The Legal 500

Hiswara Bunjamin & Tandjung

23RD FLOOR, GEDUNG BRI II, JL. JEND. SUDIRMAN KAV. 44-46, JAKARTA 10210, INDONESIA

What we say about the firm's legal practice in Indonesia

Banking and finance

Within Banking and finance, Herbert Smith LLP is a second tier firm,

Hiswara Bunjamin & Tandjung’s team ‘is very responsive, even out of office hours, and always willing to engage’, and has developed a reputation for ‘a lot of partner involvement on deals’. The practice recently advised the Industrial and Commercial Bank of China on a RMB 2bn offshore loan to the Indonesian Bakrie Telecom, the first commercial Renminbi loan provided to a company outside of China. The team also advises Credit Suisse and Deutsche Bank on local financing matters. David Dawborn ‘has an excellent mix of local law knowledge and international experience, which means he can deliver practical advice’. Tjahjadi Bunjamin is ‘hands on, very responsive and commercially minded’.

Capital markets

Within Capital markets, Herbert Smith LLP is a second tier firm,

Hiswara Bunjamin & Tandjung has particular strength on cross-border deals and taps in to the Herbert Smith (Thailand) Limited network for much of its deal flow. Tjahjadi Bunjamin and David Dawborn lead a practice that recently advised Thailand’s biggest coal company Banpu on a $400m block trade of Indonesian stock for its listed subsidiary Indo Tambangraya Megah. Other highlight transactions included advising Credit Suisse and Morgan Stanley as joint book runners on a $130m issuance of senior notes guaranteed by PT Bakrie Telecom. Newly made-up partner Kristo Molina is also rated.

Corporate and M&A

Within Corporate and M&A, Herbert Smith LLP is a first tier firm,

At Hiswara Bunjamin & Tandjungadvice 
is thorough yet practical with a deep 
understanding of the banking industry’. The firm continues to develop relationships with a 
number of private equity houses, and benefits from a close relationship with Herbert Smith (Thailand) Limited. The corporate team advised Cargill on its acquisition of a majority stake in listed local sweetener and starch producer Sorini Agro Asia Corporindo. Other major clients 
include Rio Tinto, BP and Mitsubishi Corporation. David Dawborn, Brian Scott 
and Iril Hiswara are recommended.

Dispute resolution

Within Dispute resolution, Herbert Smith LLP is a first tier firm,

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.

Employment

Within Employment, Herbert Smith LLP is a second tier firm,

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.

Foreign firms

Within Foreign firms, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP benefits from a local presence that is ‘probably the best outfit in town’. The lions share of matters are handled out of Jakarta, with the firm regularly sending secondees to Hiswara Bunjamin & Tandjung to work on the biggest deals.

Projects and energy

Within Projects and energy, Herbert Smith LLP is a first tier firm,

Hiswara Bunjamin & Tandjungunderstands 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.

Restructuring and insolvency

Within Restructuring and insolvency, Herbert Smith LLP is a second tier firm,

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


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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
  • GOVERNMENT INVESTMENT UNIT OF INDONESIA (PIP) AND PT PLN (PERSERO) HAVE SIGNED A

    USD 800 MIO SOFT LOAN
  • 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.