Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Assegaf Hamzah & Partners regularly completes high profile loan and bond deals for lenders and borrowers, as well as consent solicitations and exchange offers in restructurings.

Leading the banking team is partner Fikri Assegaf. “His strength is his ability to give excellent legal opinions,” says one client, “and to find an actual legal basis on which to give a legal opinion in a negotiation process.”

A highlight for the team was advising on a US$400 million credit facility for PT Berau Coal Energy, which was arranged by Credit Suisse.

The team also advised Tower Bersama Group in US$2 billion in bond issuances, which was coordinated by OCBC and UOB.

Assegaf Hamzah & Partners is representing a number of clients in their acquisitions of coal companies, steel companies and private banks.

The firm’s corporate practice is led by partner Fikri Assegaf, who enjoys an excellent reputation among clients and peers. “Fikri is the main contact person I deal with,” says one client. “He is deeply knowledgeable and is exceptionally capable as a legal professional.”

A partner at a rival firm adds: “Fikri’s problem-solving skills are extraordinary.”

Last year, the M&A team represented Jakarta based financial services provider Recapital Group on its acquisition of a 90% stake in PT Berau Coal, the fifth largest coal producer in Indonesia. This US$1.5 billion deal was one of the year’s largest.

Assegaf Hamzah & Partners

Assegaf Hamzah & Partners’ strong capability in practice areas such as capital markets, and energy and natural resources is well known. And key clients of the firm also turn to it for advice on real estate matters. A major highlight last year was assisting a consortium of foreign investors in a proposed land acquisition in Bali for the development of an integrated tourist resort.

Budidjaja & Associates

The past year saw Budidjaja advise PT Hitachi Construction Machinery Indonesia, a subsidiary of Hitachi Construction Machinery, on the corporate and commercial aspects of its plan for land acquisition and factory construction.

Another highlight included advising Enplas Corporation on its plan to acquire a plot of land and establish a subsidiary company in Indonesia via a complex sale and purchase of land agreement.

Makes & Partners

Makes & Partners served as legal counsel to HSBC Institutional Trust Services and Bowsprit Capital Corporation on a hospital property acquisition. This transaction was conducted by First REIT under the laws of Singapore. Other notable work included acting as legal counsel to PT Agung Podomoro Land on its initial public offering.

Melli Darsa & Co

Melli Darsa & Co’s M&A and capital markets practices work hand-in-hand with its oil and gas team. Together, they have completed a number of initial public offerings or other financings for leading domestic construction companies. For example, the firm advised PT Bumi Serpong Damai on its limited public offering of ordinary shares, as well as its acquisition of shares in PT Duta Pertiwi.

Roosdiono & Partners

Roosdiono & Partners is frequently engaged by domestic and multinational corporations on unique and complex commercial real estate transactions. The reach of the practice includes cross border work. For example, the team advises on innovative asset backed securitisations and real estate investment funds. This included a mandate on AXIS REIT, the first to be listed in Malaysia.

Ali Budiardjo Nugroho Reksodiputro

Acting for corporate clients on dispute settlement negotiations, ABNR regularly appears before relevant administrative and arbitration tribunals. With the combined efforts of the energy and natural resources team, the dispute team represented MMC Oil & Gas Engineering in a dispute concerning the termination of subcontracts with PT Tamarona. The firm also advised PT Perusahaan Gas Negara in a decision by the Dispute Adjudication Board.

Assegaf Hamzah & Partners

Assegaf Hamzah & Partners’ very strong litigation team is at the forefront of competition law developments in Indonesia having acted as counsel to national carrier Garuda Indonesia in a ground-breaking competition law dispute. This saw the District Court overturn the Business Competition Supervisory Commission’s decision that Garuda had taken part in an airline cartel established to maintain fuel surcharges.

Budidjaja & Associates

Housing a strong group of litigators, Budidjaja & Associates enjoys an excellent reputation for disputes work. The firm represented PT JAIC Indonesia, a venture capital consulting business, in its dispute with state owned enterprise PT Istaka Karya (Persero) over Istaka promissory notes.

Hutabarat Halim & Rekan

The firm’s founding partner Pheo M Hutabarat is “an expert in commercial dispute resolution”, says one rival partner. The firm acted as legal counsel to the Lippo Group in connection with the termination of 100 employment contracts of employees of PT Kymco Lippo Motor Indonesia. The matter was heard in front of the Labour Court in Jakarta.

Roosdiono & Partners

Roosdiono & Partners represents clients from various business sectors in settling disputes in connection to Indonesian arbitration, civil and construction law. The firm advised PT Daysun Jaya Satu in filing a lawsuit against PT Archipelago Trading & Service Corporation over the purchase price of a property in Jakarta.

Soewito Suhardiman Eddymurthy Kardono

Soewito Suhardiman Eddymurthy Kardono is very experienced in handling matters for Singapore-based international law firms in conjunction with arbitration hearings for multinational companies. The firm is also adept at handling litigation cases. It acted as Indonesian counsel for PT Aperni Pratama Ocean Line and assisted the Indonesian law firm Kailimang & Ponto in the successful defence during bankruptcy proceedings made by the Korea Securities Finance Corporation.

Assegaf Hamzah & Partners’ work in the electricity sector expanded significantly on the back of the Government’s power sector development programme.

This year’s highlight was the ongoing representation of a number of project companies involved in the development of geothermal power plants in Indonesia.

Other notable work included representing PT Berau Coal Energy in its US$400 million credit facility arranged by Credit Suisse. It also advised Berau Capital Resources and PT Berau Coal Energy on the issuance of US$350 million 12.5% guaranteed senior secured notes.

Assegaf Hamzah & Partners

Assegaf Hamzah & Partners represented the sole distributor in Indonesia of telecommunications products manufactured by a Taiwanese company in a complex trade mark litigation case. The busy year continued when it represented PT ThinkSmart Ide Brajendra, a rapidly expanding internet-based advertising agency, in the registration of its portfolio of trade marks.

Cita Citrawinda Noerhadi & Associates

Cita Citrawinda Noerhadi & Associates’ commitment to professionalism assists IP owners who demand protection of their assets. The firm has experience and expertise in the protection of IP rights, and also advises clients on unfair competition law.

Kusnandar & Co

Kusnandar & Co has been representing high profile multinational corporations on intellectual property transactions including licensing, franchising and representation in disputes.

The firm advised 3M Company on a cancellation action against Gunawan Halim’s registration for ESPE & Device in Indonesia.

Assegaf Hamzah & Partners

Assegaf Hamzah & Partners has a strong record in representing individuals and corporations on employment matters. The firm is particularly adept at general advisory work on the complex rules governing the employment of expatriates in Indonesia. A classic example of the team’s ability was representing a company in its pursuit of a number of senior employees accused of misusing their positions in the company for purposes of self-enrichment.

Roosdiono & Partners

Roosdiono & Partners is renowned for frequently representing employers in employment dispute resolution cases. The firm has built a strong client base through advising businessmen and companies of their rights and obligations under Indonesian law. The firm is also very familiar in handling mediation cases.

Ali Budiardjo Nugroho Reksodiputro

Ali Budiardjo Nugroho Reksodiputro has experience in the representation of all areas of the shipping and maritime industry. The practice is especially skilled in handling cargo claims, liability issues, vessel mortgaging and charter disputes. The team is acting for Lonergan Overseas over claims relating to a wreck removal plan of the MV Hyundai 105 after collision with VLCC Kaminesan in 2004.

Assegaf Hamzah & Partners

The year 2010 saw this firm’s shipping, maritime & aviation practice’s involvement in a number of high profile matters. The team advised International Finance Corporation on its US$35 million loan facility to PT Trada Maritime, which is the largest floating oil storage operator in Indonesia. Another transaction was defending the state airport’s operator PT Angkasa Pura against charges that it operated a monopoly in its warehousing division to the detriment of international cargo airlines.

Makarim & Taira S

Makarim & Taira S is predominantly known for its expertise in the corporate, commercial and finance sectors, but it has significantly strengthened its reputation in the shipping, maritime and aviation sectors. It represented Dubai Aerospace in a purchase and lease back transaction of eight Boeing 737-800 aircraft for PT Garuda Indonesia. The team also advised RBS Aerospace in the lease of two Boeing 737-800 aircraft to Garuda.

Oentoeng Suria & Partners

Oentoeng Suria & Partners has extensive experience in advising on shipping law and shipping transactions. The firm is particularly adept at work covering the structuring and financing of shipping joint venture investments. A notable highlight was advising the Bank of International Indonesia and PT Sillo Maritime Perdana in the acquisition of a cargo ship from a German company. Upon acquisition, the firm supported the setting up of a Maersk subsidiary shipping company in Indonesia.

Roosdiono & Partners

The aviation practice at Roosdiono & Partners continues to grow and is recognised as a trusted legal adviser to ECA lenders and other financiers. The firm advised CIT Aerospace on the aircraft financing of Airbus airlines to PT Garuda Indonesia. Other notable work includes advising AirAsia on aircraft financing.

Soewito Suhardiman Eddymurthy Kardono

SSEK predominantly acts as Indonesian counsel to a number of multinational shipping companies operating in Indonesia. The shipping practice takes particular pride in resolving cabotage (sabotage) issues for shipping companies. In a high profile case, the firm advised PT Arpeni Pratama Ocean Line on the complex debt restructuring of a large shipping company.