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; 

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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

                     

SIGNIFICANT PRINCIPALS TO BE NOTED BY MINING INVESTORS IN INDONESIA

Relating to the development of the Mineral and Coal Regulations in Indonesia, there appears to be different  of perceptions, expectations between the Indonesian Investors, Foreign Investors, the Government of Indonesia, the People's House of Representative and  the People of Indonesia as a whole who are the real significant stakeholder  of the Natural Resources extracted  through the General Mining Activities within the General Mining Territory in Indonesia who wishes to increase their social welfare and quality of life;

• As we are all aware in every country in this World there are Visions, Wishes, Wants, Goals, Targets, Dreams and Plans made by the people, who had decided  in the first place  to establish a country where they could live together to increase their social life, quality of life as an independent nation. 

 For Indonesia  the Basic Principal Concept relating to  Natural Resources is  that the Natural Resources found within the Indonesian Mining Territory in the Republic of Indonesia  has to be developed for the Utmost Welfare of  all the People of the Republic of Indonesia  as embodied in Article 33 paragraph 3 of the Indonesian Constitution  so called Undang-undang Dasar 1945 or the Basic Constitution Law 1945, as the Highest Law that must  be used as the Basis in establishing  the other lower laws including the Oil  and Gas Laws as well as the Mineral Law  ; 

• When Indonesia declared its independent in the Year 17 Agustus 1945, the Basic Concept and the Visions of the Founders of this Young Developing Country Indonesia was to make sure that the Natural Resources founded and located in Indonesia based on the Indonesian Constitution Basic Constitution Law 1945 Article 33 paragraph 3 is to be "developed and managed"   for the utmost benefit and welfare of the Indonesian People within the Territory  of the Republic of Indonesia. Thus, this is the actual "National Interest" of Indonesia as a Nation.

We all are fully aware that in the progress and journey of  every Nation, the most significant element of every country  to increase the quality of life to achieve social welfare  is by "Making Priorities" on  the Primary Needs of its people which  in general are  :

• (i) Free Education until the University for each and every single people, 
• (ii) Free Health Care for each and every single People covering Hospitalization, Doctors, Medicare, 
• (iii) Housing afforded by the People
• (iii)  Easy, Smooth and Safe, Clean  and afforded Public Transportation,   

• The sources of  funds and monies to achieve such Goals and Targets of each and every  Nation and Country  has to be from the Nations Wealth and Assets which for Indonesia among others are from the Natural Resources that must be explored, exploited, extracted and produced from the Indonesian Mining Territory. 

It is the task of the the Government as the Executive Level together with the People House of Representatives  as the Legislative Institution to establish  Laws which must be in favor to the Social Welfare, benefit and interest of the  People of Indonesia. Thus they have to ensure and secure  that such primary needs  of the people are well protected under the established Mineral and Coal Mining Laws.  

• In light of the above "Basic Concept and Principal",  the Government of Indonesia in the Central and Local Level as well as the People House Of Representative  must ensure and secure to implement the above Primary Needs of  all (each and every People)  of Indonesia which amounts around 250 Million scattered within the Indonesian Archipelago Territory consisting of  Big  Islands and small Islands from Sabang to Merauke;      

 Indonesia had experienced  its journey as a free and new Independent Republic Country  from a Non-Democracy Country to become  a Democracy Nation, which in fact is really not easy to achieve such above Goals and Targets,  due to the reasons that  there are always "Many Vested Interest Parties and elements" either from within Indonesia itself  which consists of various ethnics, background cultures, belief system, traditions, religion background, different level of educations, military history views and interest, political parties,  as well as from outside of Indonesia, which may be Foreign Nation, Country as well as Multi National Companies, Foreign Financial Players such as IMF, World Bank, ADB, World Trade Organization  who had  their own Agenda,  National  Interests, which has affect and  influence the journey of this New Developing Nation.            

During the First Indonesian Financial Crisis in the end of Year 1997 {not long after the World Bank issued the annual report which praised the Indonesian Economic GDP growth  averaging 7,7 % (1991-1994), 8,2% (1995) and 7,8% (1996)}, which was resulted starting from the depreciation of Thailand Bath, which spread to Indonesia and hits Indonesia's fundamental national economy,  IMF had forwarded several Points  (around 51 points) to be followed by  Indonesian as a "Pre- Conditionilities"  for IMF to assist  granting Loan / Funds to Indonesia to cope with the Financial Crisis  suffered by Indonesia during the 1998 Financial Crisis; The Banking was nearly bancrupt and rupiah falls to become Rp.14.800 per USD Dollars.

• This Financial Economic Crisis had put Indonesia as a "patient" of the International Creditor Institutions such as International Monetary Funds (IMF), World Bank, and Asian Development Bank (ADB) which are participating in the Consultative Groups on Indonesia ( CGI).  

In the implementation of these Points  IMF and World Bank's, World Trade Organization (WTO) representatives were involved in drafting several Laws to ensure that Globalization, Liberalization, de-regulations in the financial sectors,  Free Open Trading,privatizing of State Assets  and non Discrimination rules are implemented in the Laws particularly involving Investments, Trading, as well as in the Oil and gas sectors including in the Mining Sectors including the establishment of the Bancruptcy Law to anticipate in the Loan Restructuring of the several Debtors which experienced troubles in repaying the Loan since the currency effects resulted from the Financial Crisis in the Year 1998;

For Indonesia itself in the General Mining laws, as of the Year 1965, during the President Soeharto Era, Foreign Investments are Invited to Indonesia where COW (Contract Of Work) was signed among others between Foreign Investors such as  PT Freeport Indonesia ( PT FI) and the Government of Indonesia; 

• Whereas  for smaller mining area where local Companies are given the right to Mine by the Bupati was  covered under the KP (Mining Right) License;

In the COW of PT FI, simillar to the other COWs, which were signed by Foreign Investors and the Government of Indonesia,  there  exist a "Divestment Clause",  which stipulates that after 10 or 15 years,  51% of the Equity or Shares of the PT signing the COW,  has to be divested to Indonesian Shareholder;

• Thus, these Divestment rulings are already agreed by Foreign Investors including PT FI Contract Of Work by the Parties, and therefore is actually not a "New Issue" and understandings between Foreign Investors and the Government of Indonesia in the General Mining Contracts; We can observe that this Divestment Clause which of course is the wants and desires of the Government of Indonesia as well as the People's House Representative as the Political Instruments in Indonesia to gain and increase its Local Business Players and contents; On the other hand Foreign Investors of course has their own Agenda to increase their share as Investors which they generally used the IMF, World Bank, World Trade Organization and other International Vehicle to assist their wants and business interests in securing their Business and National Interest.

• We now observed that there is a changing maps of Economics strenghts, where China, India, Russia and Brazil as well as South Africa are emerging; We also view that Financial Crisis also are being experienced  by USA in the Year 2008 and Japan and Europe where  Spain, Portugal  and Greece are bailed out by the Central Bank of Europe to safe its financial problems; In the United States of America  where non intervention from the Government was made, had been applied the other way around, where the American Government had bailled out the Big Companies that suffered financial problems and crisis. Even though China, India, Brasil and Russia are developing, these countries are also be affected by the European Crisis;

Well, as the world are always moving into a Democracy and Transparency and Open Society , there may also be different of expectations from every Nation, Country, People, Investors in every country, in order to survive and maintain their respective interests, targets, goals and their respective National Interest including in the oil and gas as well as the General Mining Sectors;

Jakarta, 12 September 2011

Agung S.Suleiman 

  

        

ENERGY POLICY DMO COAL IN INDONESIA

Yes, we have to be fully aware that a strong Country must be backed up by its Energy, where as an alternative besides Hydrycarbon Oil and Gas and Geothermal, we have to make sure that the Policy made by the Indonesian Government as well as the Rulings from the Legislator  have to support  increasing Coal Products to support the Energy in Indonesia;

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• As already practiced in the Oil and Gas Policy applied by the Government of Indonesia as reflected in the rulings,  DMO (or Domestic Market Obligation)  is obligated to Oil and Gas Companies operating in Indonesia to market and sell its 25% (twenty five percent)  of its Annual Oil Production in the Indonesian Territory to secure the Energy supply and need in Indonesia; 

This similar Policy shall and have to be ensured and secured by the Government of Indonesia as well as the Legislator in the People House Of Representative in the Coal Sector, where the Coal Producers are obligated by the DMO (Domestic Market Obligation) Policy to market portion of its Coal Production to be sold within the Indonesian Territory; This Policy is really significant for a Developing Country like Indonesia who has around 250 million of People who needs energy supply to support its standard of living; 

• As we are aware  implementation of this DMO is  applied in the Mineral and Mining Law No. 40 of 2009 and the Ministerial of Energy and Mineral Resources No. 34 of 2009 which applied the prioritizing of the the domestic mineral and coal supplies, and the Directive of the Directorate General Of Mineral, Coal and Geothermal on the technical supervision on supervision on providing the minimum precentage of sales for domestic purposes; 

This Policy is aimed to at least secure the domestic coal supply to back up the Energy in Indonesia especially which is needed for the Power Plant operated by PLN (The State Electricry Enteprise) to support the Electricity need for the Industry as well as the people of Indonesia;  Accordingly, we have to be sure and certain that this Policy must  improve the Indonesian Country's capability  to compete in the National and International level.  Thus the  national interest must be put up front.

• Since Indonesia is still considered a Developing Country, we have to manage our abundant natural resources to our Nations best interest,  especially to support the quality of life of the 250 million people living in Indonesia; We must prioritize our goal and target for the Indonesian Nation which is free education, and hospital for its people so that we can increase the educated and healthy person in Indonesia;

In order to achieve such target we have to think as Indonesian Inc. and must learn from other neighboring countries like India and China who has also huge numbers of population that have to be taken care by this Country, and have succeeded to seriously made a good Road Map Planning in their Energy Policy system which could back-up the needs of the Energy needed by their Power Plant to support the Industry and human household ;

• Based on the above, we have to make sure the Policy and the Rulings made by the Indonesian Government as well as the People House of Representative,  must be geared to develop the Policy and Rulings which must support such goals and target;       

Jakarta, 21 August 2012
Agung  S.Suleiman

   

New Government Regulation No. 24 Year 2012

Recently, the Government of the Republic of Indonesia had issued Government Regulation No.24 Year 2012, which regulates amendment to the Government Regulation No. 23 Year 2010. 

• In essence, this Government Regulation was issued to encourage and boost the Indonesian Participant to  participate in the Mining of Mineral and Coal within the Indonesian Territory;  The IUP or Mining Permit may not be transferred,  except if the Party receiving such IUP owns more than 51% shares of the PT holding such IUP; 
• Pak Sony as the Legal Officer from the Ditjen Mineral and Coal in a Seminar  explained that the intention by the Government is that The Government can monitor the Party who controls such IUP holder who is responsible upon the performances of the Mining Operations in the given Mining Area under such IUP;

Furthermore under Article 7A of the Government Regulation No. 24 Year 2012, it is stipulated that if the applicant of the IUP is foreign capital company or foreign capital Investor, the Minister of ESDM approval is required; Thus, since the IUP is granted by the Bupati, than an IUP cannot be granted by the Bupati to a foreign Capital Investor;

• We can see that in every country now a days, the Government in the Region of the Development Countries based on the development of China, India, Brazil, Russia,  South Africa are gaining confidence in encouraging the Local Participant or Local Investors including Indonesia to play a significant role to actively participate  in the business operations including in the Mineral and Coal business which could be shown by KPC in Kalimantan which is owned by Bumi Resources as the Indonesian Owned National Participant in the Coal Mining Project in Indonesia; 

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• This trend is also stimulated by the Growing Awareness of the Indonesian Democracy, which had encourage the Indonesian Investors to actively participate not only as broker, but as a real player in the Mining Minerals and Coal Industry in Indonesia; Time will demonstrate whether the Indonesian Player can really use this momentum in the Mining of Hard Mineral and Coal business operations, which is inspired by the Indonesian Investors in the Oil and Gas, such as Medco, who are  really growing and playing an important role in the development of the Indonesian Oil and Gas Sectors; 

Technology, Financial engineering and Knowledge is not only owned, controlled and managed by the Former players, but is beginning to be tapped by the Local Investors from the fast Growing Development Countries, which can be seen by the planning of establishment of  Alternate Banks by BRICSA (Brazil, Russia, India China and South Africa);

Jakarta, 2 April 2012

Agung S.Suleiman

                             
    

Enjoying Being Independent Business Lawyer

• I can set up my own definition as to becoming success which is really unconventional and non-traditional  by setting up my own definition of being success, among others by gaining more flexible time depending on my own set of rules as to where and at what time I wanted to do my work.This concept of paradigm is pursuant to the Book which I am now reading called Career Success without a Real Job written by Ernie J.Zelenski

I managed to be more independent by having my own Special Purpose Vehicle (SPV) which is an Independent Law Firm now called  Suleiman Agung & Co ( SACO LAW FIRM); 

• After having been for more than 13 & a half  Years experiencing running this Law Firm, I realize that it really depends on our-self willingness and choice as to what do you want and prefer to be concentrating and focusing on your Career Success, which definition  of Success is being freely  set- up and design by you your self and no other person. 
• 
  
• You are the only person who really knows what type of career path that you wanted to establish and venture in this life; Besides working you must also have "time" to  enjoy your life and being alive in this world; You have to venture and sometimes make certain experimental moves in your life;

• In order to optimize your professional ideas in your field of professional you must really enjoy what you are doing and not because of being forced by others  perception in electing the life style that you really like;

The important and significant element that you have to do is that You must establish your hours of experience and track records  in serving your Clients which will certain be the Valuable Assets that you like to focus and sell as your expertise to your Clients;

• You must seek the ways as how you can grab the  opportunities  to demonstrate your expertise which you master and are in  confidence with, which will  benefit and be an  advantage as an Added Value to your Client's business goals and objectives;

From my self experience in developing my so called Professional Career, I noticed that this can be achieved by each and everyone  of  us,  if you are having the freedom to set up your own established  flexible time and place which you allocate,  to learn  the merits and core of your Clients business transactions;

• You have to focus with your best effort for example to make certain Brief Executive summary through a Scheme and a systematic bullet points at the right time and moment  which could help Giving Snapshots and Quick Glance of the Important Issues that your Client has to be aware of, because time is of the essence to make the right and proper business decision;

Well the above are some of the tips that I would like to share with you in the beginning of this Year of 2012, and I wish you a very Happy New Year 2012, New Hope, New Venture, New Spirit, New Venture

Jakarta 2 January 2012
Agung S.Suleiman 

EXITING EXPERIENCED INDONESIAN OIL LAWYER

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Being experienced as Business Lawyer  in the Oil Ventures in Indonesia is really quite an exiting experience. The difference being experienced as lawyer for Indonesian Local Oil Companies who is surviving and struggling to survive and being  lawyer serving legal services for Big Oil Foreign Companies is relating to the funding capability  in their Oil Business Venture.

•   Even though we are in Indonesia, Indonesian Oil Companies who are operating in Indonesia starting from Exploration can be counted. Usually Indonesian Oil Companies who started venturing in the Oil Business in Indonesia started by acquiring ex-Oil Blogs, which had been sold by the Foreign Oil Companies which are already in the Exploitation and Producing stage.  By doing this the Indonesian Oil Companies can manage to show to the bankers that they have cash-in from the selling of the Crude oil for a certain period of time . 

There is also an Indonesian Oil Company who started in the Oil Ventures in Indonesia, after they had   experience running a Drilling Company, where they have already owned certain numbers of Rigs as well as cash in revenues which can be used as collateral for the repayment of their  loans to their Banks. This Oil Company was also formerly at the early stage Managed and Chaired by an Indonesian Expert Oil Top Leader namely John S Karamoy  who had experienced in running big Foreign Oil Company such as Stanvac  and Vico Indonesia,  who is now the founder of JME which my SACO Law Firm is presently in association with.

• I am lucky enough to be experienced as an Indonesian Oil Lawyer who had assisted and were also being involved in reviewing the Sales Purchase Contracts of this ex Foreign Oil Blog acquired by said Indonesia Oil Company, when I founded and set up my Suleiman Agung & CO ( SACO Law Firm).  

Several contracts and transaction were prepared, which includes reviewing the Sale Purchase Stocks, Farm in and Farm Out, Joint Operating Agreement ( JOA), Legal Due Diligence, providing Legal Opinion. There are also Indonesian Oil Companies who are selling out certain percentage part their of their Participant Interests to other Oil Investors in order to remedy and balance their cash flows.      

• In the oil business practices, if the Oil are still in below the ground however located already in the proven and exploitation stage, 1 (one) barrel  is usually valued to be USD1 dollar. If such oil is still located in the exploration stage however is located near by the structure of the exploitation stage shall be valued 30 cents United States Dollars. 

For the purpose of calculating the expected oil reserved,  a study is usually conducted by several expertise consultant to predict the volume of Crude Oil Reserves or Deposits  in a certain Oil Contract Area. This is usually detected by the Oil Reservoir Engineers and Geologist team. Accordingly, the Investors in the Oil Business have to be supported by these expertise engineers and chaired and Lead by the Expert Leader Management of such Oil Company. 

• Such team have to be solid and having real experience in their fields combined with the operation team members as well as the Finance and Legal Expertise to team up such Solid Working Team. One of the significant element is that somebody has to be recognized by the Bankers or Financial Institutions who financed such Oil Ventures which is usually performed through the Holding Companies, but the Oil Company has to be headed by a Certain Expert Management Leader who is already recognized by said Bankers through his track records of his capability and ability to manage and make the Oil Business Operations succeed  in generating Cash-In,  through sustainable production and selling such Crude Oil to the Buyers in a commercial and bankable cash in for a certain period of time. 

In practice, members of the Participant  Interest Holder,  is usually more than one Company, which one of the member of the Investors must also have some self funding sources to back up the financing of the Oil Ventures in addition to the Funding from the Bankers, because in the early stage of the exploitation and producing, several new exploration wells within the Oil Block under the Contract Area of such PSC Contracts with BPMIGAS,  must also still be  founded  and drilled to be further developed for producing to maintain the sustain producing,  lifting and selling of the Crude Oil for the cash in.....      

Jakarta 29 October 2011 - Agung S.Suleiman Partner of  SACO LAW FIRM  
                                                                          in association with   JME

   

Professional Business Lawyer

There are many challenges faced by a Professional Business Lawyers; Before you can advise your Clients you have to be sure that you know what you are talking; Your integrity and professional  reputation is on stack;  As an Indonesian Business Lawyer who had practiced more than 30 Years since 1979 - 1980, you realized that you firstly have to trust your self before you make any legal advise; It is not a matter of pride but more of a professional, where quality is more important than quantity;    

Having been in the real practice as Business Lawyer for more than 30 Years, you tend to love your professional work;   It is really exiting in handling legal aspects in a business community; The art of being independent in providing your legal advice needs some experience of real practice and down to earth matters;   

You have to master and increase your legal knowledge and broaden your mind; You have to research all the legal aspects from various angles of the matter surrounding the business matters of your Client; You must also be aware on the sensitivity of the business goals of your Client; At the same time Good Corporate Governance must be the basis of your target to achieve your integrity and professional character;

You have to be ready to be challenged by your Client, to the legal opinion that you provide and must really digest  the wishes and desires that your Client want to achieve;

You are the master of your mind in providing  your legal opinion;  You have to lead your Client  in your legal professional guide,  after you have really studied the rules,  policies, and master the nature of the contracts and  transactions to guard the business goals desired to be achieved by  your Client; 

Those are some of the tips to be considered and observed by a Business Professional Lawyer in dealing with matters face by your Clients;

Jakarta, August 27, 2011

Agung S.Suleiman 

Quite a While

Yes, it has been quite a while that I was not on the air in writing article in this Blog;  Apparently, I was really busy with the legal works in facing the implementation of the Commercial Production of an oil Area in Indonesia, where we have to strive hard in completing all the facilities production which includes the Gathering Storage Tank of the Crude oil from the Commercial Field  to be transported either by Pipeline, or trucks to the Gathering or Storage Tank at the Terminal Port  to be further shipped to the Tanker or Barge;  

    It is really interesting and quite challenging because under the Indonesian system, there are instances where the Idle Oil Production Facilities can be shared by other Oil Companies, where no profit basis is applied, and sharing costs of the Capital Expenses and Operation Expenses, shall be shared, through the oil throughput arrangements, relating to the sharing usage of such Production Facilities;

As a Business Lawyer you are involved in the legal aspects of this arrangements, where we have to be part of the team in drafting and finalizing this Oil Production Facilities Sharing Agreements.      

Well the operations and commercial professionals staffs must also be involved in completing these production sharing facilities arrangements;    

The target goal of the Oil Production Stream to enable in selling the Crude Oil is most challenging and the Financial aspects are really critical and plays an important role;   

Jakarta, 18 August 2011
Ags 

The History of Mining Act in Indonesia

From some sources of books  written  by  Indonesian writer concerning The History of Mining Act in Indonesia,  we understand that in  1899 : The (East) Indies Mining Act was passed which laid  down the ground rules under which mining operations, including those by private concerns might be conducted.

• One of the basic principle which was laid down in the Indische Minjwet of 1899  was that rights over land (Surface rights) is separated from the rights over the Mineral resources, these being vest to the the Governor

Prospecting for minerals was controlled by licenses issued by the Bureau of Mines or the Provincial administrations, and mining concessions were granted on application by the Governor General.

During these period, prospecting Licenses & Concessions could only be granted to  : Dutch Subjects, residents of the Netherlands Indies, and to Companies registered in the Netherlands or the Indies.

• In 1904 :   An Amendment was passed which froze the granting of concessions in an attempt to keep out new firms.

In 1918 : a New Amendment was passed under which the granting of new concession were resumed, which provides  more favorable terms to the Government.

Under the pre - 1904 concession contracts concessions were granted for a term of 75 years with the Government receiving a percentage of any oil produced plus a fixed price per acre of the concession area. 

We observed that under the concession contracts made after the 1918 amendment the concessionaire was required to pay the Netherland East Indies :

• 4% excise on the value of crude shipped,
• a 20% tax on oil profits, and
• a general tax on corporate profits of 20%.

According to the writer, these provisions was similar to the provisions in Middle East concession contracts on the same period.

by 1940 : 5 International companies was active in Indonesia. :

1912 : the Standard Oil Company of New Jersey began operations in Indonesia, latter merging operations with Mobil to form Stanvac.

In the 1930’s Standard Oil of California entered the scene, latter merging with Texaco to form Caltex.

In this book it is said that together with the Royal Dutch/Shell Company which at that time was the largest producers in Indonesia, these major companies was known as the Big Three..

In 1942, when the Japanese occupied Indonesia, the Indische Minwet of 1899 was rendered in operative, and in anticipation,  it appears that  the Dutch destroyed many of their oil facilities.

•  When the Japanese entered Indonesia, they put the oil operations under the regional military command and tried to rehabilitate the fields and oil facilities. With the Dutch gone, the Japanese forced to rely on experience Indonesian for help - a fact which strengthened Indonesian’ s confidence in their own ability to run the oil industry.

After the Japanese surrendered and the Indonesian declared its  independence in 1945 , and after taking  4(four) years  of war, a final agreement  was reached at the Round Table Conference in the Hague, which transfered the Netherlands East Indies(with exception of West Irian) to the Federal Republic of Indonesia.

In 1951 : The Indonesian Parlement passed a motion to create a commission to inquire in the problems of Oil & Mining Law, which urged the Government to form within 1 month a State Commission of Mining Affairs.

a) investigating asap problems of oil extraction, & of tin, coal, gold, silver & other mining In Indonesia.

b) Drafting an Indonesian Mining Law in harmony with present conditions.

c) Urges the Government to postpone all granting of concession & exploitation permits, pending the results of the work of the State Commission on Mining Affairs.

The Commission took 5 years to submit its Draft to the parliament.

• Not until 1960 did the Parliament adopt a New Mining Law (Law no 37/Prp 1960) and Oil and Gas Law (Law No.44/Prp 1960) both promulgated in the form of Emergence Acts to replace the 1988 Mining Law of the East Indies.

The New Statutes not only retained the State‘s Exclusive right to Mineral Resources contained in the colonial legislation but further make it more stronger  it by stipulating that * Only State is authorized to exploit the Mineral resources.

• The Ideas of Concessions, i.e. , the Grant by the State to a private party of rights to develop Mineral Resources in a certain area of Land  was abandoned. INDONESIA - Indonesian Exports, Marketing & Pricing.: An article from: APS Review Oil Market Trends

Only the State, as the custodian of the Indonesian people, or on its behalf  a state enterprise can have Mining Rights called an “ Authority to Mine” or Mining Authorization.”

Well, these are some interesting back grounds which was taken from the above interesting book;    

Natural Resources Created By The Creator

If you are allowed by the AL  MIGHTY to stay ==>  in this World  for quite a while, at a certain stage of your life Cycle  you will  realize that your life journey also rotates similarly  as :

• sun and and moon, day and night, 
• hungry, eat, full stomach, hungry, start eating again, full stomach, 
• you earn money, you spent your money, you are out of cash, start working  hard again, your earn money, you spent money  etc. 
• ups and down 
• like a merry go round; 
• spinning around 

If you happen to be a Muslim Believer, you can found this Rotation Fenomena  in the Holly Book        Al Quran, where it actually shows  the Sign of the Greatness, the Merciful of ALLAH the AL Mighty;

• The Important and significant thing is that  you start realizing  that ALLAH The Al Mighty has created this World  with all the Natural Resources distributed and scattered around the world  ready to be searched, find out, explored, mining out  it out, exploited, developed, transported, stored and sell  for the benefit of all mankind.  
• This process of Awareness of knowing our Creator : ALLAH is also following the ups and down rythm, where you have to maintain it on the up level by continously listening to the words of ALLAH  from the Al Quran and testing its reality in the Real World of your Real Day to day life; . 
  

Well, my life experienced as a Business Lawyer makes me becoming interested in looking and observing the Nature of the Hard Minerals such : as Copper, Iron Ore, Gold, Diamond, Bentonite, and Hydro carbon (Oil and Gas); 

• Gold is Valuable in its price ; 
• Diamond is the strongest Minerals if you want to crush with other Minerals, which therefore is  being used in the Drilling Bit,  known among others as Diamond Shamrock  Drilling Bit,  where the price of such Diamond Drilling Bit is equal to 2( two) new Brand Mercedes Car
• Benton  "cannot be melted down"  even in a very High Degree Temperature Plant and thus is used as to Shape other Minerals  in a High Boiling Temperature  Plant;        

The ALL Mighty has granted the Indonesian Archipelago  with full of Natural Resources; 

It is not human being who planted and created this Natural Resources regardless of their nationality; The human being are only being given Brain with  its built in Mind, capacity,  Soul, and Heart, instinct, willingness to search these Natural Resources by conducting General Survey, with Knowledge, Science,  and Capital Engineering, Infrastructure.

• Further this Human Being has to explore these Natural Resources  by conducting Seismic line services  in several appointed Coordinates, by first clearing the Surface Land from trees or houses ; and than planting the dynamite to be blown, where the sounds are detected ind captured  in the Seismographic instruments which will than be shown in a graphic picture showing the prospective contents of what is in the structure below the ground.   

If there are Mineral Resources determined to be commercial developed, these Human Being start developing  the production facilities from pipeline, station gathering, separation instruments to separate the  Oil from the water and sulfur if it is Hydrocarbon, and if it is Hard Minerals such as Coal to split the Coal from the Water, Sulfur, Ash; with the Technical Instruments developed by the Human Being using their Brain, and Mind; and develop the Coal Plant.

As a Business Lawyer in reviewing the Mineral Contracts, Cooperation Agreement between the relaeant Parties, the  Sales Coal Contract,  we have to understand the Nature of this  Mineral Business in order to be able to accommodate the willingness and desires of  the Business Players /Investors who are your Client in giving legal advice and drafting or reviewing the Purchase Sales Coal Contracts or if you are requested to conduct Legal Due Diligence if your Client is interested to acquire share of the Company who is operating a Mining Activities either Coal, Iron Ore or Magnesium. 

• It is really enjoying if you love your professional work and if you happen to search the real meaning of life and start questioning why are we dropped in this World and who had created these Huge World together with all what is contain  below  the Ground  which includes those Natural Resources which can really be useful to increase the Quality of Mankind. 
• Well, these are my thoughts  this morning when I walked up from my bed and start writing what is in my mind in this Blog of mine;Cheers and Good Luck and success
• Jakarta, April 17, 2011 Agung S.Suleiman 

IPM DRILLING

It is really interesting in discussing contracts aspects in the IPM Drilling. Well  if your Company is relatively small in terms of manpower within the Oil and Gas Explorations in Indonesia, you might as well thing of engaging IPM Drilling, since your do not have to tender 10 x for the Services relating to Drilling your Explorations or Producing Wells by just tender One IPM Drilling which is an Integrated Management Drilling

This  Drilling Services consists of Drilling Services itself, and shall than includes the Mud Services, Cementing Services, 

• Drilling Rig
• Logging Unit
• Cementing Unit
• Casing/Tubulars.
• Mud Engineering
• Waste  drilling  disposal
• Testing
• Transportation
• Fishing
• Directional Drilling/ Horiziontal
• Land – Heavy Equipment for road Constructions

Every Company who are specializing will be asked to supply the Materials. 

In this IPM Drilling – the Oil Company – Out sources all the Services relating to the Drilling activities  –  The Concept is Let the Contractor do it,  they  just  shift  the  Cost,  So  they  don not have to do  tender  process several times.

Thus the Oil and Gas Companies, can skip the procedure doing many tenders with many vendors 

Either  the Oil Company or the Drilling IPM Contractor  will design the Drilling  Program. If  The Drilling Contract Design this Drilling Program,  the Design Cost will be included in their Lump Sump Turnkey Project.. There is a 100% Turn Key project or Semi Turn Key.

The Drilling Contractor shall lead the Drilling Operations. If the Oil Company has got many manpower, they usually manage the Drilling activities. The Oil Company will engage several Companies : the Drillling Company, The Mud Contractor, Wireline Logging, Perforating, Fishing. 

But now a days the Drilling Companies shall do the Management of the Drilling several activities. 

This Drilling Company shall own or lease the Drilling Rig.  The Drilling Contractor shall enggage and manage all the relevant Supporting services such as the Cementing, Mudlogging, Casing-Tubing, Wireline Logging. Thus The Oil Company does not be worried how to manage such drilling other services activities. So this is a Turnkey P

Well as a Business Oil and Gas Operational Lawyer,  you may be engaged in Drafting the IPM Drilling Contracts or you may also end up in assisting the Drilling Company in establishing the Drilling Companies. There are many interesting Legal Aspects in these venture. There are several questions that you have to raise. Is the Drilling Company has to be a PT Local Company or can there be a Foreign PT PMA Drilling Company engaged in the Drilling activities. Thus there is the Company Act Law issues, If the Shareholders of the Drilling Company consist of a PT PMA Foreign Company, is the Drilling Company automatically become an Foreign PMA Company. 
These question has to be research with the BKPM, as well as the Director of Oil and Gas and BPMIGAS institutions. What Licenses are required to conduct such IPM Drilling Activities. 

How about the BKPM (Foreign Investment Coordination Body) facilities for the equipment that are being imported from outside of Indonesia; Can this Drilling Company be granted such Facilities  by BKPM or can they just use the Oil Companies' Facilities which are given such facilities under the PSC.

Well those are part of the interesting Issues that the Business Lawyer in the Oil and Gas activities have to check and dig out in assisting their Clients                  

Cheers
Agung S.Suleiman
Independent Business Lawyer  
 Jakarta, 2 April 2011  

Elements in Coal Trading

The Specs and quality of the Coal is really significant to be observed in trading Coal Products. You have to learn carefully from  the Coal Professional, when they are talking and discussing about the Calorie of the Coal. The Coal from Sumatera appears to be high grade ranging around 6.3 to 7.00. 

Stock pile of the Coal is really important to avoid delay in loading the Coal and  for the purpose of determining the Laycan or the time when you will ask the Ship to move or berth to the Terminal Port, for loading the Coal because you will be exposed with Demurage and Dead Freight from the Mother Vessel which will pass by the Buyer to us as the Seller.

If we agree with an FOB arrangement, and delay occurred  causing longer time for the agreed Loading time, this will result  additional cost to the Vessel for parking the Vessel  at the Port, whch will be passed to us by the Buyer of the Coal..  

To minimize the risk  you may try to request that your responsibility as the Seller in taking  the Coal Product is up to the Stock Pile, where you will ask part of payment be made by the Buyer when the Coal reached  the Stock Pile.  We have several experiences, where we are being exposed with Demurage and Dead Freight due to the delay on our part in meeting the agreed volume of Coal to be loaded to the Vessel during the Laycan, since there are certain level of the Quality /Spec Coal  which may reach the Rejection figure specified in the Coal Sales Contract .

As a Corporate Business lawyer involved in this situation we have to experienced upon the real reality occurring during the Loading and shipment of the Coal.    

As you may now, even though the Grade is below the agreed level, frequently the Buyers insist you to continue Loading the Coal Products to the Vessel, event though  Coal Spec reached the Rejection level shown in the Coal Sales Agreement , since it appears  there are always Buyers or Endusers who will  absorb such Coal products. 

However, it may be that since the Coal Product is blended, the Calories are being mixed resulting negotiation upon the adjustment price to the agreed Coal Price, is conducted after a while from the time  Shipment of the Coal had reached its destiny, in the sense that The Coal had been delivered by the Buyer to the Enduser, but adjustment of the Coal Price between the Seller and the Buyer had not been reached. .  

Well the above are some elements that we have to observe in dealing with Selling, Loading the Coal Products  experienced  during the Loading time of the Coal.

Jakarta 4th February 2011
Agung S.Suleiman.  

Challengging Oil Operations

Yes, here  I  am back in front of my computer, writing in by Blog AGUNGSS Business Lawyer Note. After having experienced Independent as an Independent  Business Lawyer for more than 12  11/2 Years since June 1998, I am now busy with Oil works and also Coal Mining Works.

The Oil Company which I am being assigned through Secondment by Saco Law  through its Holding Company,  is in the face of Commercial Production. It is really exiting since we are all busy in preparing the arrangements as to how to implement to  get the oil Production from below the Ground around 500 meters  to carry  and moved it  to the Terminal Port for lifting to the Tanker of the Buyers. Well, it is really interesting since, cash and funds are needed to transport and move such Crude Oil from the Oil  Field to the Terminal Port.   

Moving such oil can be done through pipeline facilities, however, funds are need to built such pipeline facilities. If we are intending to use existing pipeline of other Oil Companies in the Working area, in reality it  is not that easy since quality of the Oil which we are intending to flow through  such pipeline must meet the quality oil of the existing producing Oil Companies who are already using such pipeline facilities. 

The temperature of the oil has to be high with a certain degree of level so that the oil could still  move and being transported through such pipeline facilities. Bankers who are financing oil Companies needs to see the real oil products being actually sold to the Buyers.   

Bankers will only disburse a certain amount of funds needed by the Oil Company for the working capital and will only further disburse  if the Oil Companies can show the Oil Products really being sold to the Buyer at the Terminal Port of Point of Sales. 

Accordingly, there have to be business strategy by the Oil Company, as to how to show  the Bankers of the realization of such Sales of Oil. 

If the process of using the Pipeline facilities still needs a long time for realization, the alternative way out has to be made,  which among others are  by using Trucks to carry such Crude oil from the Oil Field to such Terminal Port.  There must also be Storage tankers needed  to store such Crude Oil before lifting  to the Tankers. 

This may initially be more costly compared to using the pipeline facilities. But since, we are competing with time to show the Bankers on the Sales of the Oil to the Buyers, we may than choose  using Trucks as the first priority action to be taken by Oil Companies who are in the early stage of growth. in building their Financial Strength.  

This is really challenging for us including fo the Oil Business Commercial Lawyer to prepare the required  contracts to stipulate the terms and conditions for implementing this business strategy.    

Good and Well Team work are needed to make these  challenges  become real and executable. We have to be professional  and  focused on the Goals and Priorities. These are really challenging operations experienced  by us involved  in the Oil Business Operations in Indonesia.

Cheers

Agung S.Suleiman

Jakarta 3rd  February 2011                 

Coal Trading Business

During this recent weeks, I have been really busy  involved in a team work  with our group members  relating to a certain Coal Trade  Project. It is really exiting, interesting and frustrating  because there seems to be difference of manners and attitude in approaching the price settlement  of Coal that had been loaded on the Vessel,  for approximately 15,000,000 MT of Coal. 

The issue was that the Coal Quality spec was not reaching the spec but was not rejected by the Purchaser, and requested to be loaded to the Vessel, with  conditions  proposed by the Purchaser that if the Coal is below  5500 Kcal/GAR, the price will be renegotiated. 

However, when we as  Seller had followed the instruction to load the Coal to the Vessel for shipment, the Purchaser seems not having room for negotiation, and had keep on insisting  to decide unilaterally, for which purpose we as the Seller who had followed the instructions of the Purchaser to load the Coal,  feels of not being treated fairly, which also resulted several of the stockholders, suffers delay in payment for their rendered services.

The Purchaser had requested that the pricing of the Coal must apply CV prorated basis plus discount of 20%, which resulted the figure far below the market price of the Coal. We as the Seller had moved our position from just applying prorated basis with discount to applying the market price. 

Well, in doing Coal Trading Business, we have to be professional and also have to honor the commitment that we had made. In practice even though the Sale and Coal Purchase Agreement  had been signed, if one of the Party   particularly the Purchaser had waived their rights to reject the Coal Commodity which had reached the rejection point, and requested to load the Coal immediately to the Vessel,  subsequently, such instructions has to be treated as a legal contractual binding commitments, for which  we have to honor our wordings made through such email,  which suggested for negotiation on the pricing of the Coal,  which in average had shown a certain Gross Caloric Value that had  been be determined by the Independent Consultant mutually agreed by the parties. 

There appears to be Coal Pricing Index,  where there are several Coal Kg Calorie  Value Indexes, where according to the Indonesian Mining Association News, Indonesia, one of the major Coal Exporter  through  PT. Coalindo Energi (PT CE), will soon launch the Indonesian Coal Mining Index ("ICI")  for example ICI 1 to 3 ranging from ICI 1 GROSS caloric Value GAR 6500 Kg Calorie, ICI 2 - 5500 Kg Calorie  and ICI  3 - 5000 Kg Calorie, where there is a range of pricing deduction, if it falls between these range index. From our brain storming discussions, it indicates that we may  have several alternatives /options to either apply (i) the prorate basis to get the pricing of the Coal or (ii) deducting a certain percentage, or (iii) we just  seek the market price of such average Coal Kg calorie on As Received Basis (ARB). 

As a Business Lawyer who is a member of  the Professional Coal Trading Team,  we really have to anticipate how if in the real practice there occurs, condition where the Quality of the Coal did not meet the required spec quality and rather had reached the rejection point but from the commercial basis,  the Purchaser had requested to waive its right to reject the Coal and insist on loading the Coal to the Vessel, but do not want to open its room for negotiation on the Price of the Coal that had been actually loaded to the Vessel ( FOB) and delivered to the Purchaser and had reached the End-user  .

The Rainy weather, must also be taken into consideration, since the Naught of the Vessel had to be closed to avoid flood of water causing The Total Moisture (TM) contents in the Coal Increase dramatically. 

One of the issues that also  have to be taken into consideration is relating to Demmurrage and Dead Freight issue, particularly if the Inventory of the Coal in the Stock Pile,  either within the Mining Location or in the Stock Pile in the Port is not sufficient in quantity, to fulfill the agreed amount  of Coal Bulk to be supplied,   which could cause Demmurrage and Dead Freight Exposures.     

Well, those are some of the issues that has to be anticipated in the real world of trading Coal for shipment.                      

Shareholder Loan

There are instances where a PT Limited Liability Company operating in Indonesia needs funds from its Shareholder. In this situation you as a Business Lawyer are being required to draft a  certain Shareholder Loan Agreement by your Client. If you are an In House Legal Counsel of such PT Company you may try to draft a first draft of such Shareholder Loan Agreement to be further reviewed by an Outside Lawyer. Click Here!

If there are several shareholders in such PT Company, there must firstly be a Shareholders Meeting  called  by the Board of Directors for a meeting with the agenda to request the shareholders to give such Shareholders Loan to the PT Company, where Minutes of the General Shareholders Meeting will be the legal basis  for the  Shareholders and the PT Company to enter into a Shareholder Agreement. As we understand under the Indonesian Limited Liability Company Law, the PT and its respective Shareholders are being treated respectively as an independent Law Subject in front of the Law.   Thus if the shareholder agreed to provide such Shareholder Loan, such Shareholder who are providing such Shareholder Loan has the right to demand for the repayment of the Shareholder Loan against the PT Company. S corporation shareholder loans: a cautionary tale.: An article from: The Tax Adviser

SUBORDINATE LOAN 

This Shareholder Loan has the level of subordinate Loan against Loan From a Bank made to such PT Limited Liability Company, meaning that if there is cash-in received by such PT from its business, the repayment has to be  firstly made by the PT  to the Bank and if there is remaining amount after being deducted for the operations of the PT Company such monies is allocated for the repayment to such Shareholder providing such Shareholder Loan to such PT Company.

This repayment to the Shareholder is also made first before dividend are distributed to the Shareholders. This all depends upon the agreement between the shareholders of the PT Company and the Shareholder who is providing such Loan. It is really interesting for a Business Lawyer to draft this Shareholder Loan Agreement since there are legal aspects of Civil Law regulating loan, and  there are Corporation PT Law regulating the corporation aspects of such PT, which have to be observed by the Business Lawyer in drafting the Shareholder Loan Agreement.      

   

Loan Agreements

If your Client needs some funds from a certain Financier, you may be requested to draft or review a Loan Agreement. In drafting this Loan Agreement there are several legal aspects that you have to draw your attention. You must know the amount of the Loan which your Client requires, the Disbursement of the Loan, and the Repayment of such Loan. In order to secure the Loan the Banks or Financier usually request a certain Independent Business Lawyer to conduct Legal Due Diligence to review several legal aspects that have to be observe to make sure that your Client is eligible to receive the Loan and will ask the purpose of your Client in requesting such Loan.      

Besides Legal Due Diligence, there may also be conducted the Financial Due Diligence for the purpose to review the Business Financial aspect relating to your Client Business. Is the purpose of such Loan for expansion of your Clients Business ? What is the project cash flow projections of your Clients Business.Who is the target market of your Client ? What is the market  share of your Clients selling products. Is your Client conducting business in Manufacturing a certain product ? Or is your Client conducting General Mining Business Operations ?

There are certain Bankers who looks at the reputation of your Clients Business. For instance if the Project is really feasible and your Client based on the Financial Records shows positive cash flows based on a certain Project that had been done by your Client, The Banker may trust your Client and provides a Project Financing arrangements, where the Banker is more focusing on the proven Cash in of the Projects in several projects that had been performed by you Client.   

If your Client has not yet shown Projects being performed, the Bankers may request several Corporate Assets of your Client such as Buildings, Plants, Machines, Heavy Equipments  as collateral  to secure the repayment of the Loan. As a Business Lawyer you need to review all the Legal aspects including the title ownership of such Corporate Assets.

The Bankers may also need to request some pledges upon the shares issued by your Clients Company. As  a Business Lawyer you need to review the Corporate Documents relating to the owner of the shares issued by your Clients Company.  Besides  reviewing the  Loan Agreements you may also need to draft or review  Collateral arrangements including the Fiduciary arrangements and probably may need to conduct checking with the Fiduciary Office relating the registering the Fiduciary Deeds.       

Business Legal Exposures Beef Restaurant Franchise Arrangements

In doing business you may be interested to enter into a business cooperation with another company who is mastering a certain business ventures that you are interested. For instances if you want to open a steak beef business Restaurant  you need to master all the conditions of the beef meat that you desire to serve in your Restaurant. You need to now the location of the place where your restaurant is going to be open. Is such place strategic or not. Are you intending to open a small or big Restaurant ? Where do you want to purchase such beef. Is it local beef or imported beef. 

Click Here!

If you feel that you want to use a famous beef Restaurant  that is already well known, you may be interested to enter into a Franchise Agreement with such well Known Beef Restaurant.  It really depends whether the owner of such well known brand is willing to allow you to use their brand in your Restaurant. If this is the case than you may need to observe the legal clauses under such Franchise Agreement. What are the rights that you have in using such well known brand, and what are the requirements that you need to comply as requested by the Owner name Brand  of such well Known Restaurant. It may be that the performance image of such Beef Restaurant including the conditions and cleanness of  your Restaurant must meet the standard  performance which is adopted by the Owner of the Well Known Beef Restaurant.

The Hygene and quality of the Foods and services have to be in accordance with the standard quality of Food as determind by the Owner of the Well Known Beef Restaurant. In fulfilling such above quality and standards you may need to redecorate your table, sits, Bathrooms, table cloth as well as the cleanest and standard dress  used by the Person who provide and serve such Beef Steak to  the  Customers and guests of your Restaurant all to be in the cost of you alone.  

The quality of the water may also be important to be observed. Who are the suppliers of the Beef Steak?. It may be that the Owner of the Brand will select the Supplier of such Beef Steak. The condition of the Kitchen as well as the Chef  may also be in accordance with the standard  requirements  as requested by the Owner of the well Known Beef Brand. Since this will be a Franchise arrangements there may be a certain Franchisee fee or Royalties that  you have to pay upfront to the Owner of the Franchise before they allow you to use their Beef Brand Restaurant.


This all depends upon the circumstances  and conditions surrounding the business transaction between you and the Owner of the Beef Brand Restaurant Owner. Well those are some of the business aspects which  have to be jotted down under the Franchise Agreement between you and the Owner of the Well Known Beef Brand Restaurant resulting legal binding contractual arrangements between you and the Beef Brand Owner.   

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.