FOREIGNERS CAN OWN LANDED HOUSES IN INDONESIA

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

Significant Points : 

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

This Government Regulation is designed by the Indonesian Government to provide more legal certainty for Foreigners regarding property owenership in Indonesia;
This Government Regulation takes into effect on 28 Desember 2015 according to the statement on the website of the Indonesia's Cabinet Secretary   

FREELANCE INDEPENDENT BUSINESS LAWYER

After having been permited by ALLAH to survive exploring my profession as an Independent Business Lawyer  for more than 17 Years since 1 June 1998, nearly reaching 18 Years,  if ALLAH permits me to be still alive in venturing my life journey in this Beautiful and Challenging World that ALLAH has created for us to leave, I did not realize that such  experimental venture  which I experienced was actually  "similar and has the same character as Freelance Independent Business Lawyer"  where I can apply Flexi Hours and Flexi Time in performing my enjoyable Profession as an Independent Business Lawyer;  

• This started when I quit as an an In-House Legal  Counsel from PT Freeport Indonesia Company, a Copper and Gold Mining Company operating its Mining Operation in Indonesia,  after working as In-House Legal Counsel  in PT Freeport Indonesia for 5 Years (from 1993 until 1998). Of course there was a reason which triggered me to quit from this Mining Company, when my Former Boss who left Indonesia, went back to the United States,  but still held a weekly meeting with the Legal Department and Tax Department of PT Freeport Indonesia, whereby such teleconference was ceased and stopped  by another guy who was assigned in Jakarta to replace my Former Boss. 

This New Guy from the field  replaced my Former Boss and had instantly changed the program which was already made by my former Boss, where no more weekly Meeting will be held through teleconference between my Former Boss and the Legal Department and Tax Department, and will be replaced by this New Boss.

• Apart from that, my Carrier path program which was established and agreed by my Former Boss and myself was also being changed for which really upset me and  I directly told this New Boss that I am really  wasting my time and requested  to be compensated by owning a certain House which was under a House Loan Program plus a certain amount of money compensation; This House was actually rented by me to a certain Filipino Expatriate when this matter emerge, since thanks to ALLAH, I had already another house in Cipete which is the Southern Part of Jakarta, which me and my family already owned and  stayed; 

Luckily, thanks to ALLAH that  a portion of my claim was agreed including getting this House to be legally owned by me (which for 5 Years the Principal payment was paid by the house lease  amount and the interest was paid by a Certain Bank who has a Cooperation Agreement with PT Freeport Indonesia relating to this House Loan Program for the employees of PT Freeport Indonesia). There were no any outstanding payment of the House Loan that I had  to repay to PT FI, which for me this was  really a "Blessing in Disguise", since there is always 2 (two) sides out of a "Coin".  

Thanks to ALLAH that this House was  used by me as the Safety Net and starting Working capital for me in practicing my new Exiting Venture as an Independent Business Lawyer. Lessons which I captured from my respective case appears to be that if you try to be honest there will be sort of a Blessing in Disguise which I felt  was really a great help from ALLAH to  me,  who loves to be "More Independent" in pursuing my further Experimental Venture in practicing my Law Profession as an Independent Business Lawyer. Of course there are the ups and downs in terms of Cash - In since you no longer have a guaranteed monthly payment for continuing your life. 

• But on the other hand  we do not have a Boss who frequently possessed the control of our live and can easily changed the carrier path program that had been established and planned,  which really can disturb your life expectation in a certain fragmentation of your life journey.
• If you are Self - Employed, your only Boss will be ALLAH who created  you in the first place, and of course our-self  who must manage our own cash-flow,  which is for sure uncertain from month to month in the running years, for which there is always the Advantage and Disadvantage of every life choices that you have pick,  among the many alternatives and option available in this life. 

But thanks to ALLAH the Merciful that, I have survived practicing my venture in the Law Profession as an Independence Business Lawyer for more than 17 Years coming to 18 Years since 1 June 1998;  Back again to the Freelance Lawyer - we may observe from the Website that there are several stories of experiencing as Freelance Lawyer  among others : Global Freelance Lawyer , 

This really comforts me  since as an Independent Business Lawyer, we no longer feel lonely in pursuing this profession which is more closer to the understanding of practicing as a Freelance - Independent Business Lawyer - which has the similar characteristic - in principal - More Flexible in terms of time and Place where you want to optimize your Professional Services for the best interest of your Client since you are Independent and have the freedom to perform the Professional Services that you are required to render to protect your Business Client Interest from the Legal Business  Aspects of  your Clients Business Venture and Operation.  

The Disadvantage being Freelancer : 

• There is no Guaranteed Fixed Monthly Income like if you are working in a Corporation
• There is no Insurance for which you have to cover and seek for your own Health Insurance
• There is no Pension for which your Pension is your accumulated Tangible Asset and Intangible Asset 

The Advantage being Freelancer : 

• We are our Own Boss - Self Employed- thus you have to control and master your Freelance Career- Your Real Boss is ALLAH - for believers and has faith in ALLAH and the Hereafter.
• Flexible Time and Flexible Place to perform your Professional Services
• You are not Stuck in a Cubical Wall 

Well, folks I thinks I have jot down the Theme of today's Article which is Freelancing  
 Jakarta, 4 March 2014
Agung Supomo Suleiman
Cheers.....

EXCITING ENJOYABLE BEING AN INDEPENDENT BUSINESS LAWYER

It is really interesting and exciting  to be self - employed as an Independent Business Lawyer  for more than 17 Years since 1 June 1998, whereby with the help and permit of ALLAH, Agung  has managed to survive practicing as an Independent Business Lawyer in Indonesia. Most of  his work experiencing during this period includes assisting Business Clients in Indonesia, from the Legal Aspects,   who  are striving to survive as business corporation in      Indonesia, which consists among others Oil and Gas, General Mining Companies and Hotels,  as well as having a cooperation relation  with Management Consultant, whose Clients /Customers  needs Management and Services  Consultant Provider to help manage in running their business operations in Indonesia.

• From his experience assisting Business Clients, we understand that the Management Consultant Services Provider,  are really trying hard with their best efforts  to assist Investors who needs back up funds as well as management and consultant services to start and operates their business ventures in Indonesia.  Since Agung is self-employed in the sense he is not employed by a Corporation but rather  striving to survive by providing business legal services to his  Clients, who agrees to enter into a certain Legal Services Agreement arrangements, with a reasonable fair legal fee within their budget, there will be an advantage and benefit  to the Clients who requires professional business legal support to protect and secure their business operations and interests;   

     The most exciting and enjoyble part of being an Independent Business Lawyer, is that, Agung can posses and maintain his freedomness  to elect his way of life in  performing professional legal services with more flexy time and flexy place, since  he is well equiped and supported by Lap Top and Computer with USB and Wifi in this digital Era; 

• By being Independent self employed as an Independent Business Lawyer, Agung can really focus in conducting his professional legal services  which  includes among others  drafting Legal

Opinion, Legal Advices and Reviewing and Drafting Business Legal Agreements and business transactions from Letter of Intent (LOI), Memorandum of Understanding (MOU), making Action Plan, Drafting Business Contracts to support  his Clients in documenting their business transactions to support and smoothen their business needs, ventures and operations in Indonesia from the Legal Aspects; 

• Sometimes smoothness of cash flows will be a real concern, for those who elects to be self-employed professional, as a way of developing your carrier; However, from his 17 Years of Self - Employed Experience  since 1 June 1998, he experienced that  if you really  focus on your goals  to be dedicated with your professional carrier, with the permit and help of ALLAH the All Mighty, and by constinuously, forcing yourself to listen and read the words of ALLAH in ALLAH's Book, where for us moslems, will be  the Holy Book of Al Quran -(you can listen to your Digital Al Quran),  there will  always be a way, from a  misterious direction,  which we did not formerly expect to be the source of cash in, which will solve  and fill in your cash flows,  from your day-to day, week to week, month to month, including year to year, life experience  journey, which actually and in fact can be felt by us that, the ultimate Source of Cash-in is from ALLAH the Merciful Graceful Creator of this Whole Entire Universe, who through ALLAH's  system had contacted  our Client's mind and heart to remember contacting the Writer of this Blog, as one of our Client's option to explore building relation particularly from the Legal Aspects involved  in our Clients business venture.
• Jakarta, 14 th October 2015
• Agung S.Suleiman        

SELF - EMPLOYED - NON CONVENTIONAL FLEXY TIME FLEXY PLACE

As a self-employed Independent Business Lawyer, the Writer of this Blog  have experienced  more than 17 Years since 1 of June 1998  by choosing  his professional carrier  practicing as an  Independent Business Lawyer with Non Conventional Flexy Time and Flexy Place  by  providing  Professional  Legal Services to Business CLIENTS who are operating in  Indonesia.

• After experiencing working as Legal Consultant for 5 Years in a reputable Law Firm in Indonesia during  his  early legal practices  including 5 Years as In House Legal Counsel in several Foreign Companies operation in Indonesia i.e. Vico Indonesia (Huffco Indonesia) - producing Oil and Gas ( LNG),  2 Years as Partner in a Law Office and  5 Years  as In House Legal Counsel in PT Freeport Indonesia - Cooper and Gold Mining, the Writer of this Blog ends up  choosing a more Chalengging and Exciting Venture to become a Self Employed Non Conventional Independent Business Lawyer with Flexy Time and Flexy Place due to  his  obsession to become  an Independent Business Professional Lawyer, starting from 1st of June 1998; By electing this type of venturing he can fully focus  providing  Legal Services to Clients who requires Business Legal Services to cope with their Legal Aspects in running and operating their Business in Indonesia.

As a person who tends and prefer to choose to develop a more Quality  in Life, rather than just working like a machine  or robot from 9 Morning to 5 Afternoon, in a cubical Room, the Writer of this Blog has performed  his life experience to be more meaningful and Independent when he reached the age of 46 becoming 47 Years old which was back in 1 June 1998, when Indonesia was hit by the First Financial Economic Crisis. This  manner in  running his carrier as professional, was emerged  by just "following his heart" to be more Independent and professional  to enable  maximising his professional Independent Business Lawyer. 

• For sure it is not easy,  for which  the Writer of this Blog experienced the ups and downs in terms of Cash Flow, as well as exploring the  excitement of  a  life journey by learning from  the hard way to be self-employed  and quit from the Conventional Organization to enable exploring his inner wants and needs as a human being who chooses to have a more meaningful quality of life as a professional Independent  Business Lawyer. As you may notice Independent Business Lawyer are also being practiced by Independent Business Lawyer outside of Indonesia as you can see in this Website: Association of Independent Business Lawyer.

The benefit and advantage for Clients are that they will receive Professional Legal Servives from a  Qualified Experienced Independent Business Lawyer who had extensive experienced assisting Clients for their Legal Aspects in running their Business in Indonesia, in a proper and efficient manner,  with a more fair Legal Fee within their Budget.

• Well,  having said the above,  at the present moment it is already the month of October 2015, where  the Writer of  this Blog, with the permit and help of ALLAH has managed to survive for more than  17 Years since 1 June 1998,  being an Independent Business Lawyer and is really enjoying his life particularly  upon  his elected  choosen venture to gain a more better Quality of Life. Nobody is perfect in this life, but daring to choose  a more independent  manner in running our life journey to gain  more  "meaningful Quality of Life  is quite an exciting life experience which was ventured by the Writer of this Blog.

Cheers,

Jakarta, 29th - 30th October 2015

Agung S.Suleiman

Independent Business Lawyer                        

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

During the recent 2014 Indonesian President/Vice President Debate, several hot General Mining Issues concerning Divestment and Renegotiation of Contract Of Works of General Mining emerged  including the Divestment of 51% of PT Freeport Indonesia Company emerged, where it strongly indicates that the Candidates was questioning whether the President / Vice President Candidates are really going to investigate the issues as to why was the Divestment Clause under the Contract of Work of PT Freeport Indonesia which obligates Divestment of the  51% of the total shares issued by PT Freeport Indonesia Company had not been implemented and executed. 

• As we all know the Contract of Work of PT Freeport Indonesia which was signed by   the Government of Indonesia and PT Freeport Indonesia Company on 30 Desember 1991 (Fifth Generation of COW) which was the renewal of the Contract of Work between Freeport Indonesia Incorporated    and the Government of Indonesia Based on the Decision of the Cabinet Presidium No.82/EK/KEP/4/1967 of 7 April 1967 (First Generation COW).       Based on Article 26 of the Viena Convention - Pacta sunt Servanta it is stipulated that Every Treaty in force is binding upon the parties to it and must be performed by them in good faith. Based on this Article 26 of the Viena Convention of 1969 and pursuant to Article 24 paragraph 2 b Concerning Promotion of National Interest of the Contract of Work of PT Freeport Indonesia dated 30 Desember 1991 it is stipulated that : .

• ......the Company is required to sell or caused to be sold in public offerings on the Jakarta Stock Exchange, or otherwise to Indonesian Nationals, sufficient shares to equal a total of 51% of the issued shares capital of the Company not later than the twentieth anniversary of the date of the signing of this Agreement (the Contract of Work) to the extent requested by the Government of Indonesia to meet the requirements of then existing laws and regulations and to the extent the financial market conditions in Indonesia at the time permit the shares to be sold in an orederly market at a fair price. 

( Note in the Definition under the COW Article 1 item 4  :Company means PT Freeport Indonesia Company, the corporate successor to FII, any approved Corporate successor:and when used in reference to expenditure nade or other action taken under the Prior Contract or the SIPP also means FII ) 


Based on the above International and Indonesian Legal Grounds, the Indonesia President/Vice President Candidate was raising  the issues that investigation must be conducted why was the 51%  Divestment Obligation which must actually takes place one the 20th Anniversary of the Signing of PT Freeport COW dated 30 December 1991 which means on 30 December 2011 ( which is 20 Years after 30 December 1991)  does not occur. Pursuant to Paragraph 2 of Article 24 of the PT Freeport COW  Indonesian Nationals means an Indonesian Citizen, an Indonesian legal entity controlled by Indonesian Citizens, or the Government of the Republic of Indonesia.

• During such 2014 Indonesian President/Vice President Candidate Debate, besides The Contract Of Work of PT Freeport, it was also  questioned about Newmont ' s COW.  We understand that  based on Presidential Regulation No.20 Year 1994, the Divestment  of Foreign Investments  in a general business  was  merely 5% for the Local Indonesian  National Investors and Foreign Investars can remain 95%; However this Presidential Regulation  No.20/1994 was more lower level  than  PT Freeport's COW which ranked higher since such COW signed by the Government of the Republic of Indonesia was also been consulted with the DPR (People's House Representative). Thus, the Legal Binding of  the 51% Divestment obligation under Article 24 of  PT Freeport's COW must be binding and must be performed  by the Parties of the PT Freeport COW  pursuant to Article 26 of the Viena Convention.
  

The above issues were really  hot issues raised  in the 2014 Indonesian President/Vice President Candidate Debate including also the Renegotiating of PT Freeport COW and others COW which was challenged by such 2014 Indonesia President/Vice President  Candidates Debate shown in the Broadcaeted Indonesian Private Television TV One/ Metro TV as well as Berita Satu TV, where pursuant to Article 62 Viena Convention concerning Fundamental change of Circumstances, a Party may request for Renegotiation Long term Contracts Mining if such Fundamental change of circumstances occurs.  In a Desertation  - Renegotiation of Mining Contract in Congo  made by Lukanda Kapwadi  it  shows  that such Article 26 of Viena Conventions as well as the practice of US Law recognizes the regoniatibility of long term contracts for which there exist Yurisprudence of Renegotiation of Long term Mining Contracts in Congo, where Indonesia for sure can learned from such Yurisprudence Renegotiation of Mining Long Term Contracts.

• Whereas concerning 51% Divestment Obligation under Article 24 paragrap 2 b of the PT Freeport COW is more of binding to the  Parties and  must be performed by PT Freeport Indonesia as well as Freeport McMoran Cooper & Gold and by the Government of Indonesia to be implemented 20 Years after the signing Date of PT Freeport COW dated 30 December 1991 which shall be on the 30 December 2011 pursuant to Article 26 Pacta Sun Servanta of the Viena Convention Year 1969. . 

Jakarta, 6 July 2014

Agung Supomo Suleiman

ARE YOU SEEKING INDONESIAN OIL GAS MINING LAWYER ?

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

We are eager to assist you  in taping the legal aspects of the oil and gas and general mining business  operations in Indonesia.  If you happen to be venturing business in Indonesia you can easily contact him through his email agungsuleiman@gmail.com or his Hand Phone : 081683067. If you are a Law Firm or Lawyer outside of Indonesia and  are eager to search for a Business Lawyer Correspondence in Indonesia, you may just contact Agung where he will be very happy to assist and develop a mutual  beneficial relationship with you.  

• Indonesia is an open country for foreign Investors who are interested to seek business ventures and opportunities in Indonesia. The Indonesians are eager to enter into a mutual beneficial business cooperation with Foreign Investors who are interested to develop its business in Indonesia on a mutual understanding of cross culture between different backgrounds. We still need to learn more from the more advance countries how they can develop and grow to become more aware of the business skills and opportunities in several different area of expertise.                 

  In the Oil and Gas Industries as well as the General Mining Ventures in Indonesia, you may need to understand the back ground philosophy of how the most common Indonesian People are expecting to increase their life quality and standards from the revenue originating from the Natural Resources of Oil and Gas as well  the Hard Minerals founded and located in Indonesia. Beside Oil and Gas Exporters, Indonesia is now a Net Importer of Oil for its domestic use and consumption. Thus, the Government purchase the Product of  Oil  from Sellers outside  of Indonesia based on the market price and sell it to Pertamina as the State Owned Company to be sold to the people in Indonesia on a lower price by subsidizing the difference.

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

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

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

Cheers

Agung S.Suleiman 

Jakarta, 4 April 2014 

HOW TO BE A BUSINESS LAWYER

This question is really challenging for professional who are eager to be a Professional Business Lawyer. In my self experience, I can capture the essence of being a Business Lawyer by opening my own shop in the Business Lawyer practice as a self employed Business Lawyer in the sense that we really experienced ourselves becoming a self employed Business Lawyer in the sense of having no fixed income for more than 16 years since 1 of June 1998.

• It is quite an experience where there are no schools teaching us  how to be self - employed,  but to experienced yourself  by becoming someone who dare or is forced by a certain X factor to  jump from a certain fixed situation to become uncertain in terms of your cash flows income.  Your are more independent and flexible in terms of your time schedule, but as a consequence you do not have a certain fixed monthly income as you may enjoyed during your time when we are in the status of an employee have a fixed-monthly income. 

However, there are more wide opportunities that you can venture during your free unemployed status because once your are near the edge of not having enough sufficient cash flows, you are forced to seek and get out of your dreaming venture to face reality that you have to seek Clients or customers who are in need of your legal business expertise so that in return of  rendering your business legal services to your Client,  you are than  being paid an agreed certain legal fees for the legal business services that you have rendered to your Clients.

• Thus, there is no other alternative and option than to emerge and pulled out your ability to seek and search Clients through your business networks to be able to generate legal fee revenue. But the Legal Fees are actually a By-Product, where we firstly have to seek Clients through our business networks  and provide them with our professional legal business services in a perfect, professional, timely, efficient way to meet our Clients high expectation in receiving our legal business support services to protect our Clients Business Interests, investment, and business operations in achieving their business targets and goals.   

There is no instant short cut results, but it needs courage, tough decisions, down to earth solutions to help your  Clients needs in achieving their business goals and targets, business plans in their ventures in Indonesia. You have to really learn from your falls and ups, smart learning process, and also by admitting your weakness so that you must learn, listen and observe from others who succeed and are able to  rise up after their falls and never give up to pursue your missions, visions  in actualizing your potential inner strength to contribute value added to your business society and community. 

• You must established a certain character to differentiate your unique professional capability and maintain your business networks and links to expand and penetrate the market in exposing your professional capability  as a Business Lawyer. Before you can convince others you must firstly identify who your really are and what are your wants, needs, visions, goals, dreams, and down to earth reality facts that you can be an added value to your closest business society and community.  

So, we have to increase our awareness to become more smarter and learn from our mistakes, to overcome our own obstacles which had blocked our potential capability to develop and increase our self confidence and self esteem. Well, having said the above, this article is actually to strengthen my self to be more aware and conscious of what do we actually want to do to contribute benefits to others.

Jakarta, November 1, 2013 revised 24 June 1014

Agung S.Suleiman