Wednesday October 11 2017, 1:05am

Ignatius Andy Law Offices

Equity Tower 11th floor
Sudirman Central Business District
Jalan Jendral Sudirman
Kavling 52-53
Jakarta 12190, Indonesia

Tel: +62 21 515 0350
Fax: +62 21 515 0351
Email: ignatius.andy@ignatiusandy.com
www.ignatiusandy.com
Ignatius Andy
Partner

Ignatius Andy started his law career at Kanaka-Legal Study Bureau as researcher from 1990 until 1991, when he was still a student at Parahyangan Catholic University, Bandung. Soon as he graduated cum laude, in 1992 Andy worked at Makarim & Taira S. as associate concentrating at commercial dispute resolutions and corporate commercial matters until 1996. He joined Hadiputranto, Hadinoto & Partners in 1996 as associate in Banking & Finance Practice Group and later he played a significant role in the establishment and leadership of the firm’s Litigation Practice Group. He became Partner of Hadiputranto, Hadinoto & Partners (correspondent office of Baker Mckenzie in Jakarta) in 2001. After resigning from Hadiputranto, Hadinoto & Partners, Ignatius Andy established IGNATIUS ANDY LAW OFFICES.

Ignatius Andy Law Offices (“IALO”) is recognized as prominent boutique law firm in Indonesia. IALO commenced its operation in July 2004 and grows substantially due to rapid expansion of its legal services and clients based. IALO focuses its practice on anti-trust issues, dispute resolution as well as corporate and commercial matters. The Firm’s dispute resolution and corporate commercial services include domestic/international and complex civil and commercial proceedings, bankruptcy, suspension of payment, business competition judicial proceedings, domestic and international arbitration, debt restructuring and corporate and commercial transactions.

Awards
As recognition of the firm’s high quality services, Ignatius Andy and Ignatius Andy Law Offices have received various reputable awards such as:

2011

  • “Asian-Mena Counsel ‘In House Community’ Firm of the Year 2011 in Indonesia for Antitrust/Competition” by Asian-Mena Counsel;
  • “Indonesia Dispute Resolution Lawyer of the Year” in 2011 by Global Awards – Corporate INTL;
  • “Indonesian – Arbitration Law Firm of the Year” in 2011 by Global Law Experts;
  • “Leading Lawyer in Dispute Resolution” in 2011 by Asialaw Leading Lawyers;

2012

  • “Leading Lawyer in Dispute Resolution” in 2012 by Asialaw Leading Lawyers;
  • “Law Firm of the Year – Corporate & Finance – Indonesia” in 2012 by Lawyers World Law Award;
  • “Law Firm of the Year – Litigation & Arbitration – Indonesia” in 2012 by Lawyers World Law Award;
  • “Indonesia Dispute Resolution Lawyer of the Year” in 2012 by Global Awards – Corporate INTL;
  • Ranked second in Employment & Dispute Resolution in 2012 by Chambers Asia Pacific;

2013

  • Ranked second in Employment & Dispute Resolution 2013 by Chambers Asia Pacific;
  • “Asian-Mena Counsel ‘In House Community’ Firm of the Year 2013 in Indonesia for Antitrust/Competition” by Asian-Mena Counsel;
  • “Leading Lawyer in Dispute Resolution” in 2013 by Asialaw Leading Lawyers;
  • “Competition law Firm of the Year” in 2013 by Finance Monthly;
  • “Indonesia – Dispute Resolution Law Firm of the Year” in 2013 by ACQ Magazine;
  • “Indonesia – Dispute Resolution Law Firm of the Year” in 2013 by DealMakers Magazine;
  • “Commercial Dispute Resolutions Law Firm of the Year 2013 – Indonesia” in 2013 by InterContinental Finance Global Awards;
  • “Dispute Resolution Law Firm of the Year in Indonesia” in 2013 by Legal Awards - Corporate INTL;
  • “Employment Lawyer of the Year in Indonesia” in 2013 by Legal Awards - Corporate INTL;
  • “Financial Transactions Law Firm of the Year in Indonesia” in 2013 by Legal Awards - Corporate INTL;
  • “Commercial Law Firm of the Year in Indonesia” in 2013 by Legal Awards - Corporate INTL;

2014

  • “Alternative Dispute Resolution Law Firm of the Year in Indonesia” in 2014 by Global Awards - Corporate INTL;
  • “Leading Lawyer in Dispute Resolution” in 2014 by Asialaw Leading Lawyers;
  • “Leading Lawyer in Labour & Employment” in 2014 by Asialaw Leading Lawyers;
  • “Business Competition Law Firm of the Year – Indonesia” in 2014 by Monthly Finance Global Awards;
  • Ranked Second in “Leading Individuals for Employment & Dispute Resolution” in 2014 by Chambers Asia Pacific;
  • “Indonesia – Dispute Resolution Law Firm of the Year” in 2014 by ACQ Magazine;
  • “Indonesia – Best Law Firm” in 2014 IAIR LEGAL AWARDS of the 4th annual edition;
  • “Boutique Law Firm of the Year – Indonesia in 2014 by Business Exellence Awards”;
  • “Business Competition Law Firm of the Year” in 2014 by Legal Comprehensive Law Award;
  • “Leading Lawyer in Dispute Resolution and Labour & Employment” in 2014 by Asialaw Leading Lawyers; and
  • “Asian-Mena Counsel ‘In House Community’ Firm of the Year 2014 in Indonesia for Litigation and Dispute Resolution” by Asian-Mena Counsel.

Professional Services
During his professional practice since 1992, Mr. Ignatius Andy has been representing and assisting numerous clients e.g. World Bank, Coca Cola, Carrefour, Newmont Corporation, Unilever, L’Oreal, Salim Group, Sumitomo Mitsui Banking Corporation, Komatsu Indonesia, IBM, Nutricia Indonesia, PT Astra International Tbk, PT Astra Auto Finance, Kraft Foods International, Goodyear, Indofood, Dupont, DOW Chemical, P&G, Pfizer, Caterpillar and UBS in various corporate matters and various court proceedings and disputes. Some of his experiences and expertises are briefly summarized below:

Anti-Trust

  • Representing STT Communication Ltd. and Asia Mobile Holding Company Pte. Ltd in judicial proceedings against the allegation of violation of cross-holding share ownership in relation with the share ownership in PT Indosat, Tbk and PT Telekomunikasi Selular.
  • Representing PT Deloitte & Touche FAS in judicial proceedings against the allegation of conspiracy in relation with the tender of shares and convertible bond of PT Indomobil Sukses Internasional, Tbk transaction. The case is the first major anti-monopoly proceedings in Indonesia.
  • Representing PT Pfizer Indonesia in judicial proceedings against the allegation of price fixing, cartel and abuse of dominant position in relation with the production and distribution of certain medicines.
  • Representing PT Carrefour Indonesia in the proceedings on the allegation of violation of monopoly, and dominant position in relation with the acquisition of PT Alfa Retailindo, Tbk. by PT Carrefour Indonesia.
  • Representing PT Telekomunikasi Selular (Telkomsel) in the proceedings against the allegation of violation of price fixing in relation with SMS (Short Message System) tariff.
  • Representing PT Salim Ivomas Pratama on the allegation of cartel in palm cooking oil industry in Indonesia.
  • Representing PT Bhineka Usada Raya to challenge KPPU Decision No. 13/KPPU-L/2005 in relation with the allegation of market control and conspiracy of medical equipment tender in Cibinong Regional Hospital, West Java.
  • Representing PT. Donggi-Senoro LNG (DSLNG) in relation to KPPU’s examination on PT. Pertamina (Persero), PT. Medco Energi Internasional, Tbk., PT. Medco E&P Tomori Sulawesi and Mitsubishi Corporation in matters concerning tender and conspiracy to obtain competitor’s secret information.  
  • Representing PT Astra Graphia Tbk on the allegation of tender conspiracy in electronic citizen identity card project (e-KTP), one of the major projects in Indonesia.
  • Acting as the antitrust counsel of a multinational pharmaceutical company that conducts an antitrust legal due diligence on the Company’s activities, contracts, behaviors and interaction with its customers, distributors, competitors and other business partners in the context of the Indonesian Competition Law.
  • Conducting a comprehensive assessment and providing legal opinion to a major telecommunication company in Indonesia related to anti monopoly law and consumer protection law matters, specifically on products bundling.
  • Acting as the Indonesian legal counsel in antitrust project related to global business plan of a multinational corporation in marketing its various products bundling in various countries including in Indonesia.
  • Acting as Indonesian counsel of two engineering multinational corporations on their cross border merger transaction.
  • Representing a leading multinational brewery company to assist and advise in preparing a comprehensive competition law manual for the company.
  • Acting as Trainer in PT. LG Electronics Indonesia’s training program concerning vertical restraints.

Litigation
Ignatius Andy has been performing litigation practice since 1992 and he developes extensive litigation skills and experience. He has unique capability of combining his years of litigation experiences with extensive understanding of corporate, banking and finance transactions which prove to be effective in assisting multinational corporate clients in analysing various legal issues. Ignatius Andy was involved in major litigation cases such as:

  • Representing ExxonMobil as Defendant in judicial proceedings regarding dispute of land located in an oil drilling area in Bojonegoro.
  • Representing Bell Helicopter as Defendant in judicial proceedings against a tort claim with respect to the accident of Bell Helicopter 412 on 8 February 2021 at West Java.
  • Representing Singapore Technologies Telemedia Pte Ltd, STTC Communication Ltd, Asia Mobile Holding Company Pte Ltd and Asia Mobile Holding Pte Ltd. (as Defendants) against some consumers’ claims in the Class Action judicial proceedings.
  • Representing Vietnam Airlines Corporation as Defendant against Batavia Air’s tort claim in two judicial proceedings.
  • Representing Essence Indonesia as Defendant in judicial proceedings against tort claim with respect to the cost of land reclamation and building lease in East Jakarta.
  • Representing TOA Investment as Defendant against tort claim of PT Wijaya Wisesa and PT Wisata Persada in a judicial proceeding in relation with the sale purchase of shares, management changes and deletion of rights to bill.
  • Representing British American Tobacco as Plaintiff at the District Court of East Jakarta relating to breach of Consultation Agreement.
  • Representing Telkomsel as Defendant related to the alleged claims of tort and compensation.
  • Representing Newmont Nusa Tenggara in a state administrative proceedings relating to a lawsuit brought by Yayasan Wahana Lingkungan Hidup (Walhi) and other NGOs.
  • Assisting Carrefour Indonesia to settle dispute with its major Indonesian competitors. This is a high profile dispute involving multiple court litigations and criminal complaints filed by both parties.
  • Representing Kraft Foods International in shareholders dispute.
  • Assisting Dupont Indonesia in court dispute.
  • Assisting Astra International in some shareholding disputes.
  • Representing Pfizer Indonesia and L’Oreal in distributorship dispute in court.
  • Representing IBM Indonesia in trade dispute in court.
  • Representing HSBC and Goodyear Indonesia in enforcing various Hak Tanggungan in various courts.
  • Representing Indofood in major commercial dispute at various courts.

Corporate Commercial Matters
Ignatius Andy has been assisting various clients in various corporate commercial matters such as:

  • Assisting Astra Sedaya Finance in negotiating term loan syndication agreement in the amount of USD 60 Million for Astra Sedaya Finance’s working capital.
  • Assisting Astra Sedaya Finance in negotiating term loan syndication arrangement in the amount of USD 100 – 150 Million for Astra Sedaya Finance’s working capital.
  • Assisting PT Pertalahan Arnebatara Natuna in negotiating term loan syndication arrangement in the amount of USD 60 Million for refinancing the existing loan facility and working capital.
  • Assisting Bumi Hasta Mukti, which owns oil field in Natuna, in negotiating term loan facility arrangement for the maximum amount of USD 12,000,000 with the purpose of financing the purchase of vessel and refurbishment or renovation as well as maintenance of vessel.
  • Assisting PT. Nutricia Indonesia Sejahtera in preparing and negotiating the Product Distribution Agreement to provide mechanism for the distribution of PT. Nutricia Indonesia Sejahtera’s products.
  • Assisting Nasta Shipmanagement S.A., a Greece shipping company, in the establishment of a shipping joint venture company in Indonesia.
  • Advising World Bank and Ministry of Finance on the Infrastructure Guarantee Fund (IGF) establishment scheme and any relevant issues under Indonesian law as well as drafting and preparing relevant documents for the establishment of the IGF.
  • Assisting United Engineers Limited (“UEL”), a Singapore engineering services company, to conduct legal due diligence on a local construction services company with respect to UEL’s plan to establish a new joint venture company in the construction services business in Indonesia.
  • Assisting PT Boga Catur Rata, a local food producer company and owner of a well-known supermarket, in the proposed shares divestment transaction.
  • Assisting a Malaysian company, as the purchaser, in the transaction of sale and purchase of working interest owned by one of the biggest Australian oil companies with respect to a Production Sharing Contract for an oil field area in Indonesia.
  • Assisting a client, as the purchaser, in negotiating the terms and conditions of sale and purchase of shares sold by one of the biggest Indonesian oil companies with respect to a Production Sharing Contract for an oil field area in Indonesia.
  • Assisting an IT company in preparing the Online Trading Agreement to protect the company’s interest in connection with the implementation of Online Trade Application System installed by the company.
  • Assisting and advising PT Mitsui Leasing Capital Indonesia in its shareholding restructuring.
  • Assisting JA Mitsui Leasing Ltd., a Japanese financing company, in the establishment of a financing joint venture company in Indonesia.
  • Assisting PT Pfizer Indonesia in preparing its standard distribution agreement and various employment matters.
  • Assisting PT Carrefour Indonesia to prepare its standard construction agreement.
  • Assisting and advising Pan Pacific Hotel Jakarta’s owner in negotiating and preparing its hotel management agreement with international operator.
  • Assisting PT Astra Auto Finance and PT Astra Multi Finance in their joint venture’s arrangement.
  • Assisting a multinational leasing company in its capital restructuring.

Arbitration Proceedings
Ignatius Andy has extensive experiences in handling both domestic and international arbitration proceedings, such as:

  • Representing Indonesian and Germany IT companies as Claimants against the biggest Indonesian steel producer as in a dispute concerning breach of contract in the Indonesian National Board of Arbitration (“BANI”) proceedings.
  • Assisting Newmont Corporation as Respondent in contractual disputes with respect to shares divestment through United Nations Commission on International Trade Law (“UNCITRAL”) arbitration proceedings.
  • Representing PPLI as Respondent in business disputes in BANI proceedings concerning the access road/boundary dispute based on some contracts.
  • Representing the world’s leading surveyor company against a coal trading company in a breach of contract dispute in BANI proceedings.
  • Assisting Newmont Corporation as Claimant against in a dispute with respect to loan agreement and shareholders dispute through Singapore International Arbitration Centre (“SIAC”) proceedings.
  • Representing Pertamina, Indonesia’s well respected oil and gas state-owned company, as Respondent in SIAC arbitration proceedings using the UNCITRAL arbitration rules with 3 (three) arbitrators in Singapore.
  • Assisting various clients in registering and enforcing foreign arbitration awards in Indonesia.
  • Assisting Clients in domestic BANI arbitration on various cases related to contractual issues based on land used mutual cooperation dispute, distributorship dispute, building construction dispute, termination of distributorship dispute, office space lease dispute, jack-up oil drilling contract dispute and implementation of SAP R/3 disputes.
  • Assisting Client in SIAC arbitration proceedings on various cases related international trading contract dispute, transfer agreement, and loan agreement.

 

Employment Matters

  • Representing PT Ernst & Young Advisory Services in industrial relation dispute regarding employment relationship termination.
  • Representing PT Bentoel International Investama, Tbk., in dispute against the former external legal consultant of the company with respect to claim for severance fee.
  • Representing Newmont Nusa Tenggara in a case concerning more than 3,000 of Newmont’s workers with respect to the roster set forth in Newmont’s Collective Labor Agreement.
  • Representing Newmont Nusa Tenggara in industrial relation dispute regarding employment relationship termination with its employees.
  • Advising clients on various issues of employment law, including among others for Pfizer and Nutricia.

Bankruptcy and Suspension of Payment
Ignatius Andy has been handling various matters in bankruptcy and suspension of payment proceedings since the revival of the bankruptcy law in 1998.

  • Representing Clients in various major bankruptcy proceedings, such as PT Dharmala Sakti, PT Sempati Air, Manulife, PT Great River, PT Tiga Utama and the latest is PT Kaltim Supacoal.
  • Representing Clients in major financial restructuring and suspension of payment proceedings of PT Bakrie and Brothers Tbk, PT BFI Finance Indonesia Tbk, Anwar Sierad Group, PT Ciputra Development Tbk, Japfa Group Companies, PT Davomas Abadi Tbk.
  • Representing Client in the moratorium proceedings of PT Mandala Airlines.
  • Representing Client in PT Berlian Laju Tanker’s restructuring process.

Expert Witness
Ignatius Andy has also been acting as expert witness in various international judicial proceedings as well as domestic and international arbitration proceedings, such as:

  • Acting as expert witness on Indonesian law before the Hong Kong High Court with respect to matters related to the enforcement of SIAC Award, the garnishee order of the Hong Kong Court, Indonesia bankruptcy suspension of payment law and court proceedings.
  • Acting as expert witness in the SIAC proceedings in the case concerning the validity of Promissory Notes and the validity of the Promissory Notes as guarantees under Indonesian law.
  • Acting as expert witness with respect to business competition law issues in SIAC proceedings, particularly on the Arbitral Tribunal’s jurisdiction and/or authority to decide on business competition law issues and on the recognition and enforceability of SIAC Award in the territory of the Republic of Indonesia.
  • Providing written expert opinion on the jurisdiction of Indonesian Court over a case involving foreign party related with tort and product liability claims filed by Indonesian citizens against Bell Helicopter arising out of the crash of Bell Helicopter 412 in Indonesia.
  • Providing written expert opinion on certain issues relating to the Indonesian Arbitration Law and the applicability of UNCITRAL Arbitration Rules under the laws of Republic of Indonesia in Arbitration proceedings between the Government of the Republic of Indonesia and Newmont Corporation.
  • Providing written expert opinion pertaining to the Indonesian court jurisdiction to adjudicate foreign parties in relation to claims submitted based on tort and product liability by an Indonesian citizen in the Texas District Court proceedings.

Speaker and Trainer
Ignatius Andy sits as speaker, trainer, and moderator for years in variousworkshops, conferences and seminarsheld by prominent institutions, such as:

  • Speaker in PT Indofood Sukses Makmur Tbk in-house training concerning business competition law and cases.
  • Moderator in public discussion at hukumonline.com concerning enforcement of international arbitral award in Indonesia.
  • Speaker in some seminars held by Indonesian Corporate Counsel Association concerning choice of law and choice of forum and development on business competition law and jurisprudence.
  • Speaker for inhouse counsels’ workshop in PT Pertamina (Persero) concerning choice of law and choice of forum.
  • Speaker in Sampoerna group in-house counsel professional development.
  • Trainer in PT. LG Electronics Indonesia’s training program concerning vertical restraints.
  • Trainer in PT Astra International Tbk.’s Legal Officer Development Program concerning Indonesian Consumer Protection law.
  • Mr. Ignatius Andy is also invited to teach at Parahyangan Catholic University, Atma Jaya Catholic University, University of Indonesia and Tarumanegara University on various Indonesia law issues.

Moot Court
Mr. Ignatius Andy is a keen supporter of International moot court competitions, having served as judge at various International Moot Court Competitions as follows:

  • the 2009 ICRC International Humanitarian Law Moot Court Competition;
  • the 2010 Philip C. Jessup Public International Law Moot Court Competition;
  • the 2011 Asia Pacific Regional Round of Manfred Lachs Space Law Moot Court Competition;
  • the 2011 Philip C. Jessup Public International Law Moot Court Competition;
  • the 2013 Philip C. Jessup Public International Law Moot Court Competition; and
  • the 2014 Philip C. Jessup Public International Law Moot Court Competition.

Professional Membership

  • Member of International Bar Association;
  • Member of the Indonesian Law Graduates Association;
  • Member of the Indonesian Advocates Organization;
  • Member of the Capital Market Lawyers Association (HKHPM);
  • Registered lawyer in Financial Services Authority (OJK).