Saturday, March 05, 2016

WORK PROFESSIONALY SMART

The "Real Exiting Challenging Experience"  of the Writer of this Blog  practicing as an Independent Business Lawyer Self-Employed for more than 17 Years  and nearly reaching 18 Years since 1 June 1998,  is that  you are really freedom to choose the place to perform your work it could be in your home or in the cafe or any other places and free to elect  the time  to perform your Legal Service for your Client.
  • Please don't get me wrong the freedom of being an Independent Business Lawyer or Freelance Lawyer is not that you are lazy to work hard, but it is more of a matter of  how to "Work Professionaly Smart" as an Independent Business Lawyer who is responsible to render the most best effort high quality of services to your Client. 
There are many types of manner in seeking to be a smart worker, There are individuals who likes to be free and independent and choose not to be like a "Robot" being forced and programmed  to always be in the office from 8.00 until 17.00,  but without actually doing anything having value added to the Company that you work with nor increase  your professional talent and just pretending to appear as if you are busy to satisfy your so called " Boss"....and sometimes you feel  there are plenty of hours that are waisted and could  be more optimized to gain value added to the quality of life. Well frankly speaking the Writer's professional Journey had been  a combination of Experiencing as (i) Employed personal as Lawyer in a Law Firm and In House Legal Counsel in Companies for 15 Years and (ii) Self -Employed practicing and Venturing his own Experimental Life in pursing as Independent Business Lawyer for more than 17 Years since June 1st, 1998.    


He   started  his career as a Self-Employed Professional Independent Business Lawyer,  when  he   reached the age of 46 Years old  reaching 47  where  based on his past work experiences, he felt strongly that he has  to be Free and Independent and Self-Employed to enable challenging  his further career professional path in pursuing his obsession to be a  Professional Independent Business Lawyer. 

When he entered the Faculty of Law at the University of Indonesia he was actually planning  to be a Diplomat,   where he took the International Law as his speciallity thesis; However for one and other reason he was initially trapped becoming a Legal Consultant/ Lawyer, when he was preparing and finalizing his thesis. The lovely thing being in this profession is that back in his  mind  he had this "wild idea"  that at one day he  can be freedom in practicing his  Law Profession by daring to "jump out of the Box" or "Comfort Zone" in order to follow his  real passion which is to become a real Professional Independent Business Lawyer.        
So the "real object issue"  which the Writer wanted to Focus and highlight in this article  is not the type of Professional that he chooses, but more to the "Freedom Chances" being  Independent Accountibility Professional Independent Business Lawyer, where you must be really Independent and not trapped with the Characteristic of  the Corporation that you are dealing with. 
  • In principal  the Writer of this Blog feels and is very much inspired and influenced by the teaching and reminder under the Holy Book of Al Quran, which was actually confirming (the relevations) which came before it (Taurat which was send down by ALLAH to the previous Prophet Moses and Injil which was send down by ALLAH to Prophet Isa (the son of Maryam) and corrections to the wrong interpretation made by the followers of the said above  previous Prophets upon the Holy Books to emphasize that Monotheisme Concept of Worshiping the One and Only Creator of this Whole Universe - including who creates  the Sun, the Moon, the Stars, and the World we live in,  and  making the rain falling from the Clouds which showered the Dry Land so that all the Plants, animals, which are created and dedicated for  human being,  can live,  which are the real signs of the Greatness and Mercifulness of ALLAH the Creator of this World as referred under the Holy Books including the Holy Al Quran.   
The sharing of the contents of this Holy Book  must be conducted through wise Enlightment to all the believers of ALLAH, the Holy Books, The Hereafter,  so that our Life Journey at the end of the day could be Blessed and Guided by ALLAH the Most Merciful, so that we can make this World a better Place to live in under the Blessing of ALLAH as taught by all  Prophets which were sent by ALLAH to this World; 

  • In light with such set of mind and believes in our Heart without any Doubt,  we have to  build and continously maintain and guard  this "Faith" firmly, to enable us with the Permit and Help of ALLAH,  to get, reach  and gain the "Light"   which are needed  by whatever our profession  are,  to unable to see and reach the End of the Tunnel of our Life Journey, whereby each of us  will be really  taking our own Responsibility  to the Creator  in the Day of the Hereafter, in the Day Of Judgemnent,   for which each of us  consequently must be able  to  obtain  and get  the "Right and Proper" answer upon the Hard Questions which will be raised by ALLAH as the Creator in the Hereafter, as shown in the Wordings of ALLAH in the Holy Books,  among others :
  • How was our Asset being accumulated ? Were or was it gathered in the Rightious Manner in accordance with the Honesty and fairness and fairplay principle and spirits as guided under the Holy Books ?   Did we obtained it by stealing from other Individual or party's  right ? or by Falsifying the data unfairly ? 
    Are we  making Good Deeds in this World  or are we only following bluntly and blindly to our Client's request,  in running their Business Operations for pursuing profits to capitilize their  Wealth -  without taking any consideration upon the Moral,  Ethics, reminder, fairness, and teachings  to  not becoming "Too Much Greedy"  by taking in force of other  people's Natural Resources which was created and granted by ALLAH the Creator in their Mining and Mineral Resources Location,    like Faraoh during the Egyptian Empire which was reminded by Moses over and over again not to be cruel, unjustice and unfair to the Bani Israil Tribes? Thus in this real life there must be a real and solid implemention in bringing  Down to Earth upon the teachings and the moral, ethics  under the Holy Books in the real work in our temporary life in the Earth;
    For instance in the real world  you may frequently find  Signifcant Gaps between the Real Cash -In  in terms of Company's fasilities for the the Management Level and the Employees Level, which therefore Labour Union is needed to narrow such Gaps; We can also frequently  observe  strikes made  by the Labour Union against the Company, in the mass media, if the Employees feels that they are  being treated unfairly  in terms of their salaries and benefits;

    In the Management level there are also  struggle to be choosen as member of the Management team where Corporation Politics frequently are also  being felt when you worked as an employee in a Corporation; There may also be differences of expectation between the shareholders of the Corporation; These all arises due to the real facts that in every human being there are "animals instincts animals spirits" which has to be tammed not to be too greedy in achieving their needs and goals. As an In House Legal Counsel  you have to manage yourself not to be too one sided bluntly to the Management as well as to the employees which are being presented by the Labour Union. For sure the  Directors are being hired and fired by the Shareholders General Meeting.  Below the Directors are the CEOs From President of the Corporation the Senior VPs, VPs to Managers.        
    If  the Corporation is a Mining Company for instance than based  on the Contract Of Work -  or  IUP licences issued by the Government who are representing the People of Indonesia as the owner of the Minerals  based on Article 33 (3) of the Indonesian Constitutional Law,  you have to viewed it from several angles.  
    From the Mining Corporation prespective they of course wants to achieve Return of their Investments and for sure gain Profits immediately from such Mining Operations. But on the other hand from the Government's side, their goal is to Optimize the Government-take  from the Cash - in Flow  from such Mining Operations to increase the  Social Welfare  of the 250 million people of Indonesia, where the State Budget in a running  year depends on the Cash - in flow from the Mining Operations, if Commerciality occurs and Explotation and Production commences; But we have to remember that the Economic Value of the Minerals if it is not explored and exploited by the Mining Investors,and left below the Ground the Value   remains " Zero". Thus we as Independent Business Lawyer have to face the fact and reality  in balancing these perspectives. 

    • The Government and the House of Representantive in establishing the rules has also  to view the prespective that all the Minerals are actually formed and exist based on a Universal system and mechanism under the process of creation which was designed and created by ALLAH as the Only Creator of this Universe including the World we live which is one of the several  Planets which is rotating and circulating the Sun in its orbit where there is also (1) one Moon that rotates around Our 1(one) World  which is referred under Surat Yasin Verses 37 - 38 -39 - 40 of the Holy Quran.  
    Accordingly, based on the Writer's real experiences for 30 Years,  there must be a "certain distance" that you have to maintain in order to  enable you to be "Freedom Independent Professional Business Lawyer"  for making this Temporary World to be a Better World as being Wished by ALLAH the Creator when ALLAH sent Down Adam and Eve from Heaven; Thus The Real Boss that we have to really "worship" is ALLAH the Creator of this Temporary World, because we have to be Fully Aware that life in this World is "Just a Test" - for us - to be challenged which of us are really in Faith :

  • (i) Following the Wishes of the Creator by Firstly - Worshipping the Real and Only One Mighty ALLAH as the Creator of this Universe, and  than must be intergratedly  
    (ii) followed by the reflection and implementation in doing the real Good Deeds - Down To Earth - as shown in the Teachings and Reminders under the Holy Book  during the periode of life-time of each of us Who are being trusted and choosen by ALLAH to make this Temporary World a Better Place to leave in by fencing ourselves with the Teachings of "What Must be Done" and "What Must Not be Done" by us as being taughted by us in the  Holy Books which was sent down to us through the Messengers  of ALLAH. 
             
    Jakarta, 5 March 2016 revised 26 March 2016
             Agung Supomo Suleiman
      .              


Friday, March 04, 2016

FOREIGNERS CAN OWN LANDED HOUSES IN INDONESIA

Based on the Government Regulation No.103/Year 2015, the Government of Indonesia had signed and issued this Government Regulation on 22 Desember 2015 concerning House Ownership of Foreigners Residing in Indonesia which allows foreigners to own landed houses in Indonesial; The right to own this Landed House by Foreigners are so called "Right of Use" ("Hak Pakai") for an initial period of 30 Years,  which can be extended for an addional of 20 Years and further renewal for 30 Years; Thus  the ownership can reach a total of 80 Years; Please be noted that there are certain requirements and conditions which are important to be taken into considerations.


Significant Points : 
  • Foreigners who hold a legal stay permit ( diplomatic stay permit, official stay permit, residence stay permit, limited stay permit or permanent stay permit) who gives benefit, conduct business, work or invest in Indonesia may own the landed house/apartment unit in Indonesia.
  • Houses /Apartement owned by a foreigner in Indonesia may be passed / inherited by the foreigners offspring; Hwoever such hear must also have a legal stay in Indonesia
  • If the foreigner leaves Indonesia to reside in another country, then the foreigner must sell their house/appartement  to a qualifying person within a year after departing from Indonesia;
  • Indonesian Citizens marrying foreigners can own title over a land as long as the title to the land is not part of the Joint Martial Property; This must be eveidenced by a prenuptial agreement in a Notarial Deed. 
  • The Land National Authority will issue regulations concerning the procedures for granting, releasoing or transfering the ownership of a house by a foreigner;
This Government Regulation is designed by the Indonesian Government to provide more legal certainty for Foreigners regarding property owenership in Indonesia;
This Government Regulation takes into effect on 28 Desember 2015 according to the statement on the website of the Indonesia's Cabinet Secretary   

FREELANCE INDEPENDENT BUSINESS LAWYER

After having been permited by ALLAH to survive exploring my profession as an Independent Business Lawyer  for more than 17 Years since 1 June 1998, nearly reaching 18 Years,  if ALLAH permits me to be still alive in venturing my life journey in this Beautiful and Challenging World that ALLAH has created for us to leave, I did not realize that such  experimental venture  which I experienced was actually  "similar and has the same character as Freelance Independent Business Lawyer"  where I can apply Flexi Hours and Flexi Time in performing my enjoyable Profession as an Independent Business Lawyer;  
  • This started when I quit as an an In-House Legal  Counsel from PT Freeport Indonesia Company, a Copper and Gold Mining Company operating its Mining Operation in Indonesia,  after working as In-House Legal Counsel  in PT Freeport Indonesia for 5 Years (from 1993 until 1998). Of course there was a reason which triggered me to quit from this Mining Company, when my Former Boss who left Indonesia, went back to the United States,  but still held a weekly meeting with the Legal Department and Tax Department of PT Freeport Indonesia, whereby such teleconference was ceased and stopped  by another guy who was assigned in Jakarta to replace my Former Boss. 
This New Guy from the field  replaced my Former Boss and had instantly changed the program which was already made by my former Boss, where no more weekly Meeting will be held through teleconference between my Former Boss and the Legal Department and Tax Department, and will be replaced by this New Boss.
  • Apart from that, my Carrier path program which was established and agreed by my Former Boss and myself was also being changed for which really upset me and  I directly told this New Boss that I am really  wasting my time and requested  to be compensated by owning a certain House which was under a House Loan Program plus a certain amount of money compensation; This House was actually rented by me to a certain Filipino Expatriate when this matter emerge, since thanks to ALLAH, I had already another house in Cipete which is the Southern Part of Jakarta, which me and my family already owned and  stayed; 
Luckily, thanks to ALLAH that  a portion of my claim was agreed including getting this House to be legally owned by me (which for 5 Years the Principal payment was paid by the house lease  amount and the interest was paid by a Certain Bank who has a Cooperation Agreement with PT Freeport Indonesia relating to this House Loan Program for the employees of PT Freeport Indonesia). There were no any outstanding payment of the House Loan that I had  to repay to PT FI, which for me this was  really a "Blessing in Disguise", since there is always 2 (two) sides out of a "Coin".  
Thanks to ALLAH that this House was  used by me as the Safety Net and starting Working capital for me in practicing my new Exiting Venture as an Independent Business Lawyer. Lessons which I captured from my respective case appears to be that if you try to be honest there will be sort of a Blessing in Disguise which I felt  was really a great help from ALLAH to  me,  who loves to be "More Independent" in pursuing my further Experimental Venture in practicing my Law Profession as an Independent Business Lawyer. Of course there are the ups and downs in terms of Cash - In since you no longer have a guaranteed monthly payment for continuing your life. 
  • But on the other hand  we do not have a Boss who frequently possessed the control of our live and can easily changed the carrier path program that had been established and planned,  which really can disturb your life expectation in a certain fragmentation of your life journey.
  • If you are Self - Employed, your only Boss will be ALLAH who created  you in the first place, and of course our-self  who must manage our own cash-flow,  which is for sure uncertain from month to month in the running years, for which there is always the Advantage and Disadvantage of every life choices that you have pick,  among the many alternatives and option available in this life. 
But thanks to ALLAH the Merciful that, I have survived practicing my venture in the Law Profession as an Independence Business Lawyer for more than 17 Years coming to 18 Years since 1 June 1998;  Back again to the Freelance Lawyer - we may observe from the Website that there are several stories of experiencing as Freelance Lawyer  among others : Global Freelance Lawyer , 
This really comforts me  since as an Independent Business Lawyer, we no longer feel lonely in pursuing this profession which is more closer to the understanding of practicing as a Freelance - Independent Business Lawyer - which has the similar characteristic - in principal - More Flexible in terms of time and Place where you want to optimize your Professional Services for the best interest of your Client since you are Independent and have the freedom to perform the Professional Services that you are required to render to protect your Business Client Interest from the Legal Business  Aspects of  your Clients Business Venture and Operation.  
The Disadvantage being Freelancer : 
  • There is no Guaranteed Fixed Monthly Income like if you are working in a Corporation
  • There is no Insurance for which you have to cover and seek for your own Health Insurance
  • There is no Pension for which your Pension is your accumulated Tangible Asset and Intangible Asset 
The Advantage being Freelancer : 
  • We are our Own Boss - Self Employed- thus you have to control and master your Freelance Career- Your Real Boss is ALLAH - for believers and has faith in ALLAH and the Hereafter.
  • Flexible Time and Flexible Place to perform your Professional Services
  • You are not Stuck in a Cubical Wall 
Well, folks I thinks I have jot down the Theme of today's Article which is Freelancing  
 Jakarta, 4 March 2014
Agung Supomo Suleiman
Cheers.....

Saturday, November 14, 2015

EXCITING ENJOYABLE BEING AN INDEPENDENT BUSINESS LAWYER

It is really interesting and exciting  to be self - employed as an Independent Business Lawyer  for more than 17 Years since 1 June 1998, whereby with the help and permit of ALLAH, Agung  has managed to survive practicing as an Independent Business Lawyer in Indonesia. Most of  his work experiencing during this period includes assisting Business Clients in Indonesia, from the Legal Aspects,   who  are striving to survive as business corporation in      Indonesia, which consists among others Oil and Gas, General Mining Companies and Hotels,  as well as having a cooperation relation  with Management Consultant, whose Clients /Customers  needs Management and Services  Consultant Provider to help manage in running their business operations in Indonesia.
  • From his experience assisting Business Clients, we understand that the Management Consultant Services Provider,  are really trying hard with their best efforts  to assist Investors who needs back up funds as well as management and consultant services to start and operates their business ventures in Indonesia.  Since Agung is self-employed in the sense he is not employed by a Corporation but rather  striving to survive by providing business legal services to his  Clients, who agrees to enter into a certain Legal Services Agreement arrangements, with a reasonable fair legal fee within their budget, there will be an advantage and benefit  to the Clients who requires professional business legal support to protect and secure their business operations and interests;   
     The most exciting and enjoyble part of being an Independent Business Lawyer, is that, Agung can posses and maintain his freedomness  to elect his way of life in  performing professional legal services with more flexy time and flexy place, since  he is well equiped and supported by Lap Top and Computer with USB and Wifi in this digital Era; 
  • By being Independent self employed as an Independent Business Lawyer, Agung can really focus in conducting his professional legal services  which  includes among others  drafting Legal
Opinion, Legal Advices and Reviewing and Drafting Business Legal Agreements and business transactions from Letter of Intent (LOI), Memorandum of Understanding (MOU), making Action Plan, Drafting Business Contracts to support  his Clients in documenting their business transactions to support and smoothen their business needs, ventures and operations in Indonesia from the Legal Aspects; 
  • Sometimes smoothness of cash flows will be a real concern, for those who elects to be self-employed professional, as a way of developing your carrier; However, from his 17 Years of Self - Employed Experience  since 1 June 1998, he experienced that  if you really  focus on your goals  to be dedicated with your professional carrier, with the permit and help of ALLAH the All Mighty, and by constinuously, forcing yourself to listen and read the words of ALLAH in ALLAH's Book, where for us moslems, will be  the Holy Book of Al Quran -(you can listen to your Digital Al Quran),  there will  always be a way, from a  misterious direction,  which we did not formerly expect to be the source of cash in, which will solve  and fill in your cash flows,  from your day-to day, week to week, month to month, including year to year, life experience  journey, which actually and in fact can be felt by us that, the ultimate Source of Cash-in is from ALLAH the Merciful Graceful Creator of this Whole Entire Universe, who through ALLAH's  system had contacted  our Client's mind and heart to remember contacting the Writer of this Blog, as one of our Client's option to explore building relation particularly from the Legal Aspects involved  in our Clients business venture.
  • Jakarta, 14 th October 2015
  • Agung S.Suleiman        

Thursday, October 29, 2015

SELF - EMPLOYED - NON CONVENTIONAL FLEXY TIME FLEXY PLACE

As a self-employed Independent Business Lawyer, the Writer of this Blog  have experienced  more than 17 Years since 1 of June 1998  by choosing  his professional carrier  practicing as an  Independent Business Lawyer with Non Conventional Flexy Time and Flexy Place  by  providing  Professional  Legal Services to Business CLIENTS who are operating in  Indonesia.
  • After experiencing working as Legal Consultant for 5 Years in a reputable Law Firm in Indonesia during  his  early legal practices  including 5 Years as In House Legal Counsel in several Foreign Companies operation in Indonesia i.e. Vico Indonesia (Huffco Indonesia) - producing Oil and Gas ( LNG),  2 Years as Partner in a Law Office and  5 Years  as In House Legal Counsel in PT Freeport Indonesia - Cooper and Gold Mining, the Writer of this Blog ends up  choosing a more Chalengging and Exciting Venture to become a Self Employed Non Conventional Independent Business Lawyer with Flexy Time and Flexy Place due to  his  obsession to become  an Independent Business Professional Lawyer, starting from 1st of June 1998; By electing this type of venturing he can fully focus  providing  Legal Services to Clients who requires Business Legal Services to cope with their Legal Aspects in running and operating their Business in Indonesia.
As a person who tends and prefer to choose to develop a more Quality  in Life, rather than just working like a machine  or robot from 9 Morning to 5 Afternoon, in a cubical Room, the Writer of this Blog has performed  his life experience to be more meaningful and Independent when he reached the age of 46 becoming 47 Years old which was back in 1 June 1998, when Indonesia was hit by the First Financial Economic Crisis. This  manner in  running his carrier as professional, was emerged  by just "following his heart" to be more Independent and professional  to enable  maximising his professional Independent Business Lawyer. 
  • For sure it is not easy,  for which  the Writer of this Blog experienced the ups and downs in terms of Cash Flow, as well as exploring the  excitement of  a  life journey by learning from  the hard way to be self-employed  and quit from the Conventional Organization to enable exploring his inner wants and needs as a human being who chooses to have a more meaningful quality of life as a professional Independent  Business Lawyer. As you may notice Independent Business Lawyer are also being practiced by Independent Business Lawyer outside of Indonesia as you can see in this Website: Association of Independent Business Lawyer.
The benefit and advantage for Clients are that they will receive Professional Legal Servives from a  Qualified Experienced Independent Business Lawyer who had extensive experienced assisting Clients for their Legal Aspects in running their Business in Indonesia, in a proper and efficient manner,  with a more fair Legal Fee within their Budget.
  • Well,  having said the above,  at the present moment it is already the month of October 2015, where  the Writer of  this Blog, with the permit and help of ALLAH has managed to survive for more than  17 Years since 1 June 1998,  being an Independent Business Lawyer and is really enjoying his life particularly  upon  his elected  choosen venture to gain a more better Quality of Life. Nobody is perfect in this life, but daring to choose  a more independent  manner in running our life journey to gain  more  "meaningful Quality of Life  is quite an exciting life experience which was ventured by the Writer of this Blog.
Cheers,
Jakarta, 29th - 30th October 2015
Agung S.Suleiman
Independent Business Lawyer                        


Monday, July 07, 2014

HOT GENERAL MINING ISSUES RE- DIVESTMENT 51% of PT FREEPORT INDONESIA COMPANY DURING 2014 INDONESIAN PRESIDENTIAL /VICE PRESIDENTIAL CANDIDATE DEBATE

During the recent 2014 Indonesian President/Vice President Debate, several hot General Mining Issues concerning Divestment and Renegotiation of Contract Of Works of General Mining emerged  including the Divestment of 51% of PT Freeport Indonesia Company emerged, where it strongly indicates that the Candidates was questioning whether the President / Vice President Candidates are really going to investigate the issues as to why was the Divestment Clause under the Contract of Work of PT Freeport Indonesia which obligates Divestment of the  51% of the total shares issued by PT Freeport Indonesia Company had not been implemented and executed. 
  • As we all know the Contract of Work of PT Freeport Indonesia which was signed by   the Government of Indonesia and PT Freeport Indonesia Company on 30 Desember 1991 (Fifth Generation of COW) which was the renewal of the Contract of Work between Freeport Indonesia Incorporated    and the Government of Indonesia Based on the Decision of the Cabinet Presidium No.82/EK/KEP/4/1967 of 7 April 1967 (First Generation COW).       Based on Article 26 of the Viena Convention - Pacta sunt Servanta it is stipulated that Every Treaty in force is binding upon the parties to it and must be performed by them in good faith. Based on this Article 26 of the Viena Convention of 1969 and pursuant to Article 24 paragraph 2 b Concerning Promotion of National Interest of the Contract of Work of PT Freeport Indonesia dated 30 Desember 1991 it is stipulated that : .
  • ......the Company is required to sell or caused to be sold in public offerings on the Jakarta Stock Exchange, or otherwise to Indonesian Nationals, sufficient shares to equal a total of 51% of the issued shares capital of the Company not later than the twentieth anniversary of the date of the signing of this Agreement (the Contract of Work) to the extent requested by the Government of Indonesia to meet the requirements of then existing laws and regulations and to the extent the financial market conditions in Indonesia at the time permit the shares to be sold in an orederly market at a fair price. 
( Note in the Definition under the COW Article 1 item 4  :Company means PT Freeport Indonesia Company, the corporate successor to FII, any approved Corporate successor:and when used in reference to expenditure nade or other action taken under the Prior Contract or the SIPP also means FII ) 


Based on the above International and Indonesian Legal Grounds, the Indonesia President/Vice President Candidate was raising  the issues that investigation must be conducted why was the 51%  Divestment Obligation which must actually takes place one the 20th Anniversary of the Signing of PT Freeport COW dated 30 December 1991 which means on 30 December 2011 ( which is 20 Years after 30 December 1991)  does not occur. Pursuant to Paragraph 2 of Article 24 of the PT Freeport COW  Indonesian Nationals means an Indonesian Citizen, an Indonesian legal entity controlled by Indonesian Citizens, or the Government of the Republic of Indonesia.
  • During such 2014 Indonesian President/Vice President Candidate Debate, besides The Contract Of Work of PT Freeport, it was also  questioned about Newmont ' s COW.  We understand that  based on Presidential Regulation No.20 Year 1994, the Divestment  of Foreign Investments  in a general business  was  merely 5% for the Local Indonesian  National Investors and Foreign Investars can remain 95%; However this Presidential Regulation  No.20/1994 was more lower level  than  PT Freeport's COW which ranked higher since such COW signed by the Government of the Republic of Indonesia was also been consulted with the DPR (People's House Representative). Thus, the Legal Binding of  the 51% Divestment obligation under Article 24 of  PT Freeport's COW must be binding and must be performed  by the Parties of the PT Freeport COW  pursuant to Article 26 of the Viena Convention.
The above issues were really  hot issues raised  in the 2014 Indonesian President/Vice President Candidate Debate including also the Renegotiating of PT Freeport COW and others COW which was challenged by such 2014 Indonesia President/Vice President  Candidates Debate shown in the Broadcaeted Indonesian Private Television TV One/ Metro TV as well as Berita Satu TV, where pursuant to Article 62 Viena Convention concerning Fundamental change of Circumstances, a Party may request for Renegotiation Long term Contracts Mining if such Fundamental change of circumstances occurs.  In a Desertation  - Renegotiation of Mining Contract in Congo  made by Lukanda Kapwadi  it  shows  that such Article 26 of Viena Conventions as well as the practice of US Law recognizes the regoniatibility of long term contracts for which there exist Yurisprudence of Renegotiation of Long term Mining Contracts in Congo, where Indonesia for sure can learned from such Yurisprudence Renegotiation of Mining Long Term Contracts.
  • Whereas concerning 51% Divestment Obligation under Article 24 paragrap 2 b of the PT Freeport COW is more of binding to the  Parties and  must be performed by PT Freeport Indonesia as well as Freeport McMoran Cooper & Gold and by the Government of Indonesia to be implemented 20 Years after the signing Date of PT Freeport COW dated 30 December 1991 which shall be on the 30 December 2011 pursuant to Article 26 Pacta Sun Servanta of the Viena Convention Year 1969. . 
Jakarta, 6 July 2014
Agung Supomo Suleiman

Friday, April 04, 2014

ARE YOU SEEKING INDONESIAN OIL GAS MINING LAWYER ?

If you are seeking Indonesian Oil Gas and General Mining Lawyers you can contact AgsS Law who is an Independent Business Lawyer experiencing as Business Lawyer  practioner in the Oil Gas and  General Mining Business in Indonesia for more than 30 Years. 

We are eager to assist you  in taping the legal aspects of the oil and gas and general mining business  operations in Indonesia.  If you happen to be venturing business in Indonesia you can easily contact him through his email agungsuleiman@gmail.com or his Hand Phone : 081683067. If you are a Law Firm or Lawyer outside of Indonesia and  are eager to search for a Business Lawyer Correspondence in Indonesia, you may just contact Agung where he will be very happy to assist and develop a mutual  beneficial relationship with you.  
  • Indonesia is an open country for foreign Investors who are interested to seek business ventures and opportunities in Indonesia. The Indonesians are eager to enter into a mutual beneficial business cooperation with Foreign Investors who are interested to develop its business in Indonesia on a mutual understanding of cross culture between different backgrounds. We still need to learn more from the more advance countries how they can develop and grow to become more aware of the business skills and opportunities in several different area of expertise.                 
  In the Oil and Gas Industries as well as the General Mining Ventures in Indonesia, you may need to understand the back ground philosophy of how the most common Indonesian People are expecting to increase their life quality and standards from the revenue originating from the Natural Resources of Oil and Gas as well  the Hard Minerals founded and located in Indonesia. Beside Oil and Gas Exporters, Indonesia is now a Net Importer of Oil for its domestic use and consumption. Thus, the Government purchase the Product of  Oil  from Sellers outside  of Indonesia based on the market price and sell it to Pertamina as the State Owned Company to be sold to the people in Indonesia on a lower price by subsidizing the difference.

  • Relating to the Downstream business prospects,   we understand there are still  significant opportunities for establishing Refinery in Indonesia, however, before funding or putting their monies, Investors wants to firstly have assurances on the feed stock to be proccessed in such Refinery Plant as well as who will purchase the end product of the Crude Oil which are being processed to become  a product.

The Location of the Refinery Plant is also an  important element which had to be considered, which has to be near the Jetty for the Off-Taker to  off-take the Product. Tax Intensive shall  also be a significant element which needs to be  requested by the Investors and granted by the Government of Indonesia to the Refinery Investors.

  • A solid prospective business  plan must be made which  can demonstrates why this investment in the Refinery will work. Licenses for running and operating said Refinery Plant must also be explored to make sure that the legality documents and requirement are full filled and completed. Well, those are some few elements that I as a Business Lawyer wanted to high light to the viewers of this Blog.  
Cheers
Agung S.Suleiman 
Jakarta, 4 April 2014 

Tsunami DeDolarization - Bricks - Asean Plus 3 Countries

We noticed from the Media Platform on the Internet that :  1. FAILURE OF SVB - SCHOCKED GLOBAL FINANCIAL MARKET  In March 2023, the failure ...