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Civil and Commercial

Lubis, Santosa & Maramis is heavily engaged in all types of civil and commercial litigations in the extensive area including banking, finance, insurance, capital market, investments, acquisitions, shareholders disputes, commercial contracts, real estate and construction, energy and natural resources, plantation and media.

The firm has been involved in a number of very important litigation in the area of banking and finance in Indonesian court of law. In the field of energy and natural resources, we have been engaged in significant and complex litigation involving major players in the energy and natural resources industry in various legal issues related to concessions, operation and their commercial contracts.

Our dispute resolution practice serves clients in the real estate and construction disputes. We have extensive experience in claiming and defending clients in relation to lease agreements, purchase contracts and construction related contracts.

The firm also play very significant role in the number of very high profile defamation cases. We have been engaged in important defamation cases for major multinational and domestic media companies in the court of law involving important and very high profile individuals or institutions in Indonesia.

Our experience in the field of civil and commercial litigation is certainly useful to assist and represent clients in pursuing or protecting their valuable interests. Some of our notable cases in the area of civil and commercial litigations are as follows:

  • Time Inc., in the tort/defamation lawsuits filed by (i) Suharto, the former President of the Republic of Indonesia with respect to Time Magazine reporting on the assets of Suharto’s family; and (ii) Abu Bakar Ba’asyir concerning publication of an article in Time Magazine titled “A Confession of Al Qa’edah Allegation”
  • Asian Wall Street Journal in the tort/defamation lawsuit filed by Provincial Government of East Kalimantan with respect to an article published in the Asian Wall Street Journal regarding investment issues in Indonesia;
  • Tempo Magazine, in the tort/defamation lawsuit filed by an Indonesian tycoon with respect to a report published in the magazine relating to the development of business area in Jakarta;
  • CSFB, Merrill Lynch, Lehman Brothers and other investment banks in the dispute concerning a US$185 million bond issue before Serang District Court brought by PT Tripolyta, a large Indonesian petrochemical company;
  • Morgan Stanley Inc and CSFB, in the tort claim brought by PT Indah Kiat Pulp & Paper and PT Lontar Papyrus Pulp & Paper (both are subsidiary of Asia Pulp & Paper (APP)) before the Bengkalis District Court and Kuala Tungkal District Court concerning US$ 500 million and US$ 550 million bond issue;
  • 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;
  • PT Kaltim Prima Coal, BP International Ltd., Sangatta Holding Ltd. in the tort civil lawsuit filed by the Provincial Government of East Kalimantan at the South Jakarta District Court with respect to matters pertaining to the divestment of shares of PT Kaltim Prima Coal;
  • Rio Tinto Plc, BP Plc., Pacific Resources Investments Ltd., Bp International Ltd. in the tort civil lawsuit filed by the Provincial Government of East Kalimantan and Regional Company Melati Bhakti Satya at the Central Jakarta District Court and the Supreme Court with respect to the shares divestment matters of PT Kaltim Prima Coal;
  • PT Halliburton Indonesia in the defence of lawsuit before the South Jakarta District Court related to claims arising out of the construction of a petroleum facility;

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