Master of International Commercial and Business Law: Part 2 — An Overview
For some context, I’m a law graduate from an Indonesian university, where I studied Indonesian law under a Civil Law system. Civil Law, as many may know, relies heavily on codified statutes and regulations. It’s a system that emphasizes written laws as the foundation for legal decisions, providing clear frameworks and predictable outcomes. My professional experience as a Legal Officer in an Indonesian company reflected this approach, as I primarily handled Agreements, Memorandums of Understanding (MoUs), and legal reviews, all rooted in codified rules and procedures.
However, pursuing my Master of International Commercial and Business Law in Australia meant stepping into an entirely different legal tradition — the Common Law system. My only exposure to Common Law before this had been a small introduction during my undergraduate studies. At the time, it was treated as a theoretical comparison, almost an afterthought in a curriculum dominated by Civil Law principles. Nothing could have prepared me for the deep dive that awaited me in my first semester.
Adapting to the Common Law System
In Australia, I was thrown into the heart of the Common Law system — a system built around case law, judicial precedents, and interpretations of statutes. Unlike in Indonesia, where I would dive straight into codified laws to solve a legal question, here, I had to search through case after case to understand legal principles and formulate answers.
It was an entirely new learning style, and the adjustment wasn’t easy. For every assignment, I found myself sifting through hundreds of pages of judgments, trying to understand how similar cases had been decided, and piecing together the rationale behind those decisions. Where I once relied on the clarity of statutes, I now had to embrace ambiguity, critically analyzing how legal interpretations evolve through courts over time.
This struggle wasn’t just academic — it was mental. Reading case law required patience and precision, and for someone used to codified laws, it felt like being asked to navigate an unfamiliar maze. However, over time, I began to appreciate the depth and reasoning behind this system. I started to see how precedents provided flexibility, allowing courts to adapt laws to real-life situations and societal changes.
My Favorite Subject: Negotiation and Dispute Resolution
Amid the challenges of adapting to a new legal system, there were two subjects that truly stood out for me — Negotiation and Dispute Resolution. Though taught by the same lecturer, these subjects were held in different semesters, each offering unique insights that expanded my understanding and skills.
Negotiation was the broader of the two, focusing on principles, strategies, and techniques for achieving mutually beneficial agreements in various contexts. It explored how effective communication, preparation, and compromise could resolve differences, whether in business, law, or everyday interactions. This subject was deeply connected to the work I had done previously in my professional career as a Legal Officer, where I participated in negotiations with business partners, drafted contracts, and sought outcomes acceptable to all parties.
Dispute Resolution, on the other hand, took a more focused approach, centering on legal and practical mechanisms for resolving disputes when conflicts arise. While Negotiation aimed to prevent disputes or find agreements amicably, Dispute Resolution dealt specifically with addressing conflicts that had already escalated. It covered tools like mediation, arbitration, and other alternative dispute resolution (ADR) methods, highlighting their importance in resolving disagreements efficiently and fairly.
The best part about both subjects was their universal applicability. Unlike some areas of law that are deeply rooted in specific legal systems, the principles of negotiation and dispute resolution transcend borders. Whether in Civil Law or Common Law jurisdictions, the ability to communicate effectively, strategize, and resolve disputes is essential.
The simulations, case studies, and frameworks I studied during these courses gave me practical tools I could apply anywhere, in any career I pursue moving forward. They reinforced the value of building relationships, understanding opposing perspectives, and crafting solutions that are both effective and sustainable. These skills, I realized, are not just vital for lawyers but for anyone navigating the complexities of business, governance, or personal relationships.
Reflections on the Program
Pursuing my Master of International Commercial and Business Law has been more than just an academic exercise; it has been a transformative experience. From grappling with the complexities of the Common Law system to discovering subjects that align with my passion and career goals, the program has challenged and shaped me in ways I never expected.
The shift from a statute-heavy Civil Law approach to the case-based reasoning of Common Law pushed me out of my comfort zone, forcing me to become more analytical and adaptable. It taught me to embrace legal uncertainty, to think critically, and to approach problems with a broader perspective.
Looking ahead, I know that the knowledge and skills I’ve gained here will serve as a solid foundation for my future endeavors — whether I’m working in Indonesia, Australia, or anywhere else in the world.
In the final part of this series, I’ll share my personal connection with the University of Technology Sydney — how this institution shaped not just my academic journey, but also my growth as an individual. From the memories etched into its halls to the lessons I carry with me today, this will be a reflection on what UTS means to me and how it became a cornerstone of my experience in Australia. Stay tuned!
