MoU VS Agreement

Sometimes, people in Indonesia cannot distinguish the difference between the function of MoU and Agreement, so that’s why there are some people who misuse both of the paper. Some of them think that MoU (stands for Memorandum of Understanding) can be used for a long term contract and has a strength legal binding. Some of the people think that MoU and agreement has no different. But the real is, there’s a huge different between MoU and agreement. The people in Indonesia especially a law student must to understand about this, so there will be no mistake when they have to take care about it.

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So I’d like to explain a little bit about what is MoU itself and also agreement…

Memorandum of Understanding is a pre-contract agreement, basically the paper isn’t known in conventional law in Indonesia. But practically, MoU always used by the people especially in commercial areas. MoU by its definition is a legal acts from one of party or legal subject to declare the point to the other party that related to it about offering something that one of the party has or owned. In other word, MoU basically is a preliminary agreement which arranges and gives a chance to every party to has some feasibility studies first before making a detail and has strength legal bind agreement.

Based on its definition, it can be concluded that MoU is a legal paper of preliminary engagement or foundation of certainty. The content of MoU is only some of the principle things, not too detail. MoU has expire time, in other word it’s only temporary kind of agreement. Usually, MoU made informally, so there’s no force responsibility to make it into a contract or detail agreement, because there’s still a hesitation from one of the party to the other party so MoU was made to prevent the difficulties of cancellation.

As legally binding, the definition of agreement is an agreement reached between the parties who give the legal binding consequences to each other and in order to implement the points of agreement. If one of the party denies the agreement or do the default, so the party who did the default has to indemnify to the party who has been aggrieved such as written in the agreement. So agreement has strong legal impact than MoU. But in the real life, some of the people mention MoU but the contain is like a real agreement with a strength legal bindng. That is one example of the mistake.

In an agreement, there are some requirements in order to make it legal and has legally binding. There are two requirements of agreement. The first one is subjective term and the second one is objective term. The subjective term contains two requirements, the first one there’s a meeting of mind which is every party have already agreed with the condition. And the second one, the party is proficient in legal action. For the objective term, there are also two requirements. The first one, in every agreement must be caused by a certain thing, it means that every object has to be clear and obvious. The last one, in every agreement must be caused by legal object and not against the law.

 

 

Note: The picture is taken from www.google.com

 

Balinese Day of Silence

Two days ago, 12 of March 2013 is a Balinese ‘Day of Silence’ named Nyepi which commemorated every Saka New Year or Isaawarsa as Hindu people called it. This day falls in Tilem Kesanga quantification which believed as a day of Gods sanctification in center of the ocean, so that’s why Hindu people also do the same, sanctification to themselves in Day of Silence. ‘Nyepi’ came from ‘Sepi’ word in Indonesian language, and ‘Sepi’ is Silence in English. Hindu people start to Nyepi when the day of Saka New Year is coming. It’s very different with other people when celebrating New Year on January 1st, Hindu people do nothing in a first day of Saka New Year. There will be no any activities when Nyepi, even international airport in Bali will also be closed.

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Main purpose of the day of silence is, Hindu people do the sanctification for every sins that they ever did in their life and they also beg to God to gives them a strength to make a better life in the future. So, in the day of silence, they will take their time to stay at home and reflect on themselves to be a better human. So that’s why all the activities in Bali except hospital will be closed. Before the day of silence, there are some ritual ceremonies:

1.    Melasti

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In Melasti Ceremony, Hindu people have to clean up all of the facilities or infrastructures of the place of prayer, after that all of the prayer things are carried to the purgatory like beach or another sacred water source. The main purpose of this ritual is to purifying the human being, nature, and sacred prayer things by pray and beg to God through the ocean, lake, or river. Beside that, the purpose of this ceremony is to begging God to gives Hindu people strength to pass through all of the Nyepi rituals. This ceremony has to be done 3 days before the day of silence.

2.    Tawur

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Hindu people will do Tawur Kesanga ceremony a day before Nyepi. This ceremony in order to loose all of the evil unsures in human so the evil unsure will not stay and follow in human soul for the next year. This ceremony can be called as Buta Yadnya ceremony, because Hindu people will make caru (such food offerings) to be offered to the Sang Buta Raja, Buta Kala, and Batara Kala in order to not disturb the Hindu people while Nyepi.

After the ceremonies, in the day of silence, Hindu people will do Catur Bratha Penyepian. Catur Bratha Penyepian contains of four taboos, there are Amati Geni (not set a fire), Amati Karya (not do any physical works beside soul) purifying, Amati Lelungan (not travelling or go outside), Amati Lelanguan (not do any entertainment things). All they have to do is yoga, meditation, and asceticism. All of those taboos in order to control their emotion and all of their evil desires so they could reach a peaceful soul and serenity, also they could reflect and introspection themselves. Hindu people have to do this in one whole day, start from sunrise until tomorrow (24 hours).

After the day of silence, all of the activities will be back to normal. The day after Nyepi called Ngembak Geni. In this day, Hindu people will start the day with pray to the Hyang Widhi (God) for a better year. Then, they will visit their relations and forgive each other, this activity called Dharma Santi. So, this is the end of the ritual series in welcoming Saka New Year for Hindu people. The summary, Nyepi is a big day for Hindu people to restart themselves through pray, reflect themselves, and meditation in order to welcoming Saka New Year.

 

Note: The picture is taken from www.google.com

Lunar Traditions

Lion Dance/Barongsai Show

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When chinese new year is coming, there are so many Barongsai show in the mall, you may have seen one of the Barongsai attraction which is so incredible. Barongsai attraction is a must do tradition when lunar new year’s coming as a prosperity symbol. Barongsai is chinese traditional dance when the dancer using big lion costume. This traditional dance popular in 420-589 century, precisely in Nan Bei Dynasty. At that time, King Song Wen’s force made a replication of lion’s doll to drove away the King Fan’s army, and the mission was successed, then finally Barongsai dance became a legend. Barongsai is a symbol of a brave lion, believed it had a mystical and magic energy which can drove away the demons and also brings prosperity, peace, and happiness.

Giving Angpao

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The tradition of giving money as a gift in lunar new year to the children was begun in Ming and Qing dynasty. The children used the money to brought cakes, cookies, and firework, this could increasing the circulation of money and also the rotation of economic in China at that time. Because the smallest nominal of money in China is a piece of bronze, this money had rectangular hollow, so the middle of this money tied becoming a string of money with a red rope. The rich family will tied 100 pieces of bronze to be given to their children as their gift in chinese new year. Until now this tradition is still preserve, because the children always waiting for angpao from their parent, uncle, and aunt in chinese new year day.

Red Decoration

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Based on the myth and the legend about it, chinese new year was celebrated when chinese people successfully took down the myth big monster called Nian, it means ‘year’ in chinese. Nian always showed up in a first day of new year, and it always preyed the livestock, and even ate children. To be safe from Nian, chinese people putted some foods in front of their door, because they believe that Nian would go after took a food from them. But one day, Nian running scared because Nian saw the children wore red costume. Since that moment, when the chinese new year will come, the people decorate their house with red colour like the gordyn and stuff so Nian will never come again, but in the end Nian was conquered by a master in China, then Nian became his ride. Until now the chinese people still decorate their house with red colour as a tradition when chinese new year is coming. Because according to chinese people, red colour means brave, prosperity, and luck.

12 Kinds of Dishes

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When celebrating chinese new year, the people who celebrate it have to serve 12 kinds of dishes and also 12 kinds of cookies, these dishes symbolize 12 kinds of zodiac. The zodiac are chicken, snake, mouse, tiger, dragon, pig, monkey, goat, horse, dog, rabbit, and buffalo. Each dishes has its own meaning, for example, noodles means long life and prosperity, lapis legit cake means tons of luck in this new year, fish means the symbol or water, and duck or chicken means the symbol of air.

12-shio

 

Note: The picture is taken from www.google.com

Gong Xi Fat Choi!

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Gong Xi Fat Choi! It means Happy Chinese New Year! Chinese new year is the most important day for chinese people, it also known as Spring Festival. Outside the mainland of China, Chinese New Year known as Lunar New Year. Lunar means Month Calendar, and it celebrated from 1st until 15th day in a 1st month according to the chinese lunar calendar. Chinese lunar calendar has a different way in making a calendar, because it combines the calculation of sun, moon, 2 energies of yin-yang, zodiac astrology, 24 seasons, and 5 unsures. Because 1/5 of tellurian is Chinese people, so chinese new year is celebrated in a place where chinese people lives, including Taiwan, Korea, Mongolia, Vietnam, Nepal, Bhutan, and Japan.

There was a history before the existence of chinese new year. Before Qin Dinasty, date of the beginning of a year was still unclear. There was a possibility if the beginning of a year started in the 1st month in Xia Dynasty, 12th month in Shang Dynasty, and 11th month in Zhou Dynasty in China. The first emperor in China, Qin Shi Huang changed and decided that Chinese year started in 10th month in 221 BC. But, when 104 BC, Han Dynasty decided that the 1st month as a beginning of new year since now.

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Calculation system of Chinese calendar using elements or any factors which combined comprehensively like sun, moon, zodiac, seasons, 5 unsures and energies. Chinese calendar has day, month, year system 12 years period and 60 years period. 60 years period is a combination of 3 factors, 12 zodiac, 5 unsures, and 2 energies, it means that it’s just a year in 60 years that chinese calendar has same zodiac, unsure, and energy. For example, Mouse Year with fire unsure in 1936 will be back in 1996. Because of its complexity and really comprehensive, chinese calendar is the best system of calendar ‘cause it’s very complete and harmonize if we compare with another kind of calendar in the world.

You may have wondered why every chinese new year the decoration is always red. Based on the myth and the legend about it, chinese new year was celebrated when chinese people successfully took down the myth big monster called Nian, it means ‘year’ in chinese. Nian always showed up in a first day of new year, and it always preyed the livestock, and even ate children. To be safe from Nian, chinese people putted some foods in front of their door, because they believe that Nian would go after took a food from them. But one day, Nian running scared because Nian saw the children wore red costume. Since that moment, when the chinese new year will come, the people decorate their house with red colour like the gordyn and stuff.

Lunar New Year is a moment when all the family be together to celebrate it, start freshly in new year, new hope for more prosperity in life. Gong Xi Fat Choi is mandarin language of saying happy chinese new year. For the children, they will say Gong Xi Fat Choi Ang Pao Na Lai, it means happy chinese new year, give me angpao. Ang pao is like a gift or money to the children, it’s like a tradition since a long time ago. Now the old of chinese calendar is 26 centuries, 6 centuries older than BC calendar.

 

 

Note: The picture is taken from

The Intriguing Kecak Dance

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There’s a special traditional dance from Bali which is very famous and intriguing, it’s Kecak Dance. Kecak dance is Bali original show which only played by men, created in 1930 by Wayan Limbak cooperate with German painter, Walter Spies. Dozens of men dancer sit in a circle then with a rhythm they will shout and say ‘cak’ while put their both arms up. The duration of the dance performance is about 40-60 minutes. The dancer who shouts ‘cak’ wears plaid fabric like a chessboard in their waist and topless. Another dancer will play Ramayana figures, because kecak dance is about describing Ramayana story.

BTW, what’s Ramayana story? Ramayana is an old story from India composed by Walmiki. The story was about Rama who fought for saved his lovely wife Shinta, because Shinta was kidnapped by her admirer, Rahwana.

So, kecak dance describes about how Rama with his line of apes fight Rahwana to save Shinta in a traditional dance way. Kecak dance song came from Sanghyang ritual dance, in that ritual the dancer will be in unconscious condition communicate with God or ancestral spirits, then deliver its expectations to the society. Beside took a song from Sanghyang ritual, kecak dance doesn’t use any music except the sound from the anklet which used by the dancer who play as Ramayana figures.

As a show, kecak dance supported by some important factors like music from the voice of 50-70 men who shout ‘cak’ and all the men makes music by acapella. That makes kecak dance very different with another performing arts because it doesn’t need any musical instrument but the voice of the man who shout ‘cak’ with the ryhthm, so it still sounds so harmonious interspersed with some other accent. Beside the music, the narrator who lead the story is also very important in kecak dance because the main focus in kecak dance is the story and the blending of the ‘cak’ voice.

In this dance, after the show of Ramayana story, the show will be continued with Sanghyang Dedari and Sanghyang Jaran dance which its dancer could dance above the live coals because it’s pretty sure that the dancer possessed by spirits. This dance is a ritual dance to cast out the demons, the dancer of Sanghyang Dedari are two virgins. In Sanghyang Jaran dance, the dancer is a men who possessed by spirit so he could dance like a horse on live coals.

As it said in a first paragraph that kecak dance was created by the famous dancer in Bali, I Wayan Limbak and a painter from Germany, Walter Spies in 1930. At the beginning, they were mesmerized by the Sanghyang ritual dance where the dancer was dancing controlled by the spirits. Sanghyang ritual itself is a ritual from pra-Hindu tradition in order to refuse the cursed. Then the ritual was adopted by I Wayan Limbak and Walter Spies became a performing art to be showed in European countries, the dance called Tari Kecak. According to the tourist, the sound of ‘cak, cak, cak..’ is similar with monkey’s sound, so they sometimes called the dance as Monkey Dance.

 

 

Note: The picture is taken from www.infokebali.com

Balinese Exotic Drinks

Arak Bali

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Arak is an alcohol drink fermented by coconut water and other fruits, it could be made from rice or glutinous rice through a process called ‘pentapean’. Arak is similar with palm wine, and it contents 37-50% alcohol. In Bali, arak is kind of a drink which use for serving together with brem and palm wine on ritual ceremony. On ritual ceremony in order to honor the god, arak will be poured on banana leaves and then arak will also be splashed to the people through the flower. We know that the production of liquor already banned in Indonesia but in Bali, arak become one of the gift for every tourist who come to Bali. Beside its function to be used for ritual ceremony, arak Bali is also can be a warmer to relieve itching.

Brem

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Brem is a Balinese drink made from glutinous rice or glutinous black rice fermented with tape yeast. At the beginning, brem is a part of ritual ceremony in Bali, but now brem become a welcome drink for the guest or tourist or even a souvenir to bring home. Another privilege of brem Bali is brem Bali uses natural ingredient. Sine 1976, the making process of brem didn’t use preservatives or dyes in order to keep the taste. The tourists love brem Bali especially tourist from Japan, China, and other tourist from European countries.

Daluman Ice

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Green grass jelly is well-known by the name ‘Daluman’ in Bali since Japan colonialism. This traditional drink contains of green grass jelly mix with coconut milk and palm sugar. It’s very tasty to relieve the thirst in dry season. Beside its function to refresh our throat, it also useful to resolve constipation without consume any laxative. The difference between Daluman ice in Bali and another grass jelly in other place is its making process. Daluman ice making process is still traditional or we can say that we can do the process in our house. The coconut milk obtained from roasted coconut, so the taste is very authentic and more original. In its development, there’s an improvisation of making Daluman ice, like the syrup replacing the palm sugar and there’s another additional material to the ice.

Loloh

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There’s another unique drink in Bali that people rarely know. The name is Loloh, Loloh is a traditional drink for the noble in Bali in a long time ago. In Bali, Loloh means herb, but not the bitter herb. Loloh is very tasty and the taste is very unique because when you taste it you can feel the spicy, sour, salty, and sweet taste become one. Loloh contains of cem-cem leaves which already crushed and mixed with warm water and also cinnamon, betel leaf, other leaves, and serves with coconut water and palm sugar. So, you know why the taste is very fantastic. You cannot easily find this kind of drink in all of the area of Bali because the most existence of Loloh is in Bangli. Why? Because this area is a source of the main ingredient of Loloh. Loloh could help the people to lowers blood pressure and it’s very good to the breastfeeding mothers.

 

Note: The picture is taken from www.google.com

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