SSEK Advises Daewoo International Corporation on Funding for Copper Project

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SSEK Legal Consultants has acted as Indonesian counsel to Daewoo International Corporation in connection with a US$210 million funding for the expansion of Australia-listed Finders Resources’ copper cathode plants (known as the Wetar Copper Project) in Indonesia’s Maluku Province.

This US$210 million funding consists of a credit approved commitment letter with a group of four banks for US$165 million of senior loan facilities and a US$45 million equity investment by Daewoo in Finders’ wholly owned Indonesian subsidiary, PT Batutua Tembaga Raya, which holds the Wetar Copper Project. Daewoo will hold a 24.1% economic interest in PT Batutua Tembaga Raya.

The complex deal involved the acquisition of shares in PT Batutua Tembaga Raya and the financing of the project held by the miner, as well as advising on various mining issues. Read more »

SSEK Partner Recognized as Leading Lawyer in Indonesia for Shipping

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Dyah Soewito, a founding partner of SSEK Legal Consultants, has been recognized by Who’s Who Legal as a leading Shipping practitioner in Indonesia.

Ms. Soewito is the head of the firm’s shipping practice. She specializes in shipping and maritime law, oil and gas law, foreign investment, construction and real estate, and corporate and commercial law.

She has deep ties to the Indonesian legal community and government offices, giving her a unique insight into the country’s regulatory framework. Ms. Soewito, as one client said, “excels in face-to-face negotiations thanks to her complete knowledge of relevant legislation and accurate analysis of the positions of various parties” (Chambers & Partners). Read more »

SSEK Foreign Legal Advisor Recognized as Leading Mining Practitioner

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Michael S. Carl, a foreign legal advisor at SSEK Legal Consultants, has been recognized by Who’s Who Legal as one of the leading Mining practitioners in Indonesia.

Mr. Carl is a supervising advisor for the firm’s mining practice. He specializes in mining, energy, infrastructure, finance, insolvency and restructurings, and M&A. He joined SSEK in 2004 and has more than 20 years of experience practicing law in Southeast Asia, principally in Indonesia.

Mr. Carl advises multinationals and large domestic companies on all aspects of their operations in Indonesia’s mining sector. He advised Intrepid Mines, listed in Australia, on the resolution of a dispute with its former Indonesian JV partner over a world-class porphyry project. He has advised on long-term coal sales agreements, represented a European state-owned electricity provider as a strategic investor in the IPO of a leading Indonesian coal producer and currently advises on smelting and other possible investments in mining assets in Indonesia. Read more »

A New Business Landscape in Indonesia

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SSEK Legal Consultants’ Rusmaini Lenggogeni and Winnie Y. Rolindrawan provide an overview of the rules and regulations affecting investment in Indonesia and look at the main legal developments in the country over the last year and how they impact companies operating or investing in Indonesia.

1. What were the most important legal developments in Indonesia in the last 12 months and how might they affect businesses?

The Indonesian Government has issued several significant laws and regulations in the past 12 months. The Trade Law (Law No. 7 of 2014 regarding Trade) was issued to create a comprehensive legal umbrella for both domestic and international trade-related activities. It coordinates international trade policies, standardization, licensing, consumer protection and trade promotion, and replaces the Dutch colonial era trade law of 1934. The new law introduces stricter requirements on Indonesian-language labelling, the use of domestic products, standardization to meet the Indonesian National Standard (SNI), import-export licensing and other measures, price enforcement, the imposition of trade restrictions or bans, e-commerce, the imposition of antidumping and countervailing duties and safeguards, border trade, and consultations with the House of Representatives (DPR) in reviewing foreign trade agreements.

Also issued was the new Industry Law (Law No. 3 of 2014 regarding Industry), which provides a master plan for national industry development and aims to strengthen industry in Indonesia and encourage industrial development across the country. It revokes the 1984 Industry Law. Similar to the Trade Law, the Industry Law is nationalistic in tone, particularly in its stipulations regarding the use of domestic products. Read more »

Free Employment Law Webinar

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The Employment Law Alliance is offering a free 90-minute webinar on Wednesday, January 21, focusing on “Year in Review: Key U.S. Labor and Employment Law Developments in 2014 and What to Expect in 2015.”

There were a large number of changes in labor and employment law in the U.S. in 2014 and the ELA expects to see at least as much action in 2015. This webinar will provide an overview of the key legal developments. Speakers will offer a national perspective with legal experts from every region of the country.

Together, they will offer insight on such topics as:

  • Recruiting and Hiring: The latest rulings on background checks and FCRA.
  • Hot Topics in EEO: The most recent pregnancy and disability accommodation cases, LGBT issues and the new requirements dealing with gender identity and sexual orientation discrimination for affirmative action employers.
  • Equal Pay: The current challenges to pay and compensation systems.
  • NLRB/Union Issues: The new “quickie election” rules, the use of an employer’s email system for union organizing, continued attacks on mandatory arbitration, and other landmark NLRB developments expected in 2015.
  • Class Action/Pattern and Practice Cases: Same sex harassment, retaliation, adverse action issues and whistleblowing claims.
  • Immigration: What you need to know about President Obama’s most recent executive action. Read more »

Indonesian Food Export Regulations and Licenses

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By Christina Natalia Soela

Export activities in Indonesia can be carried out by individuals, institutions and business entities. Export goods are classified as:

  1. Free Export Goods, which are goods that have no restrictions or prohibitions on their export from Indonesia;
  2. Export Restricted Goods, or goods on which there are restrictions on the type and/or amount of exports or on who can export such goods; and
  3. Export Prohibited Goods, which are goods that are prohibited to be exported.

Processed foods and beverages are generally classified as Free Export Goods. Given that, we will look here only at the licenses and documents required for Free Export Goods. Before exporting goods, an exporter must first obtain the required corporate documents and business licenses, which include:

  1. Trading Business License (SIUP) or other business license from the relevant technical ministry/non-ministerial government agency/institution;
  2. Company Registration Certificate (Tanda Daftar Perusahaan or TDP); and
  3. Taxpayer Registration Number (Nomor Pokok Wajib Pajak or NPWP).

Read more »

SSEK Advises Thai Containers Group on Indonesian Acquisition

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SSEK Indonesian Legal Consultants acted as sole counsel to Thai Containers Group Co., Ltd. in its US$6.1 million acquisition of PT Indoris Printingdo, an Indonesian box and packaging manufacturer.

Thai Containers Group is a subsidiary of SCG Paper. It is the largest corrugated containers manufacturer in Southeast Asia.

Partner Fahrul S. Yusuf led the SSEK Team advising on the deal, assisted by senior associate Deni Sri Anjayani.

SSEK Advises on Rolls-Royce Sale to Siemens

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SSEK Indonesian Legal Consultants, a Jakarta-based full-service corporate and commercial law firm, has advised Rolls-Royce on all Indonesian aspects of its US$1.2 billion global sale of its energy gas turbine and compressor business to Siemens.

Rolls-Royce Plc. had a presence in Indonesia through its subsidiary Rolls-Royce Industrial Power Engineering (Overseas Projects) Limited, which since 2012 had a Foreign Construction Services Company Representative Office in the country. SSEK advised on the transfer of Rolls-Royce’s Indonesian business, employees and assets to Siemens. Read more »

Indonesian Franchising Rules and Regulations

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By Ade B. Adamy

With a population of more than 250 million, Indonesia is an attractive country for investors, particularly those interested in the distribution, retail and franchise sectors. But 2014 was a nervous time for new and existing investors in Indonesia, many of whom delayed any major actions to see how the country’s legislative and presidential elections would play out.

We would expect this situation to continue through the end of the year, despite Indonesia having elected a new president, Joko Widodo, on July 9. Investors are expected to wait and see the direction of the new government and the economic policies of President Widodo, but there is optimism. With his call “to work, work, work” in his inaugural address, President Widodo has engendered hope for a better business environment in Indonesia.

Investors in the franchise sector though must first be aware of the latest changes to franchising regulations issued by the Ministry of Trade just prior to President Widodo’s inauguration on October 20. Read more »

New Registration Rules for Integrated Construction Service Companies in Indonesia

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By Awang Fahrizal Bahrin

Indonesia’s Construction Services Development Institute (“LPJK”) has issued LPJK Regulation No. 5 of 2014 regarding Integrated Construction Services Registration, dated June 11, 2014 (“LPJK Reg. 5/2014″ or “New Regulation”).

LPJK Reg. 5/2014 revokes LPJK Decision No. 15/KPTS/LPJK-N/II/2012 regarding Procedures for the Re-Registration, Renewal of Terms, New Certificate Request of Integrated Construction Service Entities (“LPJK Dec. 15/2012″).

Changes in New Regulation

The New Regulation amends the requirements for the issuance of the Business Entity Certificate (Sertifikat Badan Usaha or “SBU”) for integrated construction service companies. The SBU will be issued based on the Classification and Qualification of the business entity in question, as stipulated in the New Regulation. Read more »