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Defrizal Djamaris

defrizal_dj@lsmlaw.co.id

Defrizal Djamaris is a partner at the dispute resolution practice of Lubis Santosa & Maulana. He graduated from Faculty of Law Padjadjaran University (Sarjana Hukum) in 1999 and joined Lubis Santosa & Maulana in 2002 after working for about 2 (two) years in another litigation law firm in Jakarta.

Defrizal Djamaris is heavily involved in many high profile cases of the firm for clients from different industries. He is specialized in civil and commercial, criminal, administrative law and unfair competition litigations. In civil and commercial litigations, he was a team member of Lubis Santosa & Maulana’s attorneys assigned on the following cases:

  • CSFB, Merrill Lynch, Lehman Brothers and other investment banks on the dispute concerning a US$185 million bond issue before Serang District Court brought by PT Tripolyta, a large Indonesian petrochemical company;
  • Morgan Stanley Inc. and CSFB, on the tort claim brought by PT Indah Kiat Pulp & Paper and PT Lontar Papyrus Pulp & Paper (both are subsidiary of Asia Pulp & Paper (APP)) before the Bengkalis District Court and Kuala Tungkal District Court concerning US$ 500 million and US$ 550 million bond issue;
  • ConocoPhillips Indonesia Ltd, in the defence of proceedings before the Central Jakarta District Court filed by its contractor concerning the breach of contract of Rig Management Services in amount of US$ 78 million;
  • STT Communication Ltd and Indonesia Communication Ltd, in the defence of (i) a citizen lawsuit filed by the former President of the Republic of Indonesia, Mr Abdurrahman Wahid et al (133 Plaintiffs); and (ii) a class action lawsuit filed by the Alumni of Indonesian Islamic Student Association (KAHMI), both before the Central Jakarta District Court with regard the divestment issue of an Indonesian leading telecommunication provider company, PT Indosat,;
  • Exxon Mobil Indonesia Incorporation, in the defence of citizen lawsuit filed by the former Chief of People’s Consultative Assembly (MPR) of the Republic of Indonesia, Prof Amien Rais et al (113 Plaintiffs) before the Central Jakarta District Court concerning the appointment of operator of Cepu Block, Indonesia; and
  • Salim Group and PT Holdiko Perkasa, in the defence of proceedings before Kota Bumi District Court and Gunung Sugih District Court over the sales of Sugar Group Companies and cancellation of the companies US$ 75 million Loan Agreements.

Defrizal Djamaris is also qualified in the media law issues. He was a team member of Lubis Santosa & Maulana involved in assisting, advising and representing The Washington Post in the successful negotiation and mediation with the Commander in Chief of the Indonesian Armed Forces (TNI) on the threatened lawsuit from the Commander in Chief toward The Washington Post on a defamation allegation in relation to the publication of an article titled “Indonesia Military Allegedly Talked of Targeting Mine.” He was also intensively engaged in the following high profile media law issues of the firm:

  • Time Inc., on the tort claim brought by Abu Bakar Ba’asyir before South Jakarta District Court concerning the defamation allegation on the publication of an article in Time Magazine titled “A Confession of Al Qa’edah Allegation”; and
  • Tempo Magazine, on the tort claim brought by an Indonesian Tycoon before Central Jakarta District Court concerning defamation allegation relating to an article published in Tempo Magazine.

Defrizal Djamaris also advises and represents clients in unfair business practices litigations. He was the firm’s team member assigned on the following cases:

  • Goldman Sachs Singapore Pte Ltd as the petitioner in the proceeding before the Central Jakarta District Court against the Decision of the Business Competition Supervisory Body (KPPU) concerning the tender of sale of 2 (two) Very Large Crude Carrier of PT Pertamina (a state owned petroleum company); and
  • PT Holdiko Perkasa, as the petitioner in proceeding before the Central Jakarta District Court against the Decision of the Business Competition Supervisory Body (KPPU) concerning the tender of sale of PT Indomobil International;
  • PT Semen Gresik (Persero) Tbk., on the dispute relating to various issues on the shareholding of Cemex in PT Semen Padang;

Additionally, Defrizal Djamaris has also the experience in tax and administrative law litigations. In the administrative law litigation, he represented PT Tambang Batubara Bukit Asam (Persero) Tbk., a state owned coal mining company, as the Plaintiff in the proceeding before the District Administrative Court of Palembang, South Sumatra with regard the cancellation of the exploitation mining right of PT Tambang Batubara Bukit Asam (Persero) Tbk by the local administration. In the tax litigation, Defrizal Djamaris was the attorney intensely involved in the following tax litigations cases:

  • Amoseas Inc. Ltd, on the Civil Request (Peninjauan Kembali) to the Indonesian Supreme Court against the Judgment of Tax Court concerning the treatment of Value Added Tax.
  • ConocoPhillips (Sakala Timur Ltd) on the Civil Request (Peninjauan Kembali) to the Indonesian Supreme Court against the Judgment of Tax Court concerning the misapplication of Value Added Tax law by the Director General of Tax of the Republic of Indonesia.

Defrizal Djamaris is a member of Indonesian Bar Association (IKADIN). He speaks Bahasa Indonesia and English.


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