Foreign Advocates: Employment Procedures and Future Challenges

OVERVIEW

In the midst of globalization, with the inevitable free flow of skilled labor and services, many stakeholders in Indonesian legal service sector prefer to maintain the restrictive legal framework on foreign advocates, because they are generally seen as a competition for local advocates. It seems that Indonesia is reluctant to expand this framework and grant additional advantages and privileges to foreign advocates.[1]

Indonesia’s reluctance can be seen in Law No. 18 of 2003 on Advocate (“Adocate Law”)and  Minister of Law and Human Rights Decree No. M.11-HT.04.02 of 2004 on Requirements and Procedures to Employ Foreign Advocates and Obligations to Provide Free Legal Services to Legal Education and Research (“Foreign Advocates Decree”). The main concern is that foreign lawyers are prohibited from appearing before an Indonesian court.