Our Service

Banking and finance related legal issues could affect nearly anyone whose engaging in a business activities.  The today’s trend is every business owner might rely on banking service for operating account, making transfers, paying standing orders and doing transaction in foreign currency.
Modern economic system also put business owner to involve in complex financial deal in which business owners need some financial services provided by financial institution such as banks, insurance companies, venture capital, accountancy companies, stock brokerage and some government sponsored enterprise.

The nature and complexity of the financing contracts varies depending on the type, structure and level of financing involved. A business might require financing for the business development , acquisition of a company or a property, or for the construction of a new project. Clients are diverse and cross-sector, including investment banks, large corporates, investor and others.

From simple lending structures to complex regulatory regimes, banking and finance solicitors help borrowers and lenders to navigate the often complex legal framework that underpins borrowing and lending in the global economy. The day-to-day work of a banking and finance solicitor involves drafting and negotiating the contracts that set out the terms of various debt-funding arrangements.

A company or personal who involves in dealing with finance and banking business arrangement would also deal with the related arrangement from simple lending structures to complex regulatory regimes, Banking and finance lawyers are able to assist borrowers and lenders to handle the often complex legal framework including drafting and negotiating the contracts that set out the terms of various debt-funding arrangements.

What can we provide you with: our attorneys are ready to assist you in the area of Banking, Contract drafting, equity and trusts as well as tax matters.  Our attorney also experienced in assisting the debtor party in drafting and negotiating infrastructure loan with project value up to 3 Trillion Rupiah.  We are ready to give prompt and pragmatic advice to clients, deliver products in a commercially focused manner.

Construction law involves any legal issue related to the construction of a building or other structure. Legal issues related to construction activities can arise under the existing law and regulations   such as workplace safety regulations and employment law, can impose requirements on worksites and hiring practices. Local Government and/or Government institutions as Project Owner may impose additional regulations on top the Central Government existing law and regulations.

With all of the levels of government playing a role in construction regulation, legal issues can arise in a number of ways. Common construction-related legal disputes include workplace injuries and accidents, construction defects, contract issues, and problems with obtaining the proper planning or building permits.

The Government contracts play a large role in construction law. When bidding on a government construction project, contractors must pay close attention to the specifications of the contract to ensure that they will be able to comply with any additional requirements. Because the law related to government contracts is constantly changing, many contractors bidding on government work may need legal counsel to assist them in dealing with contract preparation, negotiation and during its implementation.

Financial issues are some of the most common types of legal issues that can arise during a construction project. Some construction projects go with huge additional budget to be paid due to unanticipated labor, materials costs, or additional time required to finish the jobs. Alternatively, some customers refuse to pay construction companies for a finished product that does not meet their expectations. When these legal issues arise, the project owner, construction companies and contractors have a variety of legal options, ranging from suing for breach of contract, implementing the penalty, and liquidating the performance bond to claiming the losses through a court litigation or arbitration. Many project owner as well as contractors seeks legal help immediately upon notice of a facing financial dispute in order to protect all of their legal rights.

What can we provide you with: Our attorneys can provide a broad range of legal services to project owners, contractors and sub-contractors before, during, and after the completion of construction. Our attorneys can assist clients when facing the resolution of disputes or claims which have arisen during construction of a project, either by negotiation, mediation, arbitration or litigation, they can and do render other legal advice and assistance to clients to help accomplish the goals of successfully completing their work on time and within budget and also to minimize or avoid disputes and other problems arising during the performance of the work.

We understand that when a policyholder who has paid insurance premiums submits a claim to their insurance company, they expect the insurance company will act in good faith and honor the validity of the claim. However, many times the insurance company does in the situation expected by the policyholder.

Disputes often arise after an insurance company denies a valid claim, many times without a legitimate reason or explanation. Insurance companies will generate a greater profit when policyholders do not file claims or fail to collect on claims submitted under their policies.

With more than 30 years of experience in insurance matters, our sr. attorney supported by his team is ready to help clients recover the insurance benefits to which they are entitled. We understand that clients insurance company has resources to hire experts to protect their business interest against ‘any claim. Our law firm has the experts to handle the clients claim against clients own insurance company.

What can we provide you with: In addition to handling the insurance claims disputes, our attorneys are ready to handle a wide variety  of insurance practice area in general and life insurances.

Having business in ground transportation field is now becoming interesting in Indonesia, especially in DKI Jakarta.  Heavy traffic jam, insufficient public transportations, slow development of roads not in balance with the development of private vehicles, made the Provincial Government of DKI Jakarta makes a great efforts in resolving the ground transportation problems.  Data shows that losses resulting from congestion in Jakarta reaches up to Rp 65 trillion per year, and many programs have been implemented in the effort to solve the problems including the Electronic Road Pricing System, Development of Transjakarta System, Electronic Ticketing System, and Expansion of the existing Mass Transit.

The business scheme for such program usually involves the Provincial Government as the project owner and the Private Entity as the goods and service provider.  Specific laws and regulations regarding are apply to the cooperation or the transactions that sourcing from the state fund, thus it is important for you to have an attorney with experience in handling the transactions of such nature in the procurement process, drafting and negotiating the contract, and the project implementation.

What can we provide you with: Our attorneys are experienced in providing the legal services to the Indonesian Government and assisting projects that use the state fund as the source of payment.  We can assist you in the preparation of the tender documents, Aanwijzing, providing legal opinion, or negotiating the draft of the project contract on your behalf.  We will ensure to protect your business interest and in the same time providing you with perspective from the project owner point of view, as the misuse of a state fund may expose you to criminal offence.

Oil and Gas Upstream Oil and Gas business activities consist of exploration and exploitation. The Government through a state owned legal entity called SKK Migas controls these activities.

The primary roles of SKK Migas are:

• making recommendation to the Minister of Energy and Mineral Resources about the issuance of working areas:
• assessing plans for the development of fields;
• signing joint cooperation contracts;
• approving work programs and budgets; and supervising join cooperation contracts with contractors on behalf of Government.
• Controlling procurement process between Production Sharing Contractors and their Service Contractors.

Pursuant to the Indonesian Mining Law, mining business can be divided into two types:

• Mineral mining ; and
• Coal mining

The classifications of mineral mining are:

1. Mining of radioactive mineral, including radium, thorium, uranium, monazite and other radioactive minerals;
2. Mining of metal mineral, including lithium, beryllium, magnesium, kalium, calcium, gold, copper, silver, lead, zinc, tin, nickel, manganese, platinum, bismuth, molybdenum, bauxite, mercury, wolfram, titanium, barite, vanadium, chromite, antimony, cobalt, tantalum, cadmium, gallium, indium, yttrium, magnetite, iron, galena, alumina, niobium, zirconium, ilmenite, chrome, erbium, ytterbium, dysprosium, thorium, cesium, lanthanum, niobium, neodymium, hafnium, scandium, aluminum, palladium, rhodium, osmium, ruthenium, iridium, selenium, telluride, strontium, germanium, and zenotime;
3. Mining of non-metal mineral, including diamond, corundum, graphite, arsenic, quartz sand, fluorspar, criolite, iodine, bromine, chlorine, sulfur, phosphate, halite, asbestos, talc, mica, magnesite, yarosite, ocher, fluorite, ball clay, fire clay, zeolite, kaolin, feldspar, bentonite, gypsum, dolomite, calcite, chert, pyrophillite, quartzite, zircon, wollastonite, limestone, dolomite, yarosite, tawas (alum), quartz rocks, perlite, rocksalt, clay, and limestone for manufacturing cement; and
4. Mining of rocks that include pumice, trass, toseki, obsidian, marble, perlite, diatomaceous earth, fullers earth, slate, granite, granodiorite, andesite, gabro, peridotite, basalt, trachyte, leucite, ball clay, soil fill, pumice, opal, Chalcedony, chert, quartz crystal, jasper, chrysoprase, silicified wood, gamet, jade, agate, diorite, topaz, large quarry rock piles, excavated hill gravels, river gravels, river rocks, river gravels sieved without sand, sand fill, sieved sand, natural sandy gravels, onyx, seasand, and sand which does not contain metal minerals.

Coal mining includes solid bitumen, asphalt, colt, and peat.

What can we provide you with: Based on more than twenty years of our partner experiences in oil & gas and mineral & coal matters, Insurance, Manpower and litigation matters we can advise on clients operations in general business, oil & gas, and mineral & coal mining activities, including but not limited to land matters, investment, farm in and farm-out agreements, procurement procedure and service contracts, project development and finance, construction and engineering contracts, human resources and labor relations including negotiations with Labor Unions in preparation for a Collective Labor Agreement, employee benefit and pension fund.

We have experience in handling the broad spectrum of domestic and insurance coverage and claim settlements, from the risk assessment to insurance contract negotiations and placement for the general and life insurances, including insurance of assets, project insurance, products liabilities, Comprehensive General Liabilities, Workman Compensation, environmental, land-marine and air transportation.

Mergers and acquisitions (M&A) is the area of corporate finances, management and strategy dealing with purchasing and/or joining with other companies.  M&A is an interesting choice for some people who does not wish to set up a business vehicle from zero, as it is more convenient and practice solution to have an entity that is already legally prepared and own complete licenses.

In other cases, M&A scheme is being used to create shareholder value over and above that of the sum of the two companies, as it is more valuable than two separate companies (one plus one makes three).

The regulation concerning M&A in Indonesia is various, depending on the type of the limited liability company and the value of the M&A.  If the M&A involves foreign investors, the M&A will also become subject to the law regarding foreign investment, negative lists for foreign investment, and guidelines issued by the Investment Coordinating Board.

A certain value of M&A, the implementation must also conform to the law regarding the prohibition of monopoly and unfair business competition, and for a public company which intends to conduct M&A the regulations on capital markets apply.

What can we provide you with: The mechanics of M&A and the procedure to follow through under the laws and the Articles of Association must also carefully being observed to avoid any future problems from the stakeholders or any third parties.  Our attorneys will assist you in all process of the M&A, drafting you the basic written contract or statement letter, or should you require a legal due diligence over a target company to mitigate any transfer of unwanted liability.

We are aware that some of our client personal family problem may affect their business, especially for a decision maker level.  Our lawyers are able to help our clients who have a personal legal problem in relating to the family law in Indonesia which need to be solved, so they can maintain their focus in the business activities.  We are also experienced in drafting a prenuptial agreement for marriage between an Indonesian citizen with a person of different nationality.

We are aware that some of our client personal family problem may affect their business, especially for a decision maker level.  Our lawyers are able to help our clients who have a personal legal problem in relating to the family law in Indonesia which need to be solved, so they can maintain their focus in the business activities.  We are also experienced in drafting a prenuptial agreement for marriage between an Indonesian citizen with a person of different nationality.

To establish a business in Indonesia, it is important to choose your business vehicles.

The category of the business vehicles usually separated into a form of a legal entity or a business entity.  The differences between the two categories are a legal entity recognizes the separation of the assets of the owners/founders/ shareholders and the established entity, while a business entity does not.  The type of vehicles of the legal entities may include a limited liability company or usually known as PT, a Co­operative/Koperasi and a Pension Fund/Dana Pensiun.  Business entities may be in the form of a Firm/Firma, Civil Partnership/Persekutuan Perdata, Permanent Establishment And Limited Partnership/Comanditer Venootschap (CV), Representative Office/Kantor Perwakilan.

Each type of business vehicles you choose may affect your personal liability that may lead to your private assets.  Also, certain business activities may require you to establish a specific limited liability company.

If you are a foreigner wishing to establish business vehicles in Indonesia, and you do not consider yourself may require a local legal entity for your investment plan, you could choose to appoint a Indonesian Agent or Distributor, or you may firstly set up a Representative Office. It is common for foreign investors at the early stage of entering the market in Indonesia choose make arrangement with the Indonesian Agent or Distributor under Agency or Distribution Agreement or setting up a Representative Office.  After the business starts to grow or you may wish to apply for a certain procurement process directly, you can start consider doing a direct investment by establishing a Foreign Investment Limited Liability Company or commonly referred by its Indonesian acronym as Penanaman Modal Asing or PT. PMA.

Establishing a PT. PMA for you may be an easy task, as you may already be introduced to some Indonesian Notary or Law Firm when you researching the market in Indonesia, and there are many firm providing such services nowadays.  However, when you wish review the draft of the Deeds of Establishment/Articles of Incorporation in the process, or you wish to insert a customized reserved matters clause, or in determining the appropriate business classification code in accordance with your company’s scope of business, you may find difficulties if the Notary or the Law Firm you appointed is unable to carefully comprehend what you want or limited in drafting skills.  The careless and inadequate skills in drafting of the company’s establishment document may cause you a problem in the future, whether in the procurement due diligence process, when the established PT. PMA are applying for a specific business license, when conducting business in general, or when you wish to conduct any corporate actions for your own interest.

What can we provide you with: Our attorney will always ensure the establishment of your business in your best interest, by providing you with complete explanations on systematic requirements, understands your need, and assisting you in liaising with the Notary or public officials.

Under the prevailing laws in Indonesia, any documents entered into with the Indonesian must be translated or made into Indonesia language.  The law also applies to any formal correspondences in your day-to-day business activities.

An absence of an Indonesian language version in a contract may be considered as a violation of law, which caused Indonesian counterparty the opportunity to resile from the contract and potential defense in the dispute proceedings that such contract to be null and void.  To avoid this problem and to ensure the transaction is indisputable due to such reason, it is strongly recommended that when entering into a contract which is subject to Indonesian law or which involves an Indonesian entity that the contract incorporates a Indonesian translation of the terms.

What can we provide you with: Our attorney and registered sworn translator are able to assist with both the drafting and translating of the full range of legal documents whether in Indonesian language or English including power of attorney, letters, insurance policy, commercial contracts, phrasebook, modules, individual documents, etc.  We always maintain our quality in translating our client’s document, and our attorney’s experiences in drafting various type of contracts and deeds in English and Indonesia language has increase the accuracy of the used terms and sentences.

Preventing and managing disputes well reflects our commitment to excel in providing quality service to our clients.  We believe in a certain level, a legal dispute may cause a contra productive condition towards client business objectives and reputation.  However, legal dispute may be a final resort for our clients in obtaining their rights, or in defense of their rights from a substantial amount of claim.

What can we provide you with: We help our clients resolve disputes efficiently and effectively – whether through negotiation, mediation, arbitration, or court litigation – in a manner that promotes their business objectives and reputation. We provide litigation services to assist the client for civil, administrative law, criminal law and industrial dispute proceedings. We have particular expertise in managing complex, multi-faceted cases involving multiple claims and parties. We also have substantial experience and good record of accomplishment in the Indonesian Courts of all levels.