This Blog content Geopolitics link to the Oil Gas Natural Resources General Mining Cooper Gold and legal aspects.
The Operator of this Blog Agung Supomo Suleiman had Geopolitics Education - during his studies of International Public Law in the Faculty of Law University of Indonesia & 35 Practice Law Experiences Combined - Inhouse Legal Counsel & Independent Business Lawyer in the Oil Gas General Mining Cooper Gold - Natural Resources
Yes, Indonesia is really experiencing New Era in its journey as a Nation in this Democracy and Transparency Era. In Indonesia you can notice that the Indonesian News Papers and Electronic Media are very freely independent and nobody is in exception to be criticized including
the highest level position in the Executive, Judicial as s well as in
the Legislative; Particularly facing the 1914 Presidential and
Legislative.
We cannot imagine that this could happen in Indonesia during the
Soeharto Regime Power Era before 1998; Indonesia is actually still
learning how to become a well integrated, Good Governance, transparency
since in the Political Level, most of the Parties are still using monies influence to
attract the people in their campaign to seek voters. Indonesia is an
Archipelago consisting of thousands of Islands scattered from Sumatra to
Papua, where in reality you need to have significant amount of funds and monies or sponsors
to be able to capture the Parties Voters in these wide Spread
Archipelagos of Indonesia.
Most of the officials who are
being dragged to the Court being alleged of conducting Corruptions are related to the High Level Legislative
and Head of the Region Elections where it indicates that there occurs collaboration between Private
Companies who had sponsored funds for the Political Figures which in return these Private Companies appears to be expecting to win tenders in the Government
Projects, which are demonstrated in the various Corruption Cases being
handled aggressively by the KPK (Komite Pemberantasan Korupsi) or
roughly translated the Corruption Elimination Committee.
Several significant High Level Public Figures are being jailed and put to prison in
the process of this Investigation by KPK, which are being highlighted
by the Indonesian Journalist in the Local TV Media News in Indonesia. We can view and observe this as
a positive legal trend process against corruption in Indonesia during
this Transparency Era, where nobody is in exception to this new Era
Trend occurring in Indonesia. At least there is definitely High Hopes experienced by us for a better future in
Indonesia in the coming years to come.
Talk shows in the TV Media are occupied with these breaking news relating to Corruption Cases which are being discussed, analyzed and debated by the Expertise from different level of professions.There are no censorship upon what are being discussed in the TV Media in Indonesia relating to this corruptions cases involving the High Level Alleged Officers. Thus, Indonesia is currently really experiencing a new Era in its journey as a Nation to become more Democracy, Transparency and Good Corporate Governance.
Yes, as a Business Lawyer we have to learn from others particularly, how to increase our professional qualifications and capability to catch up with the International Business Professional standards so that we can satisfy the legal curiosity of our Foreign International Clients who are conducting business in Indonesia. If we can meet the high expectation of our Client in handling the legal aspects to protect their business interest particularly to protect their investments which they have pursued to achieve their business goals and targets, we might be rewarded by our International Clients by achieving good and qualified team work and partnership with our Clients.
Our Law Firm now called SACO Law Firm (Suleiman Agung & Co) is striving to survive and as a professional Law Firm, and we are really eager to establish and maintain good professional relation with Foreign International Law Firms. For more than 15 (fifteen) Years since 1st June 1998, our Law Firm had been practicing Business Law within the Business Community in Indonesia. The Founder and partner of this Law Firm had experienced serving International Foreign Clients as well as Local Indonesia Clients. Based on such depth experienced, we believe and is confident that we really understand the wants and needs of our Clients to ensure legal certainty to enable them to develop sustainable business venture in Indonesia.
We must be aware that the world is flat in the sense that all countries are dependent on each other including maintaining good understanding between the Various Business Players and Professionals in all level of Business Society. Besides mastering the English language every Business Lawyer have to always learn the effective business communication particularly how to talk the same business language with your Business Lawyer skills in passing the message of legals aspects and legal exposures which is understood by every level of professionals with your Clients including the management and shareholders level.
As a Business Lawyer, we have to learn from the hard way and by experiencing also the difficulties and obstacles in our cash flows and learn smart from our ups and downs in running and managing our Business Law Firm and we must also establish high level of trust and comfort to our Clients. Indonesia is growing and striving hard to be at the same level of attitude with other advance countries who had reached a certain level of quality and service which can be accepted by International Standards. We can observe and watch this from our day to day experience in Indonesia where one of the Good samples which are shown by the New 1 Year Governor of Jakarta, where the Governor and the Vice Governor of Jakarta are really doing professional tasks including how to get the MRT Project done to cope with the Terrible Traffic Jam and crowd in Jakarta and the hard work to cope and handle the Floods in Jakarta.
So we really must learn from our advance neighbor countries and learn smart from them to develop growth in this open transparant era.
Yah kita sebagai manusia HarusSabar, tangguh, tidak boleh putus asa dengan Rahmat ALLAH BERSYUKUR kepada ALLAH.
Rejeki sudah ada Jatah dan takaran dari ALLAH bagi kita selama kita masih diberi kesempatan hidup, namun syaratnya agar dapat rejeki Berkah, adalah Jujur, Mengikuti Perintah ALLAH dan Menjauhi Larangan ALLAH, berdoa, berusaha keras
dengan banyak mau belajar dari pengalaman jatuh bangun diri kita maupun
orang lain termasuk wadah kita dan wadahnya orang lain, dan berusaha
untuk juga kerja cakap dengan tidak mengulang-ngulang kesalahan yang
kita lakukan.
Penulis merasakan bahwa meskipun sudah berumur 61 tahun menuju 62 Tahun, namun jika ALLAH masih memberikan
kesempatan untuk hidup didunia ini, dan jika sudah bersusah dengan
semaksimal mungkin, ternyata manusia ada takaran rejeki sesuai dengan
kemampuan dan kegigihan yang dimiliki orang tersebut, dimana untuk
Penulis adalah memberikan "Brand Name" pada wadah Penulis dengan nama Suleiman Agung & Co yang Penulis singkat SACO LAW FIRM;
Tidak mudah memang membangun dan memelihara serta mempertahankan untuk dapat Survive, selama lebih dari 15 Tahun ini dengan
ganti Partner maupun berganti keluar masuk pegawai. Namun karena
Penulis mulai dari "Nol alias Scratch" istilah bahwa Inggrisnya, pada
tanggal 1 Juni 1998, Penulis syukur ALHAMDULILLAH telah banyak
mengalami jatuh dan bangun termasuk Cash Flow dari Wadah ini yang
tentunya berpengaruh kepada Cash Flow dapur pribadi rumah tangga;
Namun ada "Hal penting yang Penulis alami, setelah
dicampur antar pengalaman pengalaman perjalanan hidup Pribadi selama 61
tahun lebih dengan 15 Tahun menjalankan Wadah Suleiman Agung & Co yang Penulis singkat SACO LAW FIRM adalah, terasa ada ke"Yakinan Kuat" yang dirasakan oleh Penulis bahwa ada hukum Universal yang dibuat oleh ALLAH Sang Maha Pencipta, khususnya disebabkan Penulis sudah diizinkan oleh ALLAH Sang Maha Pencipta untuk selama 15 Tahun untuk dapat survive, dengan cara Self Employed dengan pengertian, tidak ada Fixed - Income atau gajih, melainkan berjuang dan berusaha mengharapkan rejeki Cash-In meraih Karunia ALLAH dari Proyek memberikan Jasa Hukum melalui Wadah Suleiman Agung & Co yang Penulis singkat SACO LAW FIRM, maka banyak ilmu dan pelajaran yang dapat Penulis petik;
Ilmu dan Pelajaran Penting ini antara lain yang penting adalah bahwa jika kita kaitkan dengan Keimanan dan Kepercayaan atau Faith, bahwa ada suatu Dzat Maha Kuasa diluar diri kita yang telah menciptakan ALAM semesta ini termasuk Bumi yang kita tinggali terasa Sangat Kuat ada "Hukum Universal" yang bersumber dari Kitab Suci yang diturunkan ALLAH, melalui para Nabi dan para Utusan Rasul dari ALLAH bahwa ALLAH akan memberikan cobaan kekeringan - tandus - dimana dalam hal menjalankan wadah adalah "Masa Sudah Sidekit atau Minimnya Cash Flow, serta disisi lain Rahmat dan Berkat berupa Rejeki Karunia ALLAH berupa Cash - In yang akan datang setelah kita benar2 kepepet, yang datangnya seringkali
dari Arah - atau Klien yang kita tidak- sangka2, dan biasanya tepat
dengan Jumlah Uang yang kita benar2 Butuhkan untuk dapat menyirami
kekeringan Cash Flow tersebut;
Jika hal ini hanya terjadi sekali dua kali maka mungkin kita menyebutnya Kebetulan, namun jika hal ini seringkali kita alami, maka harusnya ini membuktikan : "Tidak Ada Faktor Kebetulan" melainkan haruslah ada faktor Hukum Universal dari suatu Sistem Mechanisme Jatuh bangun dala kehidupan didunia ini, yang memang telah didesign dan dibuat oleh ALLAH, dimana kita harus pandai belajar menimba ilmu ini, dan mengamati, perjalanan hidup kita agar kita In Sya ALLAH dapat menjadi manusia yang lebih Bijak dan Cakap dan Pandai Bersyukur untuk tidak merasa Sombong jika berada di"Atas", dan tidak putus asa dikala kita berada "dibawah.
Sekian dahulu tulisan Penulis ini, pagi setelah kemarin bekerja dan rapat sampai malam dengan Klien .....
Well, its quite a while that I visited this blog of mine; It is really exiting being the founder of a Boutique Law Firm, now called Suleiman Agung & Co ("SACO Law Firm") particularly if you are trying to connect your self with the Creator of this World that we are living; From my life experience, I strongly feel that there are certain Universal rules that applies to all human beings as well as self employed professionals players whatever the professionals might be in this 1(one) world that we are living;
If you are allowed by the Creator to survive being an Independent individual or professional where you are self employed in the sense that you are not attached to a certain fixed income, you than start on trying with your best efforts to find a way out to cope with your cash flow;
For sure and certain we understand that there are Certain Universal rules and principals which taught us that we cannot just sit in our office and wait for a falling star or a basket of monies pouring to our office or our pocket, but we have to market out and seek information within our networks to get some business deal done;
From our life experience, we strongly feel that there is a big and huge difference between someone who in the process of life develop the awareness in the faith and believes that there is a Great Element Creator, outside of our selves, who had created this huge Universe including the 1(one) world that we are living, which is that we as believers upon the Creator, are educated by our actual live journey experiences to really explore such live journey and by trying really hard to balance our day to day actual life, with God's Words in the Holy Books that had been sent down to us through the Creator's Messenger;
We can found for example that the wind which blows is not just blowing by itself, but is actually a Good Blessed Message from the Creator, that the wind will blow Clouds into the Direction of a certain Land which are dry, by which water in the form of rain will be sent down and poured to the dry land being part of the earth, so that living can start again after such long dry land, where seeds of the plants can grow resulting fruits and vegetables as God's kindness to us, so that we and all the animals can survive living and start to live again after suffering such long dry seasons;
So these are actually many signs from the Creator addressed to us, who wants to use our mind, brain, and see with our eyes, ears as well as hearts to be thankful to the Creator who is ALLAH The Most Merciful and Kindness to all of us in this world; However, we have to be patient and do our best efforts within our best efforts to continue living in our unique respective fields of skills, talent, potential strength as well weakness to complement with other integrated professionals and different fields within our choice of works and places to seek opportunities to survive, and for us Believers to pray and be thankful for ALLAH kindness to us.
These kind of feelings are similar to the cash flows of our Professional Business, where if we are patient, focused, tough with our efforts in striving to survive, after marketing our selves through our networks, and after we felt dry season in our cash flows or feeling as if we are in the edge of the cliff, we can strongly feel as Believers that ALLAH as the Creator will guide us to contact one of our many networks that we have contacted and will pour water or provisions through such respective network by giving business deal in our respective professional skills to cope with our cash flows;
The above are my writing for this night in the beginning of the Holy Month Of Ramadhan
As we are aware Indonesia is facing a
new Era where its Economic Growth for this Year is targeted to be around
6,3 %; The population of Indonesia is around 250 million, which means
that it is a significant place to target Indonesia as the market place
for products such as Ipad, Handpohone, Computers and other consumer
products, electronics, Auto Cars, Motor Bicycles, Washing
Machine, TV, Refrigerators and other consumer Goods; We can see that
there are so many Malls selling such consumer products including in
Jakarta and other growing cites in Indonesia;
However, we have to be fully aware that Indonesia is also currently facing the AFTA Year 1915, where ASEAN Free Trade Area (AFTA) will be effective and takes place. As we are aware the AFTA Council has agreed that the target dates to achieve this free trade Area is 2015 for 6 original members and 2018 for newer members.This will create an intergrated market where there shall be free flow of goods and services within the Region;
Thus, in the Year 2015, Indonesia will face the Asean Free Trade Area where all
the South East Asian Countries will eliminate intraregional tariffs and
non tariff barriers among the members of this Southeast Asian
Countries; It means that they plan to intergrate the ecomomies in this region into a single production base and regional market;
AFTA goal is to increase Asean competitiveness with the other Global
Regional Integrated Area, to attract investments and jack-up the trade
between members of this AFTA;
The Real Big Question
: is Indonesia ready for these AFTA Era ? Compared to the Asean
members itself, the business environment climate in Indonesia which
includes the lack of infrastructure, the long period to start up a
business, the bureaucratic process, the inconsistency in the regulatory
framework, the non-integrated communications between the inter
department sectors, the mental attitude of the local as well as central
government officers which needs more transparency, as well as switching their mentalityfrom seeking power and respects as Government Officers which had caused non efficiency and high costs economy,
and results non competitiveness of Indonesia within the Asean region, to become into focusing
to provide good quality public services to the business investors,
stakeholders and players in speeding the processing permits, registrations process,
approving Plan for Development (POD) in the Energy Sectors, Oil and gas
and Mining sectors to enable to Indonesia to be more competitive with the other Asean Member countries,
As a Professional Business Lawyer practicing as Legal Consultant to
Clients for more than 15 Years through his Law Firm, and 15 Years as In House Legal Counsel
in Private Companies, and Law Firms, the Writer of this Blog feels that
Indonesia needs much more dedicated public servants who are really
serious and have the strong mental behavior, attitude which must be far
from arrogance in serving the needs of the investors to have a more
welcoming, non-bureaucratic attitude to enable Indonesia to reach the
same level of professionalism as we may found in other members of the
Asean Countries in facing the coming AFTA 2015 Era.
These switching mentalities must also be applied by the
Indonesian Professionals, as well as the Indonesian Private Companies
who are engaged in selling goods, services as well as Investors and
business players including its employees to be able to compete with
other Asean Players in the AFTA 2015 Era. Jakarta, 10 June 2013 Agung S.Suleiman
We are proud of being a Business Lawyer and founder of AgsS SaCo LAW FIRM (Suleiman Agung & Co) where the Business Lawyer is an Indonesian Business Lawyer who managed to run its Strong Characteristic Determined Law Firm; During this 14 Years of experience in running our firm, we "Do not YET have any Foreign Lawyer in our Firm, however we are eager to establish and maintain good team work relation with Foreign International Law Firms to establish synergy in expanding our International Networks.
Based on our experience during the 32 Years of Experience as Business Lawyer in Indonesia, where for 15 Years since 1st June 1998 me as the Founder of this Law Firm called AgsS SaCo LAW FIRM, we understand that Indonesian Law will be potential to mastered Indonesia Laws Product and Policy since we understand and are fully aware upon the background culture, way of thinking of different of ethnics, political parties and interest, and the national interest of Indonesia which created and shapes the Indonesia Laws and rulings;
In the drafting such laws there are several points which needs some international perspective which can cope foreign aspects and elements where usually consultants sponsored by the World Bank and other Foreign Donors may representing and accommodate the foreign interests being the donors of funds or loans borrowed by Indonesia; But if the Drafting or the results of the contents are against the spirit of the wants and wishes of the General Public of Indonesia, problems might arise in the implementation of such rules and laws;
In practice, there are instances where Indonesian Lawyers needs Foreign Lawyers to assist them in marketing themselves to International Business Clients, in order to be able to capture foreign Clients who are doing business in Indonesia;
We understand that Foreign Lawyers masters foreign elements and aspects in a Business Transactions, depending on the Regional Area where they experienced practicing their law. However relating to Indonesian aspects, they just merely view it from the eyes of an outsider who does not know and master the background thinking of the Indonesian people, desires wants and the national interest of Indonesia; This is similar for Indonesian Business Lawyer, where they do not fully understand and master the foreign view, desires, wants of the foreign investors in pursuing said respective foreign investment 's interest in doing business in Indonesia;
What I know, and is fully aware, from an Indonesian Business Lawyer perspective is that every foreign investors, where ever they come from, always wants to have and insist of having the full and major control on doing their business in Indonesia, in the Equity / Shareholder portion level, as well as in the management, financial and key positions in the business, which is fair enough, if you view it from the foreign investors perspective, depending on the share portion of their monies being funded, injected and contributed in the respective business.
If we focus and narrow down the business field to the Oil /Gas and General Mining Sectors in Indonesia, we then have to view it from a more general comprehensive prospective, since based on the Indonesian Concept and Principals, which are embodied in Article 33 (3) of the Indonesian Constitutional; Law Year 1945 all these Hydrocarbon, Mineral and Coal and Geothermal Natural Resources are actually owned by the People Of Indonesia as a whole, where, in the process of exploring, exploiting and producing, it must consider that the "End Result" of such Product must be for "the Utmost Social Welfare Benefit" of the People of Indonesia as a whole; I think, that in every country in this world , there must be a Strategy to be conducted, where said Natural Resources has to have the "Utmost Benefit "to its People or "National Interest" to the Nation, where the Natural Resources are Located, particularly due to the fact that such Hydrocarbon, Mineral and Coal are Non-Renewable;
Accordingly, Indonesia must also have a long plan strategy that said Natural Resources, must not only be treated as a Commodity to be sold, and become a Source of Income for the State Budget, to develop the Nation, but must also be treated as as Energy to generate and fuel the Power Plant to generate Electricity for Industry, houses, buildings, hospitals, Universities, Public Schools and the need for fuel of Public Transportation;
As Indonesian Business Lawyer, we for sure want to establish and are striving to establish Law Certainty in Indonesia; We are also having the desire and wishes that Indonesian Entrepreneur has the chance to develop their capability and performance in their business ventures; In the level of professionals, managements, business lawyer, tax, human resources, technical level, and other professional skills, there are many Indonesian professional, who already gained knowledge in their respective professional fields;
Relating to this empowering Human Resources, from our experience we understand that we have to fight and gain for our knowledge, in the know how in whatever field and professionals and we really must realize and be aware that we cannot rely and depend on the mercy or transfer of know how nor transfer of equity from foreign investors or professional, because in the real world there is no such kind of Party or Person who are willing to give up their power in the Equity/Shareholder Level as well as in the Management and Professional level in the Corporate phase; This "Rule of thumb " applies every where and in every country, in the real International Community;
As Indonesian Business Lawyer, we are fully aware that Indonesia as a Developing Nation, who is still facing itself to "fight corruption" which are indicated involving certain greedy Government Officials who are only thinking of their short minded abuse of powers, in many levels of their positions, in collusion with Political Parties and Businessmen, as shown in several Corruption Cases being handled by KPK; As Indonesian we are, however "happy now", since there are several Genuine Honest Governor and Vice Governor" who have succeeded in wining the Governor's Election in Jakarta in September 2012, which we hope could have a "snow ball" affect and be used as a "Barometer of New Hopes Emerging The Beginning of Honest and Public Servant Government Officer" in Indonesia which are good sign to establish Healthy Good Governance Climate in Indonesia;
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 reallybeing exposed in the Media, where many members of the Parliament as well as Governor /Bupati, are being trialed in the Court, as result of the investigation pursued by KPK (Komisi Pemberantasan Korupsi - Corruption Eradication Commission); This Corruption Eradication Commission is established by Law in Indonesia, since the people of Indonesia has lost their "Trust of Level" to the existing Judicial Institution;
The above bad practices for sure caused high economic costs in Indonesia, since marked-up are forced to be made by business companies to keep and maintain their profit margins; The people of Indonesia are already fed up with the Political Maneuver of the Political parties in the Parliament, as well as the Governor and Bupati who are abusing their power for their own financial interest, and are really frustrated with the bad attitude of this Political Clowns; This feeling of frustrations are shown in Jakarta, recently in September 2012, who had voted on the election of Jokowi - Ahok - who appears to be an honest couple of Governor - Vice Governor who had shown their honest intergrity - public servant during their respective former position in Solo - for Jokowi and Ahok ( Basuki) in Belitung;
We all really hope that this will be a good start for Honest Government Era in Indonesia; The Parliament day to day attitude are being controlled by the Media - Press including us as owner of Blogs, where we can also be part the elements of controlling and monitoring the Executive- Judicial - Parliament, by posting our own version of perception in their actions and moves;