HI THERE IT's ALREADY MID MONTH OF OCTOBER 2013

Amazing isn't it we do not realize that it is already the 22nd of October 2013. Thanks GOD that we still survive and are alive. How is Business at your end? We hope that everything is ok at your end. In Indonesia the weather is quite hot and sometimes it's raining. If we look at the construction development in Jakarta it appears that there are many new high rise buildings being constructed. The streets in our Area which is near Fatmawati Street are being fast renovated and expanded to become  3 Row Ways, due to the preparations of the MRT or Mono Rail which are planned to be constructed from Lebak Bulus to Hotel Indonesia in Jakarta.

• The Governor of Jakarta seems to be very serious and consistent in implementing the development of the streets in Jakarta particularly in Fatmawati Street where I lived, where it only took around 1 (one) month to complete such renovation of the 3 Row Ways, where they conducted the construction at night, which according to my knowledge it only occurs during the Era of  Governor Jokowi and Ahok, which is similar to my personal experience observing road construction when I was in Holland. 

As you are aware Jakarta is the Capital City of Indonesia, by which it shall be the barometer and sample of how the upfront face of Indonesia will be exposed in the coming days and future  to come, after Jokowi  for 1(one)  Year had exercised professionally  as how Public Servants must actually performed as Public Servants in Indonesia.  

• For business actors and players these positive attitude shown by the Governor of Jakarta shall be a positive sign to attract investors establishing their offices in Jakarta. Green City Parks, water drainage, river  functions and additional volume of Bus Ways are being focused to be handled and tackled by the Governor of Jakarta during this 1st Year of Public Services by this Public Servant. We as the inhabitants in Jakarta can really feel the seriousness of handling the complicated matters faced by Jakarta by Governor  Jokowi. 

We as Business Lawyer feels having  a certain level degree of comfort  relating to  "Legal Certainty" due to the Strong and Solid Leadership shown by these 2 Leaders, where they demonstrated to be  sincere and can be trusted by the people in solving and handling the overwhelming comprehensive and complicated matters faced by the Capital City of Jakarta. 

• I think these are some real and actual feelings that we felt as inhabitants in Jakarta.

Jakarta, 22 October 2013

Agung Supomo.Suleiman           

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Writing Business Legal Aspects

Well, as Business Lawyer you like to write legal aspects relating to business in Indonesia.I ndonesia has been developing into a Democracy Society, where transparency and openness is a requirement to be performed by all the stake holders of this Country. Indonesia is an archipelago where there are many islands spread in the equator within the South East Asian Region. After the changing of the ruler of the previous former President Soeharto in the Year 1998, this country became a country in Asia where democracy is adopted. 

This transparency also spreads to the Business Sectors, where every person or party who wishes to conduct business in the Indonesian Territory  are given the same and fair chance to be a business player in the field of business. Anti Monopoly Act are being introduced in the Indonesian Law system.Good Corporate Governance are also being socialized in the Indonesian Business Community. During the Indonesian Economic Crisis in the Year 1998, many companies collapse due to the Economic Turbulence Crisis. Restructuring of the Non-Performance Loans had been made to revitalize the financial conditions of the Companies.

During  such period as a Business Lawyer we are experienced in helping our Clients to draft and negotiate the Restructuring Loan Agreements.  There were several  hair cut upon the Loan and rescheduling of the Repayment of the Loans. Now a  days  after the Indonesian Presidential Elections  and Vice President Elections as well as the Parliament elections were conducted, business society is waiting to experienced economic growth and business climate stability in order for the Business Players to start concentrating in pursuing their business.

The impact of the Indonesian  Parliament in controlling the Government is felt to be more of a political arena, where it could in a certain level affect the business condition in Indonesia. However, as a rule thumb of survival everybody needs to continue on their business ventures, where as individuals who are working as employees in Companies also needs stability in the Business Society to enable  them to work in their good quality performances.

In the Governmental Level in Indonesia, transparency and openness are also being required so that public services for the people as a whole including the business players who needs business  licenses and permits are simplified. The coordination between the Government Officials and policies in the Central Level and Regional Level are also required so that no contradictory policies are made which will affect the business investors conducting its business operation in the Regional Level.  

As a Business Lawyer, we are required to communicate and be the bridge for communication between our Business Clients and the Government Officers relating to the legals aspects and procedures involved in the business operations of our Clients. We have to read and observe the rules and policies in the Central Level and the Regional Level particularly to detect whether there occurs overlapping rulings and laws between the Central and such Regional Rules and Policies.    

Well those are some of the Business Legal Aspects that have to be observed and communicated effectively by the Business Lawyers to the Management of the Company where they work if they are In House Legal Counsel, as well as Business Lawyer on their own to their Clients.  

     

Do YOU WANT TO DO BUSINESS IN INDONESIA

If  you are answer is yes. this Country is eager to invite Foreign Investors to come to Indonesia. Indonesia is an archipalego with thousands of Islands from Aceh to Irian Jaya or Papua. There are many ethnics and immigrants coming to this Country. In terms of Certainty of its Law, this Country is trying hard within itself to establish Law and Justice or Law Fairness in its Society. I have been practicing as Business Lawyer in the Business Law in Indonesia for more than 30 Years, since 1979 and I am fully aware that Law Certainty is always the issue raised by Foreign Investors who comes to Indonesia. They always say that Indonesia does not have Law.

Foreign Investors has the perception that there are no consistency in the Indonesian Policy and the Rules between the Central Government and the Regional Government.  There is no good nor well coordination between the Technical Departments in Indonesia. The Laws between different Departments are overlapping and contradictory to each other which reflects weak coordination between such  Departments. They even laugh and make jokes out of the uncertain condition of Laws in Indonesia. I know such perceptions because I was assigned  as  In House Lawyer in Foreign Companies who do business in Indonesia.

So what are the Indonesian Government Response to the above?  Why is the perception like that ? Indonesia has reached a staged being a Democracy country after the students movement toppled the Suppressive Regime in  the Year 1998, when the Asian Countries was hit by the First Financial Crisis. Now the  Second Round of the Peoples Voices in Indonesia are Claiming for Equal Justice Treatment by the Indonesian Court System, where it starts from the Frame of the KPK Anti Corruption Institution  which  was strongly indicated from the Taped Recorded Conversation between Several Indonesian Legal Institution, Mafia Court Brokers and Certain Businessman  which was publicly heard in the Constitutional Court in Indonesia.

Thus the Second Agenda in this New Era of Indonesia is the Loud Out Cry to Have Legal Equal Treatment and Justice by the People of Indonesia.  The Freedom  of press in Indonesia is really  occurring these days. Even me as Business Lawyer can establish my own Blog where I can say my sayings through this blog of mine. Facebook members Voices are also having great influences and impact against the Unfair Legal Treatment to the KPK Anti Corruption Frame Victims. So the Era of Democracy and Pressure from the People through the Internet Media is really occurring in Indonesia. Yes, of course it  still needs a long process to establish Legal Fairness and Equality Before the Law.

However, since Indonesia is a Freedom Democracy Country with more than 200 Millions People, the People's Voice can no longer be ignored by the Parliament who frequently has to be pressured by the Independent Voices in  Indonesia, either by the Television Media, News Paper,  Facebook members  and all of us the people of Indonesia who NO LONGER  wants to be suppressed by the Executive, Parliament, Court Officers, District Attorneys  nor any other Institution if UNFair Treatment is felt.

In these Recent Years, many High Ranking Indonesian Officers are being captured and trialed after being  alleged by KPK  of conducting Corruption. But there are still many rumors that political involvement and discrimination upon who is being proccessed are attached to such process. The Member of the Political Parties are making political pressures  and bargaining through the Parliament among the Political Parties in making its moves against issues blow up in the Public.     

Apart of the above if you view   Jakarta, there are many High Rise Buildings being constructed,  which reflects that there are many  Construction Developers and monies being planted and parked in such High Rise Buildings, which Funds is indicated not  coming from Bank Loan but rather fresh monies. These means that  the Person who have  monies in Indonesia no longer wants to put  or  parked  their money out side  Indonesia, but they rather put their monies  in such High Rise Buildings in Jakarta, Indonesia .

These  may reflects that even though Indonesia is still uncertain in its Law and is still fighting hard to develop, Law Justice and Equality before the Law,  the Real Money owners prefer to put their money in Indonesia rather than parking it outside of Indonesia. This may occur  due to the  Global Economic  Financial Crisis  occuring  in the International Society including the USA for example which hits Lehman Brothers.

Thus Foreign Investors need also to consider the above factors and progress  developing in Indonesia and outside of Indonesia when they decide to invest their monies in Indonesia.

Cheers.
5 December 2009
Agung Supomo Suleiman