Harvardy M. Iqbal

Harvardy M. Iqbal is the founding partner of Harvardy, Marieta & Mauren – Attorneys at Law (HMM Attorneys) specializing in civil-commercial litigation and restructuring and insolvency. He is a law graduate of Universitas Gadjah Mada, Yogyakarta. Harvardy also obtained his master degree at Universitas Gadjah Mada.

Prior to establishing HMM Attorneys, he has worked with several prominent Indonesian law firms: Sutito Gunadi Suhar (SGS) - Legal Consulting, KarimSyah Law Firm and Ignatius Andy Law Offices. In 2011, he was seconded to PT Newmont Nusa Tenggara as its in house legal counsel for litigation and corporate matters.

Harvardy has extensive experience in civil and commercial litigation. He is handling various disputes representing various clients in the following industries: bank, insurance, e-commerce and marketplace, financial technology, mining and more related to civil, criminal, state administrative and suspension of debt payment and bankruptcy proceedings.

Harvardy is qualified and licensed to act as barrister (Advokat) before the Indonesian courts, a Certified Legal Auditor (CLA) and Receiver (Kurator).

Harvardy is also active in various law communities, such as:

• President of the Indonesian Legal Auditor Association (Asosiasi Auditor Hukum Indonesia/ASAHI)
• Chairman of the Certification Institution of the Indonesian Legal Auditor (Lembaga Sertifikasi Profesi – Auditor Hukum Indonesia/LSP AHI)
• Secretary General of Restructuring and Insolvency Chamber Indonesia (Kamar Restrukturisasi dan Insolvensi Indonesia/RICI)
• Vice Secretary General of the Indonesian Bar Association (Asosiasi Advokat Indonesia/AAI)
• Head of Public Relation and Information Technology of the Indonesian Receivers and Administrators Association (Asosiasi Kurator dan pengurus Indonesia/AKPI)
• Head of Partnership of the KAGAMA Legal Aid (KAGAMA Bantuan Hukum)
• Committee of Gadjah Mada University’s Law Faculty Alumni (Keluarga Alumni Fakultas Hukum Universitas Gadjah Mada/KAHGAMA)
• President of Law Riders Indonesia (LAWRI)

Practice Area
Civil-commercial and general litigation, bankruptcy and suspension of debt payment, employment.

Email : harvardy@hmmattorneys.id

Example of Harvardy’s representations

• Counsel to several multinational insurance companies in various insurance claim disputes.
• Counsel to one of world’s largest retail companies in various civil and employment disputes.
• Counsel to one of Indonesia’s largest mining companies in civil court and criminal proceedings related to shareholders dispute.
• Representing approximately 1,400 creditors in a debt restructuring process of PT Sentul City Tbk at the Commercial Court of Central Jakarta District Court.
• Counsel to a rising courier company in Indonesia and Asia in civil court proceedings.
• Counsel to a gold mining company in a state administrative dispute against several environment organizations with regard to the tailing placement permit.
• Counsel to a gold mining company in a citizen lawsuit against some communities related to the divestiture process.
• Counsel to a group of telecommunication company in Singapore in a class action lawsuit submitted by various groups of customers.
• Counsel to a rating agency company in a dispute against several bondholders of PT Bank Global Internasional Tbk.
• Counsel to several airline companies in various court proceedings and out of court settlements in connection with various aviation accidents.
• Indonesian co-counsel to assist a state-owned company in a dispute related to the implementation of a gas pipeline contract before the Singapore International Arbitration Centre (SIAC) proceedings using the United Nations Commission on International Trade Law (UNICTRAL) arbitration rules.
• Counsel to the Government of the Republic of Indonesia in a share divestiture arbitration case against one of the largest gold mining companies in an Ad-hoc arbitration under UNCITRAL arbitration rules.
• Counsel to a consortium of IT companies in a contractual dispute against a state-owned company related to the implementation of ERP system in Badan Arbitrase Nasional Indonesia (BANI) proceedings.
• Counsel to a waste management company against one of the biggest cement company in Indonesia in BANI arbitration proceedings.
• Counsel to several creditors in a suspension of payment (PKPU) process against PT Berlian Laju Tanker Tbk.
• Counsel to an Indonesian joint venture company between Australian coal mining company and Malaysian coal mining company as a debtor in PKPU process and bankruptcy proceedings.
• Appointed as Receiver (Kurator) of PT Arpeni Pratama Ocean Line Tbk (in Bankruptcy), PT Dell Pan Tunggal (in Bankruptcy) and PT Arjuna Finance (in Brankruptcy).

Windri Marieta

Windri Marieta is the founding partner of HMM Attorneys. She specializes her practice areas in investment, e-commerce, financial technology, general corporate, merger and acquisition, family law, arbitration and alternative disputes settlement. She is a law graduate of Universitas Indonesia. Prior to strengthening HMM Attorneys team, she has worked with two prominent Indonesian law firms.

Windri has represented clients in both domestic and international arbitration proceedings under various arbitration institutions and rules such as Badan Arbitrase Nasional Indonesia (BANI), Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), UNCITRAL rules as well as handling enforcement of both domestic and international arbitral awards in Indonesia.

In 2008, she was involved in an arbitration proceeding representing the Government of Indonesia against one of the largest gold mining companies under UNCITRAL rules related to the share divestiture process. In 2012, she represented a State owned enterprise company in a high profile construction claim pursuant to FIDIC contract with the total amount of USD 17,298,834.57 claim under ICC Rules. In 2019, she became the Counsel to a foreign investment company against one of big oil company in Indonesia for a USD 41,306,294  claim before Badan Arbitrase Nasional Indonesia (BANI).

Windri advises various e-commerce companies and assists clients in starting up business/investment in Indonesia. She also leads HMM’s corporate secretarial team which handles general corporate issues of company such as licenses, contract drafting, investment report and general meeting of shareholders. She is also leading HMM's financial technology division to assist clients in obtaining licenses for peer to peer lending business. In 2019, Windri is appointed as member of Board of Ethic of Indonesian Fintech Lenders Association (Asosiasi Fintech Pendanaan Bersama Indonesia or "AFPI").

Windri also advises clients for family law matter and has represented high profile clients in divorce, distribution of joint property and marriage annulment cases.

Windri is qualified and licensed to act as legal counsel before the Indonesian courts. She is also one of very few Indonesian people accepted as Fellow of the Chartered Institute of Arbitrators and is currently serving as Co-Chair of the Chartered Institute of Arbitrators Indonesia Chapter.

Practice Area
Investment, e-commerce and financial technology, general corporate, merger and acquisition, family law, arbitration and alternative disputes settlement.

Email : marieta@hmmattorneys.id

Writings:

• 2012 - Writer for “Indonesia” jurisdiction with Sahat A.M. Siahaan in the ICLG International Comparative Legal Guide to International Arbitration, 9th Edition
• 2011 - “Enforcement of International Arbitral Award in Indonesia” published in OPINI JURIS by the Ministry of Foreign Affairs of the Republic of Indonesia
• 2009 - Karen Mills with Ilman Rakhmat, Windri Marieta & Hanna Azkiya. Arbitration In Indonesia KarimSyah Law Firm, Jakarta (published in Asian Arbitration Guide Book 2009)
• 2007 - Karen Mills with Windri Marieta. Fair and Equitable Treatment in Investment Agreements. 1st Annual Forum of Developing Country Investment Negotiators. Singapore: October 1-2, 2007.
• 2006 - Why not arbitration? A study of arbitration as the preferred method for settling commercial disputes settlement. SULH newsletter, International Islamic University of Malaysia.

Example of Windri’s representations :

• Assisting liquidation of France well-known horticulture company’s subsidiary in Indonesia. Part of the fourth-largest field seed group company and the second-largest vegetable seed company in the world – the first in Europe in both sectors – and a European food agro-industrialist (2021);
• Leading an acquisition of an Indonesian digital platform company by a foreign company who owns and operates bespoke classifieds portals in emerging markets, primarily in the MENA, South Asia and Southeast Asia regions. As a large digital platform company for property trade in Indonesia, the transaction includes complex and major acquisition process, especially during the preparation, finalization of transaction documents and negotiation among cross-jurisdiction parties involved in the transaction (2021).
• Assisted a Tech-Based Money Transfer Company (licensed under Bank Indonesia), in receiving Pre-Series A, B and B+ funding from reputable investors. Windri advised transaction scheme from Indonesian legal perspective, preparing and finalizing shares subscription agreement, shareholders agreement, loan convertible notes and others documents as relevant to the transaction) as well as attending negotiation with investors (and their counsel) (2020-2021).
• Counsel to a foreign investment company against one of big oil company in Indonesia for a USD 41,306,294 claim before Badan Arbitrase Nasional Indonesia (BANI) (2018-2019);
• Strategic counsel in USD 52 million litigation case at the Central Jakarta District Court (2016-2017).
• Assisting the transfer and delivery of shares of a company to the Government of the Republic of Indonesia (2017).
• Counsel to an Indonesian publicly listed company for an IDR 75.795.008.448 dispute under ICC Arbitration Rules (2013).
• Counsel to an Indonesian State Owned Enterprise for a USD 17,298,834.57 FIDIC Red Book construction dispute under ICC Arbitration Rules (2012).
• Counsel to the Government of the Republic of Indonesia in a divestment of shares arbitration case against PT Newmont Nusa Tenggara in an Ad-hoc arbitration under UNCITRAL Rules (2008).

   

Sylvia Marisa Mauren

Sylvia Marisa Mauren is the founding partner of HMM Attorneys specializing in banking and finance and insurance. She is a law graduate of Universitas Indonesia.

In 2012, she received a full scholarship from International Development Law Organization (IDLO) to attend the Advanced Course on Procurement in Rome. In 2013 she was invited to speak in the International Boundary Disputes & Unitisation in E&P, held in Bangkok. Sylvia is also active in Indonesian Advocate Association (Perhimpunan Advokat Indonesia/PERADI) and Indonesian Bar Association (Asosiasi Advokat Indonesia/AAI).

Sylvia has assisted various clients in acquisition transactions, foreign and domestic investments, insurance matters, as well as corporate financing. Sylvia is qualified and licensed to act as legal counsel before the Indonesian courts.

Practice Area : Banking and finance, insurance, mergers and acquisitions, general corporate, environment, energy and natural resources.

Email : mauren@hmmattorneys.id

Example of Sylvia’s representations :

• Assisting a financing project worth US$465,000,000 for the acquisition of an Indonesian limited liability company having core business in the field of mining supporting services.
• Representing major Swiss-based hotel management company on acquisition process of a hotel and resort in Nusa Dua, Bali.
• Representing one of Indonesia’s largest State-owned mining company in an arbitration under Singapore International Arbitration Centre Rules.
• Assisting on a project of a foreign shipping company in setting up an Indonesian company to engage in shipping business and for a financing project obtained from a major bank in Singapore
• Representing one of Indonesia’s leading food and beverage company in a dispute settlement in Singapore International Arbitration Center and assisting them in their general corporate matters (licenses, share transfers, etc).
• Representing a leading multinational bank as the lender in a loan transaction to a Singaporean entity and advising it with respect to the Indonesian security documents.
• Acting as local counsel to a leading multinational trading company based in Japan in taking over a global food producer in a deal worth USD1,700,000,000 (one billion seven hundred million United States Dollars).
• Advising a leading Japanese Bank in Jakarta in various legal matters, including assets purchase, execution of collaterals and claims of a deceased customer.
• Assisting a leading Taiwanese tire manufacturer in establishing a tire manufacture with an investment worth of US$ 100,000,000, as well as the acquisition of land and building to be used as factory.
• Assisting a leading Indonesian hydro power plant company in acquiring hydro power plants located in Sumatera.

Desi Rutvikasari

Desi Rutvikasari joined Harvardy, Marieta & Mauren (HMM Attorneys) in March 2022. Prior to signing up as partner with HMM Attorneys, the seasoned dispute resolution lawyer worked for an Indonesian leading law firm for over a decade, before briefly joining an Indonesian prominent listed shipping company as legal and insurance manager.

Ms. Rutvikasari specializes in commercial dispute resolution, including litigation, arbitration, and alternative dispute resolutions in the field of maritime law, construction law, oil and gas services as well as employment matters. She also represents clients in restructuring and bankruptcy proceedings. Occasionally, Ms.  Rutvikasari represents clients in commercial and shipping related criminal proceedings.

The wide range of experience instilled in her the passion for details and tenacity that characterize her professional approach.

Ms. Rutvikasari earned her law degree from Universitas Indonesia, majoring in Transnational Law in 2008. In 2012, she was awarded a Chevening Scholarship by the UK government to pursue her master’s degree in Maritime Law at Southampton University. She completed her LL.M program with Merit the next year.

In arbitration, Ms. Rutvikasari had represented clients in proceedings under the Rules of Indonesian National Board of Arbitration (BANI), Indonesian Capital Market Arbitration Body (BAPMI), International Chambers of Commerce (ICC), UNCITRAL, and Singapore International Centre (SIAC).  She also assisted clients in enforcement of domestic and international arbitration awards in Indonesia. Ms. Rutvikasari was part of the winning team in a high-profile construction dispute arising out of a FIDIC contract involving a state-owned company under the ICC Rules.

In maritime law, Ms. Rutvikasari had represented clients in matters pertaining to cargo claims, marine insurance, collision, salvage, seafarer agreement, charter parties, maritime lien, marine pollution and cargo contamination issues. She had also led acquisition project of foreign investment shipping company. * In construction field, she had advised clients on legal issues pertaining to FIDIC Standard Form Contracts.

On occasion, she also advises clients on family law such as child custody and probate matters.

Ms. Rutvikasari is qualified to practice and appear before Indonesian courts. She is also a member of Chartered Institute of Arbitrators.

Email : rutvikasari@hmmattorneys.id

Writings**:

• Chambers Global Practice Guides: International Arbitration, with Mr. Emir Nurmansyah, Mr. Theodoor Bakker and Ms. Ulyarta Naibaho, edited by Gary Born and Wilmer Cutler Pickering Hale & Dorr LLP, published by Chambers and Partners, 2020
• Getting the Deal Through – Shipping, with Mr. Sahat A.M. Siahaan and Mr. Ridzky Firmansyah Amin, edited by Kevin Cooper, published by Law Business Research, Ltd., 2016, 2017 and 2018
• The Shipping Law Review, with Mr. Sahat A.M Siahaan, et.al., edited by James Gosling and Tessa Huzarski, published by Law Business Research, Ltd., 2015

Matter Highlights *:
Maritime Law
Representing a Europe-based shipowner in a tort claim arising out of a vessel collision before East Jakarta District Court (2021)
Successfully defended a national shipowner in a subrogated tort claim filed by an insurance company in connection with a vessel collision before North Jakarta District Court (2020)
Counsel to a foreign investment company as a claimant in an arbitration under UNCITRAL Arbitration Rules of 1976 for a dispute arising out of a cooperation agreement concerning terminal operation (2016)

Construction
Counsel to a national construction services company in a dispute with its employer arising from a construction contract before Badan Arbitrase Nasional Indonesia (BANI) (2018)
Counsel to a multinational company in a dispute arising out of FIDIC Red Book Contract under the Rules of Badan Arbitrase Nasional Indonesia (BANI) (2014-2016)
Counsel to Indonesian state-owned company in a construction dispute under FIDIC Standard Contract against an Indonesian consortium under ICC Arbitration Rules with Singapore as the place of arbitration (2009 – 2015)

Oil and Gas Services Sector
Assisting Counsel to a foreign investor in a dispute with its Indonesian joint venture partner arising from cooperation agreement in an arbitration proceeding under ICC Rules, with Singapore as the seat of the arbitration (2016-2020)

Restructuring
Counsel to foreign creditors in the proceedings of Suspension of Payment of Debt (Penundaan Kewajiban Pembayaran Utang) of PT Garuda Indonesia, Tbk. (2021)
Counsel to foreign creditors in the proceedings of Suspension of Payment of Debt (Penundaan Kewajiban Pembayaran Utang) of PT Bumi Resources Tbk. (2016)

  *Matters handled prior to joining HMM Attorneys ** Co-written prior to joining HMM Attorneys

Ali Suryadharma

Ali Suryadharma is a partner of HMM Attorneys and the leading partner of the firm’s energy, mining, and plantation (“EMP”) practices. Ali focuses on a wide variety of corporate laws, the EMP projects, private equity transactions and strategic cooperation, debt restructuring and commercial litigation. He has more than 15 years of experience in advising national and multinational corporations as well as state-owned enterprises in cross-border or tailor-made transactions focusing on energy, commodity, mining, and plantation. Since 2009, he also experienced in advising and representing companies in their litigation acts.

Ali Suryadharma is previously the Of-counsel of HMM Attorneys since 2017, and a licensed advocate who speaks English fluently. He is admitted to practice law in Indonesia.

Email : asuryadharma@hmmattorneys.id

Ali’s current or recent notable experience includes representing:

• A reputable mineral and metal mining company in debt restructuring having valuation of more than US$100,000,000
• One of Indonesian largest group of companies engaging in the business of mining services and infrastructures for restructuring their integrated mining services to a group of coal mining companies in South Kalimantan with a value of more than US$150,000,000.
• One of Indonesian largest national company engaging in the business of Hydroelectric Power Plant in the acquisition of various scales of Hydro Power Plant.
• South Korean’s multi-national company in the acquisition of shares of a holding mining company from one of Indonesian conglomerate group of companies.
• One of Indonesian largest plantation company and its controlling shareholders, in structuring and finalizing a USD 250 million overseas investment.
• A reputable Indonesian third generation CCoW company in restructuring their coal production cooperation with existing contractors in the transaction’s amount of approximately US$300 million with regard to and in compliance with the enactment of the new mining regime under Law No. 4 of 2009 regarding Mineral and Coal Mining.
• A state-owned enterprise engaging in the business of electricity producer and supplier (and its subsidiary) with regard to securing coal supply for fueling new Independent Power Plant and expansion of existing Independent Power Plants in South Sumatera, Indonesia.
• A state-owned enterprise engaging in the business of cement manufactures with respect to the establishment of a cement manufacturing facility in Aceh, Indonesia.
• One of Indonesian largest group of companies engaging in the retail business for defending their legal stance against various third party illegal acts’. Most of the civil cases have been won in civil court or through settlement, and a few are pending for court judgement.
• One of Indonesian largest group of mining companies with regard to seeking compensation in court because of the illegal action of a shareholder and the company’s counterpart deriving from transactions. The case has been won in the first stage of court and pending of judgement in the high court of Jakarta.
• A leading radar system manufacturer company in a legal dispute at the District Court of Jakarta Pusat (acting as a defendant) against an approximately US$10 million claim by its Indonesian partner.  The case was won in the first level of court until the Superme Court in Indonesia. The case is closed.