The Legal 500

Hadiputranto, Hadinoto & Partners

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

Banking and finance

Within Banking and finance, Baker & McKenzie is a first tier firm,

Hadiputranto, Hadinoto & Partners advises on financing in a broad range of sectors, including telecoms, property development and natural resources. The team recently advised the Overseas Chinese Banking Corporation on a $50m financing to Indonesian luxury hotel owner Karang Mas Sejahtera. Other clients include DBS Bank, the Tokyo branch of ING Bank and UOB Asia. Indri Pramitaswari Guritno and Erwandi Hendarta are recommended.

Capital markets

Within Capital markets, Baker & McKenzie is a first tier firm,

Hadiputranto, Hadinoto & Partners’ team is ‘plugged in to the right people’ and is praised for its partner-level involvement on deals. Rambun Tjajo heads a team that has been particularly busy on equity work over the past year; it advised Indonesia’s largest coal mining company, Bumi Resources Minerals, on its $240m IPO on the Indonesian stock exchange.

Corporate and M&A

Within Corporate and M&A, Baker & McKenzie is a first tier firm,

Hadiputranto, Hadinoto & Partners’s dominance in Indonesian M&A continues unabated. The firm has one of the largest and most experienced teams, consistently acting on a large volume of the most valuable M&A transactions. It recently advised United Tractors in the acquisition of a $26.5m mining concession company, and represented Bank Permata on a $317m acquisition of GE Finance Indonesia.

Dispute resolution

Within Dispute resolution, Baker & McKenzie is a second tier firm,

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.

Employment

Within Employment, Baker & McKenzie is a first tier firm,

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’.

Intellectual property

Within Intellectual property, Baker & McKenzie is a first tier firm,

Daru Lukiantono’s practice at Hadiputranto, Hadinoto & Partners recently represented 
Hasbro Inc in a cancellation action at the Commercial Court in Jakarta against a local Playskool trade mark registration application. 
The practice has good experience in IP enforcement actions in the pharmaceuticals 
and food industries. The firm has also recently begun managing the Indonesian trade mark portfolios of Bayer Group, Abbott 
Laboratories, Home Box Office and Hallmark Cards.

Legal market overview

Within Legal market overview,

There are still only a handful of top-notch local firms able to handle cross-border work. The most notable is Hadiputranto, Hadinoto & Partners (which is part of Baker & McKenzie’s international network), the largest firm in the country with over 100 lawyers.

Projects and energy

Within Projects and energy, Baker & McKenzie is a first tier firm,

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.

Real estate

Within Real estate, Baker & McKenzie is a first tier firm,

Hadiputranto, Hadinoto & Partners has particular experience advising hotel chains on construction matters. The team recently advised Fraser Suites Jakarta in the purchase 
of luxury apartment units in Jakarta from 
PT Graha Tunasmekar; and represented the Overseas Chinese Banking Corporation regarding a $50m financing to a major hotel owner Karang Mas Sejahtera. Mita Djajadiredja heads the practice.

Restructuring and insolvency

Within Restructuring and insolvency, Baker & McKenzie is a first tier firm,

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.

Tax

Within Tax, Baker & McKenzie is a first tier firm,

Wimbanu Widyatmoko leads a three-partner team at Hadiputranto, Hadinoto & Partners that works on the full spectrum of corporate transactional tax issues, including contentious matters. The team recently represented Bank Permata and United Tractors on separate 
matters before the KPPU (anti-monopoly commission).


What we say worldwide

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Legal Developments by:
Baker & McKenzie

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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.