Airport Operation

Legal aspects of every steps and process in airport operation, including airport establishment.

  • Represention of a State-Owned Enterprise engaging in airport operation in a bidding for the management and operation of Clark Airport, Philippines (2018).
  • Represention of a State-Owned Enterprise engaging in airport operation in a bidding for the management and operation of Labuan Bajo Airport, East Nusa Tenggara (2018).
  • Represention of a State-Owned Enterprise engaging in airport operation in a bidding for the management and operation of Batam Airport (2019).
  • Represention of a State-Owned Enterprise engaging in airport operation in the construction projects restructuring (2021).

Corporate & Commercials

Corporate law governs the functioning of companies; from how they are formed to the transactions they are permitted to engage in

  • Representation of one of the largest app-based transportation services companies on corporate documents and handling general corporate matters (2015 – 2018).
  • Representation of one of the largest State-Owned Enterprise engaging in telecommunication networks and services on the establishment of some subsidiaries engaging in the construction services and general trading (2012).
  • Representation of a State-Owned Enterprise engaging in gas distribution on the increase of capital of some of its subsidiaries (2011 - 2012).
  • Representation of a State-Owned Enterprise engaging in the infrastructure guarantee fund on the general corporate matters (2013 – 2017).
  • Representation of foreign investment companies on the shares acquisition and/or assets acquisitions (2012).
  • Representation of clients on the establishment of foreign investment companies (2012).
  • Representation of clients on the preparation, negotiation and closing of joint venture agreements, shareholders agreements and their ancillary agreements and documents (2012 - 2013).
  • Representation of a Netherland shareholder on the sale of the entire shares’ ownership in a foreign investment company engaging in the hotel and recreation activities (2012 – 2013).
  • Representation of a client in the preparation, negotiation and closing of joint operation agreement (KSO) on the business lounge management at the Soekarno Hatta International Airport, Tangerang, Banten (2018).
  • Representation of one of the largest State-Owned Enterprises engaging in the provision of telecommunications services and networks in the shares acquisition of a payment switching company (2016).
  • Representation of a telecommunications tower provider in the preparation, negotiation and closing of telecommunication tower sale and purchase agreements (2017).
  • Representation of a educational foundation on the settlement of potential dispute related to the cooperation agreement on the apartment development and operation in Bandung (2018).
  • Representation of a State-Owned Enterprise engaging in airport management and operation in the shares acquisition of a cargo handling company (2019).
  • Assisted one of BUMD's companies involved in real estate and other management consultancy operations in drafting cooperation agreements with third parties (2020 - 2021)
  • Assisting multinational manufacturers and distributors of measuring instruments in reviewing company’s agency agreement (2021).
  • Assist one of the state-owned airport management and maintenance corporations in restructuring the Jiwasraya insurance arrangement for retired employees (2021)
  • Assisted one of the nation's top telecommunications networks and service providers in the development of whitepapers on corporate governance and business development for several of its subsidiaries (2022).

Business Competition

It aims to ensure the market is fair for consumers and producers by preventing unethical or anti-competitive practices designed to gain a larger market share than what would be achieved through honest competition.

  • Representation of PT TELKOM on the interview with the Indonesian Business Competition Spervisory Commission (“KPPU”) on the allegation of unfair tender process under Article 22 of Law No. 5 of 1999 on the Monopolistic Practices and Unfair Business Competition (“Competition Law”) (2012).
  • Representation of PT TELKOM on the competition hearing at KPPU on the allegation of tying and monopolistic practies under Articles 15(2), 17 and 25(1) of the Competition Law on the operation of IndiHome triple play services. TELKOM was declared free from the suspected tying agreement in this case (2017).
  • Representation of PT TELKOM on the competition hearing at KPPU on the allegation of discriminatory practices under Article 19(d) of the Competition Law on the blocking of NETFLIX services in TELKOM’s networks. TELKOM was declared free from the suspected discriminatory practices (2021).

Bankcruptcy & Insolvency

The main aim insolvency law is to rescue the company and this is reflected in the duties owed by insolvency practitioners such as company administrators.

  • Representation of PT. TELEKOMUNIKASI SELULAR (“TELKOMSEL”) as an appellant at the cassation level in the Supreme Court of the Republic of Indonesia (the “Supreme Court”) challenging the bankruptcy decision issued by the Commercial Court at the Central Jakarta District Court on the bankruptcy petition filed by PT Prima Jaya Informatika (2012 – 2013).
  • Representation of TELKOMSEL at the reconsideration level in the Supreme Court defending the Supreme Court Decision on the annulment of bankruptcy decision of TELKOMSEL (2013).
  • Representation of TELKOMSEL as an appellant at the reconsideration level in the Supreme Court challenging stipulation of receivers’ fee issued by the Commercial Court at the Central Jakarta District Court (2013 – 2014).
  • Representation of PT OCI Kaltim Melamine as the bankruptcy debtor based on decision issued by the Commercial Court at the Central Jakarta District Court on the bankruptcy petition filed by PT Pupuk Kaltim (2013 – 2014).
  • Representation of workers of PT CITRA SARI MAKMUR and PT TELSATINDO MANDIRI as applicants for the cancellation of the settlement agreement between PT CITRA SARI MAKMUR and its creditors in the Commercial Court at the Central Jakarta District Court (2016).
  • Representing PT PETROSELAT as a bankrupt debtor based on a bankrupt decision issued by the Commercial Court at the Central Jakarta District Court (2017).
  • Representation of PT TELKOM AKSES as Defendant on the Suspension of Debt Payment Obligation petition on case No. 237/PDT.SUS PKPU/2022/PN.NIAGA. JKT.PST filed by PT Andalan Pratama Indonusa at the Central Jakarta District Court (2022).

IT & Telecommunication

The general institutional framework, the regulatory authority, licensing, competition policy, tariffs regulations, quality service, interconnection issues, infrastructure sharing, scarce resources management, universal service, and penalties and sanctions.

  • Representation of a subsidiary of a State-Owned Enterprise engaged in gas distribution on the preparation of agreement on the operation of fiber optic networks from Singapore to Java Island (2011 – 2012).
  • Representation of clients on data protection regulations and practices in Indonesia (2011 – present).
  • Representation of the largest State-Owned Enterprise engaging in telecommunication networks and services on handling legal matters in IT, e-commerce, data protection (2015 – present).
  • Representation of a Korean client on the business sale of a foreign investment company engaged in online game payment activities (2013).
  • Representation of clients on operation and regulatory frameworks of Over The Top (OTT) services in Indonesia (2015).
  • Representation of of the largest SOEs in the sector of telecommunications networks and services in negotiating a cooperation agreement with Netflix (2021).
  • Representation of client engaging in data center ecosystem supported with connectivity assets and capabilities within Indonesia and across the region on contract drafting and negotiations and general corporate matters (2022-2023).
  • Representation of PT Telekomunikasi Selular (“TELKOMSEL”) on the transfer of IndiHome business on the operation of IPTV, Internet and telephony (IndiHome 3P) services from TELKOM to TELKOMSEL as part of the FMC (Fixed Mobile Convergence) Project (2022 – present), with the value of IndiHome amounts to IDR 58.3 trillion (equivalent to S$5.1 billion), which include, representation on the drafting and negotiations, among other things, as follows:
    • The Wholesale Agreement (“WSA”): Telkom provides to Telkomsel, main services:
      • Fiber to the Home (FTTH) connectivity and transport which includes (i) FTTH Optical Line Termination (OLT) to drop cable connection connectivity, including Home Segment services, and (ii) Aggregation network connectivity and IP backbone (Transmission Throughput);
      • Internet services which includes Global Internet Throughput and domestic connectivity (local IX, Content Delivery Network (CDN) and direct peering);
      • connectivity of internet protocol television (“IPTV”);
      • service level guarantee (fulfillment, assurance and quality); and
      • monitoring visibility.

      Telkom also provides additional services, among others, 5G core implementation support and other services agreed upon through Future Investment mechanism. The value of WSA estimated to be IDR18,747,341,007,230.

    • Fixed Broadband Core Transition Service Agreement (“TSA-1”): Telkom provides to Telkomsel Fixed Broadband Core (FBC), among other things:
      • The provision of FBC Services operational devices
      • Services and deliverables, which includes:
        • Technical support (TATSR, support engineer, migration support engineer, service desk);
        • Supporting tools (data sharing, monitoring visibility);
        • Reporting and performance evaluation (monthly report, special report, quarterly report, and knowledge sharing).

        The value of TSA-1 estimated to be IDR495,971,226,790.

    • IT System Transition Service Agreement (“TSA-2”): Telkom provides to Telkomsel among other things:
      • IT Services, among other things:
        • Service and platform maintenance (software dan hardware);
        • Technical managed operation;
        • Ticket handling and SRSM (service request support and management) related to IT system
        • Application enhancement and capacity expansion;
        • Audit and IT Compliance;
        • System and data migration;
        • Coordination, performance evaluation and reporting.
      • Billing and collection system operation services, among other things:
        • Billing operation support;
        • Revenue assurance and fraud management;
        • Billing A/R, collection operation support; and
        • Changes in the configuration of standard applications to support business parameter changes related to billing.
      • The value of TSA-2 estimated to be IDR 489,264,960,646

Media

Legal services provided to the entertainment industry and media company

  • Representation of a Russian company on the potential establishment of Pay TV Company in Indonesia (2013).
  • Representation of a Singapore company on the preparation of the Joint Venture Agreement, production, distribution and sale of the TV show of “The Kitchen Musical” and “The Challenger Muai Thai“ and registering the said trademarks in some major jurisdictions (2011 – 2013).

Manpower

Regulating the relationship between employers and employees; it sets out their respective rights and obligations

  • Representation of clients on the termination of employees, preparation of company regulations, amicable settlement of employment dispute, and preparation of employment agreements.
  • Representation of TELKOMSEL on the transfer of hundreds of TELKOM employees to TELKOMSEL as part of FMC Project, including drafting, negotiation and completion of agreements related to employees transfer, pension fund, health insurance, and talent mobility.

Intellectual Property

Intellectual law relates to the rights and obligations which attach to creations of the intellect which can arise in artistic works as well as scientific inventions and various designs

    Representation clients on the trademark registrations, copyrights registration, patent registration as well as filing of objections on the trademark registration.

Arbitration

Involve an independent third party coming to a final binding judgement on an issue

  • Representation of a government institution as a respondent on the construction dispute against a State-Owned Enterprise engaging in construction in the Indonesian National Arbitration Agency ("BANI") (2013).
  • Representation of TELKOMSEL as a claimant in submitting an arbitration petition to BANI against a government institution in a dispute related to a Universal Services Obligation ("USO") project (2013 - 2014).
  • Representation of TELKOM as a claimant in submitting an arbitration petition to BANI against a government institution in a contract dispute related a USO project (2014 - 2015).
  • Representation of TELKOM as a claimant in submitting an arbitration petition to BANI against a government institution in a contract dispute over a USO project (2014 - 2015).
  • Representation of TELKOM as a respondent in the arbitration dispute in BANI against Wahana Consortium in a contract dispute related to the construction and operation of the telecommunications tower (2016 - 2017).
  • Representation of TELKOM as the respondent in the arbitration proceeding in the International Court of Arbitration, the International Chamber of Commerce (ICC), Geneva, Switzerland (2018);
  • Representation of TELKOM’s subsidiary as a respondent in the arbitration proceeding in BANI related to contract dispute (2020).

Litigation and Settlement of Dispute

The process of resolving rights-based disputes through the court system

  • Representation of PT HEWLETT PACKARD INDONESIA as a defendant on the lawsuit filed by PT PUBLIC SECTOR INDONESIA to the South Jakarta District Court on the distributorship dispute (2011 - 2012).
  • Representation of PT HEWLETT PACKARD INDONESIA as a defendant on lawsuit on cancellation of settlement agreement in the South Jakarta District Court filed by PT PUBLIC SECTOR INDONESIA (2013).
  • Representation of TELKOMSEL as a defendant on the breach of contract lawsuit filed by PT PRIMA JAYA INFORMATIKA in the South Jakarta District Court, as well as filing a counter claim against PT. PRIMA JAYA INFORMATIKA in the same court amounting of IDR1,65 Trillion (2013).
  • Representation of TELKOMSEL as a defendant on the tort lawsuit filed by the ex-receivers of TELKOMSEL in the Central Jakarta District Court (2014).
  • Representation of TELKOMSEL as an appealed at the Jakarta High Court on the appeal of the South Jakarta District Court decision filed by PT PRIMA JAYA INFORMATIKA (2014).
  • Representation of TELKOMSEL as a defendant in a lawsuit against the law filed by the distributor partner due to illegal acts of former TELKOMSEL employees (2015).
  • Representation of PT PROTON EDAR INDONESIA as a Plaintiff against PT CAPITALINC FINANCE on the breach of contract lawsuit in the South Jakarta District Court (2017).
  • Representation of PT HERO SUPERMARKET, Tbk. as a defendant against PT CIPTA LINGKAR SELARAS on the tort lawsuit in the Bekasi District Court (2017).
  • Representation of PT ADI KARYA VISI and Mr. TARA AGUS SOSROWARDOYO as the Cassation Respondent in a cassation case at the Supreme Court filed by PT DIRECT VISION (2018).
  • Assisting employees of construction company as witnesses in police inspections related to LRT pole construction accidents (2018).
  • Representation of client in debt collection of 65 corporate customers with a total bill of Rp.474 Billions (2018 - 2020).
  • Representation of TELKOMSEL on a consumer lawsuit at Semarang District Court, where the lawsuit was rejected by the Court (2021).
  • Represention of PT Jakarta Propertindo (Perseroda) before the Central Jakarta District Court as the Execution Opponent (Pelawan Eksekusi) (2021).
  • Represention of PT Aviasi Pariwisata Indonesia (Persero) (injourney) as a Defendant in case No.457/Pdt.G/2023/PN Jkt Tim on a breach of contract cases related to Cooperation Operating Agreemeent (2022) at the East Jakarta District Court.
  • Representation of Michael WW Chung as a Suspect, Defendant and Appellant on the criminal examination on the allegation of embezzlement under Case No. 177/PID.B/2023/PN.JKT.SEL (2023 – present).
  • Representation of PT Angkasa Pura II as a Defendant on the tort lawsuit in case No. 338/Pdt.G/2022/ PN.Jkt.Tim at the East Jakarta District Court (2023 – present).
  • Representation of PT Angkasa Pura II as a Defendant on the tort lawsuit in case No. 338/Pdt.G/2022/ PN.Jkt.Tim at the East Jakarta District Court in case No. 36/Pdt.G/2023/PN Lbp at Lubuk Pakam District Court (2023 – present).