent". Defense our client blood by blood.
There are times we win, there are times we must and have to win, there are time we loose.
That's all just a long process to makes us better and more terrific.
It's always have a risk in every job. We're not living in UTOPIA ISLAND, don't you think so?
Wednesday, February 21, 2007
BLINK
To over-generalize, there are two types of nonfiction books worth reading: those written by an eminent specialist summarizing the current state of his or her field, often focusing on the singular idea that defines the author's career; and those written by a journalist without special knowledge about the field, tracking a particular idea, crossing the boundaries of disciplines when required by the pursuit. Malcolm Gladwell's Blink is a bravura example of the latter sort of book: he ranges through art museums, emergency rooms, police cars, and psychology laboratories following a skill he terms 'rapid cognition.'
Rapid cognition is the sort of snap decision-making performed without thinking about how one is thinking, faster and often more correctly than the logical part of the brain can manage. Gladwell sets himself three tasks: to convince the reader that these snap judgments can be as good or better than reasoned conclusions, to discover where and when rapid cognition proves a poor strategy, and to examine how the rapid cognition's results can be improved. Achieving three tasks, Gladwell marshals anecdotes, statistics, and a little bit of theory to persuasively argue his case.
Gladwell's discussion of 'thin slicing' is arresting: In a psychological experiment, normal people given fifteen minutes to examine a student's college dormitory can describe the subject's personality more accurately than his or her own friends. A cardiologist named Lee Goldman developed a decision tree that, using only four factors, evaluates the likelihood of heart attacks better than trained cardiologists in the Cook County Hospital emergency room in Chicago:
For two years, data were collected, and in the end, the result wasn't even close. Goldman's rule won hands down in two directions: it was a whopping 70 percent better than the old method at recognizing patients who weren't actually having a heart attack. At the same time, it was safer. The whole point of chest pain prediction is to make sure that patients who end up having major complications are assigned right away to the coronary and intermediate units. Left to their own devices, the doctors guessed right on the most serious patients somewhere between 75 and 89 percent of the time. The algorithm guessed right more than 95 percent of the time. (pp. 135-136)
Rapid cognition is the sort of snap decision-making performed without thinking about how one is thinking, faster and often more correctly than the logical part of the brain can manage. Gladwell sets himself three tasks: to convince the reader that these snap judgments can be as good or better than reasoned conclusions, to discover where and when rapid cognition proves a poor strategy, and to examine how the rapid cognition's results can be improved. Achieving three tasks, Gladwell marshals anecdotes, statistics, and a little bit of theory to persuasively argue his case.
Gladwell's discussion of 'thin slicing' is arresting: In a psychological experiment, normal people given fifteen minutes to examine a student's college dormitory can describe the subject's personality more accurately than his or her own friends. A cardiologist named Lee Goldman developed a decision tree that, using only four factors, evaluates the likelihood of heart attacks better than trained cardiologists in the Cook County Hospital emergency room in Chicago:
For two years, data were collected, and in the end, the result wasn't even close. Goldman's rule won hands down in two directions: it was a whopping 70 percent better than the old method at recognizing patients who weren't actually having a heart attack. At the same time, it was safer. The whole point of chest pain prediction is to make sure that patients who end up having major complications are assigned right away to the coronary and intermediate units. Left to their own devices, the doctors guessed right on the most serious patients somewhere between 75 and 89 percent of the time. The algorithm guessed right more than 95 percent of the time. (pp. 135-136)
The secret is knowing which information to discard and which to keep. Our brains are able to perform that work unconsciously; when rapid cognition breaks down, the brain has seized upon a more obvious but less correct predictor. Gladwell examines how race and gender affect car dealers' sales strategy, the effect of height on salary and promotion to top corporate positions, and unjustified police shootings of civilians to demonstrate that our unconscious biases have genuine and sometimes tragic consequences. He also examines how the wrong thin slice, in focus groups or in a single-sip test of soft drinks, can lead businesses to mistake consumer preferences.
There are things that can be done to redirect our mind along lines more conducive to accurate thin slicing: we can alter our unconscious biases; we can change products' packaging to something that tests better with consumers; we can analyze numerical evidence and make decision trees; we can analyze all possible facial expressions and their shared meanings, then watch for them on videotape; and we can evade our biases by blind screening, hiding the evidence that will lead us to incorrect conclusions.
This whirlwind tour of rapid cognition, its benefits and pitfalls, has only a few pitfalls of its own. Written in a forthright and conversational style, Gladwell makes friends with his readers, but rarely challenges them. This is science writing for the broadest possible audience; people with scientific training may chafe at the substitution of anecdote for study results, and may wish that the author had gone into greater depth with any or all of his examples; others may wonder how they can broaden the reach of their own attempts at rapid cognition. Gladwell may whet their appetites but will not fully satisfy those readers. His focus is narrow, and this helps him meet his goals; perhaps this is appropriate for a book titled Blink.
This whirlwind tour of rapid cognition, its benefits and pitfalls, has only a few pitfalls of its own. Written in a forthright and conversational style, Gladwell makes friends with his readers, but rarely challenges them. This is science writing for the broadest possible audience; people with scientific training may chafe at the substitution of anecdote for study results, and may wish that the author had gone into greater depth with any or all of his examples; others may wonder how they can broaden the reach of their own attempts at rapid cognition. Gladwell may whet their appetites but will not fully satisfy those readers. His focus is narrow, and this helps him meet his goals; perhaps this is appropriate for a book titled Blink.
THE STREET LAWYER
For those who have learned to love Grisham's formula of the small guy bringing down the giants, this book will not disappoint. As usual, his hero -- in this case young attorney Michael Brock -- uses the law effectively against the big lawyers to achieve justice. Also typically, the research into the subject of the book is thorough. The crime this time, though, is one of omission: we, as a society, are ignoring and criminalizing the homeless. Michael Brock is about to put us on notice that we'd better start noticing their plight and doing something about it.
Brock begins the book as a practicing anti-trust lawyer, on the fast track to partnership and a million-dollar annual salary in the nation's fifth-largest law firm. But he has three problems: 1) his marriage is on the rocks because of his commitment to work; 2) he really doesn't like his job; and 3) he's currently being held hostage at gunpoint with eight other lawyers in his office. The gunman is a street person who smells bad and goes by "Mister". The confluence of these three problems creates an epiphany for Brock. He determines to discover the forces that drove "Mister" to his suicidal mission, and finds that his own law firm had evicted "Mister" and sixteen other citizens from a run-down warehouse in the middle of the winter. He also is given a hint that the eviction was illegal, and then discovers that some particularly sympathetic evictees subsequently died on the streets in midwinter. His personal struggle with guilt leads him into the streets to become an advocate for the homeless citizens of our nation's capital, and to take on the very powerful firm that recently owned him.
Along the way to righting this social (and legal?) injustice, Michael Brock meets an array of colorful individuals who provide refreshing relief from the uniform greyness of the corporate lawyer types in the book. Noteworthy among these is Mordecai Green, a heavy, loud, six-foot five-inch black street lawyer. Mordecai becomes Michael's mentor and partner as they take on the arrogance and indifference of the power class by suing his former firm.
We hear many stories and statistics of the homeless in this book, which are both touching and frightening. However, some readers may be offended by Grisham's overtly political characterization of the problem. He implies that we are all symbolized by the law firm in the book, and that we are all guilty of making difficult lives worse through indifference and governmental action. Although he's not so naive as to think we could eradicate homelessness, he advocates pretty strongly for a more liberal approach to the problem. After reading the book, the chances are good that you'll either find yourself rushing to the nearest soup kitchen to volunteer, or that you'll resent being guilt-tripped by a rich and famous entertainer cum self-appointed social critic.
But in addition to the sermonizing, the story moves on quickly to a creative and suspenseful resolution of the legal issues involved in the specific case, where Brock is both attacker and defender because much of his evidence of wrongdoing was illegally obtained from his old company. As usual, Grisham ultimately grounds his stories in detailed inside knowledge of law firms and legal machinations; and his basic David and Goliath trope, while hardly original, keeps the reader in suspense as it moves to an exciting and satisfying close. The writing also shows real sensitivity in several areas: for instance, Grisham describes racial and class fears and stereotypes honestly, without either sensationalizing or denying them. He also speaks to the real conflict many people face today of trying to maintain a balance between their personal values and the demands of an intensely competitive workplace. Finally, and perhaps most importantly, Grisham manages to maintain a positive, optimistic tone about the possibility of making progress against homelessness instead of being overwhelmed by it. Even if many of the homeless characters are never going to have a "normal" middle-class life, they can at least have a place out of the snow in which to sleep, a hot meal every day, and some help with their ongoing problems. It's actually a very warm book, in spite of the social problem and the lawsuit. The book is good as a topical tract on homelessness; even better as a typical wild-but-plausible Grisham adventure.
Saturday, January 27, 2007
WHAT IF...?
What are you gonna do if the woman you loved suddenly left you. She never thought about marriagges, family and have a child. Left you when you're sure that she's gonna be your wife although your love wasn't deeply in to her. You'll not meet her for a long time, but meet her or meet her not is still a big question. The problem is she never said to you. I have six choices:1. Suicide
2. Crying everyday
3. Find her altough you don't know where she is
4. Just waiting
5. Continue your life
6. Find someone else
IF A MAN HAS NO HEART
Since I studying in Law School, sometimes I did't recognize my self anymore. Law School changing me into greedy person? Maybe a half yes. Logic, capitalism, seculerism are sticking in my head. Law as public services isn't my priority, but money as my priority. Actually, capitalism is in the 1st rank. It's because I really need money for survive, am I wrong?
Hello, I'm in Indonesia where is everything getting hard and I have a lot of obssesion. I catching my dream become "The Big Ten of Richest Person in Indonesia". I'll buy one of the TV station here? Ha..Ha..Ha..Am I dreaming? No, absolutely not.
I have no heart and I don't believe love. read this "MONEY CAN BUY LOVE, SO WHY I BELIEVE LOVE IS. If you just need sex, just go out the party club and makes friend with the girls in there and ..... (you know it). Ha..Ha..Ha.. Life is easy if you have a lot of money. Does lawyer need heart?
Wednesday, January 24, 2007
K.O . MINITHESIS
This day, January 24-2007, I will know when I face the comprehensive exam day. Is it January 29 or January 30. Feeling unlucky, oh no, because I'm with SQuare. Ha..Ha..Ha..With her I'm lucky everyday plus I've prayed.My k.o. minithesis title is "The Private Responsibility of Investment Manager Concerning Mutual Fund Investor If Get Financial Loss".
Why I take that title? Because I like financial, investment, economics, and that three things related with my field of education. I always think that my knowledges and my ability can produce money.
Sometimes I thought that I'm in the wrong school. But now I think someone must have dynamic character so she/he can survive in international competition. Don't you think so?
GRADUATION
In former times when I had no money four and a half years ago. I was in the high school catched my dream. At that times, I want to go to college taking International Relations or English Lecturer in Gajah Mada University. There was so many try-out test I've done just for looked my grade and standart so I can think that am I could entered to it?
Graduated from high school, I am still confused what I'm gonna do, looked for a job? I just have high school diploma and my English wasn't good anyway. Oh God, please help me to find way out?
I looked at the white board on fron side of the Employee Department and tried to send some applications.
I came to my uncle and my aunt asked them some money to buy a university test form. I filled up the form and chose Law School as a first choices, English Lecture as second choices.
I was accepted on Law School. I have to get a million and half rupiah's so I could entered on it. I lend a million from my old sister, and the rest of it I got from scholarship. Since then my college is paid by scholarship. Only two among nine semester I didn't get it.
I worked from media (radio , TV, newspaper) so I can get more money. Writing an article, got a quiz, rapping on my band, tried to worked in McDonald's. I using internet and library very well so I can minimized the budget. There was no other wishes except graduated from Law School.
.....Graduation times. Finally, thank's God, It seems impossible but it happened. your hands really help me.
Now, I'm still catching my dream, become a lawyer. But actually from the bottom of my heart, I just wanno live in U.K., work there, and never comeback to Indonesia. There are so many problem and disaster in Indonesia, it's too complicated.
In U.K., totally I get free for my idealism, individual character, more respectful, orderliness, objective, etc, etc.
Graduated from high school, I am still confused what I'm gonna do, looked for a job? I just have high school diploma and my English wasn't good anyway. Oh God, please help me to find way out?
I looked at the white board on fron side of the Employee Department and tried to send some applications.
I came to my uncle and my aunt asked them some money to buy a university test form. I filled up the form and chose Law School as a first choices, English Lecture as second choices.
I was accepted on Law School. I have to get a million and half rupiah's so I could entered on it. I lend a million from my old sister, and the rest of it I got from scholarship. Since then my college is paid by scholarship. Only two among nine semester I didn't get it.
I worked from media (radio , TV, newspaper) so I can get more money. Writing an article, got a quiz, rapping on my band, tried to worked in McDonald's. I using internet and library very well so I can minimized the budget. There was no other wishes except graduated from Law School.
.....Graduation times. Finally, thank's God, It seems impossible but it happened. your hands really help me.
Now, I'm still catching my dream, become a lawyer. But actually from the bottom of my heart, I just wanno live in U.K., work there, and never comeback to Indonesia. There are so many problem and disaster in Indonesia, it's too complicated.
In U.K., totally I get free for my idealism, individual character, more respectful, orderliness, objective, etc, etc.
LOVE STORY IN HARVARD
I watched the Korean Drama's for this few days. It story about a man who law student and a woman who medical student.They're like each other but not express their feelings. Apart from the love story, I really like the woman.
She's pretty and such as very independent woman. She and her family moved to USA when she was seven years old. Her family struggled to face the America's condition. Her father had no money and her mother passed away when she was twelve years old.
She learned hard and became a smart student, she's successfull and was accepted in Harvard Medical School.
She got scholarship, a part-timer, and still smart in her study. Maybe twenty four hours a day isn't enough. Imagine that she has so many activity; a medical school student, a part-timer, hospital apprentice, house keeper in her boarding house, sleep maximum two hours everyday.
How do you think I can't like that kind of girl. She's totally independent. If I have relationship with that kind of girl, I would really enjoyed my life because we're same, a free thinker. We could do anything that we believe and do anything we used to do. I have no doubt about it.
She's pretty and such as very independent woman. She and her family moved to USA when she was seven years old. Her family struggled to face the America's condition. Her father had no money and her mother passed away when she was twelve years old.
She learned hard and became a smart student, she's successfull and was accepted in Harvard Medical School.
She got scholarship, a part-timer, and still smart in her study. Maybe twenty four hours a day isn't enough. Imagine that she has so many activity; a medical school student, a part-timer, hospital apprentice, house keeper in her boarding house, sleep maximum two hours everyday.
How do you think I can't like that kind of girl. She's totally independent. If I have relationship with that kind of girl, I would really enjoyed my life because we're same, a free thinker. We could do anything that we believe and do anything we used to do. I have no doubt about it.
Tuesday, January 23, 2007
BRAWIJAYA LAW SCHOOL
One of the public university in Malang City-Indonesia is
Apart from that, I'm gonna tell about my lovely campus,
1. IOM : it activity like as discussion about contribution education fee and related with how much money that you have.
2. Islamic Study Forum : it activity like as discussion about Islam "The Perfect Religion". Islam "The Perfect Religion"?
3. Manifest : journalism. Always think, write, and when do you get practice?
4. BPM : The Parliament of
5. Law Arena : writing an law article, law journal, etc.
6. DSM : The Senator of
7. Language Laboratory : now days, foreign languages ability especially English, is really important to compete with another country in international scope. Yup, law is going international.
8. Computer laboratory : this lab used for learning computer program and the applied it to make a contract, an article, an scientific writing, a research, etc. What about cyber law, could
9. ALSA : association for all of law student in
10. FKPH : law scientific writing, law research, etc. Hello...Practice, practice, and practice!!!
11. Formah-PK : learn how to enforce law, find the truth, and create justice. Yeah, tell me about it!
12. Paper Drama : if law student really like sastra and art (drama, poetry, etc) this organization would be a good site. Look, I am law student, not art student.
13. LESC : learn more about English like as discussion, speaks, etc. What more can I learn about English?
There are four specializations of law in
That four specializations have different level of difficulties. I'm starting from the lowest level. This level is based on my perspectives and experiences studying in
1. International Law
In this specialization is really easy to get a good grade. You're just sitting on the class, say your opinion, read all of the books which are related with the issues, learn by heart when you're gonna face the exams, and that would be enough. If you're didn't get a good grade, you must be stupid student I've ever known. So that's why, I can imagine Sipadan and
2.
Almost same with the International Law. And there are many lecturer isn't a law practitioner most of them just a activist. Look, if you're gonna fix this country, you must go to inside of the corrupt system and fix it from the inside to. Not only speaks, but do the politics. Don't think and read too much, it's just will make you confuse and not do anything.
So, I've known that your idealism just hanging around in your brain, in your books, in your scientific writing, in your research. Come on, you must have bravery to go inside of the corrupt system and act totally as a politicians.
3. Criminal Law
Almost same with International Law, Contitusional State Law, and the biggest failure is k.o. minithesis and field research are made with the same substantive. I can say there are same content. Actually the content is extremely different. K. O. minithesis explain about a law problem that we have to solve and field research report explain about how the institution doing it activity related with law (the institution process doing it law activity). So, that's really a big failure isn't it?
4. Private Law
Actually, the difficulties is just a little bit more than three of specializations that I already explained. As a general it is same. In this specialization, student really difficult to meet The Chairman of Private Law Specialization. What is he doing actually? Egoist. And speaking about how to get a good grade, there are few lecturer extremely tight about it.
WHAT DO YOU PREFER, MONEY OR JOB?
Unemployment getting big number, not only in Indonesia but also in other country. If you're college student who just graduated from university, your brained says : What next, look for a job or make few dollars? Yup, most of them answer that they look for a job. But now days it's hard to find a better job.
Read newspaper, internet, television (which are many vacancy on it), make a lot of applications, then send it to many-many-many company. Hello, that's conventional ways. The worst thing would be happebed in Indonesia is you're get a job but it low salary. How many people is side-up in that condition. So many people out there who living like that and then look another job which is promissing.
Get a big salary in our job makes us become a bad consumer. Buy a car, buy a big house, buy expensive dress, expensive watch, etc, etc. Buy a expensive thing just gonna make you bankrupt and there are a lot of money you have to spend to maintain your stuff.
Ok, you're can be called "A Rich Person" with your money and stuff that you have. But how much money that you've invested to make money work for you not you're not work for the money. Eventually you're not Real Rich Person.
What if the second worst thing would be happened with "The Workers", got fired from his/her company when the ages already old, an most of the company need a young talented.
I have a joke here. Stupid person job application is not accepted in the all company. And then she/he think how to make a lot of money from the money that she/he already have while the smart person looked for a job. In the future, stupid person business getting big, great, and fine. Smart person who need a job come to the stupid person.
Stupid person says : "Smart person, analyze this document!"
Smart person says : "Okay Sir, Ok Boss!". Boss there are someting wrong in this document.
Stupid person says : "Okay, find out what is wrong in that document!". Stupid person just sitting at his/her sofa and waited the report from the smart person.
Smart person says : "Boss, there is other worker who manipulated this document".
Stupid person says : "Okay, find out that worker!".
Smart person debating with another snart person to find out who is the corruptor. But stupid person is just waited the report while she/he enjoy her/his life with spend her/his dollars shopping in France, Italy, U.K, and USA.
My conclusion is, if you get a job and become a worker, don't forget to spend your money for investment (business), not you just put in your saving, because it's conventional ways.
So, what do you prefer, money or job?
Read newspaper, internet, television (which are many vacancy on it), make a lot of applications, then send it to many-many-many company. Hello, that's conventional ways. The worst thing would be happebed in Indonesia is you're get a job but it low salary. How many people is side-up in that condition. So many people out there who living like that and then look another job which is promissing.
Get a big salary in our job makes us become a bad consumer. Buy a car, buy a big house, buy expensive dress, expensive watch, etc, etc. Buy a expensive thing just gonna make you bankrupt and there are a lot of money you have to spend to maintain your stuff.
Ok, you're can be called "A Rich Person" with your money and stuff that you have. But how much money that you've invested to make money work for you not you're not work for the money. Eventually you're not Real Rich Person.
What if the second worst thing would be happened with "The Workers", got fired from his/her company when the ages already old, an most of the company need a young talented.
I have a joke here. Stupid person job application is not accepted in the all company. And then she/he think how to make a lot of money from the money that she/he already have while the smart person looked for a job. In the future, stupid person business getting big, great, and fine. Smart person who need a job come to the stupid person.
Stupid person says : "Smart person, analyze this document!"
Smart person says : "Okay Sir, Ok Boss!". Boss there are someting wrong in this document.
Stupid person says : "Okay, find out what is wrong in that document!". Stupid person just sitting at his/her sofa and waited the report from the smart person.
Smart person says : "Boss, there is other worker who manipulated this document".
Stupid person says : "Okay, find out that worker!".
Smart person debating with another snart person to find out who is the corruptor. But stupid person is just waited the report while she/he enjoy her/his life with spend her/his dollars shopping in France, Italy, U.K, and USA.
My conclusion is, if you get a job and become a worker, don't forget to spend your money for investment (business), not you just put in your saving, because it's conventional ways.
So, what do you prefer, money or job?
Saturday, January 20, 2007
THE PERFECT WOMAN
Name : Mariana Renata Dantec
Birth p/d : Paris, December 31, 1983
H/W : 174 cm/54 kg
Occupation : model, actress
Education : English Culture and Literature, Sorbonne University, Paris, France (already graduated)
International Business, University Of New South Wales, Sidney, Australia
Dad, Mom : Andre Dantec, Anita Kirana
Religion : Roman Catholic
I have her pic on my CD from surfing on the internet day by day.
One a big question? Is she "Nico's girlfriend"? Oh my God, she's breaking my heart if that's happened. Ha.. Ha.. Ha. Ok, fine if she's with Nico. But I really hope she will married with me in the future.
Check all about her: mariana-renata.blogspot.com, Asian Finest Discussion Forum, etc. Better check by your selves.
Friday, January 12, 2007
AN INTRODUCTION
Wow, finally I have a blog. It's been along time (2 0r 3 years ago) I've known about blogging, but I didn't have much time to make it come true. Now it's happened, my first blogging. I don't what I'm gonna write. An introduction for me means a start-line to makes story about my life, my thoughts, critics, idealism, etc, which are never said and published 'cause sometimes I am a coward. Well, that all folks.
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