Admiralty, Shipping & Aviation
Indonesia is one of the Asian foremost shipping centres. As such, the practice of admiralty and shipping law is significant aspect of the legal landscape. Yanuar, Udaya Partners has been known to the circle of international maritime lawyers and maintains close cooperation with international leading P&I clubs
Arbitration, Mediation & Alternative Dispute Resolution
Following the enactment of Law No. 30/1999 on Arbitration and Alternative Dispute Resolution, replacing the old rules laid down Rechtsreglement op de Burgerlijke Rechtsvordering, out-of-court dispute settlement has since long grown in prominence. As regards arbitration, Indonesian law allows disputants to refer their disputes or discrepancies to arbitration for determination, either by institutional arbitration, such as the Indonesian National Arbitration Board (BANI) and the Indonesian Capital Market Arbitration Board (BAPMI), or by ad-hoc arbitrators.
The Supreme Court Regulation No. 2/2003 on the Procedures of Court-Annexed Mediation has been enacted as further compliance with Article 130 of Het Herziene Inlandsch Reglement and Article 154 of Het Rechtsreglement Buitengewesten (both Indonesian codes of civil procedures); litigants are encouraged to settle their disputes amicably with the help of certified mediators. The Indonesian National Mediation Centre has been established to accommodate this rule and the Centre has been accredited by the Indonesian Supreme Court, and being a certified mediator registered as a member of the Centre.
With Yanuar, Udaya & Partners as arbitrator, mediator or counsel to either disputant, parties to legal proceedings will find the best solutions for their disputes. Everything is treated in strict confidence to assure that privacy and secrecy are fully protected and respected.
Banking & Money Markets
Although the Indonesian banking sector was decimated by the economic crisis and the collapse in the exchange rate left banks with up to 70% of outstanding loans non-performing, under advice from the International Monetary Fund, the Indonesian Government established the Indonesian Banking Restructuring Agency (IBRA) to oversee the rehabilitation and recapitalisation of the banking sector. Now, the Indonesian economy has normally grown as before and the banking sector has been recovered. IBRA has been dissolved and their remaining rights and obligations have been transferred to PT Perusahaan Pengelolaan Aset (PPA).
Bankruptcy & Moratorium
The old Faillissementsverordening has been rejuvenated by the enactment of the new Bankruptcy Code. Hit by the prolonged economic crisis, many major companies went to bankruptcy and insolvency, either voluntarily or forced by their creditors, and creditors’ rights are recovered thereby. We have comprehensive knowledge of bankruptcy and moratorium and fully qualified to practise in this field either as counsel or receiver/administrator.
Capital Markets
Prior to the economic crisis, Jakarta was a home to a flourishing securities market with a steady flow of debt and equity issues keeping business circle busy. The year 1997 witnessed a record-breaking 30 IPOs. Although for the third year running, the Indonesian capital markets have, with the exception of a handful of international issues made by Indonesian companies, been a little quiet, we believe that Indonesian capital markets will be booming again like in the past. We are qualified to practise law within this field and for the purpose of such qualification; we have been officially registered with the Indonesian Capital Market Supervisory Board (BAPEPAM) and the Indonesian Capital Market Legal Consultants Association.
Corporate & Commercial, Corporate Finance and Business Transactions
As one of the largest consumer markets in the world, Indonesia has long attracted investment from the world’s multinationals. As the economy expanded rapidly through the 1980s and 1990s, this investment increased, providing major companies with a steady stream of joint venture and cross-border M&A projects. In the post-crisis Indonesian economy there is a great deal of overlap between corporate and commercial works and other spheres, such as banking and debt restructuring. The work of IBRA had impact not only on banks, but also on many of the country’s large corporate entities. However, we have become very flexible in anticipating this overlap. We are also fully qualified and have extensive knowledge and experience in corporate and commercial matters.
Competition Law
Following the enactment of Law No. 5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, the fundamentals of market economy as first laid down by Adam Smith have upheld the major pillars of the Indonesian economy. The Law Firm of Yanuar, Udaya & Partners has extensive and comprehensive knowledge and expertise of competition law.
Environment
Environmentally responsible companies are not without sin. Indonesia has enacted considerable strict local environmental laws so much to save the environment without preventing foreign competition. It is common for the World Bank’s environmental standards to be applied as a condition of obtaining project financing from international lenders. As a result, erection, procurement and construction (EPC) and operate and manage (O&M) contracts increasingly incorporate provisions related to the World Bank’s environmental standards. We are qualified to advise clients on the implications of Indonesian local environmental laws and the World Bank’s environmental standards. We strive to assist our clients to comply with environmental laws and regulations while assuring the continuance of their business in accordance with the spirit of market economy. Educated in Europe and doing researches in the field of environmental law in accordance with European and international standards, the Firm assures the adherence to such high standards when advising clients in dealing with business and commercial transactions.
Project Finance and Natural Resources
Indonesia’s deep mineral deposits and vast infrastructural needs were among the country’s original attractions for foreign investors and lenders. Both remain, but although all or almost all PPPs have come to a halt in the country, the oil and gas sector remains one of the country’s key sources of foreign currency. Indonesia has among the largest gas reserves in the world and is the only Far East member of OPEC, producing somewhere in the region of half a billion barrels of oil per annum, most of which originates from Central Sumatra. The Law Firm of Yanuar, Udaya & Partners has vast and extensive experiences in these fields.
Forestry, Fishery & Plantations
Indonesia is an archipelagic country with a vast area consisting of rain forest and oceanic nature. Foreign investors and lenders have since long been attracted to do business with and extend loans to major Indonesian companies in the field of forestry, fishery and plantations. Sawmill and timber companies as well as plantation industries have been established through joint ventures and operated in Indonesia with the loans obtained from foreign lenders. The Law Firm of Yanuar, Udaya & Partners has vast and extensive experiences in these fields.
Insurance
Insurance is a growing business in Indonesia as number of international insurance companies, such as Prudential, Manulife, Internationale Nederlanden Groep, Aetna etc, clamber to establish local operations. The Law Firm of Yanuar, Udaya & Partners also advises insurance clients on general regulatory, compliance and litigation issues from its separate commercial insurance and collective investment group, which also handles reinsurance work.
International Trade, Investment (Foreign & Domestic)
Indonesia is moving towards the era of globalisation. As consequence of the globalisation, Indonesia has been open to foreign investment. Indonesia regulates the form and substance of foreign investment through a wide assortment of domestic corporate laws. This is particularly visible in strategic industrial sectors. In response to the skyrocketing needs for qualified lawyers in this borderless world, the Law Firm of Yanuar, Udaya & Partners possesses extensive knowledge and expertise in both fields and we also advises foreign and domestic investors intending to invest in Indonesia.
Intellectual Property Rights
Indonesia is a member of the World Intellectual Property Organisation and has ratified a series of international treaties on intellectual property rights. As compliance with her international organisation, a set of amendments have been passed to update Indonesia’s existing copyright, patent and trademark law. The past few years have seen significant advances in Indonesia’s IP Legislation, reflecting the government’s drive to boost the level of technology development and investment. Protection has, accordingly, been much more afforded to IPR owners by both registration and enforcement. Under the new copyright law, published inventions by anonymous parties will be owned by their publishers, while the patent law amendment states that the degree of novelty required in an invention means it is not a continuance of a previous work. The new trademark law mean protection for renowned products depends upon the initiative of their owners. In addition, a series of other intellectual property laws, such as those concerning integrated circuits, trade secrets and plant variety breeding, have also been passed. As a full-service law firm with international orientation, the Law Firm of Yanuar, Udaya & Partners acts for a wide range of international clients and handles trademark registration and patents, and is active on behalf of international corporations across sectors that include food, pharmaceutical, luxury goods and publishing.
Information Technology & Telecommunications
Indonesia has embraced the information revolution like few other countries. It recently completed a cable network which gives almost every industry in the country a high-speed Internet connection; the Government lavishes development capital in IT projects and almost no self-respecting Indonesian company would be with an e-commerce strategy.
Labour & Employment
Corporations are lifeless entities with one principal objective: maximising profit for their stockholders. To be sure, many corporate leaders find it smarter to be thoughtful of those who work for the firm. Unless the Government intervenes, however, corporations will often subordinate the interests of their workers to those of those stockholders. Accordingly, virtually all societies have enacted laws that protect workers from abusive or discriminatory practices. The economic crisis and subsequent needs for restructuring brought about some labour law reforms that have increased employment flexibility in Indonesia. At present, the main bone of contention regarding labour laws in Indonesia relates to the use of contract labour, which is covered by Manpower Law No. 13/2003. Employment matters are a key aspect of many of the M&A deals and corporate restructurings currently taking place. Advice on labour and employment matters has been an increasingly important part of Yanuar, Udaya & Partners work.
Litigation
We always attempt to discourage clients from going to litigation. Mediation and other alternative dispute resolutions, such as negotiation, consultation and facilitation, can be a choice to settle all disputes amicably. However, if any amicable settlement cannot be achieved, litigation must be sought. The Indonesian legal system is based the Civil Code introduced by the Dutch. Our main strength in litigation services lies in the thorough and complete understanding of the codes, which are entirely written in Dutch and the familiarity with the procedures in handling cases before Indonesian courts. All members of the firm are fully admitted to practise law before all court jurisdictions in the Republic of Indonesia, and such professionalism is supported by their long-standing expertise and experience in the litigation area. We also maintain close relationships with retired judges on an of-counsel basis. As the prevailing codes are entirely in Dutch and the language governs all interpretation of the provision thereof, we proudly say that our strength in this field is fully supported
Mining, Oil, Gas & Energy
In all OPEC member countries like Indonesia, mineral, oil and gas are controlled by the State, but the search for and exploitation of oil is usually a co-operation between the State, in casu the National Oil Company, and foreign oil companies. In Indonesia mineral, oil and gas mining undertaking should be carried out by the State-owned oil enterprise, Pertamina. Therefore, mineral oil and gas mining activities should be carried out in cooperation with Pertamina. The concept of Production Sharing referred to in the Presidential Statement of 3rd August 1962 was adopted as basis of the Production Sharing Contract in phase II. Production Sharing Contracts need to be implemented in the light of the Foreign Investment Law, especially regarding the procedure on foreign investment. The Law Firm of Yanuar, Udaya & Partners possesses extensive knowledge and expertise in both fields and we also advises foreign investors intending to invest in Indonesia in the field of mining, oil, gas and energy as well as those intending to invest in this country in the fields of mining, oil, gas and energy consultancy and construction.
Property, Real Estate & Construction
There is some new major construction in Indonesia at present. The considerable growth evident in this sector over the course of the past two decades has indeed slowed to a standstill since 1997. Nonetheless Indonesia has great infrastructural needs that have yet to be met. These include requirements for more port, railway, road and airport facilities. We have the expertise to advice clients in looking to acquire property at bargain basement price and we have the experience in representing clients (project owners and/or contractors) before the arbitral tribunal as well as the court of justice in respect of commercial disputes arising out of or in connection with property, real estate and construction contracts.
Other Services
Other (supporting) services provided by Yanuar, Udaya & Partners include the following:
Indonesia is one of the Asian foremost shipping centres. As such, the practice of admiralty and shipping law is significant aspect of the legal landscape. Yanuar, Udaya Partners has been known to the circle of international maritime lawyers and maintains close cooperation with international leading P&I clubs
Arbitration, Mediation & Alternative Dispute Resolution
Following the enactment of Law No. 30/1999 on Arbitration and Alternative Dispute Resolution, replacing the old rules laid down Rechtsreglement op de Burgerlijke Rechtsvordering, out-of-court dispute settlement has since long grown in prominence. As regards arbitration, Indonesian law allows disputants to refer their disputes or discrepancies to arbitration for determination, either by institutional arbitration, such as the Indonesian National Arbitration Board (BANI) and the Indonesian Capital Market Arbitration Board (BAPMI), or by ad-hoc arbitrators.
The Supreme Court Regulation No. 2/2003 on the Procedures of Court-Annexed Mediation has been enacted as further compliance with Article 130 of Het Herziene Inlandsch Reglement and Article 154 of Het Rechtsreglement Buitengewesten (both Indonesian codes of civil procedures); litigants are encouraged to settle their disputes amicably with the help of certified mediators. The Indonesian National Mediation Centre has been established to accommodate this rule and the Centre has been accredited by the Indonesian Supreme Court, and being a certified mediator registered as a member of the Centre.
With Yanuar, Udaya & Partners as arbitrator, mediator or counsel to either disputant, parties to legal proceedings will find the best solutions for their disputes. Everything is treated in strict confidence to assure that privacy and secrecy are fully protected and respected.
Banking & Money Markets
Although the Indonesian banking sector was decimated by the economic crisis and the collapse in the exchange rate left banks with up to 70% of outstanding loans non-performing, under advice from the International Monetary Fund, the Indonesian Government established the Indonesian Banking Restructuring Agency (IBRA) to oversee the rehabilitation and recapitalisation of the banking sector. Now, the Indonesian economy has normally grown as before and the banking sector has been recovered. IBRA has been dissolved and their remaining rights and obligations have been transferred to PT Perusahaan Pengelolaan Aset (PPA).
Bankruptcy & Moratorium
The old Faillissementsverordening has been rejuvenated by the enactment of the new Bankruptcy Code. Hit by the prolonged economic crisis, many major companies went to bankruptcy and insolvency, either voluntarily or forced by their creditors, and creditors’ rights are recovered thereby. We have comprehensive knowledge of bankruptcy and moratorium and fully qualified to practise in this field either as counsel or receiver/administrator.
Capital Markets
Prior to the economic crisis, Jakarta was a home to a flourishing securities market with a steady flow of debt and equity issues keeping business circle busy. The year 1997 witnessed a record-breaking 30 IPOs. Although for the third year running, the Indonesian capital markets have, with the exception of a handful of international issues made by Indonesian companies, been a little quiet, we believe that Indonesian capital markets will be booming again like in the past. We are qualified to practise law within this field and for the purpose of such qualification; we have been officially registered with the Indonesian Capital Market Supervisory Board (BAPEPAM) and the Indonesian Capital Market Legal Consultants Association.
Corporate & Commercial, Corporate Finance and Business Transactions
As one of the largest consumer markets in the world, Indonesia has long attracted investment from the world’s multinationals. As the economy expanded rapidly through the 1980s and 1990s, this investment increased, providing major companies with a steady stream of joint venture and cross-border M&A projects. In the post-crisis Indonesian economy there is a great deal of overlap between corporate and commercial works and other spheres, such as banking and debt restructuring. The work of IBRA had impact not only on banks, but also on many of the country’s large corporate entities. However, we have become very flexible in anticipating this overlap. We are also fully qualified and have extensive knowledge and experience in corporate and commercial matters.
Competition Law
Following the enactment of Law No. 5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, the fundamentals of market economy as first laid down by Adam Smith have upheld the major pillars of the Indonesian economy. The Law Firm of Yanuar, Udaya & Partners has extensive and comprehensive knowledge and expertise of competition law.
Environment
Environmentally responsible companies are not without sin. Indonesia has enacted considerable strict local environmental laws so much to save the environment without preventing foreign competition. It is common for the World Bank’s environmental standards to be applied as a condition of obtaining project financing from international lenders. As a result, erection, procurement and construction (EPC) and operate and manage (O&M) contracts increasingly incorporate provisions related to the World Bank’s environmental standards. We are qualified to advise clients on the implications of Indonesian local environmental laws and the World Bank’s environmental standards. We strive to assist our clients to comply with environmental laws and regulations while assuring the continuance of their business in accordance with the spirit of market economy. Educated in Europe and doing researches in the field of environmental law in accordance with European and international standards, the Firm assures the adherence to such high standards when advising clients in dealing with business and commercial transactions.
Project Finance and Natural Resources
Indonesia’s deep mineral deposits and vast infrastructural needs were among the country’s original attractions for foreign investors and lenders. Both remain, but although all or almost all PPPs have come to a halt in the country, the oil and gas sector remains one of the country’s key sources of foreign currency. Indonesia has among the largest gas reserves in the world and is the only Far East member of OPEC, producing somewhere in the region of half a billion barrels of oil per annum, most of which originates from Central Sumatra. The Law Firm of Yanuar, Udaya & Partners has vast and extensive experiences in these fields.
Forestry, Fishery & Plantations
Indonesia is an archipelagic country with a vast area consisting of rain forest and oceanic nature. Foreign investors and lenders have since long been attracted to do business with and extend loans to major Indonesian companies in the field of forestry, fishery and plantations. Sawmill and timber companies as well as plantation industries have been established through joint ventures and operated in Indonesia with the loans obtained from foreign lenders. The Law Firm of Yanuar, Udaya & Partners has vast and extensive experiences in these fields.
Insurance
Insurance is a growing business in Indonesia as number of international insurance companies, such as Prudential, Manulife, Internationale Nederlanden Groep, Aetna etc, clamber to establish local operations. The Law Firm of Yanuar, Udaya & Partners also advises insurance clients on general regulatory, compliance and litigation issues from its separate commercial insurance and collective investment group, which also handles reinsurance work.
International Trade, Investment (Foreign & Domestic)
Indonesia is moving towards the era of globalisation. As consequence of the globalisation, Indonesia has been open to foreign investment. Indonesia regulates the form and substance of foreign investment through a wide assortment of domestic corporate laws. This is particularly visible in strategic industrial sectors. In response to the skyrocketing needs for qualified lawyers in this borderless world, the Law Firm of Yanuar, Udaya & Partners possesses extensive knowledge and expertise in both fields and we also advises foreign and domestic investors intending to invest in Indonesia.
Intellectual Property Rights
Indonesia is a member of the World Intellectual Property Organisation and has ratified a series of international treaties on intellectual property rights. As compliance with her international organisation, a set of amendments have been passed to update Indonesia’s existing copyright, patent and trademark law. The past few years have seen significant advances in Indonesia’s IP Legislation, reflecting the government’s drive to boost the level of technology development and investment. Protection has, accordingly, been much more afforded to IPR owners by both registration and enforcement. Under the new copyright law, published inventions by anonymous parties will be owned by their publishers, while the patent law amendment states that the degree of novelty required in an invention means it is not a continuance of a previous work. The new trademark law mean protection for renowned products depends upon the initiative of their owners. In addition, a series of other intellectual property laws, such as those concerning integrated circuits, trade secrets and plant variety breeding, have also been passed. As a full-service law firm with international orientation, the Law Firm of Yanuar, Udaya & Partners acts for a wide range of international clients and handles trademark registration and patents, and is active on behalf of international corporations across sectors that include food, pharmaceutical, luxury goods and publishing.
Information Technology & Telecommunications
Indonesia has embraced the information revolution like few other countries. It recently completed a cable network which gives almost every industry in the country a high-speed Internet connection; the Government lavishes development capital in IT projects and almost no self-respecting Indonesian company would be with an e-commerce strategy.
Labour & Employment
Corporations are lifeless entities with one principal objective: maximising profit for their stockholders. To be sure, many corporate leaders find it smarter to be thoughtful of those who work for the firm. Unless the Government intervenes, however, corporations will often subordinate the interests of their workers to those of those stockholders. Accordingly, virtually all societies have enacted laws that protect workers from abusive or discriminatory practices. The economic crisis and subsequent needs for restructuring brought about some labour law reforms that have increased employment flexibility in Indonesia. At present, the main bone of contention regarding labour laws in Indonesia relates to the use of contract labour, which is covered by Manpower Law No. 13/2003. Employment matters are a key aspect of many of the M&A deals and corporate restructurings currently taking place. Advice on labour and employment matters has been an increasingly important part of Yanuar, Udaya & Partners work.
Litigation
We always attempt to discourage clients from going to litigation. Mediation and other alternative dispute resolutions, such as negotiation, consultation and facilitation, can be a choice to settle all disputes amicably. However, if any amicable settlement cannot be achieved, litigation must be sought. The Indonesian legal system is based the Civil Code introduced by the Dutch. Our main strength in litigation services lies in the thorough and complete understanding of the codes, which are entirely written in Dutch and the familiarity with the procedures in handling cases before Indonesian courts. All members of the firm are fully admitted to practise law before all court jurisdictions in the Republic of Indonesia, and such professionalism is supported by their long-standing expertise and experience in the litigation area. We also maintain close relationships with retired judges on an of-counsel basis. As the prevailing codes are entirely in Dutch and the language governs all interpretation of the provision thereof, we proudly say that our strength in this field is fully supported
Mining, Oil, Gas & Energy
In all OPEC member countries like Indonesia, mineral, oil and gas are controlled by the State, but the search for and exploitation of oil is usually a co-operation between the State, in casu the National Oil Company, and foreign oil companies. In Indonesia mineral, oil and gas mining undertaking should be carried out by the State-owned oil enterprise, Pertamina. Therefore, mineral oil and gas mining activities should be carried out in cooperation with Pertamina. The concept of Production Sharing referred to in the Presidential Statement of 3rd August 1962 was adopted as basis of the Production Sharing Contract in phase II. Production Sharing Contracts need to be implemented in the light of the Foreign Investment Law, especially regarding the procedure on foreign investment. The Law Firm of Yanuar, Udaya & Partners possesses extensive knowledge and expertise in both fields and we also advises foreign investors intending to invest in Indonesia in the field of mining, oil, gas and energy as well as those intending to invest in this country in the fields of mining, oil, gas and energy consultancy and construction.
Property, Real Estate & Construction
There is some new major construction in Indonesia at present. The considerable growth evident in this sector over the course of the past two decades has indeed slowed to a standstill since 1997. Nonetheless Indonesia has great infrastructural needs that have yet to be met. These include requirements for more port, railway, road and airport facilities. We have the expertise to advice clients in looking to acquire property at bargain basement price and we have the experience in representing clients (project owners and/or contractors) before the arbitral tribunal as well as the court of justice in respect of commercial disputes arising out of or in connection with property, real estate and construction contracts.
Other Services
Other (supporting) services provided by Yanuar, Udaya & Partners include the following:
- Translation services
- Tax planning
- Insurance planning
- Investment planning
- Financial planning
- Retirement planning
- Wills, probates and family law matters
- Educational
- Research and development
- Recruitment
