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

Soemadipradja & Taher is recognised by its industry peers as one of the market leaders in the banking and finance sector in Indonesia. The firm undertakes work for major national and international financial institutions, in particular for banks and insurance companies.

“I rate the firm very highly for its banking practice,” says one client, “particularly its ability to be innovative in finding solutions.”

The team, which is led by Dezi Kirana and Linda Widyati, has been busy advising on numerous banking and project finance transactions. For example, the firm advised ANZ Banking Group on various structured financing transactions. It also acted for PT Bank Muamalat Indonesia on a rights issue.

Soemadipradja & Taher is recognised by industry peers as one of the market leaders in the M&A space in Indonesia. The firm’s depth of talent and expertise has the team working on some of the largest M&A transactions in the country.

A firm team advised Vallar Plc on its US$3 billion acquisition of 75% of PT Berau Coal Energy and 25% of PT Bumi Resources in a cash and stock transaction. Another highlight was advising Sherritt on its acquisition by way of earn-in of a controlling stake in Rio Tinto’s Sulawesi nickel project in Indonesia.

Soemadipradja & Taher is especially competent in offering valuable advice on commercial, retail, residential and industrial developments.

The team assisted various resource and plantation companies on land acquisitions in respect of proposed projects. This involved advising on the nature of different land titles, including rights to own and build, customise land and verifying land title documents.

Other active work undertaken by the firm includes representing a heavy equipment manufacturer in a land ownership dispute in the relevant Indonesian courts.

Soemadipradja & Taher’s dedicated dispute resolution team is recognised by peers as one of the market leaders in this area. Practice leader Hafzan Taher, together with Linda Widyati, lead a team that is also noted as the largest in Indonesia.

This past year saw it continue to represent Newmont’s Indonesian subsidiary on various matters. These include arbitration proceedings under UNCITRAL Rules over a dispute with the Indonesian Government in respect of work contracts.

Another highlight was successfully representing the division of United Technologies Corporation responsible for aircraft engine manufacture. This concerned a number of claims before the Indonesian courts in relation to alleged product defects in respect of an airliner crash in Indonesia.

Soemadipradja & Taher is one of the market leaders in the minerals sector, and advises clients on complex projects, new mining laws and implementing regulations on some of the most significant transactions in Indonesia.

These include acting on Tata Power’s US$1.1 billion acquisition of a 30% stake in Bumi Resources coal assets, BHP Billiton’s Maruwai Project comprising seven coal Contract of Work companies, Vallar’s acquisition of stakes in Bumi and Berau, and Sherritt’s acquisition by way of earn-in of a controlling stake in the Sulawesi nickel project in Indonesia.

Soemadipradja & Taher’s practice acts for bodies responsible for formulating and commenting on cutting-edge developments in IP including the Indonesian Anti Counterfeiting Society and the Indonesian Intellectual Property Society.

In another strong year, practice leader Justisiari P Kususmah led a team acting for high end fashion companies, including HUGO BOSS Group, Guccio Gucci S.p.A. and Chanel S.A.R.L, in trade mark prosecution, litigation and enforcement matters in Indonesia.

The team also represented major consumer goods companies, including Société des Produits Nestlé S.A. and Perfetti Van Melle S.p.A., in maintaining their trade mark and design portfolios in Indonesia.

Soemadipradja & Taher’s employment practice has extensive experience and expertise advising and assisting clients in all aspects of Indonesian employment law. The past year has seen the firm advising multinational companies, especially mining and insurance entities.

One of the practice’s strengths is advising on industrial relation disputes. For example, it advised PT Newmont Nusa Tenggara on employment matters, which included a strike at a mine site.

The firm also advised Sumatra Copper & Gold and its Indonesian partners on the restructuring of employment contracts and contractor arrangements for its mining ventures in Indonesia.

Another highlight was representing Zurich Insurance Company and Zurich Indonesia on various employment matters following the acquisition of an Indonesian life insurance company.

Soemadipradja & Taher’s practice enters the rankings following a strong year led by team leaders Fadjar Kandar and Nira Nazarudin.

The team advised AWAS on a debt repayment agreement following an airline operator’s default of lease payments under the relevant lease agreement. In a separate transaction, the team also advised AWAS in the suspension of debt payment proceedings at the relevant Indonesian court.

Yet another transaction involved representing Tanker Pacific Management on the implementation of the sabotage principle following the enactment of the 2008 Shipping Law.