Makarim & Taira S.

Law Firm Overview

Makarim & Taira S. (M& T) is a business law firm based in Jakarta, Indonesia. Practice areas include banking and finance, capital markets and foreign investments, competition law, construction law and agreements, employment and labor law, franchise law, hotel and tourism law, infrastructure and major projects, insolvency and restructuring, intellectual property, information technology (IT) and telecommunications, media, mergers and acquisitions, mining and energy, real estate, transportation, and general corporate practice such as structuring, capitalization, governance and compliance, anti-corruption issues, and agreements. In addition to litigation, the firm offers dispute resolution including arbitration.

Founded in 1980 by Harvard graduates Nono Anwar Makarim and Frank Taira Supit, M & T provides solutions, advice, and representation to domestic and multinational clients.

The firm's skilled and knowledgeable legal team demonstrates a comprehensive range of expertise and experience in both Indonesian and international law and business practices.

Year this Office was Established: 1980

Languages: English, Indonesian

Areas of Law

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Additional Areas of Law: Hotel and Resorts; Infrastructure and Major Projects; Restructuring; Mining; Mass Terminations; Labor Unions; Strikes and Employment Disputes; Company Law; Structuring; Capitalization; Land Acquisition and Title Due Diligence; Credit and Financing; Infringements; Forestry and Plantations; Manpower; Public Procurement Rules; Shipping; Railways and Roads.

Areas of Law Description

- Banking and Finance

M&T is consistently rated among the top firms in Indonesia for Banking and Finance, and are regularly instructed by large international banks (mainly based in Europe, Asia and Australia) as well as local banks (including several state owned banks), insurance companies, bank assurance joint ventures, and other financial institutions. In addition to our experience in syndicated lending, we also regularly advise clients in connection with export credits, refinancings and debt restructurings.

- Capital Markets

While Indonesia’s capital markets are among the most dynamic in Asia, they are still relatively young, and Indonesia’s capital market laws continue to evolve at a brisk pace. We are well-positioned to advise issuers, underwriters, financial institutions, and investment banks on both private and public offerings.

- Competition Law

Indonesia’s competition law regime dates back to 1999. However, the competition regulator has become increasingly active over the course of the last few years to the point that competition law has become part of the legal advisory mainstream, particularly in relation to merger control and tender collusion. M&T helps its clients stay up to date on the latest developments by advising on these and other competition law issues.

- Construction Law

M&T lawyers have detailed knowledge of all aspects of Indonesian construction law, as well as standard form contracts used worldwide in major construction industry projects. Our lawyers have reviewed EPC agreements for a wide variety of projects, including international gas pipelines, refineries, and IPP Projects. Most recently, we assisted a client in negotiating a USD500 million turnkey EPC contract for an integrated blast furnace complex.

- Employment

Indonesia’s employment laws are complex. We regularly provide advice to our multinational clients on all types of employment matters, including fixed term and permanent contracts, mass terminations, labour unions, strikes and employment disputes, as well as outsourcing, severance entitlement on mergers and acquisitions and manpower contingency plans. M&T also has extensive first-hand experience in negotiations with employees and labour unions as well as regular issues such as drafting employment contracts, outsourcing and secondment agreements, company regulations and collective labour agreements.

- Foreign Investment and General Corporate Practice

Indonesia is fast becoming a favoured investment destination for multinationals and other foreign investors. M&T provides solutions, advice and representation for all investors, whether foreign or local, private or public. From bankers and stockbrokers through to manufacturers, retailers, traders and miners, and everything in between, investors require a comprehensive understanding of what it means to do business in Indonesia.

- Franchise Law

M&T has represented a number of major international brands on the establishment of franchise operations in Indonesia, helping them to expand and establish their brands on a national scale in Indonesia. We regularly advise clients on regulatory matters and assist them with all aspects of the structuring of franchise arrangements and the registration of franchises with the competent authorities.

- Hotels, Resorts and Tourism

Throughout the years, M&T has counseled many property owners and hotel/resort operators concerning all types of contracts for hotel and resort properties in all over Indonesia. With our extensive experience in all aspects of land acquisition and title due diligence, corporate and M&A, credit and financing, as well as manpower, M&T can provide a full range of legal services tailored to suit our clients’ commercial interests in this area.

- Infrastructure and Major Projects

We have participated in the development, financing and operation of several power plants, including the Cirebon IPP Project (financial close in 2010) and the Tanjung Jati B IPP Project (financial close in 2003) and expansion (financial close in 2009). The Tanjung Jati B expansion was recognized by Pacific Business Press Asian-Mena Counsel as the Deal of the Month in January/February 2009. We have also advised P&O Australia in its successful bid for a 49% stake in PT. Terminal Petikemas Surabaya, and have assisted with the restructuring of the PLN off-take agreement for the Wayang Windu Geothermal project and the related upstream Joint Operation with Pertamina.

- Insolvency and Restructuring

We have advised multinational financial institutions on their insurance liabilities and represented several foreign banks regarding the bankruptcy and restructuring of Indonesian companies. The scope and depth of our legal practice enable us to advise clients considering strategic investments in distressed assets, debt restructurings, and complex recapitalization schemes.

- Intellectual Property

Clients have bestowed their trust in our ability to guide them through Indonesia’s IP regulations, ensuring that all types of intellectual property (brands, logos, creations and products) are protected from misuse. We also have a strong trademark practice, including clearing, registration and licensing. M&T also has a team of experienced IP litigators to deal with cases of infringements.

- Litigation and Dispute Resolution

M&T adheres to strict ethical principles when representing clients before Indonesian courts and arbitration panels. Our seasoned litigators regularly represent clients as plaintiffs or defendants before Indonesian courts, and assist clients with settling disputes and with formulating litigation strategies.

- Media, IT and Telecommunications

M&T has substantial media practice and familiarity in all matters relating to the licensing, establishment, financing and operation of domestic and foreign media, IT and telecommunications firms. We regularly advise clients on the regulatory aspects of the latest technological developments. Since our establishment, we have been intimately involved in all aspects of the deregulation of the Indonesian telecommunications industry, and have been recognized by Chambers as one of the leading media and telecommunications legal practices in Indonesia

- Mergers and Acquisitions

We are noted for our extensive experience and expertise in all types of M&A transactions (stock and asset sales, mergers, spin-offs, as well as joint venture and strategic partnership transactions) in all major sectors of activity, including manufacturing and industrial facilities, hotels, mining, forestry and plantations, power and energy, financial services, telecom, media and advertising, healthcare, and consumables.

- Mining and Energy

The Indonesian mining industry has been experiencing a period of profound change since the adoption of a new mining law in 2009. Our longstanding reputation with policymakers, regulators, State-owned companies and leading industry groups provides us with important insights into the latest government policies and industry positions. Our full-service and pragmatic approach to problems allows us to deal effectively with all types of mining-related issues, including regulatory advisory work, the acquisition of land titles and settlement of boundary disputes, and compliance with forestry and environmental laws and regulations.

- Transportation

Our lawyers are familiar with Indonesia’s transportation laws and regulations (including aviation, shipping, railways and roads). We have worked with the Ministry of Transportation in connection with the development of implementing regulations for exclusive use railways, and have completed a scoping study for the development of a toll road toolkit for the Ministry of Public Works.

- Real Estate

M&T is consistently ranked as a top tier legal group with high standards of excellence in all matters involving real estate and land acquisition. We are known for successfully negotiating complex land acquisitions for a number of foreign embassies, power plant developers, resort owners, oil and gas companies, manufacturers, as well as for the mining industry.

Partners

	Mrs. Lia Alizia Lawyer Commercial Law, Corporate Law, Employment, Franchising, Intellectual Property		Ms. Lina Amran Lawyer Banking and Finance, Business Law, Commercial Law, Corporate Law
	Mr. Ben Clanchy Foreign Legal Consultant Commercial Law, Corporate Law		Mr. Richard W. Cornwallis Foreign Legal Consultant Commercial Law, Corporate Governance, Corporate Law, Employment, Franchising
	Ms. Alexandra F.M. Gerungan Lawyer Litigation		Mrs. Rahayu Ningsih Hoed Lawyer Construction Law, Employment, Energy, Litigation, Natural Resources
	Mr. Vincent Ariesta Lie Lawyer Commercial Law, Corporate Law, Energy, Investment Law, Litigation		Heru Mardijarto Lawyer Construction Law, Franchising, Litigation
	Mr. Guy Des Rosiers Foreign Legal Consultant Commercial Law, Corporate Law, Environmental Law, Litigation, Project Finance		Mrs. Maria H. Sagrado Lawyer Banking and Finance, Capital Markets, Commercial Law, Corporate Law, Finance
	Mr. Teddy Achmad Suprijadi Lawyer Commercial Law, Corporate Law, Employment, Information Technology, Insurance		Mr. Kurniawan Tanzil Lawyer Banking and Finance, Capital Markets, Commercial Law, Corporate Law, Mergers and Acquisitions

Of Counsel

Dr. Nono Anwar Makarim Of Counsel

Associates

	Mr. Puji Atma Senior Associate Lawyer Corporate Law, Energy, Mergers and Acquisitions		Ms. Stephanie Kandou Senior Associate Lawyer Banking and Finance, Capital Markets, Commercial Law, Corporate Law
	Mr. Yohanes Masengi Senior Associate Lawyer Employment, Litigation, Corporate & Commercial		Ms. Norma Mutalib Senior Associate Lawyer Commercial Law, Corporate Law, Intellectual Property
	Mr. John Andre Pandapotan Panggabean Senior Associate Lawyer Commercial Law, Corporate Governance, Mergers and Acquisitions		Mr. Yusfa Perdana Senior Associate Lawyer Mergers and Acquisitions, Corporate & Commercial, Dispute Resolution
	Ms. Andhika Putra Senior Associate Lawyer Capital Markets, Commercial Law, Corporate Law, Litigation		Mr. Frederick Bonar Simanjuntak Senior Associate Lawyer Banking Law, Commercial Law, Corporate Law, Finance
	Ms. Evelyn S.T. Simanjuntak Senior Associate Lawyer Corporate Law, Finance		Mr. Rudy Andreas Halomoan Sitorus Senior Associate Lawyer Corporate Law, Litigation
	Mr. Jonathan Toni Tjenggoro Senior Associate Lawyer Competition Law, Investment Law		Mr. Harris Toengkagie Senior Associate Lawyer Commercial Litigation, Competition Law, Litigation
	Ms. Farida Yuliasari Senior Associate Lawyer Commercial Law, Corporate Law

Affiliations

More Information on Makarim & Taira S.

Real Estate
Capital Markets
Transportation Law
Intellectual Property
Banking and Finance
Mergers and Acquisitions
Foreign Investment & General Corporate Practice
Makarim & Taira S. News and Publications