OUR SERVICES / AREA OF PRACTICES
Our commitment is to understand and focus on what client’s needs. By providing the best legal services, ABP Advocates will help client in protecting its business from any legal challenges anywhere in Indonesia. The combination of well-experienced and dedicated team members will ensure that your legal problems will be effectively solved.
Bankruptcy, Suspension of Payment and Debt & Corporate Restructuring
ABP Advocates team has a truly diverse practice and a record of accomplishment in some of the most significant bankruptcy matters. We are counsel to debtors, creditors’ committees, ad hoc committees, secured lenders, and other participants in the distressed markets. We handle financial institution restructurings, cross-border insolvencies, distressed real estate matters, insolvencies involving key intellectual property, and hedge fund failures, among other things. We represent both borrowers and lenders on all aspects of restructuring and bankruptcy. We are also experienced in assisting on bankruptcy litigation cases as well as representation in Suspension of Debt Payment Obligation (PKPU) proceedings at Indonesian courts.
Bankruptcy is an alternative approach for clients as a creditor to pursue its due and payable claim against its debtor. A bankruptcy application is often considered to be a serious threat to adebtor, causing it to pay serious attention to a creditor claim. We represent clients in various bankruptcy or suspension of payment proceedings in the Commercial Court and the Supreme Court. We assist clients in advising strategies and documents to initiate bankruptcy or suspension of payment proceedings and in dealing with various matters as a result of bankruptcy or suspension of payment declaration.
We also have an experienced, full-service debt trading team that represents banks, asset managers, hedge funds, and other market participants in every type of debt trading transaction, including par and distressed loan trades, restructured equity transactions, trade claims trades, derivatives transfers, loan securitizations, and portfolio transfers, and that has provided related regulatory and strategic counsel.
General Corporate Matters and Commercial Law Contract
Running a business especially in Indonesia is very challenging. Because it not only needs business skill but also sensitivity to comply with law and regulations related to corporations which are changing dynamically. Issues related to corporation and legal are called as Corporate Legal Matters.
Further, Corporate Legal Matters are a set of obligations that should be fulfilled by a company including its shareholders, Board of Directors and Board of Commissioners. Basically, things related to Corporate Legal Matters are regulated by Law No. 40 of 2007 concerning Limited Liability Company (“Company Law”) and then is elaborated on respective industries regulations.
Company Law contains imperative and non-imperative provisions to establish and manage a company properly. In regard to company establishment, Company Law requires a certain minimum capital and minister approval. In managing a company, the Company Law provides a set of guidance to record company’s documents, conduct annual and extraordinary meeting and reporting obligation. Further, Company Law also determines the procedures how to conduct corporate actions such as merger, acquisitions, spin-off, and so on.
Fail to adhere with those set of provisions and guidance will damage the company. Because the company will be imposed with several sanctions ranging from admonition to company dissolution.
We offer consultancy on drafting the companies by laws and act of incorporation, registration at National Registration Centre, negotiating and drafting agreements for sale -purchase of shares and quotas, opening branches or represented offices, merger or dissolution of companies, Corporate matters / Business Law.
Merger and Acquisition
We assist clients in asset and share acquisition transactions, mergers and reorganizations, ensuring regulatory compliance and attending to all related due diligence and document preparation.
We have helped clients to complete many high profile acquisitions involving both private and publicly listed companies in a wide variety of industry sectors.
We specialize in acquisitions, divestures, Joint Ventures, spin-offs and mergers, and have assisted consortia in their bids for majority-control / minority shareholding interests in prominent Indonesian companies.
We advise on all aspects of Indonesia’s Investment Law to ensure that prospective investors obtain the maximum benefit offered by the Law, garnering a full understanding of the correlation with other regulatory requirements of starting a business in Indonesia. ABP also assist in formulating the required documentations and thinking through possible alternatives to direct foreign investment.
Throughout the years, Indonesia remains one of the most attractive countries for Foreign Investors, especially in the Southeast Asia region. In 2007, the Government issued the legal basis of Investment Law, the Law No. 25 of 2007 on Investment (“Investment Law”). The regulation, together with the Indonesia Investment Coordinating Board (Badan Koordinasi Penanaman Modal) are the two pillars of Investment Law and Regulation in Indonesia.
In Indonesia there are two common forms of Foreign Investment. The first is Direct Investment, in which the investment must be in the form of establishing a limited liability company called Foreign Direct Investment Companies (FDI Companies) otherwise known as PT PMA. The second is Indirect Investment. Of the two, only Direct Investment is regulated directly by the Investment Law.
Due to the vast industries and business sectors available in Indonesia, in order to invest in Indonesia investors have to liaise with several Government Agencies outside Indonesia Investment Coordinating Board pursuant to the business sector of their business. For some business sectors, foreign investment are limited and even restricted. Some also require the Investors to obtain technical recommendations.
It is common for Foreign Investors to invest in existing Companies aside from establishing their own in Indonesia. Foreign Investors establishing Representative Offices to perform research, supervising and coordinating the business of their Parent Company overseas are also commonly found in Indonesia.
Manpower and Industrial Relation
Indonesia’s employment laws are complex. We regularly provide advice to our multinational clients on all types of employment matters, including fixed term and permanent contracts, mass terminations, labour unions, strikes and employment disputes, as well as outsourcing, severance entitlements in mergers and acquisitions and manpower contingency plans. ABP also has extensive first-hand experience in negotiations with employees and labour unions as well as regular tasks such as drafting employment contracts, outsourcing and secondment agreements, company regulations and collective labour agreements.
For instance, ABP has advised a multinational bank on responding to a national strike affecting twenty branches throughout Indonesia. Negotiations involved several government institutions and ended amicably.
We also represented many multinational companies in implementing their redundancy plans, helping them avoid unnecessary payments and easing the potential difficulties of the redundancy process.
Indonesia is characterized by its dynamic labor conditions. In 2004, the country completed a labor law reform program through the enactment of Law No. 2 on the Settlement of Industrial Relations Disputes. This was the last of the three pieces of major labor legislation regulating labor issues in Indonesia, along with Law No. 21 of 2000 on Trade Unions and Law No. 13 of 2003 on Employment.
In addition, Indonesia was the first country in Asia and the fifth in the world to ratify all core ILO Conventions. Since becoming a member of the ILO in 1950, Indonesia has ratified 18 conventions – eight core conventions, eight general conventions, and two other conventions. Be that as it may, Indonesia is still not free from labor problems.
Disputes between employers and workers are common in industrial relations. Industrial disputes in recent years have often ended in violence, either with workers taking out their frustration at the failure to resolve their grievances, or employers enlisting security forces to put down protests
Our experienced litigators regularly represent clients as plaintiffs or defendants before Indonesian courts, and assist clients with settling disputes and advising on appropriate and effective litigation strategies. We also represent clients as plaintiffs or defendants in arbitration proceedings.
ABP understand clients’ commercial interest to avoid litigation, and would prefer to seek amicable settlement out of court. However when it becomes inevitable, ABP Advocates can assist and represent clients in various disputes before the Indonesian courts. We assist clients in advising and formulating reliable litigation strategies, reviewing and analyzing documents, facts and evidences, drafting various court documents, preparing witness and expert and to present the case. Our lawyers have extensive litigation skills and experiences and are qualified and licensed to act as legal counsel before the Indonesian courts. Our scope and experience include assisting and representing clients in general civil and commercial disputes, anti-monopoly and business competition, telecommunication, mining and energy, maritime and shipping, aviation, banking and finance, labor and employment, property and construction, environment, insurance, entertainment, personal and family matters. We also assist and represent clients in criminal matters, to assist clients in filing police reports and examination in the police proceedings.
ABP would accompany client at the time of making the investigation Report (BAP) and at the Police Station (Polres, Polda, Bareskrim Mabes Polri) at all level Indonesian Police Station.
ABP believe that globalization and technology developments nowadays are changing the form of interaction among people all over the world and have made most Nations to be more “border less”.
The result of the mentioned condition above also reflected in the increase of mixed nation marriage couples includes here in Indonesia. We believe that many foreigners or even Indonesian citizen are not familiar with the process or how the mixed nationality marriage legal preparation or even the effect if they want to enter in to mix nation marriage life.
Our lawyers will provide you with our professional legal suggestion and opinion to make sure that you will enter or even settle your marriage life with confidence and comply with all of the related prevailing law and regulation.
ABP provides you a comprehensive family legal matters from the prenuptial wedding agreement to handling litigation cases related with family law.
Our Lawyers have considerable experience of advising high net global individuals and have represented leading personalities from the government officials, and expatriates matters..
Most members of our family law team are specialist family Lawyers committed to a constructive approach to the practice of family law. As a result of our commitment to the resolution code of practice, most our cases achieve a settlement by constructive negotiation, saving costs for everyone involved.
Real Estate and Construction
We also provides a wide range of legal services on real estate, since the property development in Indonesia is increasing, the company which run their business in real estate sector needs to be preventively protected. To protect our client’s legal interest and business, we provide legal services on real estate such as:
- To draft sales package documents for residential apartment, office tower and mixed used apartment development;
- To advise the legal-oriented property management for residential apartment, office tower and mixed used apartment development;
- Establishment of tenants association and drafting the article of association and by-laws of tenants association;
- To draft housing rules for residential apartment, office tower and mix-used apartment;
- Supervising the sales structure of units in an residential apartment, office tower and mix-used apartment from the developers to the buyer;
- Reviewing the agreement from the developers or the tenants association for the third parties;
- To draft and structuring the related contracts for the sale of company’s assets; and
- To draft construction contract.
ABP provide services to various domestic and foreign companies in starting up its online retail and web portal business in Indonesia. We are also experienced in handling general corporate and license matters for such businesses and to legally safeguard the operations of such businesses as well as assisting clients in arrangement with logistic companies, warehouse, drafting various agreements with suppliers/sellers and other legal supports.
ABP have more extensive knowledge of the current tax laws and policies of the Directorate General of Taxation to find the most tax-friendly approach to all types of transactions, both corporate and personal. We assess the tax implications of complicated business structures and investments as well as real estate acquisitions and other transactions.
Energy and Mining
We assist foreign mining companies, investors and offshore lenders in respect of mineral resource development from regulatory issues to mining approvals for exploration. We also handle all corporate, environmental, labor, and dispute resolution matters for our energy, mining and other natural resources clients.
Intellectual Property Rights
ABP advise on the registration, protection and enforcement of trademarks, patents and copyrights, industrial designs and geographical indications, and on all aspects of franchising arrangements in Indonesia. We also advise on the negotiation and drafting of the relevant documents and agreements, applications for registration, assignment, and public announcements, both for international and Indonesian clients.
The value of industry in Indonesia, increased considerably in the last few years. The increase of industrial activity in a country should be accompanied by the society awareness in the protection of intellectual property rights which is related to their business.
However appreciation towards Intellectual Property Rights in Indonesia is still modest, therefore sometimes some people consider Intellectual Property Rights are not important. However, the Intellectual Property Rights are in fact useful to protect the businessman from the possibility of unauthorized use of the rights.
Since 1994, Indonesia already become a member of World Trade Organization. As a member of WTO, Indonesia have to adjust any legislation related to Intellectual Property Rights with the Trade Related Aspects of Intellectual Property Rights (TRIPs) standard. The types and regulation of Intellectual Property Rights in Indonesia are Copyright by Law No. 28 of 2014, Patent by Law No. 14 of 2001, Trademarks by Law No. 15 of 2001, Industrial Design by Law No. 31 of 2000, Integrated Circuit Layout Design by Law No. 32 of 2000, Trade Secrets by Law No. 30 of 2000 and Varieties of Plants by Law No. 29 of 2000.
Anti Monoply and Business Competition
ABP represent and assist clients in dealing with various stages in the Indonesian Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/ KPPU) and court proceedings related to the allegation of violation of the Indonesian Competition Law.