APEC economy: Indonesia; Jurisdiction: Indonesia
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is:
- Law No 18 of 2003 concerning advocates;
- Decree No M11-HT.04.02 of 2004 concerning the requirements and procedures of employing foreign lawyers and the obligations of contributing free legal service to legal education and research;
- Law No 9 of 1992 concerning immigration;
- the Ministry of Manpower and Trans Migration Ministerial Regulation PER.02/MEN/III/2008 concerning procedures for employing foreign employees.
Indonesia allows foreign lawyers to provide legal services through sponsorship of local law firms, but limited to work as an expert in foreign/international law. After obtaining Indonesia Bar Association recommendation, the licence of a foreign lawyer will be processed by the firm through the Ministry of Manpower and Transmigration and Directorate-General of Immigration. In order to obtain the licence, a foreign lawyer should submit the following documents:
- a copy of their undergraduate or post graduate degree;
- a letter of statement from the Bar Association verifying his or her status as an active lawyer; and
- be a member of the Bar Association of his or her country of origin.
A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction. The relevant impediment is Law No 18 of 2003 (concerning advocates). This law provides that:
- an advocate must be an Indonesian citizen, Indonesian resident, has law degree education, joined special education and passed examination carried out by Indonesia Bar Association and joined on-the-job training for a minimum of two years at a law firm;
- the foreign lawyer may only join a local firm as an employee subject to government licence based on a recommendation by the Indonesia Bar Association and may not enter into partnership with or employ other lawyers.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may not be employed by another local lawyer of a local firm;
- local lawyers may not be employed by a foreign lawyer or foreign firm;
- foreign lawyers may not provide services in some other form of commercial association with local lawyers;
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- there are no specific rules in relation to advertising;
- there are no specific rules in relation to use of names by lawyers or law firms.
Foreign lawyers and firms are treated differently from local lawyers in the application of the regulatory framework in that a foreign lawyer is not allowed to appear in court, undertake legal proceedings and/or establish law firms or representative office in Indonesia; and may only join a local firm as an employee subject to government licence based on Indonesia Bar Association recommendation and may not enter into partnership with or employ local lawyers.
|Category||Name||Website or other contact details|
|Organisation(s) that controls licensing of lawyers||Perhimpunan Advokat Indonesia (Peradi)||www.peradi.or.id|
|Peak professional association representing the legal profession||Perhimpunan Advokat Indonesia (Peradi)||www.peradi.or.id|