The privilege only applies to the advocate and does not extend to other parties, including the client. Therefore, attorney-client communications held by the client are not protected.

Attorney-client privilege only applies to information and documents known to advocates or obtained by them from their clients or obtained in the course of the representation of their clients because of the professional relationship between them. The Advocate Law defines an advocate as a registered Indonesian advocate who is an independent professional serving their clients for certain payments agreed with the clients (or without payments in the case of pro bono matters) and defines a client as a party who receives services from the advocate.

Accordingly, an in-house counsel (regardless of whether or not they hold an advocate license) would not enjoy the attorney-client privilege protection provided by the Advocate Law.

As in-house counsel (regardless of whether or not they hold an advocate license) are not considered to have an attorney-client relationship with the company by whom they are employed, the attorney-client privilege does not extend to their internal communications.

Foreign lawyers who are: (i) registered as lawyers in their original countries; (ii) registered at the office of the Ministry of Law and Human Rights; and (iii) working at a registered Indonesian law firm, must comply with the terms of the Advocate Code of Ethics and generally, Indonesian law (which includes the Advocate Law).

As a result, attorney-client privilege rules are also applicable to foreign lawyers who operate in Indonesia and meet the above requirements.

Privilege is applicable to advocates only. There is no law which provides for privilege in respect of other professions (e.g., accountants or tax consultants).