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  2. Leading Individuals

Leading Individuals

The team at Hadiputranto, Hadinoto & Partners is one of the largest employment practices in the country and represents major international clients such as General Motors, British American Tobacco, Microsoft, Thomson Reuters and Kraft. Practice head Mark Innis is ‘straight forward, commercial and available at all hours’. Susie Beaumont is ‘experienced and practical and doesn’t hesitate to pick up the phone’.

The well-respected team at Makarim & Taira S. continues to service mainly international clients and is particularly praised for its white-collar practice. It recently advised Waterford Wedgwood on termination of employment contracts that resulted in IDR1.5bn of severance payments. Rahayu Ningsih Hoed is recommended.

Sukrisman Husein heads the team at Mochtar Karuwin Komar, which recently advised an international pharmaceuticals company on a major employee misconduct case. Other significant matters for the practice included advising several international law firms, including Clifford Chance, on labour matters for their clients.

Soemadipradja & Taher is particularly known for representing international companies on collective labour agreements. Hafzan Taher and Rahmat Soemadipradja head the five-strong practice that continued to advise White Energy Company on employment contracts and TUPE regulations.

Brigitta I. Rahayoe & Partners has good experience advising on expatriate employment contracts, mass termination agreements and a range of employment structures. Rebecca Mohr is the main contact.

Christian Teo Purwono & Partners recently advised Dell on a number of employment matters including termination of employment contracts and suspension of employees. Other clients include Michelin Asia and Gemcom Software. Christian Teo and Nurvita K Siregar are the key contacts.

Hiswara Bunjamin & Tandjung provides 
the full range of employment advice to its existing corporate clients and is noted for its experience 
on collective labour agreements. Practice head Santi Darmawan has previously advised clients Diageo and BHP Billiton on employment contracts.

Peter Fanning is the main contact at Hutabarat Halim & Rekan that has advised both local and international clients on large-scale redundancies. The team recently advised Lippo Group before the Labour Court in Jakarta in connection with the termination of over one thousand employees of the company.

Mirza Karim heads a team at KarimSyah that draws on its excellent disputes practice to advise both individuals and companies on termination disputes.

Soewito Suhardiman Eddymurthy Kardono has a strong international client-base, and recently advised PepsiCo and its affiliate PT Quaker Indonesia on local labour matters. Other major clients include McDonald’s and The Bank of New York Mellon.

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Legal Developments in Indonesia

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  • 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).        
    - Lubis Ganie Surowidjojo

  • 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.
    - Hanafiah Ponggawa & Partners

  • 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 ").        
    - Lubis Ganie Surowidjojo

  • 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. 
    - Lubis Ganie Surowidjojo

  • 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. 
    - Lubis Ganie Surowidjojo

  • 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.
    - Lubis Ganie Surowidjojo

  • 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.
    - Makarim & Taira S.

  • 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. 
    - Lubis Ganie Surowidjojo

  • 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.
    - Lubis Ganie Surowidjojo

  • 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.
    - Lubis Ganie Surowidjojo

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