Monday, November 30, 2009

Legal Certainty AFTA 2010

No country in this world can avoid the requirement of Legal Certainty. In this rapid Global Era, if a country wants to create Healthy Business Climate, Legal Certainty is a must. The Gaps between the Poor and the Rich in Indonesia must be narrowed, if not the Poor People will  surely be frustrated with the ongoing Unfair System. 

In the Year 2010 AFTA ( ASEAN FREE TRADE AREA) will be applied, meaning that  Indonesian Business Investors are forced  to compete with foreign Investors from the AFTA region. The following are some information articles about AFTA occuring om Ist January 2010, from the above web :

ASEAN Free Trade Area (AFTA) is a trade bloc agreement by the Association of Southeast Asian Nations supporting local manufacturing in all ASEAN countries.
The AFTA agreement was signed on 28 January 1992 in Singapore. When the AFTA agreement was originally signed, ASEAN had six members, namely, Brunei, Indonesia, Malaysia, Philippines, Singapore and Thailand. Vietnam joined in 1995, Laos and Myanmar in 1997 and Cambodia in 1999. AFTA now comprises ten countries of ASEAN. All the four latecomers were required to sign the AFTA agreement in order to join ASEAN, but were given longer time frames in which to meet AFTA's tariff reduction obligations.
The primary goals of AFTA seek to:
  • Increase ASEAN's competitive edge as a production base in the world market through the elimination, within ASEAN, of tariffs and non-tariff barriers; and
  • Attract more foreign direct investment to ASEAN.


Based on the above development, we all in Indonesia must be fully aware that corruption  occuring in Indonesia results :  High Costs for Business  Investors Players in Indonesia. Thus,  if Corruption is not seriously tackled by the Indonesian Authority in Indonesia, the Indonesian Business Investors will loose its leverage of  competitiveness from the AFTA Business Players in this AFTA Region. We are than Forced  to fight Corruption, to enable the Indonesian Business Players to compete with the other AFTA members in this AFTA Region. This is also significant for increasing the social welfare of the poor People in Indonesia.

Real Significant Action must be made to reform the Legal System in Indonesia. This  must be applied to all level within the Police Department, The District Attorney, The Legislative, The Advocats and Lawyers and Businessman. The President had indicated its message to make such fight against the Court Mafia in Indonesia.

Jakarta, 1 December 2009
Agung Supomo Suleiman

Sunday, November 29, 2009

Level Of Trust On The Legal Institution In Indonesia

It had been quite a while that I visit this blog. I just wanted to say hello and greetings from Jakarta Indonesia. How is business at your end. I hope everything is ok. There is an important element which had to be settled in Indonesia in this coming  days. The Level of Trusts on the Legal Institution In Indonesia must really be healed. All the elements of Indonesia including the Business Society and Business Lawyer needs some assurance from the Top Level Government of Indonesia,  that they are really serious in supporting   the  Law Certainty and the Level Of Trust on the Legal Institution in Indonesia.

Without such assurance, the Business Investment Climate and the people welfare will be jeopardize. The People of Indonesia are really fed up and frustrated with the non-seriousness of the Authorized Legal Officers in handling the Corruption cases in Indonesia. Accordingly we are  all relying on the President of Indonesia to seriously instruct the Police Officers as well as The District Attorney Officers to accomodate the desires of the Indonesian People to conduct their tasks in a trusty, honest, Justice  and High Integrity manner. 

Saturday, November 28, 2009

Independent Business Lawyer

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You never can tell what kind of  business legal works will you be doing if you are on your own. If you are working as in-house Lawyer your legal work can be detected and be predicted which shall be within the surroundings of the business field of company that you are working. But if  you are Business Lawyer  on your own you cannot predict and expect what kind of  business legal works that you are doing.

You will be experiencing several Independent Business Legal Works which may range from preparing  MOU or Letter of Intent, or conducting Legal Due Diligence or drafting a complex agreements such  as Shareholders Loan Agreement, and other related business legal transactions.  It could be just  a meeting with your prospective Clients, which will tell you stories about their current business ventures and experiences including their stories and venture of  still trying to seek business ventures. The Prospective Clients who will contact you or who you contact may also be unpredictable.

They can be your former Clients who had experienced the Legal Services that you have once rendered. It may be Clients that you have contacted and asked whether they needed  any Legal Assistance in their business. There are even times that you do not have any legal services to do. The cash in  of your Firm  depends on the Legal Fess for the Legal Services  you are providing, which  may also unpredictable. 

Accordingly, if  you are on your own as an Independent Business Lawyer you may also have an uncertain cash flow,  where the cash-in really depends upon the condition of the Load work in your Legal Law  Firm. The size of your Legal Firm may also be different with the size of the other Law Firms. This really depends upon when you started establishing your Legal Law Firm . The  motivation, background  and circumstances of the Founder or Partner of such Law Firm may differ from one to the other shall influence such Firm.

For myself  as a Business Lawyer, the reason and background was because I wanted to be  more independent and have freedom in  shaping and  establishing my life style. Since my specialty happens to be shaped as a business Lawyer either as In-House lawyer and Legal Consultant or Partner in a Law Firm, the Vehicle that I have in mind, to accommodate my need back to  1st June 1998  was  establishing such "independent Vehicle" which is establishing and running an Independent Business Law Firm.

Accordingly, if I elect the life style more of an independent type, I had elected to use an Independent  Business Law Firm as a Vehicle to accommodate my independence. Besides  being  a Partner and Founder of the Law Firm of Suleiman Agung & Co for more than 11  1/2 Years since 1st  June 1998 , when I left being as In-House Legal Counsel of PT Freeport Indonesia Company (one of the biggest Copper Mining Company who operates in Irian Jaya Indonesia), I also enjoyed writing  about my life experiences related to my profession as a Business Lawyer  and also experiences about travel, spiritual and experimental movements.

I had also recently joined  Squidoo and Hubpages community,  who like to write  and  hopefully can also gain  some earnings from such Blogs which are being  linked  with Google Adsense, Ebay, Amazon and other affiliates and advertisement,  where we elect to be Publisher.


Revised 27th November 2009

Agung Supomo Suleiman        

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