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

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.

Hiswara Bunjamin & Tandjung’s dedicated natural resources practice works closely with the leading global energy practice of Herbert Smith.

The combined HBT/Herbert Smith team has extensive experience over many years with major mining projects in Indonesia, and is recognised for its market leading reputation in mining related matters in the country.

The firm advised Thailand’s largest coal miner Banpu on the US, UK, Singapore and Indonesian law aspects of the US$400 million sale of an 8.7% stake in its listed Indonesian subsidiary PT Indo Tambangraya Megah.

Another highlight was advising Kangean Energy Indonesia on its US$875 million 10-year charter contract with BW Offshore for a floating production unit to operate on the Terang Sirasun Batur gas fields in Indonesia.

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.

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.

Widyawan & Partners is associated with Australian firm Allens Arthur Robinson and specialises in energy, resources and infrastructure projects. The firm is led by managing partner Widyawan and he is ably supported by Gatot Triprasetio, Anhar Rivai and Yolanda Hutapea, and foreign legal consultants in Indonesia.

This past year saw the firm advise Inpex on its Masela LNG project in Indonesia, which is one of the largest oil and gas projects in Southeast Asia.

It also advised Bappenas on various infrastructure projects and represented PT Pertamina in the multi-billion negotiation of an extension with LNG sales contracts.

Lubis Ganie Surowidjojo’s energy and natural resources practice is “very experienced in coal and mineral mining, and infrastructure projects”, says a rival partner.

The firm’s experience in handling projects in the fields of mining and energy is highly regarded by peers, with the team assisting on numerous major transactions in the mining sector.

Practice leader Abdul Haris Muhammad Rum has “extensive knowledge of the mining industry”, says a rival partner. He led a team advising the Ministry of Finance, and Indonesia Infrastructure Guarantee Fund as guarantor, on infrastructure guarantees for the Central Java Power Plant Project.

Another notable transaction was advising Allestari Development on its acquisition of North Maluku-based coal mining company PT Alam Raya Abadi.

Makarim & TairaS has strong connections both domestically and internationally, and this allows its energy and natural resources team to maintain and develop work relating to power plants and coal asset acquisitions.

Highly regarded partner Pudji Purbo is “commended for her knowledge and execution skills”. She recently led a team advising Genting Sanyen on its mining investments and related regulatory provisions.

Another highlight was advising consortium, which included Marubeni Asian Power, Korean Midland Power, PT Tripatra and Samtan, in the development of a coal fired steam power plant in Cirebon, Indonesia.

Other notable transactions include advising Asia Resources Holdings and ESCO Corporation in the acquisition of a mining trading company and a mining company, respectively.

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.

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.

Bahar & Partners enjoyed another strong year representing domestic and foreign investors, as well as mining companies, in numerous acquisitions of shares and legal issues relating to contractors.

This year’s highlight was advising East Asia Minerals Corporation in its acquisition of numerous advanced gold and gold copper projects in Indonesia. East Asia Minerals is a mineral exploration company focused on acquiring and advancing world class East Asian gold and copper gold assets.

Makes & Partners

Makes & Partners’ strong project finance practice works hand in hand with its energy and natural resources team. The firm advised on the IPO of one of the largest plantation companies in Indonesia. Another notable transaction was acting as counsel to state owned PT Krakatau Steel in its IPO.

Melli Darsa & Co

Melli Darsa & Co has extensive experience advising on oil and gas mandates. Practice co-leader David Siahaan is seen on “numerous M&A transactions for natural resources projects”, says one competitor. The firm advised HSBC on its collaboration with six other banks to provide a US$250 million unsecured syndicated term loan facility to PT Transportasi Gas Indonesia.

Oentoeng Suria & Partners

In 2011, Oentoeng Suria & Partners announced its merger with Susanto & Partners. The firm’s energy and natural resources practice was consequently boosted and is now led by Atik Susanto, who joined with his team of 13 dedicated mining lawyers. The new team acted for Mercuria Energy Trading group, one of the world’s five largest private energy traders, on its acquisition of a third generation CCoW in Kalimantan.

Roosdiono & Partners

Roosdiono & Partners has been involved in at least three independent power plant projects in Indonesia, while its energy and natural resources practice group has enjoyed steady year-on-year growth.

Highlights include advising Kariangau Power on the proposed development of 2 x 15MW coal fired power plant projects, and on a multi-jurisdictional M&A involving parties from three jurisdictions all trying to secure high grade resources from Indonesia.