A solution for foreign lawyers<\/p>\n
By T. Mulya Lubis<\/p>\n
JAKARTA (JP): A number of Indonesian legal experts have lodged
\nstrong protests against foreign lawyers working in Indonesia.
\nThey maintain some foreign lawyers have been practicing in
\nIndonesia without permits from the Ministry of Justice.<\/p>\n
The authorities are now looking into the matter.<\/p>\n
However, it is not clear yet whether they have been working as
\nmanagement or investment consultants.<\/p>\n
It is not uncommon here to see prominent law firms located
\nnext to limited liability companies where a number of foreign
\nlawyers work as management or investment consultants. Their work
\nis certainly related to the law.<\/p>\n
It is no coincidence that the limited liability companies are
\nowned, directly or otherwise, by well-known international law
\nfirms abroad. Hence, the names of the limited liability companies
\nare always connected with the names of the international law
\nfirms, or at least their acronyms. This is well known especially
\namong the business community and legal experts.<\/p>\n
The controversy about foreign lawyers is not new. It has been
\nthe subject of many a heated debate among lawyers. However, in
\ngeneral, Indonesian legal experts do not reject the presence of
\nforeign lawyers.<\/p>\n
In this information age, foreign lawyers can always operate
\nfrom abroad through the Internet. Our airport gates are wide open
\nand foreign businessmen accompanied by their lawyers can always
\noperate from a hotel for one or two weeks.<\/p>\n
A categorical rejection of foreign lawyers is clearly
\nunrealistic because Indonesia does not live in isolation. Foreign
\nlawyers even operate in Myanmar, a highly isolated country while
\nChina, formerly strongly opposed to foreign lawyers, now allows
\nforeign law firms to open offices in the country.<\/p>\n
Therefore Indonesia too cannot close its doors to the foreign
\ninflux. Indonesian legal experts must prepare themselves to
\ncompete with foreign lawyers. They cannot remain spoiled by
\nhaving the business field to themselves. Furthermore, Indonesian
\nlegal experts must start going international, operating abroad.<\/p>\n
The Indonesian government understands the importance of
\nforeign lawyers because their presence is related to foreign
\ninvestment. The government itself often uses the services of
\nforeign lawyers. Hence the Ministry of Justice has no intention
\nof closing the doors to foreign lawyers.<\/p>\n
Indeed, ministry decree M01HT0402 issued last year allows
\nforeign lawyers to work in Indonesia under the condition that
\nthey associate themselves with Indonesian law firms but not by
\nestablishing a limited liability company and acquiring a permit
\nfor management consultants from another ministry.<\/p>\n
Nor should they operate here through, say, a technical
\nassistance agreement which is long-term in nature. This \"law
\nsmuggling\" is not only improper but contemptuous toward
\nIndonesian law experts and law firms.<\/p>\n
The time has come for foreign lawyers to toe the line over the
\njustice ministry decree and to show respect for Indonesian legal
\nexperts.<\/p>\n
Many of our law firms have offered cooperation with foreign
\ncounterparts because each side can mutually promote performance
\nand technology transfer. The opportunities for legal work are
\ngreat and will not decrease despite the economic crisis.<\/p>\n
However, honest self-criticism is needed because foreign
\nlawyers should be aware that in their countries foreign lawyers
\nwould not be allowed to operate without subjecting themselves to
\nthe local regulations.<\/p>\n
In the United States, for instance, foreign lawyers are
\nrequired to take an examination organized by the local bar
\nassociation.<\/p>\n
In Indonesia there is no bar examination for foreign lawyers,
\nbut they are meant to obtain a permit from the Ministry of
\nJustice. Thus, if Indonesian lawyers practicing in the U.S. must
\nmeet the requirement of passing the bar examination, U.S. lawyers
\noperating here should have a permit from the Ministry of Justice.
\nReciprocity is a standard principle in international law that
\nmust be respected by all.<\/p>\n
The controversy over foreign lawyers must be promptly
\naddressed by the professional legal associations in Indonesia,
\nthe Indonesian Legal Consultants Association including those
\noperating in the capital market and the patent consultants
\nassociation.<\/p>\n
The issue of foreign lawyers is a professional matter, not a
\nmatter concerning one law firm or one individual lawyer. We must
\nput the issue in the right context, and a thorough dialog is
\nneeded to find a way out of the controversy.<\/p>\n
The professional associations and the Ministry of Justice
\nshould take the initiative to organize the dialog. On the other
\nhand, foreign lawyers should take a wise and humble stance.<\/p>\n
There is always a way out for lawyers. Isn't the art of
\nlawyering the art of finding a way out?<\/p>\n
The writer is a corporate lawyer based in Jakarta.<\/p>\n
Window: The controversy about foreign lawyers is not new. It has
\nbeen the subject of many a heated debate among lawyers. However,
\nin general, Indonesian legal experts do not reject the presence
\nof foreign lawyers.<\/p>",
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"sponsor": "Okusi Associates",
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