Certain Universal Rules

Well, its quite a while that I visited this blog of mine; It is really exiting being the founder of a Boutique Law Firm, now called Suleiman Agung & Co ("SACO Law Firm") particularly if you are trying to connect your self with the Creator of this World that we are living; From my life experience, I  strongly feel that there are certain Universal rules that applies to all human beings as well as self employed professionals players whatever the professionals might be in this 1(one) world that we are living; 

• If you are allowed by the Creator to survive being an Independent individual or professional where you are self employed in the sense that you are not attached to a certain fixed income, you than start on trying with your best efforts to find a way out to cope with your cash flow; 

For sure and certain we understand that  there are  Certain Universal rules and principals which taught us  that we cannot just sit in our office and wait for a falling star or a basket of monies pouring  to our office or our pocket, but we have to market out and seek information within our networks to get some business deal done;

• From our life experience, we strongly feel that there is a big and huge difference between someone who in the process of life develop the awareness in the faith and believes that there is a Great Element Creator, outside of our selves, who had created this huge Universe including the 1(one) world that we are living, which is  that we as believers upon the Creator, are educated by our actual live journey experiences to really explore such live journey and by trying really hard to balance our day to day actual life, with God's Words in the Holy Books that had been sent down to us through the Creator's Messenger; 

We can found for example that the wind which blows is not just blowing by itself, but is actually a Good Blessed Message from the Creator, that the wind will blow Clouds into the Direction of a certain Land which are dry, by which water in the form of rain will be sent down and poured  to the dry land being part of the earth, so that living can start again after such long dry land, where seeds of the plants can grow resulting fruits and vegetables as God's kindness to us, so that we and all the animals can survive living and start to live again after suffering such long dry seasons;

• So these are actually many signs from the Creator addressed to us, who wants to use our mind, brain, and see with our eyes, ears as well as  hearts to be thankful to the Creator who is ALLAH The Most Merciful and Kindness to all of us in this world; However, we have to be patient and do our best efforts within our best efforts to continue living in our unique respective fields of skills, talent, potential strength as well weakness to complement with other integrated professionals and different fields  within our choice of works and places to seek opportunities to survive, and for us Believers to pray and be thankful for ALLAH kindness to us.  

These kind of feelings are similar to the cash flows of our Professional Business, where if we are patient, focused, tough with our efforts in striving to survive, after marketing our selves through our networks, and after we felt dry season in our cash flows or feeling as if we are in the edge of the cliff, we can strongly feel as Believers that ALLAH as the Creator will guide us to contact one of our many networks that we have contacted and will pour water or provisions through such respective network by giving business deal in our respective professional skills to cope with our cash flows; 

The above are my writing for this night in the beginning of the Holy Month Of Ramadhan

Jakarta, 7 July 2013 

Agung Supomo Suleiman                         

                

Is Indonesia Ready To Face AFTA ( Asean Free Trade Area) 2015

As we are aware Indonesia is facing a new Era where its Economic Growth for this Year is targeted to be around 6,3 %; The population of Indonesia is around 250 million, which means that it is a significant  place to target Indonesia as the market place for products such as Ipad, Handpohone, Computers and other consumer products, electronics, Auto Cars, Motor Bicycles, Washing Machine, TV, Refrigerators and other consumer Goods; We can see that there are so many Malls selling such consumer products including in Jakarta and other growing cites in Indonesia; 

However, we have to be fully aware that  Indonesia is also currently facing the AFTA Year 1915, where  ASEAN Free Trade Area (AFTA) will be effective and takes place. As we are aware the AFTA Council has agreed that the target dates to achieve this free trade Area is 2015 for 6 original members and 2018 for newer members.This will create an intergrated market where there shall be free flow of goods and services within the Region; 

Thus, in the Year 2015,  Indonesia will face the Asean Free Trade Area where all the South East Asian Countries will eliminate intraregional tariffs and non tariff barriers among the members of this Southeast Asian Countries; It means that they plan to intergrate the ecomomies in this region into a single production base and regional market; AFTA goal is to increase Asean competitiveness  with the other Global Regional Integrated Area, to attract investments and jack-up the trade between members of this AFTA;         

The Real Big Question :  is Indonesia ready for these AFTA Era ? Compared to the  Asean members itself,  the business environment climate in Indonesia which includes the lack of  infrastructure, the long period to start up a business, the bureaucratic process, the inconsistency in the regulatory framework, the non-integrated communications between the inter department sectors, the mental attitude of the local as well as central government officers which needs more transparency, as well as switching their mentality from seeking power and respects as Government Officers  which  had caused non efficiency and high costs economy, and  results non competitiveness of Indonesia within the Asean region, to become into focusing to provide good quality public services to the business investors, stakeholders and players in speeding the processing permits, registrations process, approving Plan for Development (POD) in the Energy Sectors, Oil and gas and Mining sectors to enable to Indonesia to be more  competitive with the other Asean Member countries,

• As a Professional Business Lawyer practicing as Legal Consultant to Clients for more than 15 Years through his Law Firm, and 15 Years as In House Legal Counsel in Private Companies, and Law Firms,  the Writer of this Blog feels that Indonesia needs much more dedicated public servants who are really serious and have the strong mental behavior, attitude which must be far from arrogance in serving the needs of  the investors to have a more welcoming, non-bureaucratic attitude to enable Indonesia to reach the same level of professionalism  as we may found in other members of the Asean Countries in facing the coming AFTA 2015 Era.

These switching mentalities must also be applied by the Indonesian Professionals, as well as the Indonesian Private Companies who are engaged in selling goods, services as well as Investors and business players including its employees to be able to compete with other Asean Players in the   AFTA 2015 Era.  
Jakarta,  10 June 2013
Agung S.Suleiman


              

Glimse of New Hopes Emerging Nation of Indonesia

We are proud of being a Business Lawyer and founder of AgsS 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  AgsS 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; 

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