We provide a broad range of commercial and legal services tailored to the requirements of international and Indonesian clients.
Our clients in Indonesia include major Indonesian and international organisations involved in a diverse range of sectors of Indonesia’s economy.
Agribusiness
We have extensive experience in advising on Indonesian agri-business related transactions including transactions pertaining to palm oil, plantations and forestry.Our work covers navigating the regulatory environment, mergers and acquisitions, sales contracts, environment, financing, joint ventures and re-financing.
Banking and Finance
We have extensive experience in providing legal services to Indonesian and cross border clients in the banking and finance sector. The banking sector in Indonesia is rapidly evolving and we believe that the provision of legal services to this sector requires a thorough knowledge of the regulatory landscape, not just present regulation, but also how the regulation has evolved and where it is heading. We advise clients on lending and security arrangements, regulatory advice, asset finance, debt restructuring, mergers and acquisitions, liaison with government departments and dispute resolution. We also advise securities brokerage, insurance, finance leasing and venture capital companies.
Capital Markets and Securities
Our lawyers have considerable expertise in capital markets work including IPO’s, rights issues, bond issues and go-privates / de-listings as well as advising on regulatory matters. Partners at OSP have acted for listed Indonesian financial institutions, the Indonesian Bank Restructuring Agency (IBRA) and been involved in Corporate Governance Reform projects. We have extensive experience in providing legal services to banks, financial institutions and corporate and government sector borrowers in domestic and international financings.
Employment and Manpower
Employment (manpower) laws in Indonesia require in depth technical and practical knowledge. We have a team of lawyers familiar with all aspects of manpower regulations including, preparation of employment agreements (fixed term and permanent), company regulations and collective labour agreements, advising on termination rights, severance obligations and settlement agreements, manpower disputes and union relationships. Our employment practice also advises specifically on manpower issues in connection with acquisitions and mergers of Indonesian entities or of Indonesian subsidiaries of global entities.
Foreign Investment
We advise on and assist through the entire process of establishing new companies, obtaining licenses, establishing joint ventures and representative offices as well as acting on acquisitions of interests in Indonesian businesses.A critical part to our advice is working with clients in establishing the right investment structure from both an operational and tax perspective. Our advice to foreign investors covers not only legal aspects of doing business in Indonesia, but also practical insights into the nuances of Indonesian business culture.
Hotels, Tourism and Leisure
Ashurst’s regional practice represents several of the world’s major hotel groups on development projects in Indonesia as well as operational and hotel management activities.
Infrastructure and Construction
Our infrastructure practice acts for investors on a variety of major infrastructure projects covering: real estate and strata title; telecommunications equipment for government departments; port development projects and regulation; oil and gas production facilities; steel manufacturing plants; toll roads; electricity generation, transmission and distribution projects.
Litigation and Dispute Resolution
We advise on and assist through the entire process of establishing new companies, obtaining licenses, establishing joint ventures and representative offices as well as acting on acquisitions of interests in Indonesian businesses.A critical part to our advice is working with clients in establishing the right investment structure from both an operational and tax perspective. Our advice to foreign investors covers not only legal aspects of doing business in Indonesia, but also practical insights into the nuances of Indonesian business culture.Working with Ashurst, our clients benefit from the firm’s wide experience of resolving disputes in many business sectors, our expertise in the dispute resolution process and our unwavering focus on our clients’ business needs. Our lawyers are experts in the conduct of litigation, arbitration and alternative dispute resolution. We work with some of Asia’s leading organisations to resolve their complex, high profile, commercial disputes. We take a strategic approach to dispute resolution. We focus on the issues that matter to clients and how the dispute resolution process can be managed to deliver the optimum result for the client. The client’s dedicated legal team is able to draw on the resources, knowledge and expertise of our global dispute resolution practice in: Banking, regulatory and finance disputes; Class actions; Commercial disputes; Competition disputes; Employment disputes; Energy, transport and infrastructure disputes; Financial regulatory disputes; Fraud and corporate crime; International arbitration; International compliance and investigations; Product liability; Real estate disputes; Restructuring and insolvency disputes; Technology disputes.
Mergers and Acquisitions
Our M&A work ranges from highly regulated areas (such as capital markets and financial institutions) to negotiated commercial transactions. Interaction with regulators and an ability to predict/shape regulatory outcomes, as well as an awareness of practical and reputational implications of the transaction is often also required. We also advise on corporatizations, privatisations, restructurings and liquidations / bankruptcy. Our clients include listed and unlisted companies as well as state-owned enterprises.
Mining, Energy and Resources
Working closely with Ashurst’s regional energy and resources practice, we have extensive experience handling mining and minerals projects in Indonesia. Our team regularly advises the biggest players on many of their most significant, complex and iconic deals. Recent changes in the mining law and foreign investment environment in Indonesia have created unique opportunities for foreign investors. The OSP team is at the forefront of understanding these issues, developing solutions and providing commercial advice to our local and foreign clients. Our work covers greenfield and brownfield investments and acquisitions across all commodities including coal, nickel, gold, copper, tin, bauxite, lead and zinc. We also advise on offtake arrangements, mining services arrangements and supply infrastructure (ports and roads). We act for oil and gas companies and contractors in relation to production sharing arrangements and on a range of regulatory matters.
Regulatory
We regularly advise government and private sector clients about their respective legislative and regulatory obligations and on their relationships with regulatory authorities. We act for clients across a range of industries and members of our team have considerable expertise in dealing with regulations and regulators in the following areas: Monopoly and anti-unfair competition law; Franchising; Banking; Capital markets; Shipping; Telecommunications; IT; Forestry; Government procurement and Regional autonomy.
Shipping
OSP has a substantial shipping practice group. We advise vessel owners, charterers, banks and shipping operators on a variety of transactions and matters including: foreign investment and structuring; vessel acquisitions and financing; vessel mortgages; security and registrations; ship management; contracts and new builds.
Telecommunications
We have considerable experience in advising on telecommunications related transactions and understanding how the regulators operate. We understand the range of areas likely to affect any telecommunications project in Indonesia including: structuring and financing of major foreign investments; telecommunications regulation in Indonesia; land acquisition, title and usage issues; government procurement and tendering requirements; damages claims resulting from collapse of communications towers. Our lawyers have advised on the commissioning and launching of telecommunication satellites to serve the Indonesian market as well as acted for major overseas telecommunications companies proposing to acquire majority interests in Indonesian telecommunications companies. Our advice has included topics relevant to communications investments such as: the telecommunications licences and approvals held; spectrum licences, operating permits and licences; telecommunications related agreements; agreements with equipment vendors; title to and rights in respect of land.