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Asep Ridwan

Partner

Practice Area:

Commercial Litigation
Competition & Antitrust and Trade
Employment & Benefits

LL.B., Diponegoro University (2003)
LL.M., University of Indonesia (2008)
Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)

T +62 21 2555 7800
E asep.ridwan@ahp.id

Asep is a seasoned commercial litigator whose diverse practice focuses on competition, employment and bankruptcy matters, the areas of the law where he has specialised in since commencing his professional career in 2004.

Among the major competition law cases in which Asep has played a leading role are the Indonesian Competition Commission (KPPU)'s actions against various large companies, including Singapore Technologies Telemedia over allegation of cross-ownership in the telecommunications sector, PT Carrefour Indonesia over allegation of abuse of dominant market position, PT Telekomunikasi Selular Indonesia over allegation of a cartel to fix text-message charges, and PT Pfizer Indonesia and PT Salim Ivomas Pratama over allegation of a cartel in the pharmaceutical and cooking oil industries. He has also handled a number of merger and acquisition notifications to KPPU in relation to competition issues, in addition to conducting due diligence on commercial arrangements and activities of clients and providing advice or memorandum on distribution arrangement, joint venture agreement and other commercial arrangements, both from an Indonesian Competition Law perspective.

Asep has also worked on a ground-breaking class action in the telecommunications sector, which involved a claim against a number of telecommunications companies based on KPPU's finding that these companies had breached their obligations under the Indonesian Consumer Protection Act.

In the employment arena, companies of all sizes turn to Asep for assistance with a variety of labour and employment matters. Asep has represented employers and executives in litigations in the Indonesian district courts as well as the Industrial Relations Court, in various matters including a tort action related to allegation of appropriation of employees and dispute with employees over working hours.

Asep is also regularly invited to speak at trainings and conferences on competition law, consumer protection, bankruptcy and suspension of payment, as well as corruption issues.

Experience
Engineering Procurement Construction
  • Represented PT Geo Dipa Energi (Persero) in a dispute against another party before the Indonesian National Arbitration Board (BANI) in relation to a breach of contract under a project development contract in geothermal energy.
  • Assisted PT MRT Jakarta in relation to the implementation of contract for the construction of the Jakarta mass rapid transportation project
  • Assisted PT Krakatau Daya Listik in a potential dispute against another party relating to a contract agreement for engineering, procurement and construction.
  • Assisted PT Petrokimia Gresik in relation to a tender issue in an engineering, procurement, construction and commissioning (EPCC) project.
  • Assisted PT Bio Farma (Persero) in relation to a tender issue in an EPCC project.
Criminal Litigation
  • Assisted the manufacturing manager of PT Coca Cola Bottling Indonesia in a criminal proceeding in relation to an allegation of violation of the Indonesian Water Resources Law.
  • Assisted an employee of PT Holcim Indonesia Tbk., in a criminal proceeding in relation to a land dispute.
  • Assisted a client in a criminal proceeding involving allegation of murder in the West Jakarta District Court.
  • Assisted several clients in a criminal proceeding involving allegations of corruption before the Indonesian Office of Attorney General.
  • Assisted PT Panasonic Indonesia in submitting a police report to the Greater Jakarta Regional Police in relation to an allegation of embezzlement.
  • Assisted PT Carrefour Indonesia in relation to an allegation of fraud submitted by several customers to the Indonesian Police Headquarter.
  • Assisted PT Mapna Co in relation to an allegation of corruption before the Indonesian Office of Attorney General.
  • Assisted PT Pasifik Satelit Nusantara in relation to an investigation of corruption before the Indonesian Office of Attorney General.
Competition
  • Represented PT Goodyear Indonesia Tbk., before KPPU and an Indonesian court on allegation of cartel conduct in the tyre industry in Indonesia.
  • Represented Singapore Technologies Telemedia Pte. Ltd., STT Communications Ltd. and Asia Mobile Holdings Company Pte. Ltd. before KPPU and an Indonesian court on allegation of cross ownership in the telecommunications sector in Indonesia.
  • Represented PT Telekomunikasi Selular Indonesia before KPPU and an Indonesian court on allegation of cartel conduct in the telecommunications sector.
  • Represented PT Carrefour Indonesia before KPPU on allegation of abuse of dominant position in the modern retail industry.
  • Represented PT Salim Ivomas Pratama before KPPU and an Indonesian court on allegation of cartel conduct in the cooking oil industry.
  • Represented PT Pfizer Indonesia before KPPU and an Indonesian court on allegation of cartel conduct in the pharmaceutical industry.
  • Represented PT Gita Persada before KPPU and an Indonesian court on allegation of collusive tender on a government project.
  • Represented PT Bhineka Usada Raya before the District Court and the Supreme Court on allegation of collusive tendering in the pharmaceutical industry.
  • Assisted PT Elang Mahkota Teknologi Tbk., in submitting a merger notification to KPPU in relation to the acquisition of PT Indosiar Karya Media Tbk.
  • Assisted PT Sumber Alfaria Trijaya, Tbk., in submitting a merger consultation to KPPU in relation to the acquisition of PT Midi Utama Indonesia Tbk.
  • Assisted Gallant Venture Ltd. in submitting a merger notification to KPPU in relation to the acquisition of PT Indomobil Sukses Internasional Tbk.
Civil Litigation
  • Represented PT Indosat Tbk., against Asosiasi Pengusaha Wartel Indonesia (APWI) before the District Court and the High Court on telecommunications issues.
  • Represented PT CCIC Jakarta against PT Indonesia Coal Resources before the District Court in relation to the certificate of analysis of coal in the mining industry.
  • Represented PT Inda Multi Media against Hutomo Mandala Putra before the Supreme Court in relation to a defamation issue.
  • Represented B.V. Pabema S.E.A. in submitting a petition to conduct an extraordinary general meeting of shareholders of PT Anpa International to the District Court.
  • Represented PT Garuda Indonesia (Persero) Tbk., against PT Komodo Adi Perkara Air Cargo before the Supreme Court in relation to a breach of contract.
  • Represented Bell Helicopter Textron Inc., against other parties before the Central Jakarta District Court on a tort issue.
  • Represented Vietnam Airlines Corporation against PT Metro Batavia before the District Court on a tort issue.
  • Represented Singapore Technologies Telemedia Pte. Ltd. and STI Communications Ltd. against customers who submitted a class action lawsuit before the District Court.
  • Represented Actaris Zaehler GmbH and Actaris ZSO GmbH before the High Court and the Supreme Court with regards to a tort issue.
  • Represented British American Tobacco Indonesia (now known as PT Bentoel Internasional Investama Tbk.) before the District Court and the High Court with regards to a breach of contract.
  • Represented Penspen Ltd., PT Petrotechindo Utama and PT Enerkon before the District Court and the High Court on a tort issue.
  • Represented PT Exxonmobil Indonesia against other parties before the District Court related to a land dispute.
  • Represented PT Trimas Mulia against a customer who submitted a bankruptcy petition before the Commercial Court.
  • Assisted several individuals involved in criminal proceedings at the District Court, the High Court and the Supreme Court.
Administrative Litigation
  • Represented PT Supreme Energy Rajabasa before the Administrative Court in relation to licensing for geothermal energy exploration.
  • Represented PT NYK Line Indonesia before the Administrative Court in relation to the renewal of a vessel license.
  • Represented PT Mapna Indonesia before the Administrative Court in relation to allegations of corruption.
  • Represented PT Holcim Indonesia Tbk., before the Administrative Court in relation to forestry licensing from the Indonesian government.
  • Represented Star Energy Geotermal (Wayang Windu) Ltd before the Administrative Court in submitting an administrative claim against the Director General of Budgeting of the Ministry of Finance.
  • Represented PT Mecoindo against the General Directorate of Law and Human Rights Department of the Republic of Indonesia at the State Administrative High Court.
Arbitration Proceeding
  • Represented Mining Resources Pte. Ltd. against other parties before BANI in relation to a dispute over the results of a coal survey analysis.
  • Represented PT Petronas Niaga Indonesia against another party before BANI in relation to a land dispute.
  • Represented a party before BANI in relation to a dispute among shareholders of a company.
Memberships / Directorships
  • Chairman of the Indonesian Competition Lawyers Association (ICLA)