Pioneers of Indonesian Law
40+ years of leading industry expertise
Committed to Excellence
Expertise & Services
Responsive, Transparent and Trusted
Our core expertise at Kusnandar & Co. consists of providing guidance to current and prospective foreign investors against their counterparts in Indonesia on the legal, financial and fiscal ramifications of each contextually relevant aspect of their investment, including the most appropriate structure for their projects, before their implementation and throughout the time of their operation.
Kusnandar & Co. undertakes sharp analysis anticipating potential loopholes in offering the most appropriate foundation for doing business in Indonesia, in order to avoid unnecessary anxiety in the future. Our experienced attorneys will look into business concepts in depth and from a variety of angles to prescribe a structure that caters to and serves the ultimate objective.
Kusnandar & Co.’s robust M&A team assists our clients by procuring the appropriate financing for mergers and acquisitions and provide advice concerning the drafting, negotiation, and performance of contracts for the sale of portions of the business.By exploiting our internal expertises and external networkings at both the public as well as private sector, our clients have continued to enjoy seamless and professional M&A transaction services.
We are also strong in the areas of intellectual property rights. In ever increasing numbers, international applicants are seeking to protect their intellectual property rights in Indonesia and in response Kusnandar & Co. is able to assist you and your clients in the research, application, and registration or litigation process with respect of patent, copyright, trademark, industrial design, and trade secrets. We enjoy an international reputation and maintain associations with many leading law firms globally, especially in the USA and Europe.
Realty Development & Construction
At Kusnandar & Co., we cover all aspects of international and national, contentious and non-contentious engineering, procurement and construction projects, including the following :
- Bidding documents
- Financing
- Performance Bonds
- Supply and Equipment Purchase
- Technical Service Agreements
- Contracts Administration
- Project Management Agreements
- Operation Administration
- Design-Build Contracts
- Lease/Sale Administration
- Prime Contracts
- Renovation Agreements
- Subcontracts
- Turnkey Contact
Real Property
Our Attorney at Kusnandar & Co. have extensive experience in Land Law in general and use of land by foreigners in particular and seccessfully clear out issues as they arise, among others:
In respect of the following and property titles:
- Hak Milik (Right of Ownership)
- Hak Guna Bangunan (Right of Building Utilization)
- Hak Guna Usaha (Right of Cultivate)
- Hak Pakai (Right to Use)
- Hak Pengelolaan (Right to Administer/Manage)
- Hak atas Satuan Rumah Susun (Strata Title Right)
- Hak Sewa (Right to Lease)
Advising, investigating, processing and documenting the following:
- Title Search
- Survey Certificate
- Local planning policy search
- Nominee arrangement or establishment of PMA company if required
- Imposition of security
- Location Permit
- Deed of Relinquishment
- Application for land title
- SKPH (Official Decree on the Granting of the Right)
- Taxation issues
- Registration and issuance of registration certificate
- Terms and Conditions of the grant/use of the Right
- Organization of strata-titles
Civil, Commercial & Criminal Litigation
At Kusnandar & Co., we work to help our clients resolve disputes efficiently and effectively whether through litigation, arbitration, mediation or other techniques in a manner that promotes their business objectives. We also work with clients to develop compliance programs and other procedures to minimize future litigation risks.
Kusnandar & Co. has an extensive track record of professional, ethical, transparent and successful representation of clients in banking, investment and corporate dispute at all levels of civil, criminal and administrative courts from first instance to judicial review before the Supreme Court. Our litigation services extend to:
- Search and investigation;
- Preparing and filing petitions;
- Legal arguments;
- Court liaison and coordination of trial proceedings;
- Negotation and settlement;
- Enforcement of judgments, administrative decisions and arbitration awards, both domestic and foreign.
Mediation & Debt Recovery
At Kusnandar & Co., we work to help our clients resolve disputes efficiently and effectively whether through litigation, arbitration, mediation or other techniques in a manner that promotes their business objectives. We also work with clients to develop compliance programs and other procedures to minimize future litigation risks.
Combining an extensive knowledge of the existing legal instruments with a deep understanding of the contingencies of doing business in Indonesia and through the concerted efforts of in-house lawyers, tax and financial advisers, our Mediation & Debt Recovery team has a successful tract record of delicately disentangling deadlocks and leading conflicting parties to win-win agreements.
Enforcement
At Kusnandar & Co., we work to help our clients resolve disputes efficiently and effectively whether through litigation, arbitration, mediation or other techniques in a manner that promotes their business objectives. We also work with clients to develop compliance programs and other procedures to minimize future litigation risks.
Our services extend to the preparation, registration, issuance and/or enforcement of all types of collateral securities and the enforcement of judgements, administrative decisions and arbitration awards, both domestic and foreign.
Arbitration & Alternative Dispute Resolution
At Kusnandar & Co., we work to help our clients resolve disputes efficiently and effectively whether through litigation, arbitration, mediation or other techniques in a manner that promotes their business objectives. We also work with clients to develop compliance programs and other procedures to minimize future litigation risks.
As arbitration increases in popularity and effectiveness in the Asia-Pacific region, Kusnandar & Co. has gained substantial experience with this cost and time-effective method for the private resolution of domestic and international disputes.
Through is representation of ED & F Man in a dispute relating to the importation of sugar from England from the District Court level to Judicial Review at the Supreme Court level, Kusnandar & Co. successfully obtained the first ever judicial foreign arbitral order from the Indonesian Supreme Court in conformity with the New-York Convention on the Enforcement of Foreign Arbitral Awards.
Individual Kusnandar lawyers specializing in arbitration serve as panelists or counsel or expert witness within many arbitration institutions including the Singapore International Arbitration Center (SIAC) and the British Chartered Institute of Arbitrators, the Hong Kong International Arbitration Center and Canadian International Arbitration Center. They also mediate private dispute in Indonesia and contribute to the development of domestic arbitration and mediation mechanisms.
Bankruptcy & Insolvency
The Bankruptcy Ordinance gives preferential rights to creditors seeking recovery through bankruptcy, insolvency or debt moratorium proceedings.
As such, the law provides for the appontment of private administrators and receivers to assist the respective parties recover financial rights and setting outstanding debts.
Kusnandar & Co. has been specially licensed to act as bankruptcy receiver and/or administrator under the Ordinance.
Kusnandar & Co. is also qualified to litigate bankruptcy and insolvency proceedings in the Commercial Court.
In our capacity as bankruptcy litigators, we assist creditors and debtors to prepare and file petitions for bankruptcy and debt moratorium and private representation at all levels of the proceedings, including negotation and liaison with other professionals involved.
After more than a century of growth, the energy and infrastructure industries in Indonesia continue to be an important opportunity and challenging industry in Indonesia. Given the ever increrasing global demand for energy as well as the urgency of using more efficientl and renewable power sources, we at Kusnandar & Co., take the energy and infrastructure industry very seriously. Given the ever increasing difficulty of securing funding, energy and infrastructure clients more than ever require legal counsel that combines deep industry experience with a forward-thinking approach to business solutions.
Kusnandar & Co.’s dynamic energy and infrastructure practice has been serving oil and gas companies since the 1980s. Over the years, we have grown to meet the needs of this key economic sector and is today ranked among the top energy and infrastructure teams worldwide from the corporate legal perspective to protecting the intellectual properties of the technology advancements.
Kusnandar & Co. provides comprehensive advice on all manner of contentious and non-contentious transactions ranging from Banking and Finance involving lenders on loans (including credit, term loans, revolving credit facilities and guarantee facilities), collateral security agreements (including personal and corporate guarantees, pledges or assets and assignments) to development agreements, security arrangements including letters of credit and escrow arrangements and structuring, drafting, negotiating and settling complex documentation on behalf of clients in these and other areas.
Capital Markets & Securities
Kusnandar & Co. is a licensed Capital Market Legal Consultant and has developed a sound expertise in debt and equity transactions, whether private or public, including:
- Handling of the requirements and licensing procedures with the Capital Market Authority for investment funds, securities companies (underwriters, broker-dealers, investment managers and their representatives), securities companies’ representatives, investment advisors and capital market supporting institutions (securities administration agencies and trust agents)
- Drafting of the underlying contracts
- Counseling issuers and public companies in preparation of tender offers and public offerings (drafting of registration statements, prospectuses) and on their compliance with occasional and periodical reporting and disclosure requirements
- Mergers and Acquisitions
- Protection of shareholders, setup of takeover defense mechanisms
- Insider’s trading
- Advising on all registration issued by the Capital Market Supervisory Agency that may be of relevance in any particular transaction
- Kusnandar & Co. was acting as counsel for WRP Asia Pacific in the Stock Redemption and Exchange Agreement involving redemption of 1,252,538 class A Common Stocks and 2,500,000 class B Common Stock and the purchase of 17,500 Common Stock.