Only one category of lawyer is recognised in Indonesia, that is, the advocate (advokat), a term which is used in relation to all types of lawyers who provide professional legal services either in or out of court. This includes advocates, practising lawyers (public and private), in-house lawyers, legal counsel and legal consultants (Article 1(1), Law No. 18 of 2003 on Advocates (Advocates Law)).

Subject to the Indonesian Advocates Code of Ethics and laws, the lawyer’s rights and duties include but are not limited to the:

(Articles 14-19, Advocates Law).

To qualify as an advocate, a person with a Bachelor's degree obtained from law faculties of universities, sharia faculties, military law colleges and police academies (Article 2(1), Advocates Law) must complete the legal professional course known as the Special Education for Advocates (Pendidika Khusus Profesi Advokat) (PKPA). The PKPA is run by an advocates association (similar to a bar association).

After completing the PKPA, passing the bar exam and obtaining the licence, a licensed advocate can take a further specific professional education, such as Special Education for Capital Market Consultant (Pendidikan Profesi Konsultan Hukum Pasar Modal) and Certified Intellectual Property Rights Consultant Training (Pelatihan Konsultan Hak Kekayaan Intelektual).

Completion of such specialist courses is necessary to be appointed as a licensed legal consultant for a specific field. The courses usually last for two to three months, depending on the requirements set by the relevant body.

To acquire a licence to practise as an advocate, an applicant must be:

In addition they must:

(Article 3, Advocates Law.)

The above is the only way to obtain a practising certificate. There is also no specific relaxation for in-house lawyers who are subject to the same requirements as private practice lawyers as far as obtaining a practising licence is concerned.

Non-Indonesian lawyers are not able to acquire a licence to practise as an advocate as they are non-Indonesian nationals. However, non-Indonesian lawyers can obtain a work permit as a "non-Indonesian legal consultant" as determined by the Ministry of Law and Human Rights Regulation No. 26 of 2017 on Requirements and Procedures to Employ Foreign Advocates and Obligations for the Provision of Pro-Bono Services to the Legal Education and Research Sector (MoLHR Regulation 26/2017). This work permit is renewable on an annual basis and requires the non-Indonesian lawyer to fulfil certain requirements (see Question 12).

The relevant advocates association sets the requirements for renewal of an advocate's licence. The Indonesian Advocates Association (Perhimpunan Advokat Indonesia (PERADI)) requires advocates to renew their licences every three years (see Question 13 and Question 13).

While advocates must in principle continually improve their knowledge, completion of continuing legal education is not a requirement for the renewal of an advocate’s licence at PERADI.

Licensed advocates can practise in the territory of the Republic of Indonesia without restriction (Article 5(2), Advocates Law).

Further, advocates can state opinions or statements in defending a case for which they are responsible in court proceedings by adhering to the advocates' code of ethics as well as to relevant laws and regulations (Article 14, Advocates Law).

Advocates cannot hold any other position that may conflict with the interest of their duties or the dignity of their profession (Article 20(1), Advocates Law).

The following contain mandatory codes of conduct for advocates in Indonesia:

The key laws governing the legal profession in Indonesia are the:

Any licensed advocate has the right to conduct litigation in all types of courts in Indonesia (except the tax and military courts) on behalf of their clients by adhering to the laws and regulations, as well as the advocates code of ethics (Article 14, Advocates Law).

Advocates are authorised to conduct proceedings in court, including to issue opinions or statements in defending cases for which they are responsible, while adhering to their professional code of ethics and laws and regulations. They have the right to not be prosecuted for carrying out their professional duties in good faith for the benefit of their clients' defence inside or outside of court.

In carrying out their duties, advocates are prohibited from differentiating treatment against clients based on gender, religion, politics, descent, race or social and cultural background. They are bound by client confidentiality, unless otherwise stipulated by law (Articles 15 to 19, Advocates Law).

Qualified advocates are entitled to exercise rights of audience before all courts (public courts, religious courts, administrative courts, the Constitutional Court and the Supreme Court) except for the tax and military courts. Legal assistance provided by an aid agency within the armed forces is prioritised (Article 215, Law No. 31 of 1997 concerning Military Court (Military Court Law)).

Law firms can only be established in the form of a civil partnership (maatschap) or a firm (firma). Both civil partnerships and firms must be established by at least two persons by signing an authentic (notarial) deed and registering it with the Ministry of Law and Human Rights. A civil partnership is regulated under the Indonesian Civil Code, while a firm is regulated under the Indonesian Commercial Code.

MDP structures are not regulated in Indonesia. However, as law firms can only be organised as a partnership or firm, it could be argued that there is no express prohibition of the MDP under prevailing law, as long as the professionals providing multi-disciplinary services are organised as a partnership or a firm.

Alternative legal service providers are not common in Indonesia. There are, however, legal aid institutions and centres that provide pro bono services to the public. Legal aid institutions cannot ask for, or negotiate fees with, people who seek free legal aid and are not financially capable of engaging advocates (Article 2, GR 83/2008).

There are no laws restricting self-employed lawyers from providing legal services, provided that they are qualified and have obtained a licence to practise as a lawyer according to the prevailing laws and regulations, particularly the provisions set out in the Advocates Law.

Restrictions apply to non-Indonesian lawyers or non-Indonesian law firms practising in Indonesia. Non-Indonesian law firms or non-Indonesian lawyers cannot establish offices in Indonesia. However, non-Indonesian lawyers can practise in Indonesia to the extent they do not provide Indonesian law advice and provided they meet the requirements set out below.

Indonesian law firms that intend to employ non-Indonesian lawyers must submit an application for approval to the Minister of Law and Human Rights (Article 4, MLHR Regulation 26/2017). The applicant must submit an application form along with the following documents:

(Article 5, MLHR Regulation 26/2017.)

To obtain a work permit in Indonesia, the non-Indonesian lawyer must obtain a recommendation from a local advocates' association, for example PERADI, which requires them to pay for and pass the qualifying test and the ethics examination.

They must also submit the following documents:

Non-Indonesian lawyers are required to provide free legal services for the education sector, legal research or government institutes in Indonesia. They are also required to complete at least 100 hours of free legal services per year, failing which may result in the MLHR's refusal to extend their work permit.

The ratio of non-Indonesian lawyers to Indonesian advocates cannot exceed 1:4 at a law firm, with a maximum of five non-Indonesian lawyers at any firm (Article 3, MLHR Regulation 26/2017). Law firms must submit a written report to the Director General of the General Law Administration every six months, showing the non-Indonesian lawyer's contribution to:

(Article 18, MLHR Regulation 26/2017.)

A practising non-Indonesian lawyer in Indonesia is known as a "foreign legal consultant" (Konsultan Hukum Asing).

There is no concept of "temporary legal services" in the Indonesian legal sector. Non-Indonesians (including non-Indonesian lawyers) can travel to Indonesia for business meetings, with no specific restriction on providing non-Indonesian law legal advice.

However, non-Indonesian lawyers and non-Indonesian law firms are restricted from establishing their own commercial presence in Indonesia and representing clients in Indonesian courts.

Registration is submitted by the employer to the MLHR. However, a recommendation from Indonesian bar association is also required (see Question 12).

To obtain a work permit in Indonesia, a non-Indonesian lawyer must obtain a recommendation from Indonesian bar association. (see Question 12).

The requirement of higher legal education background (see Question 2) also applies to non-Indonesian lawyers, certified by a duplicate copy of the diploma certificate. In addition to legal education, to obtain a recommendation from Indonesian bar association, a non-Indonesian lawyer is required to pass a qualifying test as well as an ethics examination.

The national regulator of the legal profession is the Honorary Council of Indonesian Advocates (Dewan Kehormatan Bersama Advokat Indonesia). The Honorary Council of the advocates association oversees enforcement of the Advocates Code of Ethics. The council has both advisory and disciplinary functions, for example, it can issue warnings to advocates or revoke their licences temporarily or permanently.

Each advocates' association must maintain a list of licensed advocates registered with them (Article 29(2) Advocates Law). The register can be accessed at the office of the Supreme Court, the Ministry of Law and Human Rights and/or the relevant advocates association.

An advocate must be a member of a recognised advocates' association to obtain a licence to practise in Indonesia (Article 2(2), Advocates Law). While there are over 300 existing advocates' associations in Indonesia, the Constitutional Court stated in its Decision No. 35/PUU-XVI/2018 that PERADI is the only advocates' association granted the eight responsibilities by the Advocates Law. This decision confirms PERADI as the single bar for advocates in Indonesia.

The eight responsibilities, based on the Advocates Law are:

The Constitutional Court does not prohibit the existence of other advocates' association, for the purpose of guaranteeing freedom of association and assembly, which are the constitutional rights of citizens. However, unlike PERADI, none of the other advocates' associations hold the eight responsibilities granted by the Advocates Law. Some of these associations have produced their own code of ethics, however they are to be used only for internal purposes of their association and all advocates must still abide by the Advocate Code of Ethics produced by PERADI.

The authors are unaware of any independent disciplinary tribunal apart from the disciplinary tribunals maintained by each of the recognised advocates' associations (see Question 13).

Professional indemnity insurance is available in Indonesia, however, it is not mandatory for practising advocates or law firms in Indonesia.

As a general rule, an advocate must withdraw from dealing with issues between two or more clients where there is a conflict of interest between them (Article 4(j), Advocates Code of Ethics).

When a conflict arises, an advocate must completely withdraw from handling the case (Article 4(j), Advocates Code of Ethics).

An advocate must not act for either client if conflict arises (Article 4(j), Advocates Code of Ethics). However, the law is silent in relation to the situation where there is a conflict, but a client agrees to allow an advocate to represent or act for the other party in the case.

Complaints about an advocate's professional conduct can be submitted to the relevant Honorary Council of the advocates' association of which the lawyer is a member (Article 12, Advocates Code of Ethics).

A lawyer or law firm cannot generally hold a client's files, money or property without court approval or decision unless this is permitted by law or otherwise regulated in the engagement contract between the lawyer and client. If a lawyer (acting as a client's proxy under a power of attorney) has in their possession items that belong to the client, they have the right to retain such items in the event of non-payment of fees ("retention right", Article 1812 Indonesian Civil Code)).

Client engagement communications typically take the form of a written engagement letter. To the best of our knowledge, there are no prescribed mandatory provisions that must be included in engagement letters (including separate provisions for contentious and non-contentious business) given that the minimum standard of provisions is already stipulated in the Advocates Law and Advocates Code of Ethics.

The advocate's obligations in relation to the client are to:

(Article 4, Advocates Code of Ethics.)

Advocates can refuse to give advice or legal assistance if this would conflict with their conscience or if the matter is not within their area of expertise. An advocate can also withdraw from a case that they are about to handle, or are currently handling, if a conflict with the client arises or if no agreement can be reached between the lawyer and client regarding the management of the case.

However, an advocate cannot cease to provide legal services if the termination of the retainer would put the client at a disadvantage (Article 4(i), Advocates Code of Ethics).

Typically clients have direct access to all advocates, however, this may be subject to the relevant law firm's policy regarding communications between advocates and clients. For example, a law firm can restrict junior lawyers (particularly those who have not obtained their advocates' licence) from providing advice directly to clients without a more senior lawyer or partner present.

Advocates must keep client matters confidential even after the advocate and client are no longer bound by the lawyer-client relationship (Article 19(1), Advocates Law; Article 4(h), Advocates Code of Ethics).

Lawyers can be exempted from the client confidentiality rules provided a legal exemption applies (Article 19(1), Advocates Law). In practice, the exception is implemented in suspected money-laundering cases when advocates are required to submit suspicious transaction reports to the Indonesian Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)) (Article 8 (1), Government Regulation No. 43 of 2015 on the Reporting Parties in Prevention and Eradication of Money Laundering (GR 43/2015)). This provision does not however apply to cases which are the subject of arbitration or other alternative dispute resolution method, or to advocates ensuring the legal position of the client, carrying out legal due diligence or legal audit of a company or the object of transaction in accordance with the purpose of the transaction.

In judicial proceedings, especially in criminal cases, a suspected person has the right to obtain legal assistance from their advocate without it being disclosed in court. Further, advocates have the right to a confidential relationship with their client, including the protection of the client's files and documents from seizure or inspection, and protection against unlawful interference with their electronic communications (Article 19(2), Advocates Law).

As an advocate can be a private practice lawyer or an in-house lawyer, legal professional privilege protection applies to both (see Question 1 and Question 2).

There is no tariff system for fees. The fee is determined and agreed by and between the advocate and the client based on risk, time, ability and the complexity of the matter (Article 21(2), Advocates Law). In addition, the Advocates Code of Ethics states that in determining the fees, advocates must consider the financial ability of the client (Article 4(d), Advocates Code of Ethics).

A lump sum fee is commonly used for contentious and non-contentious business. There is no formal requirement for a fee agreement to be entered into under prevailing laws and regulations.

To the best of our knowledge, there is no specific law that regulates the holding of client funds in Indonesia by advocates.

An advocate must report any "suspicious financial transaction" (see below) to the PPATK in the interest, or on behalf, of the client, where it relates to the:

(Article 8, GR 43/2015.)

An advocate is exempted from making a report on a transaction, where the advocate is acting for the interest or on behalf of the client:

(Article 8(2), GR 43/2015.)

A "suspicious financial transaction" means a financial transaction which:

In addition, the following anti-money laundering provisions which are criminal offences may affect the legal profession:

Under Law No. 30 of 2004 as amended by Law No. 2 of 2014 on Notarial Duties (Notarial Duties Law), a notary has the authority to draw up authentic deeds regarding all actions, agreements, and provisions as required by laws and regulations and/or as desired by the interested party to be stated in the authentic deeds. Shares acquisition, real estate purchases or leases, or company establishment are examples of matters that require notarial assistance.

Notary fees are neither a fixed monetary figure nor a fixed percentage of the transaction value. The law only stipulates the maximum fees.

The Notarial Duties Law provides as follows:

The value of the transaction determines the amount of the fee in as follows:

The fee is determined on the basis of the "sociological value" of the deed, at the discretion of the individual notary. The sociological value is based on the type of object in or purpose of each deed (for example, deeds which have a social function are, among others, a deed of establishment of a foundation or place of worship. The fee for these is capped at IDR5 million.

(Article 36, Notarial Duties Law.)

Notaries cannot work in a law firm. Notaries are public officials who are authorised to legalise an authentic deed and other authorities based on the Notarial Duties Law and do not represent the interest of any particular party or client.

Notaries are supervised by the Notary Supervisor Council (Majelis Pengawas Notaris), a body under the supervision of the Ministry of Law and Human Rights, as regulated under the Minister of Law and Human Rights Regulation No. 15 of 2020 on Examination Procedures for the Notary Supervisory Council.