Kevin Sidharta > ABNR Counsellors at Law > Jakarta, Indonesia > Lawyer Profile

ABNR Counsellors at Law
GRAHA CIMB NIAGA, 24TH FLOOR
JL JENDERAL SUDIRMAN KAV 58
JAKARTA 12190
Indonesia

Position

Partner

Career

Kevin, who was made partner in 2016, is a key member of the firm’s restructuring & insolvency; technology, media & telecommunications (TMT); and aviation practices.

Through his work over the years, he has developed particular experience, expertise and industry-specific knowledge in financial services, manufacturing, consumer goods, e-commerce, fintech, pharmaceuticals & healthcare, education, oil & gas, general mining, power & renewables, real estate & construction, shipping, aviation, automotive, plantations & agriculture, and tourism & hospitality.

In restructuring & insolvency, he has been involved in almost all major debt restructurings in Indonesia in recent years. In 2016, he led the ABNR team that acted for China Development Bank (one of the largest creditors with a debt of USD 600 million) in the USD 4.5-billion Bumi Resources global debt restructuring, the largest such deal in Southeast Asia at the time and one of the most complex deals of its kind ever in the region – the team also represented two other creditors, Madison Pacific Trust Ltd and Pathfinder Strategic Credit LP, during the Indonesian court-sanctioned debt restructuring process (Penundaan Kewajiban Pembayaran Utang or “PKPU”) in the Indonesian Commercial Court.

Previously in 2012-2013, he acted for various vessel lessor creditors and shipowner entities in the USD 2-billion Indonesian court-sanctioned restructuring of PT Berlian Laju Tanker Tbk (BLT), one of the longest and most complicated court-sanctioned restructuring processes ever in Indonesia. After the BLT PKPU was completed, he also advised the secured parties under BLT’s approximately USD 650 million Senior Secured MLA Credit Facility, including DNB Bank ASA, Singapore Branch, the facility agent, and affiliates of KKR and York Capital, the largest lenders under the facility, in the second stage of BLT’s debt restructuring process in 2014-2015, which constituted the first ever out-of-court amendment of a court-approved restructuring plan under Indonesia’s PKPU regime.

In 2016, he led the ABNR team representing a major Japanese integrated trading and investment conglomerate in the approx. USD 2-billion debt restructuring of PT Asmin Koalindo Tuhup.

He was also a member ofthe ABNR team that represented a number of oil and gas service providers in the recently concluded USD 412-million debt restructuring of PT Apexindo Pratama Duta, one of Indonesia’s largest oil and gas drilling companies.

He is currently advising an international bank on the ongoing USD 2-billion debt restructuring of Duniatex group, one of the Indonesia’s biggest textile conglomerates.

In TMT, he advises many of the world’s leading technology and social-media companies, including China-based Tencent (one of the world’s largest internet services companies); China-based internet technology giant ByteDance and its subsidiary TikTok, as well as a number of leading U.S.-based technology and social media companies.

Over the last year, he has advised a long list of clients on the compliance with Indonesian law of their standard documentation, such as non-disclosure agreements, terms of service; privacy policies; procurement agreements; agreements with content providers, etc.

He has also advised clients on a wide range of specific issues over the last year, such as telecommunications regulatory and licensing frameworks (including for submarine cables and satellites); cybersecurity and data privacy; the blocking of access to platforms by the Indonesian government on national security or public morality grounds; the operation of digital platforms in Indonesia; minimum age requirements for accessing content; advertising; law enforcement and data interception; over-the-top (OTT) services; political issues related to online media; and Indonesian regulations on online games.

In aviation, his recent work includes assisting Castlelake (an Ireland-based aircraft leasing company) with the Indonesian aspects of the formation of a new aircraft-backed securitization (ABS) over four Castlelake-owned Boeing 737-900ER aircraft; ACS for the Indonesian aspects of the purchase of 2 Boeing 747-400 aircraft; and Marathon Aviation Fund LP on the Indonesian aspects of the purchase, novation and financing of an aircraft from Aircastle.

Tying in with his restructuring & insolvency practice, he has been involved in most restructuring & insolvency matters in the Indonesian aviation sector in recent years, including the Indonesian court-sanctioned debt restructuring of PT Mandala Airlines and the PT Metro Batavia insolvency;

Kevin holds a law degree (majoring in business law) from the University of Indonesia  and an LL.M. in international business law (cum laude) from Leiden University in the Netherlands. In 2015, he spent time on secondment at one of the Netherlands’ leading law firms.

Prior to earning his LL.M, he was an ABNR researcher with the Indonesian Bankruptcy Law Monitoring Project, a technical assistance project funded jointly by the IMF and the Netherlands government. He is a regularly contributor of articles on topic legal issues to various publications, and is a frequent speaker at workshops and seminars.

His recent publications include a chapter titled The Commercial Courts: A Story of Unfinished Reforms, which was written jointly with Mr. Gustaaf Reerink, Mr. Aria Suyudi and Ms. Sophie Hewitt, and was published by Cambridge University Press in 2019 in The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia.

Languages

Indonesian and English

Lawyer Rankings

Indonesia > Restructuring and insolvency

(Next Generation Partners)

Kevin SidhartaABNR Counsellors at Law

Indonesia > IT, Telecoms and Fintech

ABNR Counsellors at Law is a popular choice for major US and Chinese tech companies for advising on their operations in Indonesia, with a particular focus on social media, fintech, gaming, data privacy and telecoms infrastructure. Senior partner Agus Ahadi Deradjat leads the team and has advised major social media companies on their investments and regulatory compliance. Meanwhile Kevin Sidharta has been focusing on non-disclosure agreements and privacy policies for major technology companies, we well as licensing work for their telecommunications network in Indonesia.

Indonesia > Aviation

Representing big names in this space such as Air Lease Corporation and Macuarie Rotorcroft Leasing, ABNR Counsellors at Law handles aircraft leasing, financing, and restructuring. Most mandates are handled by banking and finance expert Emir Nurmansayah, corporate foreign counsel Gustaaf Reerink and restructuring specialist Kevin Sidharta. The team recently advised Castlelake on the debt financing of 21 new Boeing 737-900 ER aircraft, which totalled to $2.4bn.