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		<title>A Top Indonesian Lawyer May Be Honest to a Fault</title>
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		<pubDate>Sun, 16 May 2010 14:39:12 +0000</pubDate>
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				<category><![CDATA[Advokat]]></category>
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		<description><![CDATA[Bagi yang memerlukan, berikut ini copy artikel Situs The New York Times hasil wawancara dengan Pengacara Hotman Paris Hutapea, edisi 23 April 2010. Semoga bermanfaat. By NORIMITSU ONISHI Published: April 23, 2010 HOTMAN PARIS HUTAPEA is, by his own reckoning, the freest lawyer in Indonesia. In a country where bribes play an integral part in [...]]]></description>
			<content:encoded><![CDATA[<blockquote><p><em>Bagi yang memerlukan, berikut ini copy artikel Situs The New York Times hasil wawancara dengan Pengacara Hotman Paris Hutapea, edisi 23 April 2010. Semoga bermanfaat.</em></p></blockquote>
<p><a class="tt-flickr tt-flickr-Large" title="the-devils-advocate" href="http://www.flickr.com/photos/28707284@N08/4611369143/"><img class="aligncenter" src="http://farm5.static.flickr.com/4066/4611369143_902378ded0_o.jpg" alt="the-devils-advocate" width="450" height="450" /></a></p>
<p>By NORIMITSU ONISHI Published: April 23, 2010</p>
<p>HOTMAN PARIS HUTAPEA is, by his own reckoning, the freest lawyer in <a title="More news and information about Indonesia." href="http://topics.nytimes.com/top/news/international/countriesandterritories/indonesia/index.html?inline=nyt-geo">Indonesia</a>.</p>
<p>In a country where bribes play an integral part in the legal system,  where attorneys and judges usually hide part of their wealth to deflect  unwanted attention, Mr. Hutapea has never denied gaming the system. On  the contrary, he has reveled in his success by wearing fat diamond rings  and carrying, until laws changed a couple of years ago, a gun in a hip  holster. His office buildings here are adorned with signs that scream in  big, bold letters: HOTMAN PARIS.</p>
<p><span id="more-1371"></span>He is a regular on television gossip shows that link him to one starlet  or another. Colleagues may prudently choose to drive conservative cars,  to court at least. But Mr. Hutapea hops into his new red Ferrari  California — the first one sold in Indonesia, for $630,000 — and parks  it right in front of court buildings. To his critics, the car and its  owner are a prime symbol of the cancer infecting the legal system; to  Mr. Hutapea, the Ferrari amounts to an honest acknowledgment of the  system’s imperfections.</p>
<p>“If I say I’m a clean lawyer, I’ll be a hypocrite, that’s all I can  say,” he said. “And if other lawyers say they are clean, they will go to  jail, they’ll go to hell.”</p>
<p>Not surprisingly, some rival lawyers and watchdog groups have pointed  fingers at Mr. Hutapea as the Indonesian government has stepped up  efforts to clean up the legal system and rid it of the so-called  judicial mafia. In a byzantine  world populated by corrupt officials and  middlemen, money is often <a title="Times article" href="http://www.nytimes.com/2009/12/20/world/asia/20indo.html">funneled</a> to prosecutors and judges to reduce a  charge or tip a verdict.</p>
<p>Asked whether he had ever given money to prosecutors or judges, Mr.  Hutapea answered: “I cannot comment on that. I don’t want to comment on  that because all I’m saying is that there is no lawyer on earth who is  clean. That’s all I can say. I think you know how to make a conclusion  from that.”</p>
<p>To him, there is no sin greater than hypocrisy. And charges of hypocrisy  lie at the heart of a long-running feud that offers a peek into  Indonesia’s complicated jurisprudence. The quarrel has pitted him  against Todung Mulya Lubis, another high-profile lawyer but one with  impeccable credentials: a critic of <a title="More articles about Suharto." href="http://topics.nytimes.com/top/reference/timestopics/people/s/_suharto/index.html?inline=nyt-per">Suharto</a>, the  longtime autocrat; a holder of Master of Law degrees from Harvard and  Berkeley; a supporter of many human rights organizations and the  chairman of <a title="their Web  site" href="http://www.transparency.org/">Transparency International’s</a> office in Indonesia.</p>
<p>The feud, Mr. Lubis said in a brief conversation last month, represented  a struggle between “the dark knight” and “the white knight.” But things  are never that clear-cut in Indonesia. Mr. Lubis was disbarred for life  by one bar association and suspended by another association he had  helped found.</p>
<p>Mr. Hutapea, meanwhile, has never received the gentlest slap on the  wrist.</p>
<p>On a recent morning, Mr. Hutapea, 50, sat down for an interview at his  law office, inside a large meeting room with walls blanketed by framed  newspaper articles featuring him. He brought out several photo albums  showing him attending weddings and other social events with his top  clients, mostly ethnic Chinese Indonesians who own many of Indonesia’s  biggest conglomerates. Nothing from his early life had prepared him for  this one. He grew up in a village in Sumatra in a Protestant family of  10 children; his father ran a local bus business.</p>
<p>THEY were Bataks, an ethnic group famous in Indonesia for giving their  children random names. A brother was named Washington, after the  American president.</p>
<p>Also known for their feistiness and argumentation skills, Bataks —  including Mr. Hutapea’s rival, Mr. Lubis — are heavily represented among  the nation’s top lawyers. Mr. Hutapea whizzed through law school in  Bandung, in Java, before making it here to the capital.</p>
<p>He served a one-year stint at Indonesia’s central bank, which recruited  top university graduates. To hear him tell it, the detour set him on the  right path.</p>
<p>“After one year there, I realized that it was impossible to get rich  there,” he said.</p>
<p>He looked at the cars driven by colleagues 20 years older. “Come on, 20  years, and still using a Kijang,” he said, referring to a Toyota minivan  that is a symbol of Indonesia’s aspiring middle class.</p>
<p>He jumped to a top law firm here, specializing in international  corporate law. In the wake of the Asian financial crisis in the late  1990s, he became the nation’s most sought-after attorney by companies  trying to fend off creditors.</p>
<p>But it was after the fall of Suharto in 1998, in the newly democratic  Indonesia, that Mr. Hutapea started his own practice. He seized on an  unfettered news media’s fascination with new wealth and celebrities. He  hired popular actresses as personal assistants and featured them  prominently in court. He represented celebrities in trials pro bono.</p>
<p>Still, he insisted he worked hard for his success. “Who opens the office  every morning?” he asked, calling a young lawyer into the meeting room.</p>
<p>“You, sir,” the young man answered.</p>
<p>“What time?”</p>
<p>“Six a.m.”</p>
<p>“When all the lawyers are still holding their mistresses or wives, I’m  already working,” Mr. Hutapea said.</p>
<p>Not that he seems to have anything against mistresses. He is a “very  good father,” said Mr. Hutapea, who has three children. “Relatively good  husband,” he added, repeating a punch line he has often used in  interviews.</p>
<p>But Mr. Hutapea turned angry when the subject turned to his battle with  Mr. Lubis.</p>
<p>Their fight stemmed from a case in 2006 when they represented opposing  sides in a corporate trial. Mr. Lubis defended the Salim Group, the  conglomerate most closely associated with Suharto, which was being sued  by Mr. Hutapea’s client, another conglomerate named Makindo.</p>
<p>BUT until 2004, Mr. Lubis had led a government investigation into the <a title="Times article" href="http://www.nytimes.com/1999/07/06/business/international-business-an-advocate-for-indonesia-s-debtors.html">Salim Group</a> and other companies that, hit  hard by the Asian financial crisis, were unable to repay their  government debts. So Mr. Hutapea accused Mr. Lubis of a conflict of  interest.</p>
<p>In 2008, a bar association permanently disbarred Mr. Lubis, who then  helped establish another association that suspended him for six weeks  but then allowed him to resume his practice.</p>
<p>In an interview last week, Mr. Lubis, 60, said he had complied with a  government agreement to wait two years until he represented any of the  companies in the audit he had led.</p>
<p>“I play by the rules,” he said, adding that in his 36-year career he had  never bribed the police, prosecutors or judges. He said he had always  fought for human rights and against corruption by pushing the government  to establish the highly respected Corruption Eradication Commission.  “Let the record speak for itself.”</p>
<p>Mr. Hutapea accused his rival of hypocrisy. “You cannot be an activist  while handling all these big conglomerates,” he said, leaping up and  adding: “One of his legs is in hell and the other one is in heaven.”</p>
<p>Mr. Lubis said he had “no hatred” for Mr. Hutapea and that this “chapter  is closed.”</p>
<p>Mr. Hutapea was not letting go just yet, though. If Mr. Lubis agrees to a  public debate, he said, “I will give him one of my big diamond rings.”</p>
<p>As the interview neared its end, Mr. Hutapea began to relax. At 2 p.m., a  court was scheduled to deliver the verdict on a big case, which, he  said, happened to be “purely clean.” So he would let an associate appear  in court instead of going himself for that final extra push.</p>
<p>“It’s clean,” he said, “because, first, my client is very stingy, and  also he has a very strong case. So no need.”</p>
<p>Under different circumstances, he said, “I will be there today, you  know, to make sure the decision is right.”</p>
<p>Sumber: <a title="The New York Times" href="http://www.nytimes.com/2010/04/24/world/asia/24hotman.html" target="_blank">The New York Times</a></p>
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		<description><![CDATA[dalam website kamushukum.com versi baru tertulis bahwa sdr Todung Mulya Lubis masih sebagai Advokat, setahu saya -berdasarkan berita Kompas tangalnya lupa- berdasarkan keputusan dewan kehormatan Peradi, TML sudah bukan Advokat lagi karena terkena sanksi pemberhentian. demikian koreksi saya.]]></description>
			<content:encoded><![CDATA[<p>dalam website kamushukum.com versi baru tertulis bahwa sdr Todung Mulya Lubis masih sebagai Advokat, setahu saya -berdasarkan berita Kompas tangalnya lupa- berdasarkan keputusan dewan kehormatan Peradi, TML sudah bukan Advokat lagi karena terkena sanksi pemberhentian. demikian koreksi saya.</p>
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