We provide an informed perspective on issues faced by companies navigating Indonesia’s legal landscape. We have the depth and breadth of Indonesian legal experience and knowledge to deliver creative commercial solutions to real-world business problems.
SSEK advises clients on unfair trade practices and other competition law restrictions. Our competition law practice group works closely with our M&A team in securing approvals from Indonesia’s Business Competition Supervisory Commission (KPPU) in connection with acquisitions. SSEK is able to leverage its three decades of experience and network of relationships in government offices to best represent clients’ interests at the KPPU.
SSEK advises clients on possible vertical restraints in agreements, in particular distribution agreements. And our litigation practice works with clients in connection with civil and criminal antitrust litigation matters.
SSEK is experienced in civil litigation, arbitrations and dealing with the Indonesian national police in criminal investigations and complaints. We regularly handle employment-related matters including representing corporate clients in court in termination disputes and to defend against lawsuits.
In the event of a dispute, we help our clients develop appropriate and practical strategies, claims and defenses, as well as seeking reasonable grounds for settlement and compromise.
SSEK has advised many clients in their arbitration proceedings at the Singapore International Arbitration Centre (SIAC) and the Indonesian National Board of Arbitration (BANI).
We assist clients who want to enter Indonesia’s banking, financing and insurance markets, advising on all legal aspects of establishing and operating financial institutions in Indonesia.
We prepare loan agreements and security documents for financial institutions, both within and outside Indonesia, and help investors to establish and operate mutual funds and pension plans.
SSEK also serves as Indonesian counsel to foreign lenders on project finance and syndicated commercial loan transactions and assists with corporate debt restructurings and workouts of all sizes and complexities.
SSEK acts for banks both with respect to their regulatory and corporate needs and with respect to specific banking products, e.g., lending (credit cards, consumers, commercial and corporate lending), funding (savings, time-deposits and negotiable certificates of deposit), money markets, derivatives, financial institution and other treasury products, trade finance (letters of credit) and other financing transactions, whether secured or unsecured, within and outside Indonesia.
When a bank requires fund-raising in order to finance its working capital and long-term corporate needs, SSEK assists the bank and serves as Indonesian counsel in connection with the issuance of bonds, medium- and long-term notes, subordinated bonds, securitization, asset-backed securities and other types of structured finance.
SSEK advises issuers, underwriters and investors in stock, bond, convertible bond and commercial paper transactions, and prepares for and assists clients with IPOs, secondary or subsequent offerings, as well as strategic financing alternatives.
We also represent multinational and local employers in the planning and documentation of employee stock option plans and related capital markets arrangements.
SSEK has securities expertise in a wide range of capital markets transactions, including tender offers, rights issues, corporate restructurings, conflict of interest/material transactions, licensing and regulatory issues and diverse contractual matters.
SSEK counsels foreign investors in the coal and hard rock mining sector and keeps up to date with new mining regulations that have radically changed the investment climate.
We also represent companies involved in fuel supply contract (coal or gas) projects for independent power plants and have advised on some of the largest geothermal projects in the country.
We handle all corporate, environmental, labor, mining rights, tax, contract negotiation and dispute resolution matters for our energy, mining and other natural resources clients, as well as representing lenders in mine financing projects.
We have long experience representing American, Australian, Chinese, Indian, Korean and Japanese clients in the mining sector, among others, and our expertise includes mining services, ports and shipping facilities, hauling road construction and maintenance, and operation of special terminal facilities.
SSEK also handles a large number of projects in the renewable energy space, including solar, geothermal, and hydro projects.
SSEK does a lot of work in the environmental and blue and green energy spaces, from working with multinationals on the clean-up of project sites to advising on first-of-their-kind projects for Indonesia involving plastic credits. We also advise on sustainable financing including sustainability-linked or “green” loans.
We advise clients on issues pertaining to Indonesia’s Environmental law and how it affects their businesses, particularly their criminal and civil liabilities, and how it relates to the transfer (sale or purchase) of assets such as land and potential environmental issues that may occur in the future.
We also advise on Environmental Impact Assessment Analyses (Amdal) and all matters regarding hazardous and toxic waste.
SSEK counsels investors working to establish companies in the forestry and palm oil plantation businesses, and the service companies that support them.
We act as counsel to developers and lenders in all types of infrastructure development projects, including multimillion-dollar private power, toll road, telecommunications and water supply projects, as well as natural gas pipeline and mining projects.
SSEK was Indonesian counsel in the development of new international standard procedures and documentation for the tender and operation of bankable private power projects. We advise clients on the complex laws regulating the construction industry generally.
SSEK’s IP practice assists domestic and multinational companies in protecting their trademarks, patents, copyrights and industrial designs in Indonesia. We are able to assist foreign IP owners in the prosecution and litigation of IP matters in Indonesia and work with outside experts for certain matters.
Indonesia’s labor environment is exceptionally complicated, with labor laws and regulations changing frequently. We keep abreast of all these changes and advise corporate clients on severance matters, personnel policies and work rules, employment contracts, collective bargaining arrangements, pension funds, secondment arrangements, mandatory training and social security programs and related matters.
We also arrange work permits, visas, residency permits and related Governmental approvals and filings.
In the event of disputes, we represent our corporate clients in settlement negotiations and appear before the relevant administrative tribunals.
We work with many of the biggest pharmaceutical and healthcare companies doing business in Indonesia, helping them navigate the regulatory environment in the country. Our lawyers advise companies on all aspects of the life sciences and healthcare sector, including employment matters, import and distribution procedures, intellectual property rights, product liability, corporate transactions, competition law, and marketing and advertising practices.
SSEK is experienced in civil litigation and dealing with the Indonesian national police in criminal investigations and complaints. We regularly handle employment-related matters including representing corporate clients in court in termination disputes and to defend against lawsuits.
In the event of a dispute, we help our clients develop appropriate and practical strategies, claims and defenses, as well as seeking reasonable grounds for settlement and compromise.
SSEK has an internationally recognized M&A team. 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.
SSEK is internationally recognized for its oil and gas expertise. We have been deeply involved with numerous oil and gas exploration and exploitation transactions, including the negotiation of production sharing contracts and technical assistance contracts, as well as drilling rig contracts, services agreements, charter parties and other agreements customary in upstream activities.
We are also extensively involved in downstream business activities, including LPG and LNG projects.
As regulations in this sector are continuously changing, we maintain professional contacts with officials of the Directorate General of Oil and Gas and BPMIGAS, to keep abreast of proposed changes in the laws that regulate the oil and gas sector, including procurement regulations.
SSEK counsels developers, borrowers and lenders on all types of real estate transactions. We have broad experience in negotiating and drafting commercial leases of all degrees of size and complexity and can help clients coordinate large real estate acquisitions for hotel developments, industrial use and infrastructure projects, which often involve extensive dealings with representatives of various levels of local government, land office officials and local communities.
SSEK does a lot of land acquisition and licensing work for clients in the energy and natural resources sector, in connection with their major projects including smelter and mine developments. And we have developed a thriving practice advising on large data center projects in Indonesia, with our work including land acquisition, zoning issues and construction of the facilities.
We advise banks and borrowers on corporate debt restructuring, preparing and negotiating restructuring agreements and related documents, and advising on insolvency matters.
We review clients’ business operations, conduct extensive due diligence on their procedures, identify red flags and provide recommendations to their policies and operations in accordance with the Indonesian Corruption Law and, when required, the U.S. Foreign Corrupt Practices Act (FCPA) and similar laws of other jurisdictions.
Our team advises companies and corporate boards on the implementation of governmental and industry standards, governance, corporate culture and ESG risks and opportunities, inclusion and diversity policies, compensation reporting and equal pay requirements, and whistleblowing, discrimination, bullying and harassment policies and investigations.
We help companies put in place ESG governance roadmaps and strategies and assist clients with internal investigations.
We are involved in resolving cabotage issues, and the foreign investment and ownership implications, for shipping companies involved in the natural resources sector and are involved in several major procurement projects for Floating Production Units and Floating Storage Facilities.
We act as Indonesian counsel to a number of major multinational foreign or joint venture shipping companies operating in Indonesia and have assisted them in all aspects of their operations and licensing, including rendering assistance and advice on the establishment of joint venture companies; the opening of representative offices; the acquisition and sale of vessels; and mortgage encumbrances of vessels in favor of their lenders or our banking clients.
SSEK applies its 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.
SSEK’s TMT team is experienced with M&A transactions in the technology space, cybersecurity, data privacy, fintech and regulatory matters. In particular, SSEK is able to provide innovative legal solutions to companies that find themselves in regulatory grey areas.
We advise multinational clients and startups in the Indonesian fintech sector on regulatory and licensing issues for companies entering the market and provide continuing advice on all aspects of their operations, including the handling of personal data and data localization requirements. We advise financial services companies on e-payments, e-wallets and online payment services under Indonesia’s evolving regulatory regime.
SSEK has established itself as the leading firm in Indonesia for data center projects, from establishment and construction to advising on their day-to-day operation including onshoring and data handling requirements.
We advise clients on cybersecurity and data privacy considerations for fintech service providers and users. Other areas of work include futures trading of crypto assets, initial coin offerings, peer-to-peer (P2P) lending, and regulatory advice on blockchain technology-based solutions.
We represent many clients in the telecommunications sector, preparing agreements for the supply, licensing, technical support and development of IT and other technologies. We advise clients on the installation and supply of telecommunications and supporting equipment for Indonesian KSO telecommunication projects. SSEK also advises smart-phone operators, and international website and internet search operators with respect to their Indonesian operations.