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Our Clients

 

  • Adidas Group
  • ConocoPhillips Indonesia Ltd
  • Electronic Solution
  • PT. Pertamina Hulu Energy ONWJ
  • Salim Group
  • Xella Baustoffe GmbH, Germany

Monday, 03 November 2014 14:27

Advokat Muda Dengan Segudang Pengalaman

 
Diantara puluhan ribu advokat saat ini tak banyak diantara mereka yang berkesempatan dan dipercaya untuk menangani perkara-perkara high profile sebagaimana yang pernah ia alami waktu bergabung dengan salah satu kantor hukum besar di Jakarta hingga saat dia membangun kantor hukumnya sendiri bersama rekan-rekannya. Defrizal Djamaris adalah seorang advokat muda yang sukses, sejak duduk di bangku SMA ia bercita-cita ingin menjadi seorang advokat kelak,dan kini impiannya telah terwujud. 

REPUBLIKA.CO.ID, JAKARTA -- Jaksa Muda Pidana Khusus (Jampidsus) R Widyo Pramono meminta pengacara bermasalah untuk tidak berkeliaran di Kejaksaan Agung (Kejakgung). Para pengacara tanpa kepentingan dinilai dapat berpotensi melakukan perbuatan melanggar ketika bertemu dengan jaksa.

Monday, 03 November 2014 13:58

Acquisition of Mining Company

Mining Industry in Indonesia is increasingly growing. It is characterized by the increasing number of investors who invest in the mining industry. The tender requirement implemented by the Government in order to obtain the new mining business license (IUP), however, makes an acquisition of an existing mining company as a preferable method to invest in mining business in Indonesia. 
 
The acquisition of mining company has been regulated in Minister of Energy and Mineral Resources Regulation Number 27 of 2013 on Procedures and Determination of Share Divestment Prices and Changes of Investment Particulars in the Mineral and Coal Mining Business (“Regulation 27/2013”). Pursuant to this regulation, any change in investment including shares acquisition, may be conducted by the business entity engaged in mining business after obtaining the approval of the minister, governor, or regent/mayor in accordance with their authority.
 
The change of shares ownership shall be made with reference to the provisions of the share ownership restriction as stipulated in Article 27 paragraph (1) and (2) of Regulation 27/2013. Under these provisions, a change of foreign ownership to the company in the stage of exploration may only be conducted when the foreign shares ownership is limited to 75%. Meanwhile, for the company that has been in stage of production may be conducted when the foreign ownership is limited to 49%. With those requirements, a foreign investor wishing to acquire shares of a mining company is prohibited to own share in excess of the above percentage. For an example, if a foreign investor owning 90% shares in a mining company in the stage of exploration wishes to sell all of its shares to another foreign owner, then the maximum foreign ownership in the company will be permitted only up to 75%, and the extra 15% would need to be sold to Indonesians (domestic investors). Similarly, if the company is in the stage of production, then the foreign ownership is limited to 49% of total shares.
 
The application for the change of shares ownership must be submitted to the minister, governor, or regent/mayor in accordance with their authority, by enclosing a number of documents as required in Article 27 paragraph (5) of Regulation 27/2013. Furthermore, the granting or rejection of the application will be determined within a period of 14 working days as of the date when the application is received completely and correctly. If the application for the change of ownership is rejected, the rejection must be submitted in writing to the applicant along with the reason thereof.
   
 
Since April 2011, Indonesia finally has a new institution on alternative dispute resolution forum for intellectual property rights (IPR) disputes, namely Arbitration and Mediation Board for Intellectual Property Rights (BAM HKI). BAM HKI’s presence is expected to enrich the differentiation of arbitration body in Indonesia, which previously only consisted of Indonesian National Board of Arbitration (BANI), Indonesian Capital Market Arbitration Board (BAPMI) and National Sharia Arbitration Board (BASYARNAS). 
 
In Indonesia, business actors frequently conduct M&A transactions for efficiency and streamlining the company. M&A is also seen as one of the perfect solutions to strengthen their position in the market in order to be able to compete with the others. The M&A transactions, knowingly or not, will affect a competition among business actors in the relevant market as well as impact to the consumers and community.
Monday, 03 November 2014 09:48

Partners


Fadriyadi Kudri

Fadriyadi Kudri holds a law degree from Faculty of Law University of Indonesia (1994) and a Master of Law degree from the University of New South Wales, Sydney, Australia (2002). He has been practicing as a lawyer since 1995.

Prior to establishing KUDRI & DJAMARIS, Fadriyadi was a partner in a major and reputable law firm in Jakarta. During his tenure with the former firm, Fadriyadi was intensively engaged in all corporate and commercial practice of the firm. He advised and assisted overseas and local clients from diverse industries in various types of transactions. He advises and assists clients in the formation of all types companies or other legal entities formation. He advised and assisted clients in the drawing up and negotiation of the joint venture and/or shareholders agreement. He also involved in numerous merger and acquisitions transactions for clients from different industries (including plantations, mining, airline, hotel and manufacture), legal due diligence for the purpose of merger and acquisition as well as in relation to compliance, such as for the Indonesian Bank Restructuring Agency (IBRA/BPPN), in the due diligence projects in respect of the compliance of Master Settlement and Acquisition Agreement (MSAA), Master Refinancing and Notes Issuance Agreement (MRNIA) and Deed of Acknowledgement of Debt (Akta Pengakuan Utang- APU) as well as for PT Holdiko Perkasa in the disposal process of their assets.

He has experience in advising, drafting and negotiating for clients in their commercial transactions relating to the construction and development of office building, apartments, toll road projects, coal supply and others. He advised and drafted for clients on their franchises, hotel management, licensing agreement, sales and distribution agreements for clients in the business of restaurant, hotel, publishing, merchandise and others. He also advised and represented banks or institutions in extending loans to companies from diverse industries as well as in debt restructuring project.

In respect to Employment Law, Fadriyadi Kudri had advised and represented some companies and institutions on the legal aspects regarding mass layoffs as a result of business closure. He also advised for clients in relation to the effect of global merger to Indonesian employees, drafting of employment contract, company regulation and collective labor agreements.

Fadriyadi also has the exposure to the litigation practice and involved in a number of litigation cases of the firm, such as in the following cases:  

  • A German company in a dispute concerning its shareholding in an Indonesian Limited liability company (District Court of South Jakarta);
  • An Indonesian company in an arbitration under SIAC Rules in Singapore concerning shareholders agreement of Joint Venture finance company in Indonesia;
  • A US oil company who also hold a PSC from Indonesian Government in a dispute in BANI Arbitration relating to Tanker Charter Party;
  • Various companies in relation to the civil review process against the Tax Court Judgment;
  • An Indonesian property company in a dispute concerning a claim of rental payments under an office lease agreement in BANI Arbitration;
  • A foreign telecommunication company as one of the creditor during the bankruptcy of Telkomsel (Commercial Court of Central Jakarta District Court);

Fadriyadi Kudri is a member of Indonesian Bar Association (PERADI) as well as a member of Indonesian Receiver and Bankruptcy Administrator Association (AKPI). He speaks Bahasa Indonesia and English. 

He can be contacted at:  This email address is being protected from spambots. You need JavaScript enabled to view it.

Defrizal Djamaris

Defrizal Djamaris holds a law degree from Faculty of Law Padjadjaran University (1999). He started his career as a lawyer in 2000 when he joined a reputable litigation law firm soon after his graduation. After working for a couple of other major and reputable law firms in Jakarta, Defrizal was appointed as a partner at the last law firm he worked with, before he then decided to establish KUDRI & DJAMARIS.

At the former firm, Defrizal was heavily involved in many high profile cases of the firm for clients from different industries. He had exposures in civil and commercial, criminal, administrative law and unfair competition litigations.

In civil and commercial litigations, he advised and represented the followings:

  • CSFB, Merrill Lynch, Lehman Brothers and other investment banks on the dispute concerning a US$185 million bond issue before Serang District Court brought by PT Tripolyta, a large Indonesian petrochemical company;
  • Morgan Stanley Inc. and CSFB, on the tort claim brought by PT Indah Kiat Pulp & Paper and PT Lontar Papyrus Pulp & Paper (both are subsidiary of Asia Pulp & Paper (APP)) before the Bengkalis District Court and Kuala Tungkal District Court concerning US$ 500 million and US$ 550 million bond issue;
  • ConocoPhillips Indonesia Ltd, in the defence of proceedings before the Central Jakarta District Court filed by its contractor concerning the breach of contract of Rig Management Services in amount of US$ 78 million;
  • STT Communication Ltd and Indonesia Communication Ltd, in the defence of (i) a citizen lawsuit filed by the former President of the Republic of Indonesia, Mr Abdurrahman Wahid et al (133 Plaintiffs); and (ii) a class action lawsuit filed by the Alumni of Indonesian Islamic Student Association (KAHMI), both before the Central Jakarta District Court with regard the divestment issue of an Indonesian leading telecommunication provider company, PT Indosat;
  • Exxon Mobil Indonesia Incorporation, in the defence of citizen lawsuit filed by the former Chief of People’s Consultative Assembly (MPR) of the Republic of Indonesia, Prof. Amien Rais et al (113 Plaintiffs) before the Central Jakarta District Court concerning the appointment of operator of Cepu Block, Indonesia; and
  • Salim Group and PT Holdiko Perkasa, in the defence of proceedings before Kota Bumi District Court and Gunung Sugih District Court over the sales of Sugar Group Companies and cancellation of the companies US$ 75 million Loan Agreements.

Defrizal Djamaris also had experience in handling criminal case at any level of proceeding, starting from investigation, prosecution and examination before the court. He was a team member of one of high profile corruption case involved a former Indonesian Ministry in 2002 on the misuse of Indonesian Logistic’s fund.

Defrizal Djamaris is also qualified in the media law issues. He was involved in assisting, advising and representing The Washington Post in the successful negotiation and mediation with the Commander in Chief of the Indonesian Armed Forces (TNI) on the threatened lawsuit from the Commander in Chief toward The Washington Post on a defamation allegation in relation to the publication of an article titled “Indonesia Military Allegedly Talked of Targeting Mine.” He was also intensively engaged in the following high profile media law issues:

  • Time Inc., on the tort claim brought by Abu Bakar Ba’asyir before South Jakarta District Court regarding the defamation allegation on the publication of an article in Time Magazine titled “A Confession of Al Qa’edah Allegation”; and tort claim filed by former President of the Republic of Indonesia, Mr. Soeharto.
  • Tempo Magazine, on the tort claim brought by an Indonesian Tycoon before Central Jakarta District Court concerning defamation allegation relating to an article published in Tempo Magazine.

Defrizal Djamaris also advises and represents clients in unfair business practices litigations. He advised and represented client in the following cases:

  • Goldman Sachs Singapore Pte Ltd as the petitioner in the proceeding before the Central Jakarta  District  Court  against  the Decision of the Business Competition  Supervisory  Body (KPPU) concerning the tender of sale of 2 (two) Very Large Crude Carrier of PT Pertamina (a state owned petroleum company);
  • PT Holdiko Perkasa, as the petitioner in proceeding before the Central Jakarta District Court against the Decision of the Business Competition Supervisory Body (KPPU) concerning the tender of sale of PT Indomobil International;
  • Astro All Asia Networks Plc (Astro TV) as the petitioner against the Decision of the Business Competition Supervisory Body (KPPU) concerning monopoly of the English Premier League broadcasting right.

Defrizal also has the experience in tax and administrative law litigations. In the  administrative law litigation, he represented a state owned coal mining company namely PT Tambang Batubara Bukit Asam (Persero) Tbk., as the Plaintiff in the proceeding before the court with regard the cancellation of the exploitation mining right of the company by the local administration. In the tax litigation, Defrizal was the attorney involved in all tax litigations cases assisted and represented by the former firm such as:

  • Amoseas Inc. Ltd, on the Civil Request (Peninjauan Kembali) to the Indonesian Supreme Court against the Judgment of Tax Court concerning the treatment of Value Added Tax.
  • ConocoPhillips (Sakala Timur Ltd) on the Civil Request (Peninjauan Kembali) to the Indonesian Supreme Court against the Judgment of Tax Court concerning the misapplication of Value Added Tax law by the Director General of Tax of the Republic of Indonesia.
  • Himpunan Kawasan Industri Indonesia (HKII) on the Judicial Review to the Supreme Court against the Letter of Director General of Tax concerning Value Added Tax (VAT) Treatment on Bounded Zone Industries;
  • PT Pervetti Van Melle Indonesia, on the Civil Request (Peninjauan Kembali) to the Indonesian Supreme Court against the Judgment of Tax Court concerning the treatment of Value Added Tax.
  • PT Jasa Angkasa Semesta, Tbk., on the Counter of Civil Request concerning the misapplication of Value Added Tax law by the Director General of Tax of the Republic of Indonesia;   
  • BUT Mitsui & Co., Ltd on the Counter to Civil Request filed by DGT concerning the misapplication of Withholdings Tax law (PPh) by the Director General of Tax of the Republic of Indonesia.

In relation to Employment Law, Defrizal had advised clients such as Adidas and Burger Soehne AG Burg, Switzerland, in respect to issues on dismissal of employees, strike and outsourcing as well as in relation to industrial relation dispute.

Defrizal Djamaris holds a Receiver and Administrator License issued by Ministry of Law and Human Right of the Republic of Indonesia.

Defrizal Djamaris is a member of Indonesian Bar Association (PERADI) and is an elected member to appear appear in the 2010-2011 edition of International Who’s Who of Professional issued by International Who’s Who Historical Society.  Additionally, he is also actively involved in several organizations activities as follows:

  • Deputy for Research and Development of Board Committee of Indonesian Receiver and Administrator Association (AKPI) for the year 2013 – 2016;
  • Head of Law and Good Corporate Government Compartment of National Board Committee of Indonesian Young Entrepreneurs Association of the Republic of Indonesia (HIPMI) for the year 2011-2015;
  • Secretary General to Indonesian Advocates Association (AAI) of the Central Jakarta Branch for the year 2013 – 2018;
  • Head of Legal Aid of the Indonesia Bar Association (PERADI) of the Central Jakarta Branch of year 2013-2018

He speaks Bahasa Indonesia and English. 

He can be contacted at:  This email address is being protected from spambots. You need JavaScript enabled to view it. 

 

 

 

Pembahasan - Admin Migas

Sebagai regulator dan pengawas, Pemerintah mendapat laporan perkembangan pekerjaan dari kontraktor KPS.

Setiap klausul dalam kontrak mengikat para pihak yang membuatnya. Kalaupun terjadi perubahan isi kontrak sebaiknya dituangkan ke dalam addendum yang disepakati bersama antara pemberi pekerjaan dengan penerima atau pelaksana pekerjaan. Kalau perubahan hanya disampaikan secara lisan atau dibuat melalui korespondensi alias surat menyurat, besar kemungkinan akan menimbulkan persoalan di kemudian hari.

Sunday, 24 October 2010 07:00

Mau Merger Wajib Lapor KPPU

KONTAN ONLINE: JAKARTA. Komisi Pengawas Persaingan Usaha (KPPU) merampungkan peraturan komisi tentang merger dan akuisisi. Rencananya, bulan ini komisi antimonopoli itu akan meneken beleid tersebut. Yang menarik, dalam draf final beleid ini, KPPU menambahkan dua ketentuan baru.

Pertama, KPPU meminta perusahaan asing yang akan melakukan merger melapor terlebih dahulu kepada mereka. Ketentuan ini hanya berlaku untuk merger perusahaan asing yang masing-masing memiliki distributor atau anak usaha di Indonesia. Pasalnya, "Merger antara mereka bisa mengubah penguasaan pasar," kata Didik Akhmadi, Wakil Ketua KPPU, pekan lalu. Selain itu, wajib lapor juga berlaku bagi perusahaan asing yang akan bergabung dengan perusahaan lokal.


HUKUMONLINE: Komisi Pengawas Persaingan Usaha (KPPU) tengah menyusun draf Peraturan Komisi tentang Pedoman Peraturan Pemerintah No 57 Tahun 2010 tentang Penggabungan atau Peleburan Badan Usaha dan Pengambilalihan Saham Perusahaan yang dapat Mengakibatkan Terjadinya Praktik Monopoli dan Persaingan Usaha Tidak Sehat. 

Saturday, 05 July 2014 17:45

Associate 3

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Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi. Nam liber tempor cum soluta nobis eleifend option congue nihil imperdiet doming id quod mazim placerat facer possim assum. Typi non habent claritatem insitam; est usus legentis in iis qui facit eorum claritatem. Investigationes demonstraverunt lectores legere me lius quod ii legunt saepius. Claritas est etiam processus dynamicus, qui sequitur mutationem consuetudium lectorum. Mirum est notare quam littera gothica, quam nunc putamus parum claram, anteposuerit litterarum formas humanitatis per seacula quarta decima et quinta decima. Eodem modo typi, qui nunc nobis videntur parum clari, fiant sollemnes in futurum

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