► THE FIRM EXPERIENCE IN ENERGY & NATURAL RESOURCES • Legal counsel for PT Pertamina (Persero), the Indonesia’s oil and gas state owned company for the legal due diligence of planned restructuring for 60 of Pertamina’s subsidiaries and jointventure companies • Assisting an Indonesian company in preparation on the legal documentation for the bidding of North Bone block PSC • Assisting foreign investor in the shares acquisition of a nickel Indonesian company holding the PKP2B (Perjanjian Karya Pengusahaan Pertambangan Batu Bara/Coal Mining Exploitation Working Arrangement) • Assisting foreign investor in the acquisition of Indonesian TAC/Technical Assistance Contract company in mining business • Legal counsel for an established Indonesian mining company, i.e. PT Darma Henwa, Tbk. for its mining business activities which is ranging from operational, commercial and supporting matters, including representing in reviewing contracts related to Asam-Asam Coal Mine Project • Legal counsel for several foreign investors (such as Bhoruka Energy Limited, DCM Shriram Consolidated Ltd, Metis International Trading Ilp, JSW Energy Limited, MGM Resources, Jindal Stainless Limited) in the coal mining cooperation agreement and related agreements to the coal mining transactions, with Indonesian coal mining companies • Legal counsel for several companies and/ or Group companies in the acquisition of Indonesian companies including assisting for the post acquisition legal works related in plantation business, such as Applied Agricultural Resources Sdn. Bhd., Asia Pacific Land Bhd., Gan Teng Siew Realty Sdn. Bhd., IJM Plantations Bhd., J.C. Chang (Pte) Ltd., Kuala Lumpur Kepong Bhd. (KLK Group), Metro Kajang Group, NPC Resources Bhd., Tanah Emas Corporation Bhd., United Plantations Bhd., Wilmar Plantation Group • Legal counsel for PT Bridgestone Sumatera Rubber Estate, an Indonesian plantation company as the subsidiary of Bridgestone Corporation
78
T
he increasing demand for energy has become a great opportunity for Indonesia with its huge deposit of mineral resources and a vast land area with a favorable climate for Indonesia to develop its potential for palm oil. In 2006, Indonesia passed Malaysia to become the world’s largest producer of palm oil, producing approximately 16 million tons per year. Investing in mining, oil and gas, and plantations can be politically and socially sensitive. Business in these sectors is very much dependent on approvals from a multiplicity of central and provincial government institutions. HANAFIAH PONGGAWA & PARTNERS (the “Firm”) is one of Indonesia’s premier independent law firms. With over 30 lawyers, the Firm is fully equipped to serve the diverse needs of both domestic and international clients. The Firm has its roots in one of Indonesia’s post-independence law firms, the office of L. Hanafiah, established in 1953. It was later reconstituted in 1990 as Hanafiah Soeharto Ponggawa and reorganized at various times in the 1990s to reflect Indonesia's changing situation before taking its present structure in 2001. The Firm represents a wide range of clientele including multinational companies, large and small domestic companies, financial institutions, government agencies, local governments and individuals. The Firm’s long experience enables it to help clients anticipate and minimise the risks that can come into play. Recently, the Firm has been assisting various type of clients in acquiring coal mining rights in many areas in Indonesia, taking over oil and gas concession, and in investment in and acquisition of palm oil and sago plantations. All such transaction are handled by our Energy & Natural Resources Group. The Firm’s scope of work when assisting clients in the field of oil and gas includes the following: • rendering preliminary advice to clients with no experience in investing or doing
business in mining, oil & gas, in Indonesia; • obtaining mining authorities/contracts of work from the Indonesian central and/or local government; • establishing joint ventures in the mining, oil and gas sectors between foreign investors and Indonesian companies; • assisting in negotiations and/or obtaining various contracts with the oil & gas state owned company (“Pertamina”) and/ or the oil and gas operating entity (“BP. Migas”), such as technical assistance, production sharing contracts; • obtaining licenses and fulfilling registration requirements for clients who will engage in providing supporting services in the mining, oil & gas sectors; • advising or negotiating on several important aspects in relation to the obtaining of mining, oil & gas’ contracts, licenses and registrations, such as regional autonomy aspects, environmental aspects and other aspects surrounding the business of mining, oil & gas; • assisting with negotiations for the establishment of refinery projects; • advice on tax related issues in the mining, oil & gas sectors; • advice on employment related issues in the mining, oil & gas sectors; • dispute settlement in relation to the mining, oil & gas sectors. • Clients of the Firm include not only multinational companies active in the mining, oil and gas sectors, but also domestic Indonesian companies and provincial governments.
JAKARTA OFFICE Wisma 46 Kota BNI, 41st floor Jl. Jend Sudirman Kav 1 Jakarta 10220 – Indonesia Tel: +6221 5746545, 5701837 Fax: +6221 5746464, 5701835 Mobile: +62.812.888.88.99 Emails: hplaw@hplaw.co.id
Asian Legal Business ISSUE 8.9