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Announcement of Office Relocation

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Dear All Clients,

We are pleased to announce that we will be moving into our new office premises during the week of January 3, 2011. The details of the new office is as follow:

LUBIS, SANTOSA & MAULANA

Equity Tower, 12 th Floor
Sudirman Central Business District (SCBD), Lot. 9
Jl. Jend. Sudirman Kav. 52-53, Jakarta 12190 - Indonesia
Phone     : (62-21)2903-5900
Fax          : (62-21)2903-5909

Our website & email remain unchanged
Email       : This e-mail address is being protected from spambots. You need JavaScript enabled to view it "> This e-mail address is being protected from spambots. You need JavaScript enabled to view it
website   : http://www.lsmlaw.co.id/

After the relocation, we will maintain a mail room at Mayapada Tower, our present office, so that there will be no problem for any correspondence mailed to the present address to reach us after January 3, 2011. But it is our hope that you can update the change as soon as possible.

Thank you

LUBIS, SANTOSA & MAULANA

Astro asks court to enforce verdict against Lippo Group

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June 23,2010
Mustaqim Adamrah

Malaysia's largest cable television operator Astro All Asia Networks Plc. will soon file an appeal at the Central Jakarta District Court to enforce the Singapore International Arbitration Center's verdict against the Lippo Group.

In this verdict, Astro was awarded US$230 million in its protracted dispute with the Lippo Group over a pay TV partnership in Indonesia, which collapsed over 18 months ago.
"The verdict is final and legally binding, and all parties involved in the case must respect the arbitration verdict. Lippo has to pay $230 million," Astro lawyer Todung Mulya Lubis said Tuesday in a Jakarta press conference.


"We will file an appeal to execute the verdict with the Central Jakarta District Court in time, soon," he added. The Central Jakarta District Court is appointed to execute arbitration center verdicts in Indonesia as laid down in the 1981 New York Convention on International arbitration awards, which was also signed by Indonesia.


Todung said the Astro legal team was making preparations for the appeal. Lippo and Astro had agreed in March, 2005 to establish a partnership to operate pay TV in Indonesia using Lippo's unit PT Direct Vision which had a multimedia broadcast license. Under the agreement, Astro wouldbe allowed to have a 51 percent stake in the company, which was wholly owned by PT Ayunda Prima Mitra, a Lippo Group subsidiary through PT First Media.


But until now Astro never managed to take up its equity stake in Direct Vision as initially promised by teh Lippo Group, according to Prawidha Murti, another Astro lawyer. Astro then decided to terminate its contract with Direct Vision over allegations that the latter failed to pay around $245 million for services it had received from Astro.


Prawidha said the $230 million now owing was compensation for support and services the Astro Group had provided to Direct Vision for use in its pay TV operations in Indonesia. "Apart from the $230 million, Astro also won Rp 6 billion ($648,000) in restitutions to cover its legal costs," she said She also said the Verdict automatically annulled any other legal decisions taken outside the scope of the arbitration center.


Ayunda Prima Mitra had filed a $1.6 billion lawsuit against Astro in September, 2008 with the South Jakarta District Court. Direct Vision senior president for corporate affairs Halim Mahfudz could not be reached to comment on the matter.

Antigraft efforts losing steam: Watchdogs

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Dicky  Christanto                                                                                                                    Jan 27,2010 /JAKARTA


The first 100 days of the Yudhoyono administration have seen it flagging in the fight against endemic corruption and falling short in strengthening law enforcement, watchdogs said Tuesday.
Transparency International Indonesia (TII) and the Indonesian Legal Aid Institute (YLBHI) said the government had not worked hard enough to restore public trust in law enforcement.
TII chairman Todung Mulya Lubis said President Susilo Bambang Yudhoyono, who won re-election last October on a strong antigraft platform, had doubled back on those efforts by adopting laws to the contrary.
"On the one hand, we already have several laws and regulations supporting transparency, such as the corruption eradication law and the witness protection law,"Todung said.
"But on the other hand, the government keeps pushing for the deliberation of the state secrecy bill, and the lawful interception bill, which both have the potential to undermine he antigraft campaign."
The Yudhoyono administration, beset by a series of corruption linked controversies but still enjoying a high degree of popularity, will on Thursday mark its first 100 days in office.
TII secretary-general Teten Masduki said the conflicting legislation demonstrated Yudhoyono's half hearted approach toward eradicating graft.
"We fear the government is only paying lip service to the campaign, rather than truly rooting out corruption and reforming the bureaucracy,"he said.
TII noted that even though under Yudhoyono's second term the country's corruption perception index had improved to 2.8 in 2009 from 2.6 in 2008, the administration had been slacking off.
Teten said establishing the task force against judicial corruption last month would prove useless because the Corruption Eradication Commission (KPK) was already doing the same job.
In a statement made available to The Jakarta Post, The YLBHI pointed out that the taskforce had done very little to fight the graft deeply entrenched in the judicial system.
In other areas, TII lauded the administration for shortening the time needed to process business permits, from 70 days to 17 days, in a bid to cut red tape.
TII also praised the government's efforts to promote online business procedures to improve transparency and minimize corruption.
"But in reality, we still have investors complaining about having to fork out extra money to be able to do business in Indonesia,"Teten said.
"Thus the real issue is the bureaucrats' will, rather than the string of regulations."
The YLBHI noted that in its first 100 days, the Yudhoyono administration had not made any break through in dealing with major long standing problems such as justice for the poor, corruption eradication, resolving past human rights abuses and land disputes,
"We expected that over those first 100 days, the government would make efforts to lift people's hopes," the statement read.

External Counsel of the Year 2009

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DR. Todung Mulya Lubis
Founder and Senior Partner, Lubis Santosa & Maulana

Recent professional history;
The founder ans senior partner of Lubis Santosa & maulana, Lubis is heavily engaged in the firm's corporate, commercial, and dispute resolution practice. In the second half 2009, the President of Indonesia appointed Lubis to participate in two teams: one team specially formed to select and recommend to the President three interim members of KPK (Komisi Pemberantasan Korupsi - Corruption Eradication Commission) leadership, following temporary suspension of three members as a result of criminal proceedings being instituted against them; and one team specially formed to verify the facts and legal process concerning the criminal proceedings being instituted against two members of the KPK leadership.
Lubis also represented Time Magazine in a defamation suit filed by former Indonesian President Soeharto. He was involved in the case from 1999 (in the court of First Instance) up to the Review's at the Indonesian Supreme Court in 2008 and the Review's decision in April 2009, in which the Supreme Court ruled in favor of Time Magazine.
The Most important element in maintaining your relationship with in-house counsel?
"Trust, being clean, always acting in the best interest of the client, and accessibility."

MK, KPK provide hope for rule of law

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Irawaty Wardany and Hans David Tampubolon
The Jakarta Post, November 5, 2009

The nation might have had its hopes for thе integrity of key law enforcement institutions dashеd, but experts and activists say there is a rау of hорe in thе shape of the Constitutional Court (MK) and the Cоrruptiоn Eradication Commission (KPK).

The latest blow to hit the соцntry's law enforcement image was the playing of a recording at the Constitutiоnal Court on Tuesday.

The recording contains conversations that allegedly showed the fabrication of evidence conducted between several high ranking officials from the National Police and the Аttorney Generals' Officе (AGO) and the younger brother of grаft fugitive Anggoro Widjojo, Anggodo Widjojo, so as to incriminate and detain twо KPK deputy chairmen, Chandra M. Hamzah and Bibit Samаd Rianto.


The contents of the recording, which suggested a possible assassination plot against Chandra, while also suggesting that President Susilo Bambang Yudhoyono may have been aware of thе incrimination scandal, have astonished the public and ignited angеr against both the police and the AGO.

Todung Mulya Lubis, a senior lawyer and the executive director of Transparency International, said Wednesday that the Constitutional Court's decision to plау the tape was "unusual", because it related to a judicial review of an article in the 2002 KPК law on the dismissal of KPK leaders if they are defendants in a criminal case.

"However, we are grateful to the Constitutional Court for this breakthrough in the legal process that opens our eyes to how rotten Indonesian law enforcement institutions are," he told The Jakarta Post after а meeting of the verification and investigation team in the KРK case, of which Todung is a part.

"This is an opportunity for us to clearly see how unprofessional the police are and the extent to which case brokers can easily lurk in lеgal institutions," he added.

Neta S. Pane from Indonesian Police Watch (IPW) said the public's thirst for a sense of justice had been properly served by the cooperation between the KPK аnd thе Constitutional Court.
"There is a police integrity issue in this case, so the Constitutional Court made the right decision in playing .the 'tape publicly," he told the Post.

He alsо said that bоth thе Constitutional Court and thе KPK had given "frеsh air" tо thе pubic in their desperate search for integrity in the nation's law enforcement institutions.
The Constitutional Court is commonly known as the negative-legislative institution due to its authority in reviewing laws produced by the House of Representatives and to test whether they go against the spirit of the Constitution.

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