Monday, October 01, 2012

Glimse of New Hopes Emerging Nation of Indonesia


We are proud of being a Business Lawyer and founder of SACO LAW FIRM (Suleiman Agung & Co)  where the Business Lawyer is an Indonesian Business Lawyer who managed to run its Strong Characteristic Determined Law Firm; During this 14 Years of experience in running our firm, we "Do not YET have any Foreign Lawyer in our Firm, however we are eager to establish and maintain good team work relation with Foreign International Law Firms to establish synergy in expanding our International Networks. 
  • 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 the drafting such laws there are several points which needs some international perspective which can cope foreign aspects and elements where usually consultants sponsored by the World Bank and other Foreign Donors may representing and accommodate the foreign interests being the donors of funds or loans borrowed by Indonesia; But if the Drafting or the results of the contents are against the spirit of the wants and wishes of the General Public of Indonesia, problems might arise in the implementation of such rules and laws;        

  • 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;                 
As Indonesian Business Lawyer, we for sure want to establish and are striving to  establish Law Certainty in  Indonesia; We are also having the desire and wishes that Indonesian Entrepreneur  has the chance to develop their capability and performance in their business ventures; In the level of professionals, managements, business lawyer, tax, human resources, technical level, and other professional skills,  there are many Indonesian professional,  who already gained knowledge in their respective professional  fields; 
  • 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;  
As   Indonesian Business Lawyer,  we are fully aware that Indonesia as a Developing Nation, who is  still facing  itself to "fight  corruption" which are indicated  involving certain  greedy Government Officials who are only thinking of their short minded abuse of powers,  in many levels of their positions,  in  collusion  with Political Parties and Businessmen, as shown in several Corruption Cases being handled by KPK;  As Indonesian we are,  however "happy now",  since there are several Genuine Honest Governor and Vice Governor" who have succeeded in wining the Governor's  Election in Jakarta in September 2012,  which we hope could have a "snow ball" affect  and  be used as a "Barometer of  New Hopes Emerging The Beginning of Honest and Public Servant Government Officer"   in Indonesia which are good sign to establish Healthy Good Governance Climate in Indonesia;

Jakarta, 1st October 2012
Agung S.Suleiman                    

Saturday, September 29, 2012

Laws are Political Products

The Laws in Indonesia seems to be more of a political result, since the Law is a product  made by the People's House Of Representative (or Dewan Perwakilan Rakyat- DPR - Parliament) (consisting of members from Political Parties who are having seats in the DPR)  together with the President. 
  • Since Indonesia is really a large archipelago consisting of hundreds of Islands stretching from Sabang to Merauke, then   in reality, in  order to establish a Party you have to have certain "financial capability" to establish and penetrate  your political network to be known to the 250 million people  of  Indonesia as your political target;  Of course there are already electronic media in the internet as well as TV stations which can broadcast  your  Political  Party "existence"; 
From the media news and rumors, we observe  that the source of the funds for political party to campaign are from business people who already had some source of  funds  generated from  their Business Projects; The problem which occur nowadays, according to the news and rumors,  in several parts of Indonesia, is that several Bupati's (Head of the Provincial District)  and Governor's  are  striving  monies sponsors  from  Company's  in their campaign  to be elected in the of Governor and Bupati's Election,  which in  return  promised to give projects from Government Projects, as well as  granting certain Business Licences needed by the Companies in their  District  Area;
  • These "Very Bad Practices"  also appeared  to be occurring in the Parliament,  where according to  rumors,  or so  called "Public Secret" that for several Departments,  who are proposing  for  having a Draft of Law,  which has to be channeled to the Parliament as the Legislative Institution, must   give  certain amount of monies  to the members of Parliament as a "trade of"   to  agree accepting and drafting such laws;  Since Indonesia  is  more transparency in this Democracy Era,  the above bad practices, are really being exposed in the Media,  where many members of the Parliament  as well as Governor /Bupati,  are being trialed  in the Court,  as result  of  the investigation  pursued  by KPK (Komisi Pemberantasan Korupsi - Corruption Eradication Commission);  This Corruption Eradication Commission is established by Law in Indonesia,  since  the people of Indonesia  has lost their "Trust of Level"  to the existing Judicial Institution; 

The above bad practices for sure caused high economic costs in Indonesia, since marked-up  are forced  to be made by business  companies to keep and maintain their profit margins; The people of Indonesia are already fed up with the Political Maneuver of the Political parties in the Parliament,  as well as the Governor and Bupati who are abusing their power for their own financial interest, and are really frustrated with the  bad attitude of this Political Clowns; This feeling of  frustrations are shown in Jakarta, recently  in September 2012, who had voted on the election of Jokowi - Ahok - who appears to be an honest couple of Governor - Vice Governor who had shown their honest intergrity - public servant during their respective former position in Solo - for Jokowi and Ahok ( Basuki) in Belitung;        
  • We all really  hope that  this will be a good start for Honest Government Era in Indonesia; The Parliament day to day attitude are being controlled by the Media - Press including us as owner of  Blogs, where we can also be part  the elements of controlling and monitoring the Executive- Judicial - Parliament, by posting our own version of perception in their actions and moves; 
Jakarta, 29 September 2012
Agung S.Suleiman
                     

Drilling Rig

Drilling Rig
oil gas

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