- Based on our experience during the 32 Years of Experience as Business Lawyer in Indonesia, where for 15 Years since 1st June 1998 me as the Founder of this Law Firm called SACO LAW FIRM, we understand that Indonesian Law will be potential to mastered Indonesia Laws Product and Policy since we understand and are fully aware upon the background culture, way of thinking of different of ethnics, political parties and interest, and the national interest of Indonesia which created and shapes the Indonesia Laws and rulings;
- In practice, there are instances where Indonesian Lawyers needs Foreign Lawyers to assist them in marketing themselves to International Business Clients, in order to be able to capture foreign Clients who are doing business in Indonesia; Your Ad Here
We understand that Foreign Lawyers masters foreign elements and aspects in a Business Transactions, depending on the Regional Area where they experienced practicing their law. However relating to Indonesian aspects, they just merely view it from the eyes of an outsider who does not know and master the background thinking of the Indonesian people, desires wants and the national interest of Indonesia; This is similar for Indonesian Business Lawyer, where they do not fully understand and master the foreign view, desires, wants of the foreign investors in pursuing said respective foreign investment 's interest in doing business in Indonesia;
- What I know, and is fully aware, from an Indonesian Business Lawyer perspective is that every foreign investors, where ever they come from, always wants to have and insist of having the full and major control on doing their business in Indonesia, in the Equity / Shareholder portion level, as well as in the management, financial and key positions in the business, which is fair enough, if you view it from the foreign investors perspective, depending on the share portion of their monies being funded, injected and contributed in the respective business.
If we focus and narrow down the business field to the Oil /Gas and General Mining Sectors in Indonesia, we then have to view it from a more general comprehensive prospective, since based on the Indonesian Concept and Principals, which are embodied in Article 33 (3) of the Indonesian Constitutional; Law Year 1945 all these Hydrocarbon, Mineral and Coal and Geothermal Natural Resources are actually owned by the People Of Indonesia as a whole, where, in the process of exploring, exploiting and producing, it must consider that the "End Result" of such Product must be for "the Utmost Social Welfare Benefit" of the People of Indonesia as a whole; I think, that in every country in this world , there must be a Strategy to be conducted, where said Natural Resources has to have the "Utmost Benefit "to its People or "National Interest" to the Nation, where the Natural Resources are Located, particularly due to the fact that such Hydrocarbon, Mineral and Coal are Non-Renewable;
- Accordingly, Indonesia must also have a long plan strategy that said Natural Resources, must not only be treated as a Commodity to be sold, and become a Source of Income for the State Budget, to develop the Nation, but must also be treated as as Energy to generate and fuel the Power Plant to generate Electricity for Industry, houses, buildings, hospitals, Universities, Public Schools and the need for fuel of Public Transportation;
- Relating to this empowering Human Resources, from our experience we understand that we have to fight and gain for our knowledge, in the know how in whatever field and professionals and we really must realize and be aware that we cannot rely and depend on the mercy or transfer of know how nor transfer of equity from foreign investors or professional, because in the real world there is no such kind of Party or Person who are willing to give up their power in the Equity/Shareholder Level as well as in the Management and Professional level in the Corporate phase; This "Rule of thumb " applies every where and in every country, in the real International Community;
Jakarta, 1st October 2012