Delegate's Guide For ST Indonesia

Delegate’s Guide Book
Reaching out the Harmony of Globalization through Cross Cultural

Understanding and Global Lawmaking
ALSA Indonesia
Study Trip in Bali
“Reaching Out The Harmony of Globalization
Through Cross-Cultural
Cultural Understanding and Global Lawmaking”
ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE
ALSA Indonesia
National Board 2010-2011
Greetings from Indonesia!
Keshia Sifra Pandeiirot
President Globalization and the world’s changing order has become the
+6285691791833 current issue which is complicated yet challenging. This issue
chairperson@alsaindonesia.org
provides human beings with power and troubles. Several nations
take globalization as a good opportunity for their economic sector
Cindy Nur Fitri to be developed and broaden. On the other hand, other nations
Secretary General
take globalization as a threat, since they have not ready yet to face
+6283869696921
sg@alsaindonesia.org
this era. This paradox situation shall be considered as the disparity
of human’s understanding and ability to handle this circumstance.
Devyta Wijaya Culture is one of the potential ways to facilitate all nations to
First External Affairs Officer peacefully engage cooperation and communication to strengthen
+6281944225522
their relationship which hopefully could lead this world to a better
Rizky Aliansyah
situation.
Second External Affairs Officer
+6287881661335 That is why, this year ALSA Indonesia would like to initiate this
external@alsaindonesia.org
idea by creating an event which will be the place for ALSAians to
gather and exchange their knowledge as well as promoting their
Mario Gideon Mandang cultures which namely ALSA Study Trip in Bali 2010. This event
First Internal Affairs Officer
will take place in Bali, one of the world’s most beautiful islands, on
+6285740612871
the 6th until 10th November 2010 with the theme “Reaching out
Munawar
the Harmony of Globalization through Cross Cultural
Second Internal Affairs Officer
+6285760010590
Understanding and Global Lawmaking”.
internal@alsaindonesia.org
There will be symposium, table discussions, legal visits and cultural
performances on this event. Should you have any queries, don’t
Secretariat:
hesitate to contact the undersigned.
Universitas Diponegoro
Faculty of Law We are looking forward for your participation. Let’s live, learn and
Jl. Imam Bardjo, SH No.1 lead with culture!
Semarang 50241 – INDONESIA
Phone +6285691791833
+6283869696921 Keshia Sifra Pandeiirot
+622749206900 Project Officer, President of ALSA Indonesia
contact@alsaindonesia.org
www.alsaindonesia.org/site

Greetings from Academic Activities Coordinator
Dear delegates,
It is my distinct honor and pleasure to welcome you to the Study Trip in Bali, held by ALSA
Indonesia. My name is Devyta Wijaya and I’m in charge of Academic Activities and Delegate
Relations in this event.
Study Trip in Bali is the very first Study Trip held by ALSA Indonesia. As Indonesia is very
rich with culture and tradition, it is suitable to choose culture as the main theme of this
event. The member of ALSA around Asia are the future leaders of Asia and even the world,
we will discuss about current issues and try to seek a resolution. Realizing the condition of
globalization, we pick the theme “Reaching out the Harmony of Globalization from
Cross-Cultural Understanding and Global Lawmaking”. The delegates could find the
way to live, learn and lead with culture is our goal.
For Academic activities, we have 2 Symposiums, Academic Visits, Table Discussion and
Table Rotation (you can find the program details enclosed). All of these activities are related
to culture in a globalization world. Take your time to explore the study guide and do some
research regarding the topic, so you can familiarize yourself with the subject matter.
I’m wishing you an enlightment in Symposiums, a fruitful discussion in Table Discussion

and Table Rotation, and a fun Academic Visits!
Take care and see you soon.
Truly yours,
Devyta Wijaya

ALSA at glance
Our Visions: Asian Law Students’ Association
Asean Law Students Association (hereinafter ALSA) was
• to focus a global vision on the formed on May 18th 1989 by a group of law students from
promising future of Asia ASEAN countries, which are Indonesia, Malaysia, Philippines,
Singapore and Thailand. The agreement to form ALSA, took
• to promote an awareness of place in Jakarta during the 1989 ALSA conference.
justice
Since the information technology growth rapidly, and the
• to facilitate the recognition of interaction trough communication with the globalization
the social responsibilities on law principles emerged, ALSA accepted it as a strong motivation to
students. expand the network and friendship between the law students in
ASEAN countries with law students from the rest of Asian
countries. Therefore, on September 7th, 2002 ALSA and the
Our Objectives: other Asian countries which unified in the Asian Law Students'
Association (Japan, Korea, China, Taiwan, and Hong Kong)
agreed to merge their organizations through the Tokyo
• to understand and appreciate Agreement to become Asian Law Students' Association
the diversity and share the (ALSA).
ideals of law in society through Asian Law Students' Association (ALSA) is a non-
exchange and communication governmental and nonpolitical organization whose members
consist of the law students from Asian Countries. The
among Asian law students purposes of ALSA are to promote a better understanding and
• to motivate law students to appreciation to different legal systems on each country, as well as
develop a creative spirit through promoting friendship among the students and to facilitate the
exchange of information and newest legal issues. More than
a network of joint activities 10000 law students in Asia joint to ALSA.
among Asian law students
Annual events of ALSA are:
• to encourage the
enhancement of the capabilities - ALSA Conference (AC)
of Asian Law students to - ALSA Forum (AAF)
- Study Trip
become internationally minded,
socially responsible, ALSA International Activities are:
academically committed and - Student Trainee Exchange Program (STEP)
legally skilled. - ALSA Magazine
- ALSA International Academic Program (AIAP)
- International Video Conferences (IVid)


ALSA National Chapter

Republik Indonesia
ALSA Indonesia is one of ALSA’s founding father. Divides into 12 Local Chapter which
is consist of diverse state universities around Indonesia and headed by a National Board. In
the meantime, ALSA Indonesia has more than 1,000 members who are law students from:
Sriwijaya University - University of Indonesia - Padjadjaran University –

Diponegoro University - Jenderal Soedirman University - Gadjah Mada University -
Hasanuddin University - Sam Ratulangi University - Airlangga University -
Jember State University - Brawijaya University – Syiahkuala University
Annual events of ALSA Indonesia are:
Musyawarah Nasional (National Assembly)

Pramusyawarah Nasional (Pre-National Assembly)
Outward Bound
Rapat Pimpinan (National Governing Council)
National Seminar and Workshop
Moot Court Competition
ALSA Indonesia also has annual academic, social and environmental project, such as:
Legal Coaching Clinic
ALSA Care
Environmental Project (WWF Supporter: Sahabat Harimau)
ALSA Weekly Legal Review

ALSA Study Trip 2010
Study Trip is one of the most favorite ALSA events for its members. There are colorful
activities on this event including academic activities and culture exchange activities, which
fully promote the communication and joint activities among Asian law students. ALSA
Thailand, ALSA Japan and ALSA Malaysia had successfully hosted this event on the
previous occasions. In the meantime, it is honor for ALSA National Chapter Indonesia to
host this year and the very first ALSA Indonesia Study Trip 2010.
This event has the following details:

Date : November 6th – 10th 2010
Participants : 50 delegates from across Asia (ALSA members)
Activities : annexed
Theme:
“Reaching Out The Harmony of Globalization Through
Cross-cultural Understanding and Global Lawmaking”
Globalization and the world’s changing order has become the current issue which is
complicated yet challenging. This issue provides human beings with power and troubles.
Some nations take globalization as a good opportunity for their economic sector to be
developed and broaden. On the other hand, some nations take globalization as a threat, since
they have not ready yet to face this era. This paradox situation shall be considered as the
disparity of human’s understanding and ability to handle this circumstance.
Asia as one of the prominent continent which is granted with a strategic geographical
location, high quality and quantity of manpower, exquisite cultural properties and also
prosperous natural resources, should have hold the key factors of harmonization of
globalization. But apparently, most of Asian countries still far left behind with the European
countries and Latin American countries which is currently engaged their integration to
strengthen their cooperation with regard to prepare their region for the open market era.
Communications and cooperation is the main key for Asian countries to start its step to
unite and develop together. Culture, is one of the potential way to promote cooperation and
exchange communications among Asia nations. Culture is not only something from the past
that we can only enjoy and have it as a heritage but moreover it is the time for the future
leaders to take the challenge to live, learn, and lead with culture.

Academic Activities:
Symposiums
Symposium 1: International Patent Protection Towards Cultural Heritage
Objectives:
• To give an understanding to participants about International Patent Protection
• To give a deeper knowledge to participants about the importance of International
Patent Protection and how it works overseas
• To give an understanding to participants about the relation between International
Patent Protection and Cultural Heritage.
Symposium 2: Local Wisdom as Global Solution
Objectives:
• To give an introduction to participants about the local wisdom in Indonesia and Bali
in particular
• To give an understanding to participants about how to make the law lives in harmony
with the society and how important this situation
• To open the participants’ mind about how local wisdom can be used as global
solution.

Table Discussions
In this Study Trip, There will be 4 groups of Table Discussion, the delegates will discuss
about culture and globalization. Table Discussion of ALSA events is a very traditional one,
having participants from different countries to talk about the same issue is very interesting
and try to find a solution for the issue is even more challenging!
The resolution that you will made together with the fellow delegates in TD will be submitted
to UNESCO as the document. So speak up and don’t let your thoughts remain unspoken!
Table Discussion A:
Cultural Claims and Cultural Property Disputes as a Challenge of Diplomacy
A.1. Background
Under conditions of globalization, legal claims to protect, preserve, maintain, and to exploit
culture have assumed a new urgency. Cultural diversity has become a matter of state concern
and fears of cultural homogenization animate movements to promote a revitalized realm of
cultural policy. Municipal governments see cultural amenities, attractions, and social values as
important resources to attract labor and capital and engage in cultural planning exercises as
they seek to brand urban space. Rural spaces become culturalised as traditions are
constructed to establish market distinctions for local goods and traditional knowledge is
valorized in international environmental treaties. But if culture is clearly delineated for the
purposes of state management and the creation of new intellectual properties, it is also
evoked in anti-globalization movements that contest growing forms of corporate hegemony.
A.1.1. Cultural Property
The United Nations term "cultural property" includes sites having archeological
(prehistoric), paleontological, historical, religious, and unique natural values. Cultural
property, therefore, encompasses both remains left by previous human inhabitants (for
example, middens, shrines, and battlegrounds) and unique natural environmental features
such as canyons and waterfalls. The rapid loss of cultural property in many countries is
irreversible and often unnecessary.
Cultural property can be divided into several categories and ancillary issues. There is the "real
property," comprised of the land, the bones and ceremonial burial items of the ancestors,
and other artifacts recovered in the exploration of past civilizations. Then there is the
intellectual property, the ideas and practices, the languages, the music and the writings. The

protection of these properties and the way in which indigenous cultures can deal with the
people outside their culture who wish to learn about these things, whether for academic
reasons or for their own reasons, are dealt with here.
A.1.2. Cultural Claims and Disputes
Disputes regarding cultural property are a common irritant in international relations. These
disputes stir great passions because they touch upon questions of cultural identity, religion,
and national history. These passions in turn harden the positions taken by the parties
involved, retarding resolution and increasing resentment. Indeed, some such disputes have
remained unresolved for decades if
not centuries.
Because most cultural property

disputes are international, they
implicate a variety of legal norms and
raise complex choice of law
questions, such as conflicting
evidentiary standards and statutes of
limitations. Therefore, "traditional
legal norms are often incapable of
addressing the special problems of
cultural property." Even when
international law can provide a correct legal answer as to the ownership of a specific object,
that answer, by its nature, often cannot take into account the political, moral, and ethical
climate into which a dispute was born or in which it continues to exist. Therefore, while
legally correct, this answer may be deemed illegitimate by one or more of the parties
involved, all but guaranteeing that this conflict will continue to simmer or that future
relations between the parties will suffer.
Within most countries, illegally gotten cultural property is generally covered by a nation's
stolen property laws. But transport that cultural property across a border, may have violated
civil law, criminal law, an import or an export prohibition, or a combination of the above,
depending on which country we're talking about, what the object is, and who owns it. Much
also depends on the particulars of the bilateral and multilateral agreements, if any, between
the countries in question, which stipulate whether and to what degree one will honor
another's export restrictions.
Obviously, when the dispute is between nations, national pride, politics, and political
grandstanding tend to take precedence over law. That's probably why such disputes have a
habit of becoming so emotional, and so unresolvable—as evidenced by the long-running

brouhaha over the Elgin Marbles, which escalated about 20 years ago. Britain holds that the
sculptures, removed from the Parthenon in the early 19th century, were legally purchased by
Lord Elgin from the Ottoman Empire, which then controlled GreeceGreece—a move that thereby
saved them from destruction during Greece's War of Independence and by modern-daymodern
Greek air pollution. Yet Greece counters that the seller was an occupying force, therefore
the purchase shouldn't count. Both nations regard the sculptures as their cultural patrimony.
But Greece didn't exist as an independent nation until 1832 and patrimony laws can't be
applied retroactively. Perhaps that's why Greec
Greece,
e, so far, has attempted to resolve the matter
through diplomacy, rather than in court.
Despite the frequency of cultural property disputes, there is currently no permanent and
universally acceptable framework for their resolution. Rather, each dispute is approached on
an ad hoc basis.
A.2. The Role of International Organization in Cultural Property Disputes
A.2.1. UNESCO
The United Nations Educational, Scientific and Cultural

Organization (UNESCO;; is a specialized agency of the United
Nations established on 16 November 1945. Its stated purpose is
to contribute to peace and security by promoting international
collaboration through education
education, science, and culture in order to
further universal respect for justice, the rule of law, and the
human rights along with fundamental freedoms proclaimed in the
UN Charter.. UNESCO has 193 Member States and seven
Associate Members. The organization is based in Paris, with over
50 field offices and many specialized institutes and centres throughout the world.
wor Most of
the field offices are "cluster" offices covering three or more countries; there are also national
and regional offices.
UNESCO had initiated work on a new multimulti-lateral

lateral convention to require such international
cooperation. UNESCO, together with the states member had made some conferences to
discuss about cultural property and illicit trade in particular. It also had made some
conventions regarding the illicit exportation and trafficking of cultural property as well as
promotete the restitution of objects to their countries of origin. Many years of research
undertaken by UNESCO on the functions and values of cultural expressions and practices
have opened the door to new approaches to the understanding, protection and respect of
the cultural heritage of humanity. This living heritage, known as intangible, provides each
bearer of such expressions a sense of identity and continuity, insofar as he or she takes
ownership of them and constantly recreates them.

As a driving force of cultural diversity, living heritage is very fragile. In recent years, it has
received international recognition and its safeguarding has become one of the priorities of
international cooperation (finally).
A.2.2. SAFE
Saving Antiquities For Everyone (SAFE) is a non-profit organization (and bearing in mind
it’s not an intergovernmental one) dedicated to preserving cultural heritage worldwide. Its
mission is to raise public awareness about the irreversible damage that results from looting,
smuggling and trading illicit antiquities. It promote respect for the laws and treaties that
enable nations to protect their cultural property and preserve humanity’s most precious non-
renewable resource: the intact evidence of our undiscovered past.
By creating educational programs and media campaigns in partnership with academia and
the communications, legal and law enforcement communities, SAFE encourages ethical
behavior to stop the trade in illicit antiquities from destroying the history that belongs to us
all. Its espouse accurate, professional research combined with dynamic outreach and public
education. Its value positive, collaborative, innovative projects driven by passionate and
determined individuals. With a positive approach, it offer concrete ways to invest in the
shared stewardship of the world's cultural heritage. SAFE envisions a world in which looting
and destruction of cultural heritage sites and the marketing and collecting of undocumented
artifacts from such sites will be unthinkable.
Although it’s not an intergovernmental organization, the existence of this kind of

organization is also important to tackle the cultural property issue. The awareness of
individual is also very important because it’s the basis of cultural property protection.
A.3. International Law Related to The Cultural Property
Since the end of the Second World War, several international conventions have been enacted
to combat the theft, illicit exportation and trafficking of cultural property as well as promote
the restitution of objects to their countries of origin.
A.3.1. Convention for the Protection of Cultural Property in the Event of Armed
Conflict (The Hague 1954) and Protocols
The Hague Convention was adopted in 1954 in response to the looting of the artistic and
cultural patrimony of Europe during and after World War II.
The State Parties to this Convention "undertake to prohibit, prevent and, if necessary, put a
stop to any form of theft, pillage or misappropriation of, and any act of vandalism directed

against, cultural property" in time of war. Moreover, a State that occupies "the whole or part
of the territory" of another State Party is obliged to assist the authorities of the occupied
country with the protection of its own cultural patrimony.
According to an annexed Protocol, each State undertakes to prevent the exportation of

cultural property from a territory under its occupation during an armed conflict, and to
confiscate and return "cultural property imported into its territory either directly or indirectly
from an occupied territory".
As of December 18, 2003, 108 countries have ratified this Convention and 87 have acceded
the Protocol, including Iraq in 1968. The United States ratified the Convention on
September 25, 2008.
A.3.2. Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property (UNESCO 1970)
The problem of the illicit trade in antiquities—and the strong incentive for pillage of
archaeological sites that it creates—was addressed at the international level by the adoption
of the 1970 UNESCO Convention. The convention defines cultural property as "property,
which on religious or secular grounds, is specifically designated by each state as being of
importance for archaeology, prehistory, history, literature, art or science." (Article 1) Among
other things, this convention obliges State Parties to prohibit the importation of cultural
property stolen from a museum or monument in another participating country (Article 7b),
and allows State Parties whose archaeological or ethnological patrimony is in jeopardy from
pillage to ask other State Parties for help in protecting the affected categories of materials,
through measures that may include restrictions on imports and exports (Article 9).
Furthermore, State Parties pledge to oblige antiquities dealers "to maintain a register
recording the origin of each item of cultural property, names and addresses of the supplier,
[and] description and price of each item sold" (Article 10a)—a requirement that would
obviously serve as a very powerful deterrent to the illicit trade.
Thus far 103 countries have joined the Convention. Iraq ratified in 1973. The United States
adhered in 1983—the first major art-market country to do so—and simultaneously passed
specific implementing legislation: the Convention on Cultural Property Implementation Act.
Unfortunately, the U.S. declined to implement Article 10a, on the alleged grounds that
regulation of antiquities dealers is best left to state and local governments.
Most recently, Britain and Japan joined the Convention in 2002, and Denmark, Sweden and
Switzerland in 2003. The Swiss ratification is particularly heartening news, since Switzerland
has long been a major center for the trade of art and antiquities illegally exported from other

countries. Moreover, in June 2003 the Swiss parliament adopted strong and comprehensive
implementing legislation; it includes, for instance, full enactment of Article 10a.
A.3.3. Convention Concerning the Protection of the World Cultural and Natural
Heritage (UNESCO 1972)
The 1972 UNESCO Convention on World Heritage aims at the preservation of immovable
cultural property, such as buildings and monuments, and of natural sites, such as geological
formations and the habitats of endangered species of animals and plants. This Convention has
received wide international support, as it does not impose particularly onerous obligations on
participating countries.
A.3.4. UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

(UNIDROIT 1995)
The UNIDROIT Convention aims to harmonize the laws of participating countries

regarding claims for the return of stolen or illegally exported cultural property. More
specifically, it allows private individuals to bring claims for the return of stolen cultural
property that has ended up in a foreign country; and it aims to clarify the extent to which
importing countries are obliged to respect other countries' export-control laws. The
UNDIROIT Convention should thus be regarded as complementary to the UNESCO
Convention on cultural property. Thus far, only a handful of countries have joined the
UNIDROIT Convention.
A.4. Questions A Resolution Must Answer (QARMA)
Finally, we witness the emergence of a new cultural politics of difference in place-based

movements that draw upon international indigenous and human rights traditions to establish
their claims to livelihood resources, territories, and cultural survival. A good diplomacy is
needed to solve the problem challenged by the legal recognition of cultural assertions and
the stakes and limitations of cultural claims.
After a fruitful discussion in the Table Discussion, delegates have to make a resolution that
is comprehensive as an answer to the issue. The resolution should answer these following
questions:
1. How can we reduce the number of cultural property dispute? How can each country
manage its cultural property’s protection?
2. How the countries utilize UNESCO as an intergovernmental organization to tackle
the issue regarding cultural property? How can countries maximize the application of

international conventions that has been made by UNESCO? How the countries can
also use other organizations to manage this problem?
3. How can countries enact in a diplomatic way when they facing the cultural property
disputes? What spesific measures need to be taken by countries immediately to tackle
this problem?
Table Discussion B:
Culture As A Part of Regional Organization
B.1. Background
B.1.1. Regional Organization
Regional Organization (RO) incorporate international membership and encompass

geopolitical entities that operationally transcend a single nation state. However, their
membership is characterized by boundaries and demarcations characteristic to a defined and
unique geography, such as continents, or geopolitics, such as economic blocks. They have
been established to foster cooperation and political and economic integration or dialogue
amongst states or entities within a restrictive geographical or geopolitical boundary. They
both reflect common patters of development and history that have been fostered since the
end of World War II as well as the fragmentation inherent in globalization.
Most ROs tend to work alongside well-established multilateral organizations such as the
United Nations. While in many instances a regional organizations are simply referred as
international organizations, in many other it makes sense to use the ROs term to stress the
more limited scope of a particular membership.Examples of ROs include the African Union
(AU), European Union (EU), the Organization of American States (OAS), the Arab League,
Association of Southeast Asian Nations (ASEAN) and South Asian Association for Regional
Cooperation (SAARC).
B.1.2. Culture And Regional Organization
Culture is our legacy and our future. We draw upon it to shape our identities - as individuals,
as a nation and as a region. Culture defines our heritage and helps in our personal and
national development. An essential part of our culture is our value system. Many economists
and policy-makers tend to downplay the role of cultural values in business and economic
decisions. Yet, behaviour and instinct in the economic realm go back to our cultural
upbringing.

We know that state members of Regional Organization’s home country, ethnic group, socio-
economic background, religion and professional experiences determine his/her values.
Work habits, views about time and life-opportunities vary from country to country.
Nonetheless, there are behavioural inclinations that cut across societies of the state members
that have been shaped through the centuries by common geography, climate and shared
historical experiences with each other and with countries outside the region. Therefore, in a
regional organization, the state members should respect each other despite of the different
culture. Furthermore, the state member of a regional organization should utilize the
differences of their culture to enrich the organization and to make it more solid.
B.2. ASEAN
The Association of Southeast Asian Nations, commonly

abbreviated ASEAN is a geo-political and economic organization
of 10 countries located in Southeast Asia, which was formed on 8
August 1967 by Indonesia, Malaysia, the Philippines, Singapore
and Thailand. Since then, membership has expanded to include
Brunei, Burma (Myanmar), Cambodia, Laos, and Vietnam. Its
aims include the acceleration of economic growth, social
progress, cultural development among its members, the
protection of the peace and stability of the region, and to provide
opportunities for member countries to discuss differences peacefully.
The organisation holds meetings, known as the ASEAN Summit, where heads of
government of each member meet to discuss and resolve regional issues, as well as to
conduct other meetings with other countries outside of the bloc with the intention of
promoting external relations.
Beside the meetings among ASEAN countries, ASEAN also held a meeting with other
neighbours country, The East Asia Summit (EAS) is a pan-Asian forum held annually by the
leaders of 16 countries in East Asia and the region, with ASEAN in a leadership position.
The summit has discussed issues including trade, energy and security and the summit has a
role in regional community building. The members of the summit are all 10 members of
ASEAN together with China, Japan, South Korea, India, Australia and New Zealand
Beside those meetings above, ASEAN have some other meetings, but the most famous one
is The ASEAN Regional Forum (ARF) is a formal, official, multilateral dialogue in Asia
Pacific region. As of July 2007, it is consisted of 27 participants. ARF objectives are to foster
dialogue and consultation, and promote confidence-building and preventive diplomacy in
the region. The ARF met for the first time in 1994. The current participants in the ARF are
as follows: all the ASEAN members, Australia, Bangladesh, Canada, the People's Republic of
China, the European Union, India, Japan, North Korea, South Korea, Mongolia, New
Zealand, Pakistan, Papua New Guinea, Russia, Timor-Leste, United States and Sri Lanka.]
The Republic of China (also known as Taiwan) has been excluded since the establishment of
the ARF, and issues regarding the Taiwan Strait are neither discussed at the ARF meetings
nor stated in the ARF Chairman's Statements.
B.3. Current Situation
Most of the Regional Organization realized that culture is one of the thing that can tighten
the bond between countries member, hence, they already done some spesific measures such
as held a conference regarding this or build a specialized agency. As in ASEAN, it has form a
committee on culture and information. ASEAN as a regional organization has adopted
approaches and strategies to enrich the existing value-systems of member countries and to
consolidate a collective value system that will be the foundation of an emerging ASEAN
community. It also struggling to obtain intellectual property rights to protect the region's
various communal arts and cultural products on the international market.
B.3.1. Case of Cultural Dispute Between Countries Member of Regional

Organization
Indonesia and Malaysia often have a dispute over cultural heritage because of the
neighboring location and similarity in some aspects. Both countries are the member of
ASEAN. Despite sharing ethnic, cultural and religious identities, Indonesia and Malaysia -
both predominantly Muslim - have been embroiled in occasional disputes over matters such
the treatment of migrant workers, territorial disputes and, more recently, cultural icons.
About 2 million Indonesians work in Malaysia, mainly as plantation labourers and domestic
maids, and anger has been on the rise over reports of abuse of migrants by their Malaysian
employers. In June, Jakarta stopped sending maids to Malaysia temporarily until the two
countries agreed on new measures to provide better protection to the workers.
The latest controversy is not the first time that Indonesians have been up in arms over the
perceived theft of their cultural icons. A similar spat erupted two years ago over the use of
the Indonesian folk song “Rasa Sayange” in another Malaysian tourism advertisement.
Malaysia has apologized for the use of the Balinese Pendet dance, claiming that the mistake
was made by a production house paid by Malaysia's Tourism Ministry to produce the
commercial, which has since been withdrawn.
These kinds of dispute bring both countries into high-tense relationship, hence, since both
countries are the member of ASEAN, the organization should find a way in how to prevent
this kinds of problem.

B.4. Questions A Resolution Must Answer (QARMA)
Realizing that culture is one of the most important instrument in regional organization, TD
B will find a resolution about how to use culture to make a solid regional organization, and
in other hand also promote culture. The resolution should answer these following questions:
1. How can the nations enhance the cooperation in culture among the member of
regional organization? How can nations utilize culture to tighten the bond of the
member of regional organization instead of causing a dispute?
2. How can the regional organization accommodate the different culture of each
country member towards the union of the organization? What spesific measures
should be taken by the regional organization in order to promote culture in its
region?
3. How can the regional organization prevent the possible cultural dispute of its country
member? How can the regional organization react if there’s any cultural dispute
between its counties member?
Table Discussion C:
Education As A Foundation of Multicultural Communication
C.1. Background
C.1.1. Education in A Globalization Era
From centuries to centuries, education have always been an important issue for many
sectors. A good education promised a career advancement, self acknowledgment, higher pay,
etc. As for globalization, education take a very central position as main foundation to
compete with other nations. In the Global community, the communication is very intense
between nations to nations or even from person to person. The diversity of culture between
nations could caused a gap in the communication, hence understanding and high solidarity is
needed to reach an effective communication. The disparate education level of countries is
still clearly seen, this should be realized by the global community as a global problem and the
young generation as the future leaders should take this challenge to make a better education
to reach the harmonization of globalization.
C.1.2. Multicultural Communication
Researchers and educators can use communication theories to understand and improve
multicultural communication. Most theories look at communication as a process, and in
recent decades this view has become its own field of research in a variety of disciplines.

When analyzing communication, philosophers also consider its necessity in the situation, its
localization, and the activity through which the communication occurs. These factors
influence the intensity of the communication and focus particularly on the peculiarities of
emotional responses between the participants as well as the respective degrees of satisfaction
regarding the communication. From a philosophical perspective, the primary aims of
communication are to promote one’s self or to develop a sense of identity. However, the
other participant must be satisfied through the communication as well.
Based on these models, the complexities of multicultural communication become obvious. If

the majority culture uses communication to promote the political or sociological agendas of
that group, the outcome may result in conflict for the minority groups, particularly if they are
approaching the communicative process as a means to develop self-identity
The need for effective multicultural communication is becoming more prevalent in the
world as countries do more business globally and borders disappear. To be effective in
multicultural communication we must anticipate audience expectations, which can be known
only through the study of the culture. While establishing relationships with people is the
most effective way to accomplish this task, people often do not have this opportunity. When
communicating with someone from a different culture, we must know some basic concepts.
In observing other cultures, the differences are striking: the way people greet each other,
dress, negotiate and resolve conflict, and even the way visual information is seen and
perceived. Other differences are topics of conversation. Even if we do not have the
opportunity to study other cultures in depth, some of the most important concepts to know
are the differences between high- and low-context cultures, collectivism and individualism,
reserved and expressive cultures, what topics are appropriate for discussion, and how hand
or facial gestures might be interpreted.
It is very important to study nonverbal language before speaking with people from a
different culture. More expressive cultures tend to have more direct, intense eye contact than
reserved cultures. Even to walk side by side talking and walking at the same time would be
“impersonal and cold”. In East and Southwest Asia, however, people feel uncomfortable
with too much eye contact. Latins seem to wear their hearts on their sleeves. They trust
people who show their feelings openly and distrust those who mask their emotions. In
contrast, the taciturn Japanese and Germans may regard such displays as childish and
immature. People in North America maintain moderate eye contact; however, most North
Americans would not be comfortable with a person who would not look them in the eye.
They would see this as a sign of dishonesty.
Because we are becoming a more globalized world and our borders continue to disappear as
companies merge with overseas companies, marketing promotion slogans are translated into

many languages, and new technology becomes more prevalent. Student exchange programs
pr
are becoming increasingly popular
popular. If people travel to another country or even have written
correspondence with people from other cultures, audience preferences must be
accommodated. Communicating effectively with people from other cultures is not simply
s a
problem to be overcome, and it should not be perceived as such. It will take effort to learn
the most appropriate ways to communicate, but it is a standard that must be achieved
C.2. The Role of International Organization in Education and Multicultural

Multicul
Communication
C.2.1. UNESCO
The United Nations Educational, Scientific and Cultural

Organization (UNESCO;; is a specialized agency of the United
Nations established on 16 November 1945. Its stated purpose is
to contribute to peace and security by promoting international
collaboration through education
education, science, and culture in order to
further universal respect for justice, the rule of law, and the
human rights along with fundamental freedoms proclaimed in the
UN Charter.. UNESCO has 193 Member States and seven
Associate Members. The organization is based in Paris, with over
50 field offices and many specialized institutes and centres throughout the world. Most of
the field offices are "cluster" offices covering three or more countries; there are also national
and regional offices.
C.2.2. SEAMEO
Southeast Asian Ministers of Education Organization (SEAMEO) is

another international organization (regional organization it is) that
concerned in Education. The scope of SEAMEO of course only
covered the Southeast Asian. SEAMEO was established on 30
November 1965 as a chartered international organisation whose
purpose is to promote cooperation in education, science and culture in
the Southeast Asian
sian region. Its mission is to enhance regional
understanding and cooperation and unity of purpose among SEAMEO Member Countries
and achieve a better quality of life through:
• the establishment of networks and partnerships

• the provision of an intellectual forum for policy makers and experts
• the promotion of sustainable human resource development

In order to achieve its goals, SEAMEO has done some projects and events, it’s also
cooperate with other organization such as UNESCO and some countries outside the
Southeast Asian countries. The most recent collaboration is with The Republic of Korea,
this project aims to promoting cultural understanding and exchange through folktales.
Valuing folktales as a tool for improving the quality of primary education, especially literacy
skills, life skills and cultural understanding of students, the Southeast Asian Ministers of
Education Organization in collaboration with the Asia Pacific Centre of Education for
International Understanding (APCEIU) organized the SEAMEO-APCEIU Regional
Meeting on the Use of Asian Folktales in Classrooms on 10-11 August 2010 in Bangkok,
Thailand.
C.3. Current Situation
C.3.1. Education As A National Affairs
The basis of education of course depends on each country. In developing countries, the
number and seriousness of the problems faced are naturally greater. People in more remote
or agrarian areas are sometimes unaware of the importance of education. However, many
countries have an active Ministry of Education, and in many subjects, such as foreign
language learning, the degree of education is actually much higher than in industrialized
countries; for example, it is not at all uncommon for students in many developing countries
to be reasonably fluent in multiple foreign languages, whereas this is much more of a rarity
in the supposedly "more educated" countries where much of the population is in fact
monolingual.
But without capacity, there is no development. A study conducted by the UNESCO

International Institute for Educational Planning indicates that stronger capacities in
educational planning and management may have an important spill-over effect on the system
as a whole. Sustainable capacity development requires complex interventions at the
institutional, organizational and individual levels that could be based on some foundational
principles:
• national leadership and ownership should be the touchstone of any intervention;

• strategies must be context relevant and context specific;
• they should embrace an integrated set of complementary interventions, though
implementation may need to proceed in steps;
• partners should commit to a long-term investment in capacity development, while
working towards some short-term achievements;
• outside intervention should be conditional on an impact assessment of national
capacities at various levels.

A lack of good universities, and a low acceptance rate for good universities, is evident in
countries with a high population density. In some countries, there are uniform, over
structured, inflexible centralized programs from a central agency that regulates all aspects of
education.
• Due to globalization, increased pressure on students in curricular activities

• Removal of a certain percentage of students for improvisation of academics (usually
practised in schools, after 10th grade)
The problems of education commonly relate to funding, teacher quality and the status of the
teaching profession, student academic performance and standardized testing, racial
imbalances and equal educational opportunity, and the curriculum in relation to labor force
needs and global competition. New problems, such as teacher shortages, overcrowded and
unsafe schools, and unequal access to educational technology join other perennial issues in
education such as gender bias and the bilingual education debate. The educational system as
a social institution and individuals’ educational experiences and levels of attainment are key
factors in addressing other social problems.
C.4. Questions A Resolution Must Answer (QARMA)

We are now living in a borderless world, therefore we must be ready for a multicultural
communication that has been more intense past years. How to make education as a
foundation of this communication is very important. TD C will seek the way to tackle this
problem and make a resolution that should be answer these following questions:
1. How can each country enhance its education level in a globalization era? How can
countries cooperate with the international organization to tackle the multicultural
communication issue?
2. What spesific measures should be taken by the international organization to solve this
problem? How can the resolution by the international organization implemented
evenly?
3. How to tackle the multicultural communication problem? Such as the different ethnic
and cultural backgrounds. How to make people still develop and respect their own
identity while trying to make a multicultural communication?
Sources:
http://www.unesco.org/
http://www.en.wikipedia.org
http://www.cic.nyu.edu
http://www.google.com
http://www.itu.org

Academic Visits
In other ALSA International events, usually, there will be a visit to courts and or law
firms’ aims at letting students learn more about different legal systems and working
conditions of lawyers of each country. On our upcoming ALSA Indonesia Study Trip
2010, the academic trips will be different yet interesting to join. Here are the visits:
1. Traditional Living Law: Law Lives in Harmony

Introduction of Pecalang and how it works in Balinese living laws and customs
Venue: Deputy of Cultural Bali
Activities: Lectures and explanation about Pecalang (Balinese traditional police and
public security) and Prajuru in Bali, interact with Pecalang and other culture of Bali.
2. Diplomatic Discussions
Building Diplomacy with Culture
Prospective trip: Foreign Consulate in Bali
Prospective activities: Consulate visit and discussions and watch cultural performance
and attraction
Cultural Trips
Trips
In cultural trip, delegates will visit some famous places of interest of Bali and
experience its exquisite traditional culture. Here are some places of interest on the trip:
1. Garuda Wisnu Kencana
Designed and built by Nyoman Nuarta, one of Indonesia’s
foremost modern sculptor, the Garuda Wisnu Kencana statue or
GWK and its pedestal building will be standing 150 meters tall with
its wings span 64 meters across. Made from more than 4000 tons of
copper and brass, the statue is picturing Lord Wisnu, as the source
of wisdom, riding on the back of the mythical bird Garuda as the
manifestation of conscience toward Amerta, the perennial goodness.

The statue and its pedestal will be surrounded by more

than 240 hectares cultural park which was once an
abandoned and unproductive limestone quarry. The cultural
park will provide attractions for both local and foreign
visitors with supporting facilities such as Lotus Pond,
Festival Park, Amphitheater, Street Theater, Exhibition
Hall, as well as Jendela Bali the Panoramic Resto and
souvenir shop. At present time, the statue of Wisnu, the statue of Garuda, and the hands of
Wisnu have been placed temporarily in three different plazas within the park. GWK Cultural
Park is intended to educate, especially the young generations about the importance of
preserving and cultivating world’s cultural heritage.
2. Dreamland Beach
This beach is an alternative beach in Bali besides
Sanur Kuta and Nusa Dua which is quiet yet
extremely beautiful. This beach has white shore with
very beautiful cliff around it. This make Dreamland
beach different from other Beach in Bali. For tourist
who loves Surfing also able to test their skill here
because this beach also has good waves, maybe as
good as Uluwatu waves and even better than the
waves in Kuta. Dreamland Beach located about one
hour from Denpasar, located in Jimbaran, Bukit area.
3. Ulu Watu
Pura Luhur Uluwatu is one of Bali’s kayangan jagat
(directional temples) and guards Bali from evil spirits from
the SW, in which dwell major deities, in Uluwatu’s case;
Bhatara Rudra, God of the elements and of cosmic force
majeures. Bali’s most spectacular temples located high on a
cliff top at the edge of a plateau 250 feet above the waves
of the Indian Ocean. Uluwatu lies at the southern tip of
Bali in Badung Regency.

Yet in 16th century, it was rebuilt by a reformer

priest, Pedanda Wawu Rauh. After experiencing some
renovations in 1949 and 1980, the temple shows off
the old and new structural combination. Besides the
temple, Uluwatu is now becoming famous among the
surfing experts that dare to challenge the surf break.
On this trip, delegates will be given opportunity to
watch an exquisite and exotic live performance of
Kecak Legong Fire Dance.
Social Events
Welcoming Party
Welcoming party with the theme “Balinese Luau Party” will introduce you to the beach in
Bali. In this welcoming party the dresscode is casual beach attire. The cozy ambience give
you chances to know other delegates and share some stories.
Cultural Night
In this very exquisite and fun cultural night of ALSA,

delegates will dress up in their traditional costume and
have to perform any cultural performance to show the
delegates from other countries your culture.
Farewell Party
Finally the Study trip has to end, and for this farewell party the theme is “Mardi Gras Mask
Party” so the delegates should wear a mask and the dresscode is formal suit for men and
dress for the women. In the farewell party, each delegation will have to perform a
performance, remember it has to be an unforgettable one! Don’t forget to bring souvenirs to
exchange with your fellow delegates.

Schedule
Saturday, November 6th, 2010

12.00 - 19.00 Delegate’s arrival, registration and check in
19.00 - 22.00 Welcoming dinner: Balinese Luau Party
Sunday, November 7th, 2010

07.00 - 08.30 Breakfast
08.30 - 09.15 Opening Ceremony
09.15 - 11.30 Symposium 1
11.30 - 12.30 Lunch Break
12.30 - 15.00 Symposium 2
15.00 - 15.15 Coffee breaks
15.15 - 17.30 Table Discussion
18.00 - 19.00 Dinner
Monday, November 8th, 2010

07.00 - 08.30 Breakfast
10.00 - 12.00 Table Rotation
12.00 - 12.30 Lunch break
12.30 - 14.00 Visit to Pemda Bali: Introduction of Pecalang
14.00 - 16.00 Visit to Consulate of Brazil: Diplomatic Discussion
16.00 - 19.00 Back to hotel, dinner
19.00 - late Cultural Night
Tuesday, November 9th, 2010

07.00 - 08.00 Breakfast
08.00 - 11.00 City tour to Garuda Wisnu Kencana
11.00 - 12.30 Lunch and Journey
12.30 - 14.30 City tour to Dreamland Beach
14.30 - 15.30 Journey
15.30 - 18.30 Ulu Watu Temple seeing Kecak Legong Fire Dance
20.00 - 22.30 Farewell Party: Mardi Grass Mask Party
Wednesday, July 14th

09.00 - 12.00 Delegate’s check out

The Organizing Committee
Project Officer
Keshia Sifra
Co-Convener I
Co-Convener II Co-Convener III Co-Convener IV
Academic and Co-Convener V
Non Academic Transportation Caretaker and
Delegate Administration,
and Technical and Trips Welfare
Relations Acommodation
Rizky Aliansyah Mario Mandang Munawar and Publication
Devyta Wijaya
Cindy Nur Fitri
Head of Table
Discussions Caretakers

Delegate's Guide For ST Indonesia

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Delegate’s Guide Book

Reaching out the Harmony of Globalization through Cross Cultural

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Greetings from Academic Activities Coordinator

I’m wishing you an enlightment in Symposiums, a fruitful discussion in Table Discussion

Take care and see you soon.

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

ALSA National Chapter

Sriwijaya University - University of Indonesia - Padjadjaran University –

Annual events of ALSA Indonesia are:

Musyawarah Nasional (National Assembly)

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

ALSA Study Trip 2010

This event has the following details:

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Symposium 1: International Patent Protection Towards Cultural Heritage

Symposium 2: Local Wisdom as Global Solution

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Cultural Claims and Cultural Property Disputes as a Challenge of Diplomacy

A.1.1. Cultural Property

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

A.1.2. Cultural Claims and Disputes

Because most cultural property

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

A.2. The Role of International Organization in Cultural Property Disputes

The United Nations Educational, Scientific and Cultural

UNESCO had initiated work on a new multimulti-lateral

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Although it’s not an intergovernmental organization, the existence of this kind of

A.3. International Law Related to The Cultural Property

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

According to an annexed Protocol, each State undertakes to prevent the exportation of

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

A.3.4. UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

The UNIDROIT Convention aims to harmonize the laws of participating countries

A.4. Questions A Resolution Must Answer (QARMA)

Finally, we witness the emergence of a new cultural politics of difference in place-based

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Culture As A Part of Regional Organization

B.1.1. Regional Organization

Regional Organization (RO) incorporate international membership and encompass

B.1.2. Culture And Regional Organization

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

The Association of Southeast Asian Nations, commonly

B.3. Current Situation

B.3.1. Case of Cultural Dispute Between Countries Member of Regional

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

B.4. Questions A Resolution Must Answer (QARMA)

Education As A Foundation of Multicultural Communication

C.1.1. Education in A Globalization Era

C.1.2. Multicultural Communication

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

Based on these models, the complexities of multicultural communication become obvious. If

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

C.2. The Role of International Organization in Education and Multicultural

The United Nations Educational, Scientific and Cultural

Southeast Asian Ministers of Education Organization (SEAMEO) is

• the establishment of networks and partnerships

ASIAN LAW STUDENTS’ ASSOCIATION LIVE,LEARN,AND LEAD WITH CULTURE

But without capacity, there is no development. A study conducted by the UNESCO