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

One client of Mochtar Karuwin Komar commends the firm’s banking and finance team as having “technical skills and expertise that are, without doubt, one of the best in Indonesia”.

The banking team last year advised Barclays Bank on the post closing integration issues connected with the rebranding of PT Bank Akila as PT Barclays Bank Indonesia. This included advising on various contractual matters, regulatory review and transitional issues.

Mochtar Karuwin Komar has an extensive M&A practice in all major economic sectors. The firm specialises in advising on alternatives to foreign direct investment, such as the establishment of new companies and other entities permitted under Indonesia’s investment, banking and natural resources laws.

“The firm works with foreign and domestic investors in developing and implementing investment strategies in virtually all areas of the economy,” says one client. “Its advice is always unique and outside the box.”

The firm completed the due diligence of Indonesian business group Mayapada on its merger with Malaysian financing company Ethos.

Mochtar Karuwin Komar has built a nice reputation representing investors and lenders on construction issues relating to water systems, toll roads and gas pipelines.

The practice, which is led by Indajani K Halim, represented Doosan Heavy Industries & Construction in connection with project construction matters. The team also advised Foster Wheeler on the establishment of joint ventures for oil and gas servicing and construction consulting.

Mochtar Karuwin Komar is involved in all aspects of the hard mining sector. The team has strength representing mining companies as borrowers, as well as banks lending to the mining industry. It also has extensive experience with secured project lending in the mining sector.

Practice leader Emir Kusumaatmadja is highly recommended and is consistently praised for his “analytical skills and outstanding work”, says a competitor.

The firm represented Foster Wheeler on the establishment of joint ventures for oil and gas servicing and construction. Other notable transactions include advising a consortium of bidders for the development of a super-critical coal-fired power plant in Central Java, and representing ICICI Bank on a credit facility relating to Indonesian coal mining assets.

Mochtar Karuwin Komar’s expertise in contract labour agreements, union and collective bargaining, and personnel policies and practices, is highly regarded by peers. One competitor notes: “The firm houses a nice employment team.”

The firm had a busy year advising Clifford Chance and a Hong Kong based law firm on labour matters. It also provided due diligence for a major Korean law firm on Indonesian employment regulations, and advised on disputes for a foreign pharmaceutical company.

Mochtar Karuwin Komar’s shipping, maritime and aviation practice retains its status as one of the best in Indonesia after another strong year. Partner and team leader Enny Purnomo Widhya is “definitely one of the best aviation lawyers in Indonesia”, says a competitor.

The team represented a syndicate of banks in connection with US$75 million loan facilities made available to an Indonesian joint venture shipping company.

Other notable transactions include advising a bank on the sale and leaseback of four chemical tankers, and representing another bank on a bridging loan, a term loan and performance bond facilities made available to an Indonesian joint venture shipping company.

Mochtar Karuwin Komar’s global contacts and extensive international clientele provides plenty of transactions for the firm’s tax team. With extensive expertise on tax issues connected to large corporate transactions, the team is constantly required to represent clients in the Indonesian Supreme Court.

The past year saw the firm advising various foreign companies on Indonesian tax law on commercial tax disputes, and provide legal support to various foreign companies before the tax court.

The team’s strong track record in tax litigation was further tested when the firm represented various foreign companies before the Supreme Court in connection with tax matters.