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Indonesia > Dispute resolution

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  1. Dispute resolution
  2. Leading Individuals

Leading Individuals

Frans Winarta & Partners’ varied experience includes anti-monopoly cases, civil and criminal litigation, and alternative dispute resolution, and is increasingly moving in to IP disputes. Frans Winarta is highly rated and well connected as the chairman of the Central Board of Indonesian Advocates Association.

Charles Ball and Chalid Heyder’s practice at Hiswara Bunjamin & Tandjung has ‘solid business acumen’. The team recently advised a major international investment bank in a multimillion-dollar tort action brought by a former client in the Indonesian courts. The practice also has good arbitration experience and recently represented a major Singaporean investment bank in the first BAPMI arbitration in Jakarta and concurrent civil and criminal cases.

At KarimSyah, Karen Mills has a strong track record on arbitration matters, and recently advised Pertamina in a major arbitration in Singapore. Firmansyah is recommended for litigation and is part of a team that has recently advised a number of companies in the aviation sector and has seen an increase in medical malpractice cases.

Litigation specialist Adnan Buyung Nasution & Partners has solid experience advising on the full range of disputes in the courts. The team recently defended former tax official Gayus Tambunan in a corruption case. Founding partner Adnan Buyung Nasution is an elder statesman in the Indonesian market and is known for his strong connections with government agencies.

Hadiputranto, Hadinoto & Partners recently advised Dow Chemical Pacific in a successful civil claim for $300,000 of outstanding debt from a former supplier. Timur Sukirno heads a practice that has good experience advising chemicals clients, and has seen an increase in arbitration cases for international clients. The team also successfully advised Sodexo Indonesia in an unlawful tort claim in the District Court of South Jakarta.

Lubis, Santosa & Maulana has experience advising corporates, individuals and government agencies. High-profile litigator and founding partner Todung Mulya Lubis was recently appointed by the Indonesian government to settle its dispute with 7Wonders Foundation regarding Indonesia’s Komodo National Park. Lelyana Santosa is also recommended.

Luhut M P Pangaribuan & Partnershas an excellent reputation’ and is best known for its work for executives and international companies. Veteran litigator Luhut Pangaribuan is recommended.

Soemadipradja & Taher recently advised Newmont subsidiaries in several local matters, including a contractual dispute with the government in the Jakarta courts. Other highlights included advising United Technologies Corporation in a number of claims arising from alleged product defects relating to an airline crash. Hafzan Taher is a ‘strong litigator’, and Nira Nazuridin is also recommended.

Eri Hertiawan heads a team at Assegaf Hamzah & Partners that has good experience advising corporates, particularly in competition matters. The team is also developing its local arbitration expertise.

Christian Teo Purwono & Partners advises existing corporate clients on their litigation matters. The team recently represented Star Reachers on a dispute regarding the production of an advert.

Fabian B Pascoal heads the practice at Hanafiah Ponggawa & Partners, and is assisted by Linna Simamorea. The team has experience advising Asian clients on the full range of corporate, bankruptcy and labour disputes.

Hutabarat Halim & Rekan recently advised Lippo Group and its Singaporean counsel on a Singaporean arbitration against Astro Group. The team has good experience advising international clients on local land disputes. Pheo M Hutabarat and Asido Panjaitan are the main contacts.

Lubis Ganie Surowidjojo advises clients in disputes arising from restructuring and bankruptcy proceedings. Timbul Thomas Lubis is recommended.

Mochtar Karuwin Komar has particular expertise in tax litigation and recently advised several international leasing companies in the suspension of payment proceedings of Mandala Airlines. The team also represented a major electronics company as plaintiff in a civil lawsuit.

Soewito Suhardiman Eddymurthy Kardono has good experience advising clients in the pharmaceuticals sector, and recently represented Roche Indonesia in a termination of a distribution agreement. The team also continued to advise McDonald’s on a Singaporean arbitration case. Darrell Johnson heads the team.

Ali Budiardjo, Nugroho, Reksodiputro leverages its strong banking and finance practice to advise existing clients at arbitration tribunals and in the civil courts.

Amir Syamsuddin of Amir Syamsuddin & Partners has excellent experience advising on criminal matters and has strong connections with government officials.

Budidjaja & Associates recently acted for a subsidiary of local mining company Aneka Tambung in arbitration proceedings in connection with a dispute resulting from a coal shipment. Other highlights included representing Samo Capital in a $2m loan dispute with a local businessman. Tony Budidjaja is the main contact.

Dyah Ersita & Partners is recommended for shipping disputes. Noor Meurling is rated.

Ignatius Andy Law Offices has experience acting in domestic and international arbitration matters.

Makarim & Taira S. advises existing clients on both criminal and civil cases. Practice head Rahayu Ningsih Hoed recently led a team that advised offshore pile-driving company Menck on the enforcement of an international arbitration award in Indonesia.

Law Offices of Remy & Partners has good experience acting in tax litigation matters. The practice recently represented Pertamina Persero in an arbitration matter against Trans Pacific Petrochemical related to a bankruptcy case.

Warens & Partners is experienced in banking litigation and arbitration.

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Legal Developments in Indonesia

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Establishment of an Evaluation Team for Contract of Work and Coal Contract of Work Adjustments

    Presidential Decree No. 3 of 2012 on the Contract of Work and Coal Contract of Work Adjustment Evaluation Team (" Decree ") has been issued on 10 January 2012 in order to establish a team that will evaluate the adjustment of Contracts of Work (CoW / Kontrak Karya ) and Coal Contacts of Work (CCoW / Perjanjian Karya Pengusahaan Pertambangan Batubara ) as required by Article 169(b) of Law No. 4 of 2009 on Mineral and Coal Mining (" Law "). The Evaluation Team will operate from 10 January 2012 until December 2013 (Part 7).        
  • OBLIGATION TO REPORT ON DRAWDOWNS OF FOREIGN LOANS IN FOREIGN CURRENCY

    On 30 September 2011, Bank Indonesia (“BI”) issued BI Regulations concerning foreign exchange, i.e. BI Regulation No.13/20/PBI/2011 concerning Receipt of Export Proceeds in Foreign Currency and Drawdowns of Foreign Loans in Foreign Loans (“PBI 20/2011”) and BI Regulation No.13/22/PBI/2011 concerning Obligation to Report a Drawdowns of Foreign Loans in Foreign Currency (“PBI 22/2011”) both of which came into effect on 2 January 2012.
  • The Long Awaited Bill on Land Acquisition for Public Interest Development Has Finally Been Passed

    The Bill on Land Acquisition for Public Interest Development (" Bill ") has finally been passed by House of Representatives (DPR) on 16 December 2011, and will receive the number of a law upon Presidential signing, or at the latest within 30 days. The Bill is intended to assure that land can be acquired for the development of public interest projects while prioritizing fair, democratic and humane principles and improving on the previous regulations on land acquisition, which are widely seen as being insufficient. The Bill is a significant revision of the prior regime under Presidential Regulation No. 65 of 2006 on the Amendment of Presidential Regulation No. 35 of 2005 on Land Acquisition for Public Interest (" PR 65/2006 ").        
  • Revision of REDD+ Deforestation Moratorium 1:250,000 Reference Maps

    6 months after the issuance of Ministry of Forestry Decree No. 323/Menhut-II/2011 on the Determination of Indicative Maps Concerning the Suspension of New Permits for Utilization of Forests, Use of Forest Areas and Change of Forest Area Usage and Other Usage Areas (" Decree "), Ministry of Forestry Decree No. SK.7416/Menhut-VII/IPSDH/2011 on the Determination of Indicative Maps Concerning the Suspension of New Permits for Utilization of Forests, Use of Forest Areas and Change of Forest Area Usage and Other Usage Areas (Revision I) was issued on 22 November 2011 (" Revised Decree "). The issuance of Revised Decree is mandated by Presidential Instruction No. 10 of 2011, which obliged the Minister of Forestry ("Minister") to revise the maps covering the entire territory of Indonesia setting out areas of suspension of new permit issuance ("Indicative Maps") in every 6 months. 
  • The New Apartment Law

    Law No. 20 of 2011 on Apartments was issued on 10 November 2011 ("Law 20/2011") and revoked the previous law on the same subject matter ("Law 16/1985"), which was considered to no longer be in line with the current conditions. 
  • Revision of Bapepam-LK Rule IX.E.2 on Material Transactions and Changes in Core Business

    Capital Market and Financial Institutions Supervisory Agency (Bapepam-LK) Rule IX.E.2 on Material Transactions and Changes in Core Business has been amended by the Chairman of Bapepam-LK Decree No. KEP-614/BL/2011 ("Decree"). The amendment has been in force since 28 November 2011, and has repealed Chairman of Bapepam-LK Decree No. KEP-413/BL/2009 on the same subject matter. The amendment adds exemptions to the disclosure rules for debt, creates a disclosure obligation for changes in the business of certain subsidiaries, and sets a deadline for reporting the completion of the transaction.
  • EXPATRIATES WORKING IN INDONESIA: ARE THEY PERMANENT OR FIXED TERM EMPLOYEES?

    In Indonesia, despite it being generally accepted that a foreign employee is by nature a fixed term employee, recent rulings of the Industrial Relations Court or the Supreme Court have given rise to some arguments among scholars, legal practitioners and jurists since the rulings have recognized foreign employees as ‘permanent’ employees and therefore entitled to severance pay upon termination of their employment in Indonesia.
  • ASEAN – Australia – New Zealand Free Trade Agreement (AANZFTA) to Enter Into Force for Indonesia

    On 11 November 2011 Indonesia notified its prior ratification, by means of Presidential Regulation No. 26 of 2011 ("Regulation"), of the ASEAN - Australia - New Zealand Free Trade Agreement ("AANZFTA" / "Agreement"). This means that the Agreement will enter into force for Indonesia on 10 January 2012. The original English version of the Agreement is included as part of the Regulation's appendix along with an Indonesian translation, whereby the original English language version of the Agreement will prevail should there be a difference in interpretation. 
  • Amendment of KPPU Guidelines on Notification of Mergers, Consolidations and Acquisitions (Article 29

    Commission for the Supervision of Business Competition ("KPPU") Regulation No. 10 of 2011 on Guidelines for Completing Mergers, Consolidations or Acquisitions that Might Result in Monopolistic Practices and Unfair Competition ("Regulation") has been issued as an implementation of Article 29 (1) of Law No. 5 of 1999 on the Prohibition on Monopolistic Practices and Unfair Business Competition. The Regulation effectively replaces Regulation No. 13 of 2010 with the intention of improving the efficiency of corporate restructuring notification procedures. The Regulation has been in force since 21 September 2011.
  • KPPU Guidelines on Monopolistic Practices (Article 17)

    Commission for the Supervision of Business Competition ("KPPU") Regulation No. 11 of 2011 ("Regulation") has been issued to provide guidelines for the implementation of Article 17 (Monopolistic Practices) of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The Regulation has been in force since 28 September 2011.

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