Agnes Maria E. Wardhana

Agnes Maria E. Wardhana

Since joining AHP, Agnes has amassed a wealth of expertise in general corporate, mergers and acquisitions, employment, litigation and dispute resolution areas. She now focuses primarily on commercial dispute resolution, land law, and competition/antitrust law.

In the competition law arena, she has worked on many high-profile competition cases, including PT Garuda Indonesia (Persero) Tbk. vs. the Indonesian Competition Commission (KPPU), where the District Court overturned the KPPU’s decision that Garuda had been part of an airline cartel established to maintain fuel surcharges, and held that uncorroborated circumstantial evidence could not be used to prove such allegations, and PT Holcim Indonesia Tbk., vs. KPPU, where Agnes was a member of the team that successfully defended cement producer Holcim Indonesia, a subsidiary of the largest cement producer in the world, against charges of participating in a price-fixing conspiracy with other cement producers.

In the antitrust arena, Agnes has a considerable experience in assisting companies in submitting notifications to KPPU, among others PT Metrotech Jaya Komunika Indonesia (for acquisition of Affinity) and PT Elang Mahkota Teknologi Tbk (for acquisition of PT Indosiar Karya Media Tbk). She also regularly advised clients on various antitrust issues, including distributorship arrangement, interlocking directorate, airlines alliance, antitrust manual, and tender.

Other major cases that Agnes was engaged on include a tort claim by telecommunications operator PT Indosat Tbk., against a state-owned gas company PT Perusahaan Gas Negara arising out of damage to Indosat’s fiber optic cables, and an appeal against an award of USD 1.5 million made against national flag carrier Garuda Indonesia in relation to comments about a well-known Indonesian businessman that appeared in the Garuda in-flight magazine. Agnes is currently representing PT Bank Mandiri (Persero) Tbk., on a tort claim initiated by its customer and Stemcord Pte Ltd in a tort claim in relation to cord blood storage.

She has also been considerably involved in representing clients on land and/or property acquisition in Indonesia, including to General Motors (Thailand, Ltd.) and Makino Asia Pte. Ltd. Some of the land acquisition transactions are located in industrial estate, while the other transactions include acquisition of land and/or property in Bali. Agnes has also been advising clients related to land/property law in Indonesia.
 

Qualifications

  • LL.B., University of Indonesia (year)
  • LL.M., Leiden University (year)
  • Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)
     

Publications

  • Contributor in 'ASEAN Competition Law', published by LexisNexis, edited by Dr R Ian McEwin and Kala Anandarajah (2011 – 2012).
     

Transaction Experiences

Dispute Resolution/Litigation

  • Represented PT Karyamegah Adijaya in a civil case related to Barclays Premiere League
  • on a lawsuit filed by PT Ayunda Prima Mitra (2009).
  • Represented PT Indosat Tbk. in a civil case against PT Perusahaan Gas Negara (Persero) Tbk. related to the damage to fiber optic cable (2010).
  • Represented PT Indomulti Media in a civil case related to an article of Hutomo Mandala Putra in ‘Garuda Inflight Magazine’, on a USD 1.5 million claim (2011).
  • Represented PT Garuda Indonesia (Persero) Tbk. (Garuda Indonesia), in allegation of violation of the Indonesian Anti-Trust Law on the fuel surcharge. The case was firstly examined before the KPPU and later escalated to the Central Jakarta District Court and the Supreme Court (2009).
  • Represented Chemoil Energy Limited in a civil case related to termination of an agreement (2010).
  • Represented BPR Artos Parahyangan in a civil case related to customers bank account dispute (2010).
  • Represented PT Holcim Indonesia Tbk. (Holcim Indonesia), before KPPU in the allegation of a violation of the Indonesian Anti-Trust Law on cement price cartel (2010).
  • Represented PT Gita Persada before KPPU in the allegation of a violation of the Indonesian Anti-Trust Law on conspiracy in the tender held by Ministry of Energy and Mineral Resources (2010).
  • Represented Sukhoi Civil Aircraft Company on payment of compensation following the Sukhoi flight accident in Gunung Salak (2012 – 2014).
  • Represented PT Petronas Niaga Indonesia in several cases against its former dealers (since 2013).
  • Represented PT Megasari Makmur in relation to television advertisement (2014).
  • Represented PT Bank Mandiri (Persero) Tbk. in a civil case related to house mortgage (2014).
  • Represented Stemcord Pte. Ltd in a civil case brought by its former customer on storage of cord blood (2014 to date).
  • Represented Garuda Indonesia against its former travel agent on the payment default (2014 to date).
     

Land/Property Transactions

  • Provided legal advice to PC Ketapang II Ltd (PCK2L) related to a land purchase transaction for cooperation with SKK Migas (2010).
  • Provided legal advice to General Motors (Thailand, Ltd.) in relation to land ownership under Indonesian law (2011).
  • Represented Makino Asia Pte. Ltd. in a land purchase transaction within an industrial estate (2011).
  • Represented General Motors (Thailand, Ltd.) in a land purchase transaction within an industrial estate (2011).
  • Provided legal advice to Ernst & Young Shinnihon LLC on the ownership of land and land disputes in Indonesia (2013).
  • Represented PT COSL Indo in a land purchase transaction within an industrial estate (2014).
  • Acting as legal advisor to various clients on ownership of and/or transfer of property (present).
  • Representing various clients on land transactions, including conducting due diligence on land (present).
  • Representing PT Medco Energi Internasional Tbk in a land purchase transaction within industrial estate (present).
  • Employment
  • Provided legal advice to PT Coca Cola Amatil Indonesia on outsourcing (2014).
  • Provided legal advice to PT MAA General Assurance on procedures of termination (2014).
  • Providing legal advice to Maybank Investment Bank and PT Maybank Kim Eng Securities on employment law (present).
     

Competition

  • Conducted due diligence on compliance to Indonesian Anti-Trust Law by Holcim Indonesia and its subsidiaries (2011, 2012 and 2014).
  • Provided legal advice to DLA Piper, a Japanese law firm, in relation to investment and distribution from the perspective of Indonesian Anti-Trust Law (2009).
  • Provided legal advice to PT Barito Pacific Tbk., on interlocking directorate (2010).
  • Represented PT Elang Mahkota Teknologi Tbk in filing a notification to KPPU on the shares acquisition of PT Indosiar Karya Media Tbk. (2011 – 2012).
  • Provided legal advice to PT NYK Line Indonesia on investigation of terminal handling charge tariff in Tanjung Priok Port from the perspective of Indonesian Anti-Trust Law (2011).
  • Provided legal advice to Drew & Napier LLC on the alliance of Singapore Airline Limited and Virgin Australia Airlines Pty. Ltd. from the perspective of Indonesian Anti-Trust Law (2011).
  • Provided legal advice to Bluescope Steel Indonesia on its company manual from the perspective of Indonesian Anti-Trust Law (2011).
  • Represented PT Metrotech Jaya Komunika Indonesia in filing a notification to KPPU on the shares acquisition of Affinity (2011).
  • Provided legal advice PT Titan Petrokimia Nusantara on its company manual from the perspective of Indonesian Anti-Trust Law (2012).
  • Represented KOG Investments Pte Ltd in filing a notification to KPPU on the shares acquisition of Global Amines Company Pte. Ltd (2013 - 2015).
  • Represented Clariant Participations Ltd. in filing a notification to KPPU on the shares acquisition of Yihai Kerry (Lianyungang) Aliphatic Amines Co. Ltd (2013 - 2015).
  • Mergers and Acquisitions
  • Represented PT Japfa Comfeed Indonesia Tbk. in a bonds issuance transaction in Singapore, issued by Japfa Comfeed BV (2007).
  • Acted for PT Holcim Beton in the due diligence process for a shares acquisition transaction of PT Readymix Concrete Indonesia and PT Pendawa Lestari Perkasa (2007).
  • Acted for Holcim Indonesia in the due diligence process for a shares acquisition transaction of PT Bintang Polindo Perkasa (2008).
  • Represented a company in the due diligence process for a shares acquisition transaction of PT Matahari Putra Prima Tbk (2010).
     

Others

  • Provided legal advice to Holcim Indonesia in relation to, among others, B3 (Hazardous and Toxic Materials) waste treatment to alternative fuel or alternative raw materials, borrow-use land and/or forest area exchange, articles of association amendment, liquidation, general land ownership, distribution contract, environmental issue, mining license, and transportation operation contract.
  • Provided legal advice to PT Mohtra Agung Persada in relation to a three-party operation contract termination (2009).
  • Provided legal advice to PT Johnson & Johnson Indonesia in relation to sub-distributors compliance to anti-corruption law (2014).
  • Provided legal advice to PT Bank International Indonesia Tbk., in relation to the implication of Constitutional Court ruling in relation to dispute settlement of sharia banking (2013).
  • Provided legal advice to PT Pertamina (Persero) in relation to gas sales structural amendment (2013).
  • Provided legal advice to PT CIMB Securities Indonesia in relation to securities and securities agent transactions (2014).
  • Provided legal advice to Garuda Indonesia in relation to compliance as a state-owned entity to the Indonesian Anti-Corruption Law (2014).
  • Provided legal advice in relation to dispute settlement and civil code in Indonesia.

 

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