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Indonesia > Restructuring and insolvency

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  1. Restructuring and insolvency
  2. Leading Individuals

Leading Individuals

Wahyuni Bahar’s team at Bahar & Partners leverages of solid banking and finance practice to advise mainly international clients. The team has particular experience advising telecoms companies.

Hadiputranto, Hadinoto & Partners 
recently advised a subsidiary of Accenture as a creditor in a $29m suspension of payment proceedings by Mandala Airlines. Timur 
Sukirno’s team that also advised facility services company ISS Indonesia in an out of court settlement relating to a contractual dispute that resulted in bankruptcy proceedings being brought against the client.

Lubis Ganie Surowidjojo has a strong pedigree in bank restructuring matters and has previously advised the Indonesian Bank Restructuring Agency (IBRA). Mohamed Idwan (Kiki) Ganie is the main contact.

Mochtar Karuwin Komar recently advised several international leasing companies in connection with the bankruptcy proceedings of Adam SkyConnection Airlines. Other highlights included advising a major international leasing company and a group of aircraft maintenance companies in the suspension of payment proceedings by Mandala Airlines. Mulyana is the main contact.

Ali Budiardjo, Nugroho, Reksodiputro draws on its excellent banking and finance reputation to advise both borrowers and lenders on insolvency law. The team also provides local law assistance and external debt restructuring advice to steering committees to large troubled debtors.

Hanafiah Ponggawa & Partners advises natural resources companies on restructuring matters. Andre Rahadian is recommended.

Hiswara Bunjamin & Tandjung is noted for its debt restructuring advice to lenders and creditors. Tjahjadi Bunjamin and David Dawborn are recommended.

Rosna Chung is the main contact at 
Hutabarat Halim & Rekan that recently 
advised Indomobil Sukses in the restructuring of a loan and a debt equity swap with Tritunggal Intipermata.

Makarim & Taira S. recently represented Korea Securities Finance Corporation on the bankruptcy of Arpena Pratama Ocean Line.

The well-regarded team at Melli Darsa & Co. draws on its strong banking and finance and capital markets practices to advise on major debt restructurings. In recent years the practice has been kept busy advising on the disputes resulting from the SPV guaranteed bonds that were marketed during the Asian financial crisis. Previous clients of the group have included Asia Pulp & Paper Group and Bank Mandiri.

Soemadipradja & Taher recently advised Proton Cars on several corporate matters, including its restructuring. Retno Muljosantoso is the main contact.

Ira Eddymurthy’s team at Soewito Suhardiman Eddymurthy Kardono recently advised on the debt restructuring of an international shipping company, which included the restructuring of US bonds and local Sukuk bonds and advising on related litigation.

Enrico Iskandar is the main point of contact at Bastaman Enrico Bagus, and has experience in debt restructurings in the hotels sector. The team recently advised Barclays on its exit from the local retail banking market, including the liquidation of the Barclays Bank Indonesia subsidiary.

Christian Teo Purwono & Partners draws on its corporate expertise to regularly advise on restructurings. Practice head Christian Teo recently advised Paspaley Pearling Company on regulatory issues in connection with the restructuring of its local subsidiary.

Standout matters for Hadromi & Partners included advising on the capital restructuring of Toba Jaya, the local subsidiary of a Malaysian company.

Iswahyudi Karim leads a team at KarimSyah that is experienced in debt restructurings. Previous clients include the former Bank Restructuring Agency and lenders.

Ricardo Simanjuntak & Partners has an excellent reputation for bankruptcy and insolvency. Previous clients of the firm have included Orix Indonesia Finance. Founder Ricardo Simanjuntak is former chairman of the Indonesia Receiver and Administration Association (AKPI).

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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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