Foreign lawyers' illegal practice?<\/p>\n
Police questioned recently a number of expatriates who
\nallegedly practice as counsels\/lawyers through a limited
\nliability company (PT).<\/p>\n
This investigation should be praised and receive support from
\nall Indonesian lawyers. Why? First, foreign lawyers practicing
\nhere is not in accordance with a reciprocity principle, which
\ncommonly applies in international law, and, in turn, results in
\nunfair treatment to Indonesian lawyers. Unfairness is the main
\nissue of this matter, since Indonesian lawyers cannot practice
\nlaw in foreign countries unless they have met very strict
\nrequirements.<\/p>\n
On the other hand, foreign lawyers are easily discharging
\nlegal services on Indonesian law in Indonesia. Is this the
\nmeaning of an open market in the globalization era, as promoted
\nby developed countries?<\/p>\n
Second, expatriates who use a PT as their business vehicle are
\nobviously violating their work permits. Arguments that they only
\nrender advisory services in management, investment and business
\nopportunity are questionable.<\/p>\n
For instance, in Business Times, May 17, 1996, an
\nadvertisement of a law firm with the initials MLB declared that
\nit had an office in Jakarta called PT MLB Indonesia. Furthermore,
\nin business transactions in Jakarta, we can easily find much
\npaperwork on Indonesian laws prepared by foreign lawyers under
\nthe name of a PT. This is clear evidence of the existence of
\nforeign lawyers practicing Indonesian law.<\/p>\n
Third, in terms of figures, it would be too naive to say that
\nthe number of foreign lawyers in Indonesia is small, without
\nconsidering the possibility that they might use high-tech
\nequipment such as facsimile, e-mail or tele-video conference, by
\nwhich one foreign lawyer is actually supported by a group of his
\ncolleagues overseas. What is the result? Hugh amounts of money
\nwill flow overseas, and this will swallow Indonesia's foreign
\nexchange and, perhaps, will also lessen the income tax of a
\ncountry which is currently suffering economic turmoil.<\/p>\n
We have noted from headlines in many Indonesian newspapers how
\nother countries treat Indonesian illegal workers or Indonesians
\nwho misuse their work permits. It should be ironic that we are
\ntoo ignorant and do not realize that our laws are not being
\nhonored by foreigners who are earning money here.<\/p>\n
The authority's actions will be more fruitful if Indonesian
\nlawyers actively participate. What participation? Perhaps, these
\napproaches can be taken into consideration: First, Indonesian
\nlawyers should report to the authorities (and to organizations of
\nlegal practitioners) whenever they find expatriates who, under a
\nPT, render legal services in Indonesia. Second, every Indonesian
\nlawyer should refrain from dealing with expatriates who misuse
\ntheir work permits by acting as legal counsels.<\/p>\n
Indeed, achievement of such approaches needs cooperation among
\nand trust from all Indonesian lawyers.<\/p>\n
IRIANTO HELDY<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/foreign-lawyers-illegal-practice-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }