The need to adopt a limited liability partnership for the legal profession in the partnership law: A critical review from Indonesia’s perspective

Abstract

Traditionally, cooperation between people working within legal professions has taken the form of a partnership, under which each partner may be personally liable to third parties for any damages caused. There have been efforts to limit the liability of the partners in such a partnership. Several jurisdictions have adopted the Limited Liability Partnership (LLP) form, which is derived from the United States of America for legal professions. Other jurisdictions, such as the Netherlands and Indonesia, continue to use the civil form (or ordinary) partnership and the Maatschap. To date, there is a dearth of scholarship that comprehensively examines the concept of the LLP from the perspective of Indonesian Partnership Law. This article evaluates the idea of incorporating LLP as a new form in the Bill of Business Entities in Indonesia, which can be used for, amongst other matters, legal practice. The assessment offered may be useful for other civil law countries considering adopting the LLP-model. Currently, the ideal legal form for legal professions is being discussed in Indonesia. This paper argues that although it is necessary to revitalize the current regulations around the Indonesian Maatschap, it is not crucial to adopt LLP as a new form of business organization.

Keywords

• business legal form
• limited liability partnership
• partnership law
• llp
• maatschap