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

Hadiputranto Hadinoto & Partners represented UOB Asia on a syndicated financing arrangement. This was in relation to a debt programme agreement amounting to US$2 billion with borrower PT Tower Bersama, which is one of the largest independent telecommunication companies in Indonesia.

“The team is excellent,” says one client. “It is very smooth, provides very quick responses and its advice is always very complete.”

The firm regains its top tier status with mandates on many headline transactions. These include representing DBS Bank on the refinancing of a previous facility given to PT Professional Telekomunikasi Indonesia (Protelindo), which is an independent tower operating company that builds, operates and rents towers throughout Indonesia for mobile operator Base Transceiver Stations.

Hadiputranto Hadinoto & Partners’ M&A capability is more industry or sector focused, and the firm’s lawyers attend the same training, skills development and focus meetings.

Led by Sri Indrastuti Hadiputranto, who is considered to be “one of the pillars and deans of the Indonesian legal market”, according to a partner at a rival firm, the HHP team has continued to prosper. Other notable lawyers in the practice include Mita Djajadiredja, who is described as “very good and knowledgeable” by a client, and Mark Innis, who is “the lawyer that firms love to see on the other side because of his no nonsense execution skills”.

The team advised Recapital Group and Bakrie Group on their sale of 75% of PT Berau Energy shares and 25% of PT Bumi Resources shares to London-listed company Vallar Plc.

Hadiputranto Hadinoto & Partners advises on all aspects of construction law, especially the preparation and negotiation of consultancy and project delivery agreements through to the resolution of disputes in arbitration tribunals.

One client of the firm notes the team’s “professional, responsive expertise in advising on relevant local issues”. Meanwhile, partner Nadia Nasoetion is said to be “very professional, responsive, clear in advice and very familiar with Indonesian legal issues”.

The past year saw the firm advise an industrial estate developer on area documents and management and compliance issues relating to its sale of land. Another notable transaction was advising one of the leading international hotel chains on its proposed management agreement for a luxury service apartment in Jakarta.

Hadiputranto Hadinoto & Partners’ dispute practice team is led by Timur Sukirno. The firm’s impressive practitioners have a significant breadth of experience on local and international arbitration, and corporate commercial litigation.

The team’s clients include multinational corporations, local companies, major international banks and financial institutions.

A highlight last year was advising PT Sodexo Indonesia as one of the defendants in an unlawful tort claim filed by an Indonesian individual before the District Court of South Jakarta.

The firm also represented Biesterfeld International GMBH in disputes against PT Dalzon Chemicals Indonesia. This involved two separate lawsuits brought by PT Dalzon Chemicals Indonesia relating to a quality claim and an unlawful act.

HHP’s energy and natural resources team, led by foreign counsel Luke Devine, is recognised as the preeminent practice in Indonesia.

Recent work includes representing Southern Arc Minerals in its heads of agreement with the world’s third largest gold mining company Newcrest Mining. This was in relation to a joint venture investment in Southern Arc’s Taliwang gold-copper property.

Another transaction was representing Reliance Coal Resources in the acquisition of two companies holding three mining concessions in South Sumatera Province. This milestone acquisition will help to supply coal to India.

Hadiputranto Hadinoto & Partners covers a broad spectrum of IP work, especially excelling in trade marks, patents and copyrights. This premier firm retains its top tier status with another strong year filled with high quality and complex transactions.

The team advised Hasbro Inc in a cancellation action at the Commercial Court in Jakarta against a local PLAYSKOOL trade mark registration for apparel products and retail services owned by a local company.

Other transactions include representing EI du Pont de Nemours & Company in its trade mark rights and related plant cultivation rights enforcement action against local parties domiciling in West Java, Indonesia.

The team is also advising Hallmark Cards in taking over trade mark portfolio management works including, but not limited to, various trade mark searches, new application filings, renewal filing applications, responses to initial rejections and overcoming opposition filings against third party trade mark applications.

Hadiputranto Hadinoto & Partners’ labour and employment practice sources its own mandates as well as discharging work obtained from affiliate Baker & McKenzie.

The firm advised one of Asia’s leading agro business companies on negotiating the departure of the sole Indonesian national director of its Indonesian subsidiary. This complex case required the removal of the director under the Company Law.

Another highlight was advising a leading international technology provider on employment law matters such as the transfer of employees and the employment of foreigners.

HHP’s tax team covers a broad range of corporate Indonesian tax and international tax planning matters. Although the team has been involved in several high profile tax controversy disputes with the tax authority, it also focuses on various trade related matters.

The team advised a group of drilling companies in a case involving fiscal corrections made by the Indonesian Tax Authority (ITA), in which the ITA took the view that the services provided by the client could not be considered as drilling services. Consequently, the income of the client and its expatriates should be subject to a normal tax rather than enjoying a special tax calculation under the deemed profit arrangement.

The team also represented a marketing research company in Indonesia in its civil review in connection with Value Added Tax on services provided to non-resident taxpayers at the Supreme Court.