Authors

 
Prof. Dr. Mariam Darus Badrulzaman, S.H., FCBArb.

CURRICULUM VITAE 1. NAME : Prof. Dr. Mariam Darus, S.H., FCBArb. 2. OCCUPATION 2003 - Present :  Guest Professor of Civil Law (Business Law), Post- graduate Program, Unpad University, Bandung, Indonesia  Guest Professor of Civil Law (Business Law), Post- graduate Program, University of North Sumatra, Medan, Indonesia  Guest Professor of Civil Law (Business Law), Postgraduate Program, University of Indonesia, Jakarta, Indonesia  Guest Professor on Legal Sociology, School of Law, Jakarta, Indonesia 2002 – Present : Professor of Civil Law (Business Law), YARSI University, Jakarta, Indonesia 2008 - Present : Founder of Law Office of Mariam Darus & Partners Jakarta, Indonesia 1998 - 2008 : Founder and Senior Partner of Law Offices of Remy & Darus, Jakarta, Indonesia 1978 - 2001 : Professor of Civil Law (Business Law), University of (Retired) North Sumatra, Medan, Indonesia 3. ADDRESS : Menara Kuningan 7th Floor, Unit 7E - F, Jl. H.R. Rasuna Said Kav. 5, Jakarta 12940, Indonesia Tel. : 62 21 3004 0134 Fax : 62 21 3004 0157 E-mail : mariam@daruslaw.com mariamdarus@gmail.com 4. NATIONALITY : Indonesian 5. DATE OF BIRTH : 12 November 1931 6. CERTIFICATIONS 2002 : Registered Litigator No. C.02.11623 1996 : Registered Capital Markets Legal Consultant No. 95009 7. ACADEMIC QUALIFICATIONS 1978 : Ph.D. (Doctor), Doctoral Thesis: “Bank Credit Transactions”, University of North Sumatra, Medan, Indonesia 1961 : Master of Law (Sarjana Hukum), University of Gadjah Mada, Yogyakarta 8. ADDITIONAL EDUCATION 1984 : Course on University Management, Kentucky University, Lexington, KY, USA 1983 : Study on Civil Law, University of Hiroshima, Hiroshima, Japan 1982 : Course on American International Law, Dallas, TX, USA 1978 : Course on University Management, Ohio University, Athens, OH, USA 1975 - 1976 : Course on Hypotheec Law, University of Leiden, Leiden, the Netherlands 9. ACADEMIC EXPERIENCE 2003 - Present : Professor of Law at the Military School of Indonesia, Jakarta, Indonesia 2002 - Present : Lecturer for Master Program at Faculty of Law, University of Padjadjaran, Bandung, Indonesia 1996 - 1999 : Dean of Faculty of Law, YARSI University, Jakarta, Indonesia 1978 - 2000 : Professor of Civil Law at Faculty of Law, University of North Sumatra, Medan, Indonesia 1978 - 1986 : Vice President for Academic Affairs, University of North Sumatra, Medan, Indonesia 1961 - 2000 : Lecturer for Master Program at Faculty of Law, University of North Sumatra, Medan, Indonesia 10. PROFESSIONAL EXPERIENCE a. Arbitrator  2014 :  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Rgarding Powerplant Construction Dispute  Arbitrator in Ad Hoc Arbitration Concerning Insurance Dispute on Oil and Gas Exploration  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Dispute on Footwear Cooperation Dispute.  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding E Learning and Training Dispute  2013 :  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding of Turn Key Contract Agreement  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Share Purchase Agreement of Joint Venture of Indonesian Palm Oil Company  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Contract Termination of Telecommunication Cooperation Agreement  2012:  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Sale and Purchase Contract of Thermal Oil Hitter  2011:  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Sale and Purchase Contract of Gas-Generated Electricity  2010:  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Disputes of Distribution Contract  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Contractual Disputes in Steel Industry  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Disputes in General Contractor Contract  2008:  Arbitrator in Indonesian National Board of Arbitration, Jakarta, Indonesia, Regarding Contractual Disputes in Geothermal Industry  2007:  Arbitrator in Indonesian National Board of Arbitration, Medan, Indonesia, Regarding General Contractual Disputes b. Expert Witness  2013:  Expert Witness Appointed by the Defendant in Case of the Interpretation of Agreement, Uncitral, Jakarta  Expert Witness Appointed by Acrossasia Limited in Case of the Execution of Foreign Arbitration Award in Indonesia, High Court of Hong Kong  Expert Witness Appointed by the Plaintiff on Contract Dispute of Mining Project in South Jakarta District Court  2012:  Expert Witness Appointed by the Ministry of Finance of Republic Indonesia, Concerning Moveable and Immoveable Goods, Tax Court Jakarta  Expert Witness Appointed by the Ministry of Finance of Republic Indonesia, Regarding the Legal Standing of PUPN in Constitutional Court, Jakarta  2011:  Expert Witness Appointed by the Ministry of Finance of Republic Indonesia, Encumbrance Rights Over Land, on Constitutional Court, Jakarta  Expert Witness Appointed by the Plaintiff in Disputes of Promissory Notes, Singapore International Arbitration Court, Singapore  Expert Witness Appointed by the Plaintiff in Disputes in Distribution of Pharmaceutical Medicines, Singapore International Arbitration Court, Singapore  2009:  Expert Witness in the Case between PT Wahana Unggul (Plaintiff) vs. PT Troikina (Defendant), in District Court of North Jakarta, Regarding of Breach of Contract.  Expert Witness Appointed by the Claimant in Disputes in BOT Contract, Indonesian National Board of Arbitration, Jakarta  2008:  Expert Witness Appointed by the Respondent in Disputes in Mining Industry, Ad Hoc Arbitration, Jakarta, Indonesia 2007:  Expert Witness Appointed by the Plaintiff in Disputes in Sale and Purchase of Steam Coal, Singapore International Arbitration Court, Singapore 2006:  Expert Witness Appointed by the Claimant in Disputes in Hotel Industry, Singapore International Arbitration Court, Singapore  Expert Witness Appointed by the Plaintiff in the Case of Beckkett Pte. Ltd. (Plaintiff) vs. Deutsche Bank et. al. (Defendants), Singapore High Court, Singapore 2001:  Expert Witness in Disputes Concerning Insurance in Particle Board and Plywood Industry, Ad Hoc Arbitration Panel, Jakarta, Indonesia 1998:  Legal Counsel for Claimant in Dispute Between A State-owned Company (Claimant) vs. A Foreign Buyer (Respondents), Ad Hoc Arbitration, Geneva, Switzerland 1997:  Expert Witness in Bre-X Case, Provincial Court of Edmonton, Calgary, Edmonton, Canada 1996:  Expert Witness in Disputes between Yee Nei Mei vs. Standard Chartered Bank, First Instance Court of Central Jakarta, Indonesia 11. PRIVATE PRACTICE 2008 – Present : Founder of Law Office of Mariam Darus & Partners, Jakarta, Indonesia 1998 – 2008 : Founder and Senior Partner, Law Offices of Remy & Darus, Jakarta, Indonesia 1990 – 1998 : Founder and Partner, Law Office of Prof. Dr. Mariam Darus, S.H. 1963 - 1990 : Founder and Partner, Law Firm of Badrulzaman & Partners, Medan, Indonesia 12. LEGAL DRAFTING  1999:  Co-Chairman of Legislation Team to Draft Law on Secondary Mortgage, Ministry of Justice of Indonesia, Jakarta, Indonesia  Chairman of A Legislation Team to Draft Law on Amendments of Law Concerning Limited Liability Companies, Jakarta, Indonesia  Expert Staff of the National Law Development Center (BPHN) of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1998:  Chairman of Legislation Team to Draft Law on Fiducia, Ministry of Justice of Indonesia, Jakarta, Indonesia  1995:  Expert Staff in the Economic Law Improvement and Procurement (ELIPS) Project Sponsored by the United States Agency for International Development (USAID), Jakarta, Indonesia  1987:  A Member of Legislation Team to Draft Law on Hire Purchase Contract, Ministry of Justice of Indonesia, Jakarta, Indonesia 13. BOOKS / MAGAZINES 2004 : Kompilasi Hukum Jaminan published by CV Mandar Maju, Bandung, Indonesia 2001 : Kompilasi Hukum Perikatan published by PT Citra Aditya Bakti, Bandung, Indonesia 1997 : “Undang-Undang Hak Tanggungan” published by Jurnal Hukum Bisnis monthly magazine, Jakarta, Indonesia 1994 : Aneka Hukum Bisnis published by PT Alumni, Bandung, Indonesia 1984 : The Legal System of Indonesia published by William S. Hein, Buffalo, NY, USA 1983 : Mencari Sistem Hukum Benda Nasional published by PT Alumni Bandung, Indonesia 1983 : KUH Perdata Buku III, Hukum Perikatan dengan Penjelasan published by PT. Alumni, Bandung, Indonesia 1983 : Bab-Bab tentang Hypotheek published by PT Alumni, Bandung, Indonesia 1979 : Bab-Bab tentang Credietverband, Gadai & Fiducia, published by PT Alumni, Bandung, Indonesia 1978 : Perjanjian Kredit Bank published by PT Alumni, Bandung, Indonesia 14. RESEARCH 1994 : Comparative Research on the System of Registration for Security of Moveable Goods in Singapore, Hong Kong, and Japan, Sponsored by ELIPS, USAID 1990 : Comparative Research on Coffee Arbitration in the State of New York, USA, Rotterdam, the Netherlands and Norway, Sponsored by the Association of Indonesian Coffee Exporters (AICE) 15. SPEAKER AT VARIOUS SEMINARS  2011:  “Good Corporate Governance” Seminar, Conducted by Finance and Development Supervisory Agency BPKP, Jakarta  2007:  “Technical Assistance on Contract Drafting” Seminar, Conducted Through the Co-operation of the Ministry of Finance and State Administrative Board “Women Empowerment” Seminar, Conducted by Juanda University, Bogor, Indonesia  2006:  “Corruptions and Policy” Seminar, Sponsored by the ”Golongan Karya” Political Party, Jakarta, Indonesia  2004:  Credit Syndication and Restructurization” Seminar for Judges, Sponsored by Center for Legal Research and the Supreme Court, Jakarta, Indonesia  ”Boundaries of Unlawful Conducts in Civil and Criminal Laws” Seminar, Sponsored by Judiciary Attorney, Jakarta, Indonesia  2003:  ”National Law Development VII” Seminar, Sponsored by the National Law Development Center of the Ministry of Justice of Indonesia, Bali, Indonesia  Seminar on the Subject of UNCITRAL, Conducted by the Central Bank of Indonesia, Jakarta, Indonesia  2002:  Seminar on the Subject of Geographical Indicator at the Embassy of France, Jakarta, Indonesia  2001:  “Cyber Law” Seminar, Conducted by the Surabaya Effects Exchange (BES), Surabaya, Indonesia  “Cyber Law” Seminar, Conducted by Yayasan Pendidikan Graha Kirana, Medan, Indonesia  1998:  “Utilization of Vacant Land” Seminar, Sponsored by the Ministry of Agraria of Indonesia  “Monetary Crisis, Force Majeure, Changes of Circumstances and Good Faith in the Civil Law System” Seminar, Conducted by Law Offices of Remy & Darus, Jakarta, Indonesia  1997:  “Contract Law in the Era of Globalization” seminar, conducted by the National Law Development Center of the Ministry of Justice, Jakarta, Indonesia  1996:  “System of Law Concerning Security Rights on Property (“Hak Tanggungan”)” Seminar, Conducted by the Faculty of Law, University of Padjadjaran, Bandung, Indonesia  “Security Rights on Property” Seminar, Conducted by University of North Sumatra, Medan, Indonesia  1995:  “Housing and Residential Law” Seminar, Conducted by the State Minister for National Housing, Jakarta, Indonesia  1994:  “Doing Business by State-Owned Company (Perum) for Pledge, Conducted by the University of Brawijaya, Malang, Indonesia  “Legal and Practical Implication of Strata Title” Seminar, Conducted by Business Focus, Jakarta, Indonesia  Seminar on the Subject of Banking Liquidation, Conducted the Central Bank of Indonesia, Jakarta, Indonesia  1993:  “Basic Principles of Credit Agreement Law in Indonesia” Seminar, Conducted by the Central Bank of Indonesia, Jakarta, Indonesia  “Basic Concept of Contract Law”, Conducted by ELIPS, USAID, Jakarta, Indonesia  “Freedom of Contract and Its Relationship with Standard Form Contracts” Seminar, Conducted by the Indonesian Association of Public Notaries, Surabaya, Indonesia  “Basic Framework of Security Laws in Indonesia” Seminar, Conducted by ELIPS, USAID, Jakarta, Indonesia  “Liquidation of Banking Companies Pursuant to the Banking Law” Seminar, Conducted by the Indonesian Central Bank, Jakarta, Indonesia  “Credit Recovery” Seminar, Conducted by the Indonesian Association of Public Notaries, Jakarta, Indonesia  1992:  “Rights on Security Over Land” Seminar, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1989:  “Land Policy and Management in Urban Areas and Its Implementation” Workshop, Conducted by the Ministry of Public Works, Bali, Indonesia  1988:  “Hire Purchase Agreement” Seminar, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1986:  “The Implementation of State Philosophy Pancasila in National Civil Law”, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1984:  “Legal Issues of State-Owned Companies”, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1983:  “Settlement of Commercial Disputes, Conducted by General Assembly of ASEAN Lawyers Association, Manila, the Philippines  1980:  “Consumer Protection in Standard Form Contracts”, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia  1978:  “Right to Build on Leased Land”, Conducted by the National Law Development Center of the Ministry of Justice of Indonesia, Jakarta, Indonesia 16. MEMBERSHIPS a. Professional Memberships  2005 – Present :  Member of Arbitrators of Indonesian National Board of Arbitration (BANI), Jakarta, Indonesia  Chairman of BANI Branch of Medan, Medan, Indonesia  1999 - Present :  Member of the Indonesian Association of Fishermen (HNSI), Jakarta, Indonesia  1988 - Present :  Chairman of Legal and Arbitration Department of the Association of Indonesian Coffee Exporters (AICE), Jakarta, Indonesia b. Other Memberships  Forum for Corporate the Government Indonesia (FCGI) (2003 - Present)  Netherlands Alumni Association  Indonesian Lawyers Association  Indonesian Women Lawyers Association  ASEAN Lawyers Association  The Alumni of South Western Lawyers, Dallas, Texas, USA  Indonesian Islamic Intellectual Society (ICMI)  Association of Indonesian Coffee Exporters (AICE) 17. AWARD AND ACHIEVEMENT  Satya Lancana Karya Awarded by President of Republic Indonesia in 1989  Bintang Satya Lancana Dwidya Sistha Awarded by President of Republic Indonesia in 2012  Assigned as Member of Langkat Sultanate Royal Family with Datuk Cendekia Negri title given with full authority by Royal Langkat Sultanate Ceremony in March 2013 * * * * * *