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

“Soewito Suhardiman Eddymurthy Kardono is a very well known and respected project finance firm,” says one partner at a rival firm. “The firm produces strong work generally and I’ve found its responses are well thought out,” adds a client.

SSEK’s banking team advised Chartis Insurance (formerly AIU Insurance) on the restructuring of PT Chartis Indonesia, which is one of the largest insurance companies in Indonesia. The firm worked closely with the Indonesian Insurance Bureau, the Ministry of Finance and the Capital Investment Coordinating Board.

The team also represented Axis Bank of India in the financing of GMR’s acquisition of a mining company in Indonesia. This involved extensive due diligence and regulatory advice on issues and requirements in the mining sector including licensing, environmental and operational matters.

“Soewito Suhardiman Eddymurthy Kardono is a very professionally run firm,” says one client. “Its work product is quite clear and the firm has high professional standards and is very knowledgeable in its understanding of Indonesian law.”

SSEK advised Toyota in establishing a joint venture company in Indonesia with PT Astra Otoparts, and in acquiring the existing compressor production business from PT Denso Indonesia.

The firm is advising Robust Resources on its acquisition of up to 75% of the interest in Indonesian gold mining company PT Gemala Borneo Utama. This complex transaction involved unique issues of foreign investment in a mining company – now permitted under Indonesia’s Mining Law – forestry issues and transitional issues under the Mining Law.

Soewito Suhardiman Eddymurthy Kardono has a “strong real estate team, especially on hotel related projects”, says one competitor.

Renowned for its ability to counsel developers, borrowers and lenders on all types of real estate transactions, the team has had another strong year. For example, it successfully helped PT Bali Bias Putih in complex land negotiations with multiple owners to obtain a long term lease for over 125 hectares for a resort development. The firm then helped PT Bali Bias to finance the project with a mortgage over the leased land.

It also advised PT Energizer Indonesia in acquiring three large tracts of land in Depok from PT Union Carbide Indonesia.

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.

SSEK’s long experience of advising international clients in mining services, hauling road construction, ports and shipping facilities is “highly commendable”, says a rival partner.

The firm has unmatched expertise in the shape of partner Ira A Eddymurthy, and foreign legal advisers Darrell R Johnson and Michael S Carl.

The firm advised Adani Group India and its Indonesian subsidiary, PT Adani Global, in connection with a US$1.6 billion rail and port infrastructure project in South Sumatra. This involves the construction of a 270 kilometre coal railway, a coal terminal and Tanjung Api-Api port.

Another highlight was representing PT Kideco Jaya Agungin in negotiations with the Indonesian Government for the amendment of its coal contract of work.

SSEK is well regarded for “its experience in advising large international clients with dispute settlements and the full range of employment matters”, says one client.

The past year has seen the employment team maintain its high standards on employment contracts, severance matters and personnel policies. For example, the team successfully protected MARS from unnecessary costs when a former employee filed a claim against the company for damages due to unfair dismissal and discriminative treatment.

Another highlight was advising McDonald’s in a claim lodged by former employees of a local affiliate who were unhappy with the sale of the company. An agreement was reached with the new owners honouring their years of service. However, the employees then recanted and demanded compensation. The decision from the Labour Court and the recommendation from the National Commission of Human Rights went in favour of McDonald’s.

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.

Soewito Suhardiman Eddymurthy Kardono’s tax practice is highly regarded for its ability to assess tax implications in complex structuring and investment matters.

The team advised McDonald’s in a complex tax restructuring case that received significant media coverage. The matter involved millions of US dollars being settled under UNCITRAL International Trade Commission and Singapore International Arbitration Centre rules.

The team also advised Chartis Insurance (formerly AIU Insurance) in connection with the restructuring of PT Chartis Indonesia, one of the largest insurance companies in Indonesia.