Hanafiah Ponggawa & Partners
Corporate & Commercial
HPRP’s wide variety of experience in the various fields of business and investment allows us to design comprehensive legal solutions to all of our corporate clients’ needs. Whether representing a foreign party seeking to do business in Indonesia or Indonesians seeking to expand operations, HPRP has the resources to ensure our clients’ goals have the best chance of success in the Indonesian legal climate.
This practice group in HPRP deals with all the major corporate issues surrounding Indonesian business activities in a multiplicity of fields starting from: regulatory advisement on the Indonesian law with respect to the relevant business activities; preliminary investigation of targets; legal due diligence (LDD) in all stages starting from reviewing all the company documentation, analyzing all legal aspects of the company and issuing an LDD report and legal opinion; negotiating and structuring best possible scheme of the transactions; preparing and drafting the relevant legal documentation; applying for and obtaining the requisite licenses and permits; assistance in negotiation with third parties involved in the business activities concerned; compliance with the prevailing laws and regulations related to the business activities; up to continuing corporate representation.
The legal assistance provided by HPRP in this area of law includes Mergers and Acquisitions (M&A), Restructuring, Divestment, Spin-off transactions, Foreign Direct Investment, and
State-Owned Enterprise (BUMN) activities.
Employment & Litigation
Manpower is an integral part of business and it plays a very important role in keeping business alive. The relationship between employer and employee is something business owners need to consider. Further, as Indonesia is a developing country, the need for foreign manpower in the development of business sectors and the transfer of knowledge to local manpower makes it imperative to understand what the law regulates. Understanding this need, HPRP aims to provide comprehensive legal services in this area of law.
The services are including:
- giving advice on the prevailing laws and regulations relating to manpower matters;
- drafting, preparing and/or reviewing Company Rules and/or Collective Labour Agreements;
- obtaining required licenses and registrations including licenses related to foreign manpower;
- giving assistance and conducting necessary actions in relation to terminations of employment;
- giving assistance in relation to industrial disputes at any stage of the proceedings
In litigation practice, HPRP services are including:
- Commercial Litigation
- Alternative Dispute Resolution
HPRP’s litigation practice was formed in response to increasing demand from our commercial clients for full legal services. It is one of HPRP objectives to avoid clients from litigation, arbitration, or bankruptcy, however once it becomes inevitable, HPRP can assist and represent clients for all necessary legal supports. Member of this practice group are all the Firm’s licensed advocates who can find themselves working closely with members of other practice groups depending on the nature of the case.
Resources & Infrastructure
HPRP has longstanding and extensive experience and has also developed integrated legal strategies for encouraging the development of almost all aspects of the resources and infrastructure related sectors throughout Indonesia. We have the excellent combination of past experience and present knowledge to help our clients implement proven strategies that have been adjusted to fit the current legal trends.
Our Firm can assist in various stages of businesses in Indonesia, which includes rendering preliminary advice to clients with no experience in investing or doing business in those sectors; establishing foreign investment companies and/or joint ventures in those sectors; obtaining licenses and fulfilling registration requirements for clients establishing businesses in those sectors such as regional autonomy aspects, environmental aspects, and other aspects surrounding the business; and advice on tax and employment related issues as well as dispute settlement in relation to those sectors.
As a full service law firm equipped with our knowledge and expertise of the community and the country, prevailing laws and regulations, governmental system, and current practices in the field, HPRP has expanded this practice group to cope with the potential increase of workload in the below-mentioned areas of practice:
- Natural Resources (Mining, Oil, and Gas)
- Telecommunications & IT
- Transportation (Aviation, Shipping)
Due to the complexity of land law in Indonesia and the significance of land matters in the real property and construction businesses, HPRP has found clients’ needs are best served by forming a specialist group in this area of expertise, covering:
- advice and representation from the due diligence examination on existing rights over land;
- dealings with the land registry and other government agencies;
- negotiating with existing land owners, relevant tax issues, land security matters;
- transfers of rights over land and building acquisition documentation, negotiating leases;
- structuring/cooperation schemes and/or preparing legal documentation on construction based projects such as build-operate-transfer (BOT), joint operation arrangement and/or consortium arrangements.
The Firm has assisted foreign and domestic companies, consortia (including state/regional owned enterprises (BUMN/BUMD) and local government) and/or individuals acting as sellers, buyers, lessors, lessees, mortgagors, mortgagees, land owners, project owners, developers, main contractors, sub-contractors, and any other relevant parties in the business.
By the nature of Indonesian land law, different factors come into play with the use of land for manufacturing, commercial development, or agribusiness; and the members of the Firm within this practice group have extensive experience of all these sectors.