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  1. Projects and energy
  2. Leading Individuals

Leading Individuals

Ali Budiardjo, Nugroho, Reksodiputro is particularly well known for its energy financing expertise. The team recently advised a joint venture of Japanese, Korean and Indonesian companies on a LNG project to develop natural gas fields in Sulawesi province. Oene Marseille is highly recommended.

Hadiputranto, Hadinoto & Partners has a strong reputation for its projects practice that consistently advises on some of the biggest deals in the market. The highly regarded Luke Devine heads the practice, which has seen an increase in mining transactions, particularly from Indian and Chinese investors. Recent highlights include advising Reliance Coal Resources on the acquisition of three mining concessions and two companies in Southern Sumatra; and advising the Korea Electric Power corporation in its acquisition of a $520m interest in listed coal mining group Banyan Resources.

Hiswara Bunjamin & Tandjung ‘understands the Indonesian legal system and is able to provide very practical innovative solutions’. The practice recently advised Thai coal mining company Banpu on the sale of a $400m stake in its listed local subsidiary to PT Indo Tambangraya Megah. The ‘phenomenal’ David Dawborn leads the team and is known for his oil and gas expertise, and the ‘excellent’ Mira Fadhya is recommended for her knowledge of the local regulatory environment. Brian Scott is also rated.

Makarim & Taira S.’s team has been particularly active advising clients on mining acquisitions. Standout mandates included representing both ESCO Corporation and Asia Resources Holdings on two separate acquisitions of mining companies. Practice head Rahayu Ningsih Hoed and Gregory Ranslam are recommended.

Mochtar Karuwin Komar experienced an increase in inbound work from Chinese investors, and recently advised GDF Suez on a tender submission in connection with the Central Java 1000 MW independent power project. Ahmad Djoyosugito is the main contact.

The team at Soemadipradja & Taher 
has good links with Australian energy companies and recently advised Vallar plc on a $3bn acquisition of a stake in both Berau Coal and Bumi resources. The ‘extremely knowledgeable and pleasant to work with’ Rahmat 
Soemadipradja leads the team, which also includes Fadjar Widjaksana Kandar (‘calm and thorough, lethal in his persuasion’), and Haydn Dare (‘can navigate through the bewildering variety of Indonesian laws with ease’).

Soewito Suhardiman Eddymurthy Kardono is known for advising sponsors on mining acquisitions. The team recently advised Exxon Natuna on regulatory issues surrounding its multibillion-dollar oil and gas development in Natuna.

Widyawan & Partners has a strong reputation on oil and gas projects, particularly upstream work. Widyawan leads the practice, which recently represented Inpex Masela on the development of the world’s first floating LNG plant. The team is also developing its PPP expertise and continues to represent Bappenas and the Indonesian government on the development of 24 stalled toll road projects. David Holme is also recommended.

Assegaf Hamzah & Partners leverages its strong corporate expertise, and in 2010 continued to advise Recapital Advisors in the financing for the acquisition of 90% ownership in Berau Coal, one of the largest coal producers in Indonesia. Ahmad Fikri Assegaf is recommended.

Bahar & Partners is known for its expertise in both debt and equity capital markets work for energy clients. Managing partner Wahyuni Bahar is recommended.

Newcomer Ginting & Reksodiputro in association with Allen & Overy recently advised the lenders in a major new port development project and tank terminal at Tanjung Priok in Jakarta. The team also has experience advising coal clients.

Hanafiah Ponggawa & Partners is strong on project finance work, particularly for power projects. Al Hakim Hanafiah and Andre Rahadian lead the practice.

Lubis Ganie Surowidjojo’s expertise covers mining, toll roads and other infrastructure projects. Mohamed Idwan (Kiki) Ganie is recommended.

Makes & Partners has an excellent reputation for project finance and capital markets matters for coal mining and energy companies. The highly recommended Yozua Makes leads the team, which recently advised Kim Eng Securities and Deutsche Bank on the IPO of a major local plantation company.

Mataram Partners has experience in coal mining projects, and recently advised an oil and gas company on the development of a gas pipeline in Sumatra, as well as several gas supply agreements. Oliver Wright, Andi Zulfikar and Rina Lee are recommended.

Oentoeng Suria & Partners has a strong pedigree in the mining and natural resources sector, and recently advised Santos on several gas sale arrangements relating to an offshore gas project near Madura Island in East Java. The firm benefits from a close alliance with Blake Dawson. Noor Meurling leads a team that includes Toby Grainger (‘very client orientated’) and Avinash Panjabi (‘very good communication skills’).

Susandarini & Partners’ practice is particularly strong on cross-border mining matters and receives a high number of referrals on major projects matters through the Norton Rose Australia network. It continues to advise on the $2.5bn 2000MW Java independent power project. Ross Ramsay and Rick Beckmann are recommended.

Brigitta I. Rahayoe & Partners has a solid track record advising on mining deals. Brigitta Rahayoe is recommended.

The ‘invaluable’ team at Christian Teo Purwono & Partners continues to advise Australian mining company Innovation West on the potential acquisition of several coal and manganese mines. Bill Sullivan is recommended on mining matters. Christian Teo is recommended for his niche telecoms practice and recently represented Saudi Telecom on local regulatory matters.

Hadromi & Partners has experience on hard and soft mining projects. Iqbal Hadromi heads the practice, which recently advised India-based the Apple Group of Companies in its investment in coal mining projects in Kalimantan and Sumatra. Other highlights included advising Fremery Resources on a joint venture for an iron ore mining project.

Hendra Soenardi advises energy companies on project finance matters. Eddy Hendra is the main contact.

Hutabarat Halim & Rekan represents mining companies, and recently advised cigarette company Djarum in connection with the hostile takeover of a local forestry company. Peter Fanning and Pheo M Hutabarat are recommended.

KarimSyah continues to advise oil and gas companies on international arbitration and other related disputes matters. Karen Mills is recommended.

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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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