Sunday, November 15, 2009

Overlapping Business Operation

As a Business Lawyer you have to collect all the significant data and information to enable to give the proper legal advices which are being requested by your Clients. If it relates to certain laws and regulation you have to research the laws and regulation from your library, and you must also research to the relevant Technical Department particularly the Legal Division of such respective Department. In Indonesia besides the written rules there may also be policies made by the Officers from such Department.

  • This depends upon your research to such Officers which sometimes needs your critical legal mind because you may found that the information from such officer may differ from one source and the other sources. As we know the Highest level in a Department in Indonesia is the Minister, and below this Ministerial Level there are many bureaucracy level from the Director General, Secretary General, Head Bureau, Head Sub Directorate and many levels below it. If you make the legal research in particularly relating to the policies or interpretation of certain rules or implementation rules issued by the Department concern,  you have to be sure which level of bureaucracy are you getting such information  because sometimes it depends upon the person who is giving such information whether they are helpful or mastering the  questions and issues that you are seeking to get such clarification.

If the ruling involved several other Departments such as Mining /Oil -Gas and the Forestry Department related to overlapping activities such as Logging, Saw Mills and the Drilling or Mining activities in a certain area of operations in the  field, where two or more activities are occurring, this may frequently result overlaping policies and ruling by the inter-departmental sectors where we may found weak coordination between this different Departments. This overlaping  rulings and policies will affect the smoothness operation in the field between this two or more business operation activities.

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In my experiences as Business Lawyer in the Oil/Gas as well as General Mining Operations, this overlapping issues frequently exists and occurs, where several meetings between the several Departments such as The Directorate of Energy and Minerals, The Forestry Department The Local Government Institution, The Agrarian Department, and other related technical Department and the respective Oil/Gas or General Mining Companies which also involved the In-House Legal Counsel   and the Logging or Sawmill Companies shall be called and conducted . This may also involved other activities such as Plantation activities.

  • Each respective parties shall forward and made their argumentation which all are basing on the legal rights they have as well as the legal rules and policies issued by each of the confronting Officers from such Departments, which meetings will usually  takes place at the Regional Level where the overlapping activities occur;  If in the lower level Dead Lock occurs since all the different parties are claiming to have their Legal Rights in conducting their Overlapping Activities, it will then be brought to the Higher level within the Central Government in Jakarta, where the Ministerial Level might be called to coordinate and solve this overlapping activities. Accordingly the Coordination Minister might be required to solve such overlapping rulings and policies.

Well the above are some brief glance picture what might occur in the Overlapping Business Operation Activities in Indonesia.

Jakarta, 15th November 2009
Agung Supomo Suleiman 


Thursday, November 12, 2009

Business Lawyer On Your Own

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We do not realize that as a Business lawyer if you are setting up your own Law Firm you will also be experiencing to be a Businessman selling your Professional Skill in Providing the legal Services as a Business Lawyer. However at the same time you are tight to the legal profession where you have to be honest in conducting your Legal profession. Thus the cash flows -cash in depends upon the Clients that are using you as a Business Lawyer. But at the same time in rendering the Legal Services you must observe and honor the laws and regulations as well as the Ethics and morals as a Business Lawyer.
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You must not breach the Law especially if your inner feelings can detect that something is against your deep consciousness. Accordingly, your rendering Business Legal Services to your Clients  besides the laws and regulations must also take into consideration  upon   the code ethics and morals which are felt, practiced  and accepted by the stakeholders in the business society within your places and jurisdictions .

The above is based on the experiences where sometimes as a Business Lawyer who are serving our Clients in the Business Circle,  we feel that Power  tend to manipulate  certain  situation and circumstances which is against  our Hearts and consciousness and common sense  being  felt by the common people who are seeking for equal treatment and fairness in the struggle for their day to day life.

Therefor even though Business Lawyer are Businessman who make their living  from their   Legal Professions  you are also at the same time a Professional  Lawyer who must give  advise on the proper legal and rulings as well as following and listening to your heart consciousness,  which may play an important significant role in making a decision to give advise and giving legal opinions which has to be within the high moral professional standards as a Conduct Of Honour of the Business Lawyers.       

The Truth sometimes is relative which depends upon which angle or side are you in the reality of life in this world.

Jakarta,  November 12, 2009
Agung Supomo Suleiman 

Monday, November 09, 2009

Serious Steps Must Be Made

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During this past 1 week, all the Indonesian People are focusing on the work by the Team 8 which are being requested by the President to make Facts Finding upon the allegation made by the Police Department against the framed Corruption Abolition Committee (KPK Officer ), which based on the media perception,  there is  actually no case, since the legal basis are merely made upon the report from Antasari ( the Previous KPK Officer) based upon the testimony made by a certain Businessman he called Anggoro, claiming that he had been pressed to give monies by certain KPK Officers,  which according to Antasari in the TV Media,  the information gathered by him from Anggoro, are still having many doubted and uncertain data.

This weak testimony which was made into a report by Antasari to the Police Department, are being used to put the Charges against CH and B as KPK Officer by the Police Department.  

Based on such above significant development, all our energy are thrown into this frustrated weak allegation, which many people are not convince with such allegation made by the Police Department, since there are really "no hard evidence", but is merely based on assumption and has no any strong legal ground evidence at all.

Ary Muladi, which had made the Minutes Procedure Investigation, being used by the Police Department  to make such charges and allegation, had actually revoked his previous statement, which  said that he had made  payments directly to the KPP officer, but, he  made correction statements saying  that  the payment was made through certain man, he called Yulianto, which until this present moment such name is never known and traced by the Police.

As we are aware,  Indonesia needs a Total Serious Mental Legal Reformation within the Indonesian Legal Institution, if it wants to develop a Healthy Investment Climate in Indonesia, so that the Indonesian and Foreign Investors could feel comfort upon the Investment that they are investing in Indonesia.

As a Business Lawyer  we have to be concerned in pushing the legal system to be more transparency and accountable to enable providing Legal Justice and Equality for all the people of Indonesia without any discrimination. 

It really takes and consumed a  lot of time and energy for the Indonesian people,  to develop such Certain Legal System where the President of Indonesia as the Leader of this Country has to have strong political will and consistent to gear  the conducive condition for establishing Good Legal Practices and Conduct within the Indonesian Legal Institution to be really implemented and  enforced in Indonesia.

Without this Strong Political Will from the Indonesian Government, it is really hard for us to have a dream of Legal Certainty In Indonesia to become reality.

The people of Indonesia are really fed up with the acrobatic Mafia Legal System, and therefore are perceiving Distrust to the Legal Institution Bodies  and therefore they are putting Chandra Hamzah and Bibit as their Hero Representing Honest Person who are being Criminalized by the Indonesian Legal System, or the War between The Crocodile ( Buaya ) and Cicak ( small reptile).       

Jakarta 9 November 2009
Agung Supomo Suleiman



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