Our Services

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 thoseconcerning palm oil, plantations, and forestry. Our work covers navigating the regulatory environment, mergers and acquisitions, sales contracts, the environment, financing, joint ventures, and re-financing.

Banking and Finance

We have extensive experience providing legal services to Indonesian and cross-border clients in the banking and finance sectors. 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 the present regulation but also how the regulation has evolved and where it is headed. 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 knowledge of capital markets work, including IPOs, rights issues, bond issues, go-privates and de-listings as well as advising on regulatory matters. Partners at Ashurst 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 financing.

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 the 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 of our advice is working with clients to establish the right investment structure from both an operational and tax perspective. Our advice to foreign investors covers not only the 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 of our advice is working with clients to establish the right investment structure from both an operational and tax perspective.

Our advice to foreign investors covers not only the legal aspects of doing business in Indonesia, but also practical insights into the nuances of Indonesian business culture. Working in partnership 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.

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 the ability to predict and shape regulatory outcomes, as well as an awareness of the practical and reputational implications of the transaction, is often also required. We also advise on corporatisations, 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 mineral 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 Ashurst 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 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

Ashurst 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; and damages claims resulting from the collapse of communications towers. Our lawyers have advised on the commissioning and launch 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.