Hermawan Juniarto & Partners Services Profile · 2020. 11. 29. · Hermawan Juniarto is also member...

Hermawan Juniarto & PartnersServices Profile

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© 2020 Hermawan Juniarto & Partners

Hermawan Juniarto & Partners

Effective from 1 October 2018, Hermawan Juniarto & Partners (“Hermawan Juniarto”) becoming part of Deloitte Southeast Asia Ltd(“Deloitte SEA”) network to strengthen Deloitte SEA’s legal practices in the region. Deloitte SEA is a member firm of Deloitte Asia Pa-cific, which is part of Deloitte Touche Tohmatsu Limited global network of firms. Joining Deloitte global network serves an importantmilestone to achieve our goal to become the biggest and strongest law firm in the region.

Hermawan Juniarto is also member of Deloitte Legal’s network of 80+ local practices comprises more than 2400 legal professionalswho collaborate worldwide. Deloitte Legal means the legal practices of DTTL member firms, their affiliates or their related entitiesthat provide legal services. For legal, regulatory and other reasons, not all member firms, their affiliates or their related entities pro-vide legal services or are associated with Deloitte Legal practices.

Hermawan Juniarto is one among few law firms in Indonesia with high exposures in infrastructure and project finance, through itsinvolvement in approximately half of PPP and infrastructure projects in Indonesia. Hermawan Juniarto serves many high profileclients such as government institutions, SOEs, international donors and multi-national and local companies. Its infrastructureexposures cover cross-sector levels, such as ports and airports, road and toll roads, railways, water supply and water resources,power and electricity, and waste to energy. While continuing its roles as the leading PPP and infrastructure legal counsel in Indone-sia, Hermawan Juniarto also renders legal services across banking, corporate commercial, merger and acquisition, capital market,commercial disputes, restructuring and intellectual property areas.

Deloitte Indonesia

With over 80 Partners & Directors and over 1,200 staff comprised of two offices in Jakarta and Surabaya. Deloitte Indonesia practiceis represented by:• Imelda & Rekan, Registered Public Accountants• Deloitte Touche Solutions, Tax Consulting• PT Deloitte Konsultan Indonesia, Financial & Business Advisory• KJPP Lauw & Rekan• PT Deloitte Consulting• Hermawan Juniarto & Partners, Lawyers

We have diversified client base which includes major multinationals, large national enterprises, public institutions, local importantclients and successful fast growing global companies. Deloitte Indonesia clients come from major industries such as banking & fi-nance, manufacturing, transportation, technology, media, telecommunications, retail & wholesale, oil & gas, mining, and life science& healthcare.

The client service team comprising partners, practitioners and support staff, help create powerful business solutions with integratedapproach combines insight and innovation from multiple disciplines using business knowledge and industry depth with the breadthof professional expertise to help clients exceed their expectations in the complexity of the global business environment.

http://www.deloitte.com/id/about


Foreign Invest-ment Company

Representative Office

Company Formation Services

Global ProfileAccording to the World Economic Forum,Indonesia is ranked 50 out of 141 countries in2019 on The Global Competitiveness Index.

Political & Investment StabilityIndonesia has succeeded in maintainingpolitical stability as young democratic country,with its government also continuing to reforminvestment climate to make a safe and attractiveinvestment destination

Ways to Invest in Indonesia

• General RO• Trade RO• Construction RO• Oil & Gas RO

Foreign Investment Company General/Trade Representative OfficeConstruction/Oil & GasRepresentative Office

Carry out business activities inIndonesia in accordance to KBLI.

Carry out activities in constructionor oil and gas business (as relevant)in accordance with prevailing lawsand regulations.

Within the territory of Republic ofIndonesia. Specifically for GeneralRepresentative Office must be locatedat office building in capital city of aProvince in Republic of Indonesia.

Why Indonesia?Indonesia as your investment destination has abundant natural resources with its young and technically trained work force, large andgrowing domestic market accompanied with its improving investment climate and high global profile. With stable 20 years ofdemocratic rule, Indonesia’s immense economic potential is primed for takeoff.

Sound Economy & Domestic MarketIndonesia’s GDP reached more than USD 1trillion in 2019. As the 4th biggest population inthe world, Indonesia offers a large and increas-ing purchasing power.Natural ResourcesIndonesia abounds with natural resourcesextractions from being a major producer ofliquefied natural gas and expansion of miningindustry with petroleum and mineral make up theexport majority.

Roles

Limited to supervising, connectingand coordinating; not allowed togenerate income or engage in directbusiness activities.

Shareholders Min. 2 (two) shareholders. N/A N/A

Investmentvalue

At least more than IDR 10 bioinvestment value (excluding land andbuilding).

N/A N/A

Capital

At least IDR 2,5 bio issued and paid-up capital for each business activity(or as determined otherwise by therelevant regulation).

N/A N/A

Premise

General Meeting of Shareholders,Board of Commissioners, Board ofDirectors.

Chief of Representative Office (mustdomicile in Indonesia and can beforeigner/Indonesian).

Chief of Representative Office (mustdomicile in Indonesia and can beforeigner/Indonesian).

Management

Within the territory of Republic ofIndonesia.

Within the territory of Republic ofIndonesia.



Negative List of InvestmentNegative List of Investment (also known as Daftar Negatif Investasi or “DNI”) is regulated under PresidentialRegulation No. 44 of 2016 concerning List of Business Sectors That Are Open and Business Sectors That AreClosed for Investment With Certain Conditions. Business sectors that are not identified in the DNI are generallyconsidered to be open for foreign investment without restriction, unless other law and regulation provideotherwise. The conditions for foreign investment imposed by the DNI include imposition of a maximumamount of foreign shareholding, requiring a local partner, reserving certain areas for micro-, small- andmedium-sized enterprises and cooperatives, and special licensing requirements. The business sectorsidentified in the DNI are generally based on the Indonesian Standard Industrial Classifications (Klasifikasi BakuLapangan Usaha Indonesia or KBLI). In addition to restrictions under the DNI, laws and regulations may imposefurther restrictions and conditions on foreign involvement in regulated business sectors, such as natural re-sources, shipping, health care, banking and construction, to name a few. Such conditions may include speciallicensing regimes for foreign entities, capacity/output requirements or personnel requirements. Consequently,the legal feasibility of a proposed foreign investment should be assessed with reference to both the DNI andapplicable sectoral regulations.

How Hermawan Juniarto can help you to invest in IndonesiaInvesting in Indonesia requires knowledge and technical experience to carry out the process as smoothly as possible andwithin the corridor of the prevailing laws and regulations.

We, Hermawan Juniarto, can help you to invest in such manner. Our company formation group will be more than happy to makesure your investment in Indonesia is going the right way.

Pre-Investment• Business License and

Structure Advisory• Document Review• Regulatory Mapping• Legal Drafting• Compliance Advisory

Post-Investment• Regulatory Reporting• Business License Management• Compliance Assessment• Corporate Governance

Practice

Investment• Company / Representative

Office Establishment• Business License Management

Other Services• Company Deregistration• Business License Cancellation• Corporate Secretarial



Procedure and Required Licenses & Permits

OSS System

Trade/Construction

Representative Office

OSS SystemApplication ofTrade/ConstructionRepresentativeOffice Permit

ForeignCompany

Tax OfficeTax IdentificationNumber

Local GovernmentCertificate ofDomicile

BKPM -SPIPISE System

General/Oil & Gas Representative Office

BKPMApplication ofGeneral/Oil & GasRepresentativeOffice Permit

ForeignCompany

Tax OfficeTax IdentificationNumber

Local GovernmentCertificate ofDomicile

OSS System

PMA Company*

Contact person

Stefanus Brian [email protected]

Kania AnzaniSenior Associate [email protected]

*There are, however,several businessactivities that shall beprocessed in SPIPISE.

http://www.deloitte.com/id/aboutmailto:[email protected]:[email protected]


Capital MarketHermawan Juniarto advises companies on a broad range of capitalmarket transactions, such as initialpublic offering, bond issuance andright issue.

All capital market transactions requirehigh-qualified professionals whopossess in-depth understanding ofcapital market structure with deep andbroad experience across the capitalmarket transactions.

Initial Public Offerings (IPO) andComplianceHermawan Juniarto has earnedconsiderable reputation for advisingclients on initial public offerings (IPOs)of equity and non-equity instruments(such as bonds, MTN, convertible andexchange bonds), rights issues, assetsecuritization, and other issues ofsecurities both locally and globally.Hermawan Juniarto performscompulsory legal due diligence andissues that require legal opinions incompliance of the Financial ServiceAuthority (Otoritas Jasa Keuangan)regulation.

Navigating Through the RegulatoryChallenges and Avoiding the Pitfallsof Regulations in Capital MarketTransactionsHermawan Juniarto advises publiccompanies in wide range of capitalmarket issues and actively helps themto address the regulatory constraintsand other issues faced by the clients.Hermawan Juniarto provides practicaladvice that focuses in assisting ourclients in reaching their businessobjectives in a timely and efficientmanner. Hermawan Juniartoconstantly works closely with theclients to make significant recognitionto be a preeminent adviser in capitalmarkets transactions.

Innovative transactionsConsistent with the firm’smultidisciplinary approach inpracticing law, Hermawan Juniartoregularly works with partners andsenior advisors in other practices.Hermawan Juniarto commits toensure the best delivery oftransactions to develop newproducts and structure innovativesecurities offerings while taking intoaccount the relevant laws andregulation.

Contact person

Cornel B. JuniartoSenior [email protected]

Anthony P. [email protected]



Mergers and AcquisitionsServicesIndonesia with its increasingeconomy is facing high growth ininvestment rate. There are many waysto invest in Indonesia – from starting anew company, to a more organic way –merger and acquisition. HermawanJuniarto provides services for wide-range of corporaterestructuring matters, includingassistance on mergers andacquisitions transaction.

Mergers and acquisitions transactionsdemand qualified and reliable legalassistance for it to be able to runsmoothly and within the corridorof prevailing laws and regulations.Completing a merger or acquisitiontransaction of an Indonesian companyprimarily requires compliance withIndonesia’s Company Law and theforeign investment regulations.

Awarded with 2017 & 2018 Lawyer ofThe Year for Merger & Acquisition,our lawyers at Hermawan Juniarto areequipped with the experience in thefollowing areas to understand the clients’needs and issues: assisting small,middle, to large-scale transactions fromthe pre-transaction, during, and post-transaction, in all aspects such aspurchases and sales of equity and assetsand corporate restructuring.

Legal Due DiligenceOur firm provides deal structuring andlegal due diligence in pre-transactionphase. Conducting due diligence on In-donesian companies presents variousdifficulties due to the lack of easy to ac-cess or reliable public records of consti-tutional corporate

documentation, encumbrances oncorporate assets, share capital or landownership and related encumbrances.We are able to act as analyst andfacilitator, and assist you in developingstrategies, understanding the market,conducting legal due diligence inassessing the transaction, negotiatingthe structure and drafting the deal, allwhile putting your business goals andobjectives in mind and as our priority.

Restructuring ServicesOur lawyers work with the bestrestructuring solution by delivering themost prominent commercial result, byevaluating restructuring options andidentifying key issues that might arisein the future upon the restructuringtransaction. We have extensiveexperience of working with variousclients to achieve favorable results.

Post-transaction ServicesFor mergers and acquisitions, weprovide a holistic approach thatprepares our team to address closingand post-closing issues – a phase thatis often overlooked, such as posttrans-action transition, post-mergerintegration, management structure,marketing, staffing, compensation, etc.

Contact person



Cynthia Idhe HarnintaSenior [email protected]

http://www.deloitte.com/id/aboutmailto:[email protected]:[email protected]:[email protected]


Corporate & CommercialServices

Indonesia’s GDP reached more than USD1 trillion in 2019. With the fourth largestpopulation in the world, Indonesia offersa large and growing domestic market. AsIndonesia become investmentdestination for international investorsaccompanied with its still-growingeconomics, various industries each withtheir own unique matters and issuesdemand reliable legal assistance to makesure every corporate action andtransaction are within the corridor of theprevailing laws and regulations andgoing smoothly; all while incorporatingclients’ business objectives. For morethan 10 years, we have been serving astrusted legal advisors to businesses inIndonesia.

With extensive experience inrepresenting wide-range of clients -from start-ups, private or governmentowned companies, to internationalcompanies - and industries from tech,bank to energy, our lawyers have beenactively contributing and involvedin many national and multinational high-profile projects. We combine technicalcapabilities, industry knowledge andcreativity to provide trusted and reliablecomprehensive corporate &commercial services to solve ourclients’ legal matters.

Our ServicesWe offer a wide range of services tosuit the needs of our diverse clientsin different industries. Our corporate& commercial services include:• Compliance/regulatory advisory;• Trade & competition advisory;• Sale & purchase advisory, negotiation & agreement drafting;• Drafting and advising of leasing and financing agreements;• Representing and advising clients in business negotiations and transactions;• Shareholders agreement & other corporate agreements drafting;• Corporate restructurings and Re-organizations;• Corporate secretarial and record maintenance;• Advising on corporate legal; practices, procedures and policies;• Other corporate advisory services; and• Other corporate legal actions.

With us, our clients will have access to:• A dedicated team with proven track record• World class service and work ethics• Tailored legal services specific for and focused on every clients’ needs and issues.

Contact person


Cynthia Idhe HarnintaSenior [email protected]

Kania AnzaniSenior [email protected]

Hermawan Juniarto as member ofDeloitte Legal Network is a leading lawfirm in Indonesia and recognizedby IFLR 1000 in Financial & CorporateLaw Firms. Our lawyers advisecompanies on broad corporate &commercial issues in Indonesia’sfastgrowing economics and diversesectors of businesses.

http://www.deloitte.com/id/aboutmailto:[email protected]:[email protected]:[email protected]


Licensing Services

Hermawan Juniarto advises andassists companies in obtaining vari-ous types of license in cross-business sectors.

Indonesia has become one of theprominent countries to invest and tostart new business. One of thebiggest challenges is to comply withthe Indonesian laws and regulations.There are permits and licenses thatare required to perform industry-specific business activity. The types ofpermits and licenses requireddepends upon which and where thebusiness will be formed and the typeof business activity.

Licenses and PermitsLicenses and permits are required inorder to ensure that the business isfollowing specific ordinances asruled by both the central governmentand regional government. Forinstance, a company who holds apharmaceutical wholesaler as itsbusiness activities would be requiredto have a Distribution of Drug andFood certificate/permit from therelevant agency. Another example is acompany which has ‘wholesaler’ as itsbusiness activity is prohibited to selltheir goods directly to the end-user,and shall distribute its goods to thelocal distributor who owned thedistributorship permit.

In the event of the company plans tobuild a physical building for theirmain headquarter, they will mostlikely be required to have a buildingpermit within the state or city theyare building in. Similarly, there arecertain area within cities that regulatewhere commercial, residential andindustrial area can be established. Itis important to be sure that the loca-tion of the building is properly zonedfor your company; in regard to indus-trial purpose, if the company intendsto build a factory, the company mayneed a zoning permit.

By obtaining the required licenses andpermits, company can assure that theyare operating within the parametersof the prevailing laws and regulationsand therefore they are considered legaland valid in carrying out their businessactivities.

Our ServicesWe provide informative guidance tomake you aware of the permits andlicenses required by the prevailinglaws and regulations. We are able toassist during the preparation, filingand monitoring the progress of theapplication of the licenses and permits.Our team will ensure that the process isconducted in an appropriate and timelymanner to meet the client’s require-ment.

Our lawyers will also provide educationto avoid negative consequences in thefuture.

Contact person


Kania AnzaniSenior [email protected]



Banking and Finance PracticeGroupHermawan Juniarto advises companieson a broad range of banking andfinancial services, including advisory,transactions, and licensing services.

International financial market continuesadjusting to fast-paced changes ineconomic, political and regulatoryenvironment. Developinggroundbreaking ideas and solutions tothe ever-changing market is the key tostay ahead of the competition.

Combining comprehensiveunderstanding with a sound knowledgeon local and international businesspractices, our lawyers consistently deliverhigh standard of service. We take pride inthe depth of our service coverage –advising clients in innovative lendingtransactions, bank products, creditproducts, deal structures, issues andalternatives, and on all typesof secured transactions. We haveremarkable track record in representingboth borrowers and lenders in varioustransactions. The clients are guaranteedto gain full access to our broadcapabilities alongside the commitmentand loyalty of our dedicated team.

Hermawan Juniarto lawyers providecomprehensive range of banking servicesincluding:

Combining comprehensive

on local and international business

liver high standard of service.

and alternatives, and on all typesof secured transactions. We have

to gain full access to our broad

and loyalty of our dedicated team.

vices including:

AdvisoryHermawan Juniarto lawyers provideborrowers and lenders witha wide spectrum of banking advisoryservices. In the era of technologicaldisruption, financial services sectors aredeeply affected. Regulation continues toexpand and businesses may be facedwith an even wider regulatoryframework. We provide advisoryservices including finance structuringand planning, regulatory framework,securitization, corporate lending, acqui-sition finance, trade finance, and Islamicfinance.

TransactionOur lawyers has immense experienceand thorough understanding of themarket, on which serves as the basis forus to fulfill the needs of the clients. Weperform due diligence, includinganalysis and assessment on bankingmatters. We assist clients ontransaction documentations andnegotiations, including facilityagreements and security documents.Our aim is to provide legal assurance tothe clients in proceeding with varioustransactions, both domestic andinternational.

LicensingWith the increasing number of financialcompanies in the world and itssignificance in the market, we are ableto provide advisory services to theclients on full licensing spectrum,including the establishment of bankingand finance corporation, branch officeand/or representative office, as wellas providing services on banking andfinance business licenses obtainment.

Contact person


Muhammad [email protected]

Derryan Rahmat [email protected]



Infrastructure and ProjectFinance

Infrastructure and ProjectFinanceHermawan Juniarto’s professionals areequipped to handle complexinfrastructure transactions. Ourexperience ranges from representinggovernment, local and private investorsand operators as well as banks andfinancial institutions. Hermawan Juniartooffers wide array of legal servicesranging from the preparation of outlinebusiness case and final business case,market sounding, formulating draftsof regulations/policies, projectstructuring, assistance in theprocurement process, obtainment ofinfrastructure guarantee, andachievement of financial close.

Infrastructure development is veryvital for emerging economies torealize their aspirations. Infrastructureinvestment is critical to everydeveloping country to facilitate andspur economic growth by providingbetter connectivity and enhancing

productivity and efficiency. This leadsthe Government of Indonesia to have aview that an acceleration ofinfrastructure delivery is urgentlyrequired, either delivered throughconventional public procurement orPublic-Private Partnership (“PPP”).PPP opens the opportunity forprivate sector along with thegovernment to be actively involvedin infrastructure delivery inIndonesia. The firm was involved inthe establishment of the Committeefor the Acceleration of PriorityInfrastructure Delivery/ KomitePercepatan PembangunanInfrastruktur Prioritas (KPPIP) byadvising Coordinating Ministry forEconomic Affair in the drafting ofPresidential Regulation No.75 of 2014regarding Acceleration ofInfrastructure Priorities Development.

Our goal is to help government, privatesector, and relevant stakeholders toachieve the best possible outcome oftheir interests by aligning our serviceswith relevant regulatory frameworkand international best practice to meetthe objective of respective parties.Hermawan Juniarto has a highlyregarded reputation for quality andexcellent results. Our services ininfrastructure project, amongst others,include the following sectors:

Telecommunication andIT InfrastructureThe telecommunication and informationtechnology sector is developingrapidly in Indonesia, and companiesoperating in the sector face increasingcompetition in Indonesia’s uniqueregulatory environment. Our team hasacted on major projects in thissector representing the government inproject preparation and implementationof a national broadband back-boneproject known as “Palapa Ring Project”.



Energy and Natural Resources InfrastructureProduction and consumption of energyresources is significantly important for theglobal economy, as all economic activities aredependent on energy and natural resources.We offer expertise in advising on upstream anddownstream oil and gas projects in Indonesia.Our experience in this sector includes significantwork in the power generation sector.

Given the necessity of substantial technicalknowledge of this sector, significanttransactional experience, and strongrelationships with government regulatoryagencies, our team is equipped with in-depthunderstanding of Energy and Natural Resourcesregulatory framework.

Transportation InfrastructureTransport infrastructure significantlycontributes economic output of a nation as itenhances the productivity anddistribution of goods and resources.Developing efficient and cost-effectivetransport infrastructure is challenging,considering its large capital investmentrequirement and evolving legal andregulatory demands. It also needs tobalance complex political, economic,social, and environmental tradeoffs. Throughour work experience with the Ministry ofTransport, business entities, and other relevantstakeholders in structuring transportinfrastructure project particularly in airport andrailway sectors, our firm possesses theknowledge within the industry to deliverspecialized legal support. Our experienceincludes assisting the government inpreparing and transacting multi-billion dollarrailway and airport infrastructure.

Given the necessity of substantial

technical knowledge of this sector,

regulatory agencies, our team is

framework.

Transportation Infrastructure

enhances the productivity and

evolving legal and

our work experience with

other relevant stakeholders in

tors, our firm possesses the

assisting the government inContact Partner

Irawati HermawanManaging [email protected]





Regulatory and Policy Services

Regulatory and Policy Practice GroupIndonesia has attracted potentialinvestment from all over the world.To respond on that interest, it isimportant for the investors to have fullunderstanding on the Indonesia’sunique regulatory framework andchallenges in order to achieve acompetitive advantage and minimizeregulatory risk. On the other hand, it isalso important for the Government todevelop regulations that canprotect the interest of the people ofIndonesia and allow the investors tohave business in Indonesia simultane-ously in order to increase the economy.

Hermawan Juniarto is often trusted toprovide legal advice to governmentagencies. Regulatory and Policy PracticeGroup at Hermawan Juniarto haveutilizes the skills of lawyers who havesignificant experience in public sectors.That can guide both Government andthe private sectors, including theinvestors, to have better understandingon any types of regulatory issues.

Our lawyers regularly representfinancial institutions, project sponsors,investors, contractors, andgovernments, including its institutions.

This Practice Group grow significantly asthe firm has involved in number of highprofile regulatory works and projects innumerous industry sectors, including:• airports• energy and power• railway and urban transport• mining• oil and gas• ports• roads• waste and energy from waste

Compliance and Advisory ServiceIndonesian regulation changesfrequently in every industry sectors.Regulatory and Policy Practice Group atHermawan Juniarto with our extendeddepth of expertise in conductingregulatory due diligence able to draw uponan in-depth sector knowledge to identifylegal and regulatory risks as well asassessing them, whilst maintaining acommercial focus to resolve these potentialissues.

Contact person:





Litigation & Alternative DisputeResolution Services

Litigation & Alternative DisputeResolutionHermawan Juniarto understands that inthe face of regulatory challenge, disputeresolution is currently becoming a majorconcern to foreign investors and businessparticipants, thus our Litigation &Alternative Dispute Resolution PracticeGroup focuses on developing areas thatare required to protect and maximize ourclients’ investment and business. With thisin mind, our practice group’s areas of focuscover the following:

Bankruptcy, Insolvency and Restructuring(“BIR”)Under the Indonesian Bankruptcy Law, abankruptcy process is aimed to satisfyclaims of creditors in the event ofdeclaration of bankruptcy decision againstthe debtor, in which creditors possess legalremedies to secure their interests. In thiscontext, Hermawan Juniarto believes that aqualified and experienced team of lawyersis required to cater to a client’s needs infacing bankruptcy related issues. Ourpractice group comprises of a number oflawyers whose expertise derives fromvarious bankruptcy matters they havebeen involved until to date.

Insolvency takes place when a debtor isproven unable to pay its liabilities, inwhich case Indonesian Company Lawprovides that such circumstance willlead into liquidation. Hermawan Juniartohas extensive experience in assistinglenders in enforcing their entitlementsduring the liquidation process as well asacting as liquidator for number ofcompanies in liquidation.

Debt restructuring in Indonesia may becarried out by means of courtsanctioned restructuring or bilateralrestructuring. Under the IndonesianBankruptcy Law, court sanctionedrestructuring is known as suspensionof debt payment (Penundaan KewajibanPembayaran Utang/“PKPU”). PKPU isprincipally intended to provide a debtorwith temporary relieve in order toorganize and continue its business, andeventually to satisfy creditor’s claims.Hermawan Juniarto offers uniqueapproach and propositions whichoriginate from a wide range of PKPUcases, either when acting asadministrator of the company underbankruptcy or as advisor to thecreditors.

Civil Litigation and CommercialLitigationDue to the unique nature of theIndonesian legal environment,lawyers require special expertise inhandling dispute resolution cases inIndonesia. We have observed thatmultinational clients and majorcorporations prefer working to-gether with trusted lawyers within-depth understanding of thecomplex legal issues in Indonesiawho also acknowledge andunderstand corporate governancecodes.

Our team has advised on a numberof corporate litigation matters and istrusted advisor to a number ofleading national and internationalcompanies in a wide array ofbusiness sectors, including bankingand finance, consumer products,construction, retail, infrastructure,manufacture, energy and resourcesand other industries. General civillitigation mainly focuses on torts anddefault claims filed before theDistrict Court. However, we alsohave a good grasp of specific typesof civil disputes such as IntellectualProperty disputes that are examinedbefore the Commercial Court.



Employment and Labor DisputeComplex rules regarding labor inIndonesia cannot stem a company’sneeds to hire domestic or foreign labor.Our team has extensive experienceworking on labor projects andpossesses an in-depth knowledge of theunique and complex regulations facingdevelopers in Indonesia. HermawanJuniarto has successfully assisted somenotable clients facing various labordisputes before the Industrial RelationCourt.

Arbitration and Alternative DisputeResolution (ADR)Hermawan Juniarto practices isprepared to represent both domesticand international clients before theIndonesian Seating Arbitration Board(Badan Arbitrase Nasional Indonesia/ “BANI”) as well as in the proposedenforcement of international arbitrationawards in Indonesia.

Contact person

Cornel B. JuniartoSenior Partner [email protected]




Employment Services

Employment PracticeDuring the early years of Indonesianindependence, labor/employmentmatters received relatively low priorityas the new government soughtto defend its newly proclaimedindependence. In 1948, the firstemployment law was issued: Law No.12of 1948. This law regulated workingtime, resting time, workplace, andseveral types of work that could beperformed by minors, teenagers, andwomen.

Jump into year 2003, Indonesia enactedLaw No. 13 of 2003 concerningIndonesian Employment Law (“IEL”). TheIEL provides the foundation of modernIndonesian employment law.

Hermawan Juniarto understands that inthe face of Indonesia’s complicatedemployment regulatory environment,client needs an in depth technical andpractical expertise. Our EmploymentPractice

Group focuses on developing areaswhich are needed by our clients whoseek for a strategic advice on com-plex issues in Indonesia’s employ-ment landscape. With this in mind,our practice group’s areas focus tocover the following:

Employment AgreementsHermawan Juniarto offers strategicapproach in preparing employmentagreements, which originate from awide range of employment cases wehave handled. We believe that knowl-edgeable team of lawyers are requiredto meet up client’s needs.

Work Permits and RelatedGovernmental Approvals forForeign WorkersThe large recent foreign investment inIndonesia has significantly expandedthe role of foreign investmentemployers. Employers hire expatriatesfor many reasons, such as the following:

(i) lack of professional employees inIndonesia for certain positions; (ii) toincrease investor trust; (iii) to competein global markets; (iv) to transferthe expertise of expatriates to localemployees; and (v) to increase thevalue of the company.

Our team has extensive experienceworking on foreign workers relatedprojects and maintains a goodrelationship with relevant authoritiesin Indonesia to obtain importantinformation on any developmentregarding the working permitsmatters.

Collective Bargaining ArrangementsCollective bargaining provides a toolfor employers and employees tonegotiate any aspect related to theemployment relationship in order toachieve consensus. The objective ofthe bargaining process is thepreparation of a collective laboragreement. Negotiation of acollective labor agreement takesplace between a registered laborunion or several labor unions, on theone hand, and an employer orseveral employers, on the other.



interest. Our professional lawyers

For these past years, our lawyers hassuccessfully assisted clients in arranginghigh-quality collective bargainingagreements, which suits our client’sneeds and responsibilities.

Company RegulationsCompany regulation establish rules ofbehavior within an organization, whichoutline the responsibilities of bothemployees and employers. Accordingto the IEL, employers with more than 10(ten) employees must have a set ofcompany regulations.

These company regulations becomevalid after the approval by the Ministry ofManpower (formerly known asMinistry of Manpower andTransmigration). Those set of rules meantto protect employees’ rights, as well as topreserve employers’ business interest.Our professional lawyers can help clientsto achieve favorablebusiness results.

Pension, Benefits, and TerminationOver the years, Indonesian laws relatingto pensions and benefits programs havebecome more technical. HermawanJuniarto help client businesses in relation with:(i) remuneration; (ii) pensions;(iii) benefits; and (iv) issues arising whenentities are merged, acquired orrestructured.

In termination, the prevailing principlebehind the Indonesian law ofemployment termination is that theemployer, the employee and/or thelabor union, and the government mustmake all efforts to prevent terminationof employment, and that terminationmay only occur after all efforts toprevent it have failed.

In respect to the above explanationsHermawan Juniarto helps clients with thestrategic programs and guidance onmandatory procedures. We work withthe companies to know best what suitthem most.

Contact person


Rahmaddiar [email protected]



dustrial design.Trademark

said trademark.

norms

tainty in

for client.

and

Trademark

said trademark.

trademark

Copyright

Intellectual Property Practice Group

Hermawan Juniarto understands thatthe protection of Intellectual Property(“IP”) is a major concern to our clientsand thus our IP practice group is fullyknowledgeable of all IP matters. Mem-bers of our IP practice group have eitherreceived specialized training or obtainedsignificant IP experience that enablesthem in order to efficiently and effec-tively counsel and assist clients, both do-mestic and overseas. They practice on allaspects of IP law that includesregistration, maintenance, franchisingand enforcement of trademark, copy-right, patent, IP transfer and industrialdesign.

TrademarkTrademark is a valuable asset for anycorporation. The owner of a registeredtrademark shall have exclusive rightgranted by state for a certain period, tohimself or the authorized party to usesaid trademark.

Although Indonesian trademark law areharmonized with international norms(i.e. TRIPS), however there are someaspects that are different in Indonesianlaw. Managing to find the path in achiev-ing legal certainty in trademark mattersrequires an in-depth knowledge andexperience in the field. HermawanJuniarto lawyers thrive in assisting clientsin searching and pre-filing advice,application filings and prosecution, andtrademark renewals. Thus, creating thebest advisory service for client.

CopyrightAt Hermawan Juniarto, we acknowledgedthat our clients have varied and intricateneeds on Copyright concerns associatedwith patents, trademarks and designs.

Copyright is an exclusive right thatconsist of moral rights and economicrights. It is important for copyrightholder to achieve legal protection andexercise the rights related to suchcopyrights

copyrights

With broad experience practicingcopyright law in Indonesia,Hermawan Juniarto is wellexperienced, knowledgeable, andready to advise and assist clients’copyright needs, including prepara-tion and prosecution of copyright ap-plications, advising clients on thecopyright of works and creations.

PatentConducting patent searches, advisingin regards with patent of inventions,and manage all aspects of patentapplication Indonesia, and assistingregistration of records ofadministration changes regardingpatent rights are part of HermawanJuniarto patent practice.

Industrial DesignRight to industrial design shall meanan exclusive right granted by thestate to a designer for his creation fora given period to exploit his creationby himself or to give permission toanother party to do so.

Since the right to industrial designshall be granted based onapplication. Hermawan Juniartolawyers able to accompanied clientsin the process of obtaining such rightto industrial design.

Furthermore, if required, HermawanJuniarto lawyers also able to assistclients in terms of transfer of rightand license.

in terms of transfer of right andlicense.

FranchiseHermawan Juniarto lawyers also able toassist clients that need assistance andadvisory in regards with intellectualproperty issue in connection withFranchising. As the law stipulated thatparties in franchise business model musthave Franchise Registration Certificate.

The trademark or patent of the franchisebusiness model must also be registeredIndonesia. Furthermore, franchisors shallalso ensure the intellectual propertyrights of the business is secure inadvance of entering Indonesian market.

Therefore, Hermawan Juniarto lawyersable to assist and advise clients in thismatter. Including but not limited toresearching and application of therelevant trademark or patent registration.

Intellectual Property

Contact person





Contact Us




Anthony Pratama [email protected]

Derryan Rahmat [email protected]

Anggara [email protected]


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