Hermawan Juniarto & Partners

The firm

Skilled and experienced Deloitte Legal* professionals work together with other Deloitte professionals in tax, consulting, risk, and financial advisory to guide their clients on their project in a coordinated way around the world. Deloitte Legal has more than 2,500 professionals, operating in more than 80 countries, is able to provide holistic guidance around strategic business decisions as well as offer support services that can increase efficiency and manage the cost of some routine legal activities. As part of the global Deloitte professional services network, Deloitte Legal helps you in delivering multinational legal solutions that are Consistent, Technology-enabled, Tailored, and Sensitized.

Hermawan Juniarto & Partners was first established in 2005 (then named lrawati Hermawan & Partners) and was transformed into Hermawan Juniarto & Partners (“Hermawan Juniarto”) after becoming a member of the Deloitte Legal Network. Hermawan Juniarto distinguishes itself from other firms by offering its clients particularly strong resources in many disciplines. Its depth of practice enables it to handle complex matters. Our Partners and lawyers adopt a progressive approach of various legal practices; emphasise the importance of harmonious relationship with clients, also apply practical solutions on business problems that our clients are face. With several years of experience dealing with regulatory matters, our lawyers are experienced in dealing with complicated regulatory procedures in Indonesia, liaising with local government officials, as well as being able to communicate effectively and share ideas with them. Throughout the years, we have established positive relationship with government officers and government agencies that has helped us to understand the policies or regulations, and we believe that this will benefit us and our clients.

With 50 legal professionals in Indonesia, Hermawan Juniarto offers competent yet pragmatic advice in many fields of national and international business law. Our professionals provide tailored solutions for demanding projects and complex domestic and international transactions. We also provide services such as, multidisciplinary advice incorporating tax, consulting, risk, and financial advisory.

Whether family-owned, small and medium-sized enterprises, listed stock corporations or international groups of companies, with the services that we provide (e.g., Infrastructure and Project Finance, Corporate and Commercial, Corporate/mergers and acquisition [M&A], Employment Law & Benefits, Banking & Finance, Capital Market, Litigation & Alternative Dispute Resolution, and Licensing Services) we cover those fields of business law that are important for our clients.

Collecting and combining multidisciplinary experience and knowledge from our industry groups such as Financial Services, Energy, Resources and Industrials, Consumer, Technology, Media and Telecom, and Life Sciences & Health Care enables us to render interdisciplinary advice which anticipates industry or sector-specific trends and developments. Thereby assisting our clients to deal with the challenges of an ever-changing regulatory and economic environment.

We understand that legal advice is not as an isolated component, to provide a comprehensive approach, we work with other Deloitte professionals in tax, consulting, risk, and financial advisory to share timely updates for our clients to make informed decisions in the context of legal as well as other business considerations.

Achievements

• • 2020—Top 10 Best Law Firms in Indonesia—Hukum Online
  • 2020—Indonesia’s Top 100 Lawyers—Asia Business Law Journal
  • 2020—Project, Energy, and Infrastructure Law Firm of the Year—Asian Legal Business Indonesia Law Awards
  • 2019—Indonesia’s Top 100 Lawyers—Asia Business Law Journal
  • 2019—Top 17 the Largest Indonesian Corporate Law Firms—Hukum Online
  • 2018—Capital Market—Law Firm of the Year Indonesia
  • 2018—Merger & Acquisition—Lawyer of the Year Indonesia
  • 2018—Top 19 Best Law Firm in Indonesia—Hukum Online
  • 2018—Project Finance—Law Firm of the Year Indonesia
  • 2017—Project Finance Law Firm of the Year Indonesia
  • 2017—Mergers and Acquisitions—Lawyer of the Year Indonesia 

Areas of practice

Infrastructure and Project Finance

Hermawan Juniarto’s professionals are equipped to handle complex infrastructure transactions by representing government, local and private investors, and operators as well as banks and financial institutions. Hermawan Juniarto offers wide array of legal services ranging from the preparation of outline business case and final business case, market sounding, formulating drafts of regulations/policies as required, structuring project’s cooperation scheme, assistance in the procurement process, obtainment of infrastructure guarantee, and achievement of financial close.

Infrastructure development is very vital for emerging economies to realise their aspirations. No nation develop without investing in infrastructure as it is supposed to facilitate and spur economic growth by providing better connectivity and enhancing productivity and efficiency. This leads the Government of Indonesia to have a view that an acceleration of infrastructure development is urgently required, either delivered through conventional public procurement or Public-Private Partnership (PPP) as the implementation methods. PPP scheme opens the opportunity for private sector along with the Government to be actively involved in infrastructure development in Indonesia. Our firm was involved in the establishment of the Committee of Infrastructure Priorities Development Acceleration/Komite Percepatan Pembangunan Infrastruktur Prioritas (KPPIP) by advising the Coordinating Ministry for Economic Affair on the draft of Presidential Regulation No. 75 of 2014 regarding Acceleration of Infrastructure Priorities Development.

The goal of Hermawan Juniarto is to assist the Government, private sector, and relevant stakeholders to achieve their goals by aligning our services with the relevant regulatory framework and international leading practice to meet the objective of the respective parties. Hermawan Juniarto is highly regarded for quality and excellent results. Our services in infrastructure project, amongst others, include the following sectors:

• • Telecommunication and information technology (IT) Infrastructure

The telecommunication and IT sector is developing rapidly in Indonesia, and companies operating in the sector face increasing competition in Indonesia’s distinctive regulatory environment. Our team has acted on major projects in this sector representing the Government in structuring projects.

• • Energy and Natural Resources (E&NR) Infrastructure

Production and consumption of energy resources is significantly important to the global economy, as all economic activities are dependent on E&NR. We offer advise on upstream and downstream oil and gas projects in Indonesia. Given its substantial technical background, significant transactional experience, and positive relationship with government regulatory agencies, our team is equipped with in-depth understanding of E&NR regulatory framework.

• • Transportation infrastructure

Transport infrastructure significantly contributes to economic output of a nation as it enhances the productivity and distribution of goods and resources. Developing efficient and cost-effective transport infrastructure is challenging, considering its large capital investment requirement and evolving legal, and regulatory demands. It also needs to balance complex political, economic, social, and environmental trade-offs. Through our experience working with the Ministry of Transport, business entities, and other relevant stakeholders in structuring transport infrastructure project, particularly in airport and railway sectors, Hermawan Juniarto has developed the knowledge within the industry to deliver specialised legal support.

Corporate and commercial

The Indonesian economy in 2020  is determined based on Gross Domestic Product (GDP) at current prices reaching IDR 15,434.2 trillion and GDP per Capita reaching IDR 56.9 Million or US $ 3,911.7. Indonesia offers a large and growing domestic market. As Indonesia became an investment destination for international investors accompanied with its still-growing economics, various industries each with their own distinctive matters and issues demand reliable legal assistance to make sure every corporate action and transaction are within the prevailing laws and regulations and going smoothly; all while incorporating clients’ business objectives. For more than 10 years, we have served as a trusted legal advisors to businesses in Indonesia.

With extensive experience in representing wide-range of clients from start-ups, private or government owned companies, to international companies and industries from technology, bank to energy, our lawyers have been actively contributing and involved in many high profile national and multinational projects. We combine technical capabilities and industry knowledge to provide a trusted and reliable comprehensive range of corporate & commercial services to solve our clients’ legal matters.

We offer a wide range of services to suit the needs of our diverse clients in different industries. Our corporate & commercial services include:

• • Compliance/regulatory advisory;
  • Trade and competition advisory;
  • Sale and purchase advisory, negotiation and agreement drafting;
  • Drafting and advising of leasing and financing agreements;
  • Representing and advising clients in business negotiations and transactions;
  • Shareholders agreement and other corporate agreements drafting;
  • Corporate restructurings and reorganisations;
  • Corporate secretarial and record maintenance;
  • Advising on corporate legal practices, procedures and policies;
  • Other corporate advisory services; and
  • Other corporate legal actions. 

Mergers & Acquisition (M&A)

M&A transactions demand qualified and reliable legal assistance for it to be able to run smoothly and within the prevailing laws and regulations. Completing an M&A transaction for an Indonesian company primarily involves compliance with Indonesia’s Company Law and the foreign investment regulations.

Awarded with 2017 & 2018 Lawyer of The Year for Merger & Acquisition, our lawyers at Hermawan Juniarto understand clients’ issues in this matter and are experienced in this area to assist small, middle, to large-scale transactions from the pre-transaction, during, and post-transaction, in all aspects such as purchases and sales of equity and assets and corporate restructuring.

• • Legal due diligence

Our firm provides deal structuring and legal due diligence in pre-transaction phase. Conducting due diligence on Indonesian companies presents various difficulties due to the lack of access or reliable public records of constitutional corporate documentation, encumbrances on corporate assets, share capital or land ownership and related encumbrances. We are able to act as analyst and facilitator, and assist our clients in developing strategies, understanding the market, conducting legal due diligence in assessing the transaction, negotiating the structure and drafting the deal, all while putting your business goals and objectives in mind and as our priority.

• • Restructuring services

Our lawyers work with the best restructuring solution by delivering the most prominent commercial result, by evaluating restructuring options and identifying key issues that might arise in the future due to the restructuring transaction. We have extensive experience of working with wide-range of clients to achieve their goals.

• • Post-transaction services

For M&A, we provide a holistic approach that prepares our team to address closing and post-closing issues—a phase that is often overlooked, such as post-transaction transition, post-merger integration, management structure, marketing, staffing, compensation, etc.

Hermawan Juniarto provides a full range of corporate law services from complex advisory services related to major business life events (including advising in restructuring and mergers and acquisitions processes) through to general secretarial services. Services includes but not limited to:

• • M&A transactions
  • Integrated due diligence
  • Corporate law, corporate governance
  • Corporate reorganisations
  • Shareholders agreement and joint ventures
  • Post-merger integration
  • Legal and tax services to startups

Employment law and benefits solutions

Turbulent economic times require companies to be agile and flexible in their staffing to remain competitive. Complex polices, frequent legislative changes and global operations make managing employee relations and compliance with employment law challenging for businesses. Hermawan Juniarto provides businesses with the advice they need to make informed decisions and comply with a multitude of regulatory and procedural requirements. Services includes but not limited to:

• • Compensation and benefits
  • Individual employment law
  • International employment remodeling
  • Human cloud
  • Legal mobility services
  • Social security

Banking and finance

International financial markets continues adjusting to fast-paced changes in economic, political and regulatory environment. Developing ideas and provide suggestions to the ever-changing market is key to stay ahead of the competition.

Combining comprehensive understanding with a sound knowledge on local and international business practices, our lawyers deliver a consistently high standard of service. We take pride in the depth of our coverage—advising clients on various lending transactions, bank products, credit products, deal structures, issues and alternatives, and on all types of secured transactions. We have a remarkable track record in representing both borrowers and lenders in various transactions. Our clients will be able to gain full access to our broad capabilities alongside the commitment and loyalty of our dedicated team.

Hermawan Juniarto lawyers provide a range of banking services including:

• • Advisory

Hermawan Juniarto lawyers provide borrowers and lenders with a wide spectrum of banking advisory services. In the era of technological disruption, financial services sectors are deeply affected. Regulation continues to expand, and businesses may be faced with an even wider regulatory framework. We provide advisory services including finance structuring and planning, regulatory framework, securitisation, corporate lending, acquisition finance, trade finance, and Islamic finance.

• • Transaction

Our lawyers has immense experience and thorough understanding of the market, on which serves as the basis for us to fulfill the needs of the clients. We assist clients to perform due diligence, including analysis and assessment on banking matters. We assist clients on transaction documentations and negotiations, including facility agreements and security documents. Our aim is to provide legal assurance to the clients in proceeding with various transactions, both domestic and international.

• • Licensing

With the increasing number of financial companies in the world and its significance in the market, we are able to provide advisory services to the clients on the full licensing spectrum, including the establishment of banking and finance corporation, branch office and/or representative office, as well as providing services on banking and finance business licenses.

Capital market

All corporate commercial transactions—issuers and market participants on disclosure and corporate governance matters, corporate and securities regulatory issues, and transactional structuring—require high-qualified professionals who has deep understanding of business practice and broad experience across the capital structure. In the new emerging trends in the economy, capital market transaction always able to keep up with the evolving needs of the markets giving new and complicated challenges to be solved. Our team, has years of experience and capabilities to provide advise in capital market transactions. It consists of competent lawyers with years of experience handling various transaction and providing solutions for big names in the industry and startups as well. Services included but not limited are:

• • Initial Public Offerings (IPO) and compliance

Hermawan Juniarto has earned considerable reputation advising clients on IPOs of equity and non-equity instruments (such as bonds, MTN, convertible and exchange bonds), rights issues, asset securitization, and other issues of securities both locally and globally. Hermawan Juniarto assist clients to perform compulsory legal due diligence and issues required legal opinions in respect of the Financial Service Authority (Otoritas Jasa Keuangan) regulation.

• • Regulatory and transactions

Hermawan Juniarto advises public companies on wide range of capital market issues and actively helps them to navigate the regulatory and other issues faced by the clients. Hermawan Juniarto provides practical advice focused on assisting our clients in reaching their business objectives. Hermawan Juniarto constantly works closely with clients and is recognized as a preeminent advisor on capital markets transactions.

Litigation and alternative dispute resolution

Hermawan Juniarto understands that in the face of regulatory challenge, dispute resolution is currently becoming a major concern to foreign investors and business participants, thus our Litigation & Alternative Dispute Resolution Practice Group focuses on developing areas that are required to protect and manage our clients’ investment and business. With this in mind, our practice group’s areas of focus cover the following:

• • Bankruptcy, Insolvency and Restructuring (BIR)

Under the Indonesian Bankruptcy Law, a bankruptcy process is aimed at satisfying claims of creditors in the event of declaration of bankruptcy decision against the debtor, in which creditors possess legal remedies to secure their interests. In this context, Hermawan Juniarto believes that a qualified and experienced team of lawyers is required to cater to a client’s needs in facing bankruptcy related issues. Our practice group comprises of a number of lawyers who specialises in various bankruptcy matters they have been involved until to date. Insolvency takes place when a debtor has been proven incapable to pay its liabilities, in which case Indonesian Company Law provides that such circumstance will lead into liquidation. Hermawan Juniarto has extensive experience in assisting lenders in enforcing their entitlements during the liquidation process as well as acting as liquidator for number of companies in liquidation. Debt restructuring in Indonesia may be carried out by means of court sanctioned restructuring or bilateral restructuring. Under the Indonesian Bankruptcy Law, court sanctioned restructuring is known as suspension of debt payment (Penundaan Kewajiban Pembayaran Utang [PKPU]). PKPU is principally intended to provide a debtor with temporary relieve in order to organise and continue its business, and eventually to satisfy creditor’s claims. Hermawan Juniarto offers distinctive approach and propositions which originate from a wide range of PKPU cases, either when acting as administrator of the company under bankruptcy or as advisor to the creditors.

• • Civil litigation and commercial litigation

Due to the distinctive nature of the Indonesian legal environment, lawyers require specialities in handling dispute resolution cases in Indonesia. We have observed that multinational clients and major corporations prefer working with trusted lawyers with in-depth understanding of the complex legal issues in Indonesia who also acknowledge and understands corporate governance codes. Our team has advised on a number of corporate litigation matters and is a trusted advisor to a number of leading national and international companies in a wide array of business sectors, including banking and finance, consumer products, construction, retail, infrastructure, manufacture, energy and resources and other industries. General civil litigation mainly focuses on torts and default claims filed before the District Court. However, our team also have a good grasp of specific types of civil disputes such as Intellectual Property disputes that are examined before the Commercial Court.

• • Employment and labor dispute

Complex rules regarding labor in Indonesia cannot stem a company’s needs to hire domestic or foreign labor. Our team has extensive experience working on labor projects and possesses an in-depth knowledge of the distinctive and complex regulations facing developers in Indonesia. Hermawan Juniarto has successfully assisted some notable clients facing various labor disputes before the Industrial Relation Court.

• • Arbitration and Alternative Dispute Resolution (ADR)

Hermawan Juniarto practices is prepared to represent both domestic and international clients before the Indonesian Seating Arbitration Board (Badan Arbitrase Nasional Indonesia [BANI]) as well as in the proposed enforcement of international arbitration awards in Indonesia.

 Licensing services

Indonesia has become one of the most prominent countries to invest and to start new business. One of the biggest challenges is to comply with the Indonesian laws and regulations. There are permits and licenses that are required to perform industry-specific business activity. The types of permits and licenses required depends upon which and where the business will be formed and the type of business activity.

Licenses and permits are required in order to confirm that the business is following specific ordinances as ruled by both the central government and regional government. For instance, a company who holds a pharmaceutical wholesaler as its business activities would be required to have a Distribution of Drug and Food certificate/permit from the relevant agency. Another example is a company that has ‘wholesaler’ as its business activity is prohibited to sell their goods directly to the end user, and shall distribute its goods to the local distributor who owned the distributorship permit. In the event of the company plans to build a physical building for their main headquarter, they will most likely be required to have a building permit within the state or city they are building in. Similarly, there are certain area within cities that regulate where commercial, residential and industrial area can be established. It is important to be sure that the location of the building is properly zoned for your company; in regard to industrial purpose, if the company intends to build a factory, the company may need a zoning permit. By obtaining the required licenses and permits, companies can confirm that they are operating within the parameters of the prevailing laws and regulations and therefore they are considered legal and valid in carrying out their business activities.

We provide informative guidance to make you aware of the permits and licenses required by the prevailing laws and regulations. We are able to assist during the preparation, filing and monitoring the progress of the application of the licenses and permits. Our team will confirm that the process is conducted in an appropriate and timely manner to meet the client’s requirement. Our lawyers will also provide education to avoid negative consequences in the future.

Each practice group is led by a Senior Partner who has more than 20 years of sector-specific experience; and supported by an experienced and specialised team. Deloitte Legal* adopts a progressive approach on various legal practices; emphasises the importance of a harmonious relationship with clients; and assist to suggest practical solutions to business problems. We are honoured by the trust and loyalty of our longstanding clients, which stands as proof of the quality of services provided.

* “Deloitte Legal” means the legal practices of Deloitte Touche Tohmatsu Limited member firm affiliates that provide legal services. For legal and regulatory reasons, not all member firms provide legal services.