Business Lawyer 's Mind

• If you are experienced for a long time representing Business Clients
• Your mind is shaped in such a way that you are forced to view and protect the investments that your Client are spending
• For business Clients, Legal Certainty is really significant.
• As a Business Lawyer you have to able to read the business minds and wants of your Clients
• Time is really the essence in making business decisions and momentum shall be significant in making such business decision
• Your mind as a lawyer have to follow the body gesture of your Client
• at the end of the day you have to come up with some products of legal services as been required by your Client to serve their needs
• such product can be a Memorandum Of Understanding (MOU) or Letter of Intent (LOI) as the staring point to jot down the intention of the parties who desires to enter into a mutual understanding between your Client and the co businesses counter part
• as a classical issue the nature of the MOU or LOI is frequently questioned as to whether it is already a binding commitment between the parties or is it just and still a loose non binding arrangement which has no legal quensequence
• In practice sometimes the nature of this MOU or LOI Intent differs one from the other depending upon the real intention of the parties.
• If the parties are still intending to explore with other co- partners or co counter parts, then there is a certain limit period of time where the Parties are free to enter into another similar arrangement with other prospective investors upon the same business transaction or business arrangements, whithout have been regarded as breaching any commitments under such MOU.
• If we analog it with marriage, then a "finance engangement" between a couple, migth be close to such MOU or LOI, depending upon the intention of the couples hehehe.
• Well, folks, the above are some experience on the MOU exposures, which are usually entered by parties who desire and intend to explore a business arrangements for a certain projects in Indonesia.

Jakarta, April 23, 2009 Agung Supomo Suleiman Partner Business Lawyer Partner Law Firm Suleiman Agung & Co

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Glance Snapshot on the new Mineral Law 4 Year 2009

• After glancing the New Minerals and Coal Law No. 4 Year 2009, herein below is a brief glance snapshot of this New Law
• As we can see in the reality mining operations practices the phase or stages of the Mining Activities are always having the same pattern which starts from the General Survey, Exploration, Feasibility Studies, Construction, Mining, Exploitation, purification, Transportation, Selling and Post Mining such as Reclamation.
• These stages are also being accommodated in this new law.
• The difference between this new law and the old law is that, there is no longer a Contract of Work ("COW") arrangement between new Mining Investors conducting operations after the enaction of this new law.
• The Legal grounds to conduct the Mining Operations in Indonesia shall be based on Mining Permits being issued by the Authorized Governments of the Republic of Indonesia.
• There are several Mining Permits which are being issued by the Authorized Government.
• The Authorized Government consists of the Central Government and the Local Government Authorities (Provincial Government) and the Regency Government ( Pemerintah Kabupaten/kota)
• Related to the issuance of the Mining Permits based on the Article 6 e, f, g, h, i, j the Central Government has the authority to determined the WP ( Mining Area), the issuance of the IUP (Mining Business Permits), IUPK Explorasi (Exploration Special Mining Permits) and the IUPK Operasi Produksi ( the Exploration Production Special Mining Permits) related to mining operations within the province area and/or sea Area from 12 miles from the costal line.
• The Provincial Governments based on Article 7 b, c, d, has the authority to issue the IUP (Mining Business Permits) related to the production mining operations which is located within the Kabupaten/Kota and /or Sea Area 4 miles up to 12 miles.
• The Regency Government has the right to issue IUP and IPR for the mining activities within the Regency Area (Wilayah Kabupaten) /Kota and or Sea Area up to 4 miles. ( Article 8 b, c).
• The WP (Mining Area) as part of the national spatial area shall form the basis of determining the Mining Activities ( Article 9 (1) of New Law. Such WP is determined by the Central Government after coordination with the Local Government and Consultation with the People's House of Representatives.( Article 9 (2) New Law)
• The determination of this Mining Area must be transparent, participative and accountable. This WP determination has to accommodate the relevant people's opinion by taking into consideration of the ecology, economy, social culture and environmental vision and the local aspiration ( pursuant to Article 10 a, b,c)
• The Central Government and the Local Government is obliged to conduct mining investigation and research in the framework of determining this WP ( Mining Area).
• In essence this WP consists of WUP (Mining Business Area), WPR (Peoples Mining Area) and WPN (The State Reserved Mining Area). ( Art.13 New Law).
• One of the most interesting part is that this Mining Permits, is related to the Location of the Mining related to the Mining Minerals which will be explored, the total area of the Mining Area which of course is related to the amounts of capital investments, which is required for the exploration, exploitation and production, and the lenght of the Mining Permits which will be granted by the Authorized Government.
• The condition of the Mining Permits has to be included in the Mining Permits, but not in the form of Contract of Works (COW) as we usually knew and practiced in the previous mining law.
• Thus from the legal aspects, it is really interesting to be observed, since this Mining Permits, are more of a "one sided Mining Rights" which is granted by the Authorized Government, and may be revoked by the Government, if the Government decided that the Mining Contractor does not comply with the terms which is incorporated in the Mining Permits.
• The other interesting issue, is that a Certain Mining Area could be determined as a Special Mining Area, if after consultation with the Peoples House Of Representative in such Mining Area, there is a mining deposit which for the National Interest can boost the economy growth, the energy strenght and the national industry strategy and increase the national competitiveness in facing the global challenges among others copper, gold, nickel, iron, coal.( Article 27 and its explanation).
• well, folks, the above, is a glance snapshot of the New Minerals and Coal Law No 4 Year 2009.

Jakarta, April 21, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

agungsacolaw@telkom.net

Election Day

• In Indonesia today is an important day because it is the election day
• we vote and elected the parties and the representative from such parties to be the peoples representatives in the Parliament
• It was really interesting because there are so many Parties who participate in such election
• The most important thing is that we are being given the chance to select our representative
• from the registered entitled person to vote in my place it appears only 65% participated exercising their right to vote and came to the election poll
• some of my friends in other places are not registered as entitled person even though they had been living in their places for a long time and had held the Identity Card as Registered habitat in their places for a long time
• It appears that the system of the election committee has to be revitalized and improved because it makes the person who cannot participate feels really frustrated.
• we do not know whether there was a deliberate intention since you may find many similar cases in other parts of the polling election experienced by my other friends.
• well, we shall see the results of the election in this coming days

Jakarta, 9 April 2009 Agung Supomo Suleiman

E Book Significant Legal Exposures/Notes Business in Indonesia

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• SENIOR BUSINESS LAWYER

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BUSY WEEK

• Last week was really a busy week for me
• it is really exiting since I have to finish my drafting of the business contracts on Saturday which was actually a free day from work
• I finally managed to finish the work around 17.00 hours in the afternoon and furnish it to my Client.
• The day before yesterday I had worked late night until 2 o'clock, since I had to prepare my presentation relating to Construction Study cases which was held by the Institution of Studies of the Law Procedure and Court System Faculty of Law University of Indonesia and the Department of Public Work
• The presentation was really interesting, since after making the presentation, I had managed to divide the class into 2 blocks where one block acts as the Construction Work Provider and the other block as the Contractor relating to a certain Road Project, where Mobilization of Manpower and Equipment /Dump Trucks were occurring causing delays in the performance of the construction work.
• It was really exiting, since the participants were really doing their best efforts in defending each of their positions.
• Thus, last week was really a busy week for me and I really have to have a break this week end to stabilize my health condition

Jakarta, 5 April 20009 Agung Supomo Suleiman

Enjoy Drafting Business Contracts

• IT'S BEEN A WHILE SINCE MY LAST POSTING
• Well, this week I am really busy with my work where I have to complete my assignment by the end of this week
• Yes, as a Business Lawyer you really have to be prepared of getting new assignments from your Clients.
• To the extent the payment is within your budget you will enjoy doing such assignments
• The assignments are drafting business contracts to serve your Client's needs.
• I really enjoy doing my task in drafting business contracts
• It makes you feel comfort and you can explore your ideas in incorporating the significant clauses to protect the business interests and desires of your Client.
• I really enjoy working such legal drafting
• it is like painting in which you can express your ideas in such contracts
• Thus, the important thing is that you enjoy doing your tasks as a business lawyer.

Cheers Jakarta, March 31, 2009 Agung Supomo Suleiman

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

agungsacolaw@telkom.net