Dispute Resolution

Lubis Santosa & Maulana’s dispute resolution practice has been consistently nominated as one of the leading dispute resolution practice group in Indonesia. The Asia Pacific Legal 500 (2006/2007 edition) ranked Lubis, Santosa & Maulana as the first tier law firms in the field of dispute resolution.

The Asia Pacific Legal 500 (2006/2007 edition) also voted Dr Todung Mulya Lubis, Senior Partner of the firm, as leading individual in dispute resolution practice in Indonesia, and said that “Lubis Santosa & Maulana’s Todung Mulya Lubis is popular with International clients, who appreciate his ability to advise them how to navigate the Indonesian court system without becoming involved in corruption”. He is also listed in The International Who's Who of Business Lawyers as a leading lawyer in dispute resolution in Indonesia.

Over the years Lubis, Santosa & Maulana has been involved in many high profile litigations in Indonesia. Our Dispute Resolution’s practice groups has an extensive experiences to represent individuals, private and public companies, multinational corporations, state owned enterprises as well as governmental agencies and institutions in a very complex litigation matters. The Dispute Resolution’s practice group of Lubis Santosa & Maulana also works together with the Corporate and Commercial’s team where knowledge and expertise of the Corporate and Commercial’s team for particular corporate and commercial matters are necessary thereby enabling the Dispute Resolution’s team to obtain comprehensive solution for clients to the dispute concerns.

Please click on the practice areas indicated for a more detailed description of the breadth of our dispute resolution’s practice and sample of our litigation works for clients.

Lubis, Santosa & Maulana 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.

Lubis Santosa & Maulana 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.

Lubis Santosa & Maulana 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;
  

Lubis, Santosa & Maulana serves and represents international and domestic institutions in the bankruptcy proceedings. We had experiences in defending clients in the Commercial Court for bankruptcy proceedings as well as in representing clients in claiming their rights from a bankruptcy estate of companies declared by the Commercial Court to be in bankruptcy.

Some of our litigations in the bankruptcy proceedings are herein below:

• Total E&P Indonesie in the bankruptcy petition filed by PT Sanggar Kaltim Jaya and PT Istana Karang Laut at the Jakarta Commercial Court and the Supreme Court;
• PT Wisma Calindra (a company owned by Prof. Ismail Suny) in a bankruptcy petition filed by Kadi International (a Japanese Construction Company) at the Jakarta Commercial Court; and
• ConocoPhillips (Ramba) Ltd., in a receivables verification conducted by the Receiver of PT Sapta Sarana Persona Prima, at the Jakarta Commercial Court;
  

Lubis Santosa & Maulana also offers advice, assistance and representation criminal matters. We had extensive experience in assisting and representing clients in all level of criminal investigations and trials in relation to various criminal legal issues for individuals from diverse industries.

Lubis, Santosa & Maulana has engaged in criminal litigations in the extensive area including criminal matters relating to banking, finance, insurance, capital market, investments, acquisitions, shareholders disputes, commercial contracts, real estate and construction, energy and natural resources, plantation and media.

We have assisted and represented clients, among others, in the following criminal matters:

• Journalists of a leading International magazine during the investigation with regard to alleged defamation committed by the journalists by reason of the magazine’s publication of an article written and reported by the journalists;
• Journalists of a leading local magazine’s during the investigation as well as in defence of the criminal proceedings with regard to alleged defamation committed by the editor in chief and the journalists by reason of the magazine’s publication of article written and reported by the journalists;
• A joint venture insurance company on the falsification of insurance policy and documents;
• An Indonesian holding company on the investigation at the prosecutor’s office on the sales of its subsidiary companies;
• A leading international coal producer company on the investigation at the prosecutor’s office over the dispute of divestment issues;
• A leading international mining company on the alleged violation of the Indonesian immigration laws; and
• An Indonesian securities company during the investigation with regard to an alleged violation of capital market and stock exchange regulations;
  

Our dispute resolution practice serves and represents clients in administrative court. We have been involved in the number of disputes in the administrative court where the interest of clients were detrimentally affected by the decision of governmental institution having jurisdiction over the interest of the clients. We have also engaged in administrative court disputes for defending the interest of clients in certain cases where the decisions of governmental institution favoring clients were challenged by other parties.

Some of our cases in the administrative court are herein below:

• PT Kaltim Prima Coal in the administrative lawsuit filed by PT Melati Bhakti Satya (East Kalimantan Provincial Government-Owned Company) at the Jakarta Administrative Court;
• BP in the proceeding before the Administrative Court of Jakarta in relation to the its bid procurement activities;
• PT Tambang Batubara Bukit Asam (Persero) Tbk., a state owned coal mining company, as the Plaintiff in the proceeding before the 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;
  

Lubis Santosa & Maulana assist clients on all employment related litigious matters as part of its comprehensive legal services to its clients. We advise and assist clients on employment issues relating to the termination of employment, including negotiation and out of court settlement on termination of employment as well as other employment issues relating to rights and duties of employer and employee. While we always attempt to resolve employment related litigious matters through negotiation and out of court settlement, we also engage in the employment related litigious matters at the Industrial Tribunal.

Some of our engagements in the field of employment issues are as follows:

• The Indonesian Bank Restructuring Agency (BPPN) in the dismissal of thousands of employees of a number of national banks closed in 1998;
• Arco/BP West Java Ltd. and PT Pertamina (Persero) in the tort civil lawsuit filed by the ex-employees of Arco at the South Jakarta District Court, Jakarta High Court and the Supreme Court with respect to income tax matters;
• GAP Inc., in the industrial relations disputes related to the termination of its outsoursing contracts; and
• The Washington Post, Alcon Laboratories, PT Metro Supermarket Realty, Tbk, and others on their industrial relations disputes.
  

Lubis Santosa & Maulana is also active in the litigation relating to competition law. We develop strategies appropriate to client’s interest in the event of dispute with the intention to minimize client’s risks in all level of investigations at Commission for the Supervisory of Business Competition (KPPU) on the allegation of violation of competition law. We also play a significant role in all level of appeals on the judgment of KPPU to the relevant court of law.

Our dispute resolution practice has served and represented clients, among others, in the following competition law cases:

• PT Holdiko Perkasa, in the investigation at the Business Competition Supervisory Body (KPPU) and 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;
• 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
• Astro in the investigation at the Business Competition Supervisory Body (KPPU) with regard to its exclusive arrangements in the distribution of certain television channels;
• BP Indonesia Ltd., in the investigation and hearing at the Business Competition Commission with regard to allegations of conspiracy on its procurement;
• Temasek Holdings, in the investigation at the Business Competition Supervisory Body (KPPU) with regard to alleged violations of certain provisions of Law No. 5 Year 1999;
  

Lubis Santosa & Maulana dispute resolution practice is also engaged in tax litigation. We have experience in dealing with tax litigation at the Supreme Court of the Republic of Indonesia. We have also advised and assisted clients relating to legal issues on the taxation matters.

Tax litigation that we were involved with includes:

• 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.
• ConocoPhillips (Northwest Natuna Block) 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; and
• An Indonesian holding company on the tax investigation at the Director General of Tax of the Republic of Indonesia with regard to the alleged criminal tax issues committed by  a party having a commercial transaction with the company;
  

Constitutional Court is one of the judiciaries stipulated in the 1945 Constitution of the Republic of Indonesia. It is authorized to hold trials and render its final decisions on matters relating to (a) review of laws against the 1945 Constitution of the Republic of Indonesia; (b) dispute settlement over the powers of State Institutions whose authorities are mandated by the 1945 Constitution of the Republic of Indonesia; (c) dissolution of political parties; (d) disputes on the results of general election.

Lubis Santosa & Maulana is one amongst a relatively small number of law firms in Indonesia that offer its service to clients on legal issues within the jurisdiction of Constitutional Court. We have experience in assisting and representing clients at the Constitutional Court for the purpose of reviewing constitutionality of the laws related to the interest of clients against the 1945 Constitution of the Republic of Indonesia.

Cases at the Constitutional Court that we were involved with:

• udicial Review on Law of the Republic of Indonesia No. 32 Year 2002 Broadcasting Law filed by the Indonesian Television Journalists Association (Ikatan Jurnalis Televisi Indonesia), Indonesian National Commercial Radio Broadcasters Union (Persatuan Radio Siaran Swasta Nasional Indonesia), Persatuan Perusahaan Periklanan Indonesia, Indonesian Association for Television Broadcasting (Asosiasi Televisi Siaran Indonesia), Indonesian Dubbing Association (Persatuan Sulih Suara Indonesia) and Indonesian Television Community (Komunitas Televisi Indonesia); and
• Judicial Review on Law of the Republic of Indonesia No. 22 Year 1997 concerning Narcotics filed by four (two Indonesian and two Australian) death convicts in challenging the constitutionality of the death penalty;
  

Our dispute resolution practice is also active in international and domestic arbitration. We have been involved in international and domestic arbitrations in the area of construction, acquisition, distribution as well as energy and natural resources. Dr. Todung Mulya Lubis, SH, LLM, Senior Partner of Lubis Santosa & Maulana is an arbitrator of the Indonesian National Board of Arbitration (Badan Arbirtase Nasional Indonesia/BANI) and the International Chamber of Commerce (ICC) Paris.

Our involvements in the arbitration, inter alia, are:

• PT Holdiko Perkasa on a dispute relating to the sale of its shares in the Sugar Group Companies, which was finally settled amicably following the submission of the case to Singapore International Arbitration Centre (SIAC);
• PT INCO in  the arbitration proceedings under the ICC Rules relating to its services contract;
• Rio Tinto Plc., BP Plc. Pacific Resource Investments Ltd., and BP International Ltd. at the ICSID proceeding brought by the Provincial Government of East Kalimantan;
• Total E&P Indonesia in the arbitration proceedings under the Rules of Indonesian National Board of Arbitration (BANI) relating to certain claims brought by its contractors and sub-contractors;
• PT Halliburton Indonesia in the arbitration proceedings under the Rules of Indonesian National Board of Arbitration (BANI) relating to a claim arising out of the construction of a petroleum facility;