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Rando Purba

rando

Rando Purba is a Partner of the Dispute Resolution Practice Group at Lubis Santosa & Maramis. He graduated from the Faculty of Law of University of Indonesia as the best graduate and valedictorian. Prior to joining Lubis, Santosa & Maramis, he served as a senior lawyer at Ignatius Andy Law Offices. He is well seasoned in a wide range of practice areas, including domestic/international and complex civil and commercial proceedings, bankruptcy and suspension of payment, business competition, domestic and international arbitration, administrative proceedings, employment, maritime, insurance, criminal, tax, and various alternative dispute resolutions as well as general corporate matters. His experience is summarized below: 

Civil, Criminal, Employment and Administrative Proceedings
  • Representing Equanimity (Cayman) Ltd., in the course of pre-trial proceedings at an Indonesian court with respect to the confiscation of the luxury yacht M/Y Equanimity on the basis of a joint investigation of Indonesian National Police and the Federal Bureau of Investigation (FBI) as well as the U.S. Department of Justice in which the Ship was allegedly related to the infamous 1MDB case.
  • Representing Bank JTrust Indonesia, J Trust Co. Ltd. and J Trust Investment Indonesia as defendants in a civil lawsuit at the Central Jakarta District Court in respect of a major corporate action involving Bank Century in which the plaintiff sought compensation of more than IDR 1 trillion.
  • Representing Bank JTrust Indonesia in a civil lawsuit brought by Group Lease Finance Indonesia in credit facility agreement-related disputes
  • Representing Berau Coal Energy (BCE) as claimant in a civil lawsuit against one of its shareholders at an Indonesian court in respect of the shareholder’s obligation to pay income tax as a result of BCE’s initial public offering.
  • Representing Berau Coal as the defendant in a civil lawsuit brought by one of its former directors with an Indonesian court in contract of work-related disputes.
  • Representing Cargill Group in a civil dispute in respect to illegal trespassing at a palm oil plantation.
  • Representing Newmont Nusa Tenggara in the course of a citizen lawsuit proceedings filed by representatives of the citizens of West Nusa Tenggara province in relation to the divestment of shares, in which the government of Indonesia was involved as the main defendant.
  • Assisting an Indonesia-based multinational company in a civil lawsuit against one of its directors in respect of its directorship rights in the company.
  • Assisting a US-based firm in preparing 2 (two) affidavits served on a judicial proceedings administered at the U.S. District Court for the Central District of California.
  • Assisting a US-based firm in preparing affidavits on Indonesian civil law served on in a judicial proceedings involving Bell Helicopter Textron, Inc., et al. administered at the Texas District Court, Tarrant Country.
  • Representing a subsidiary of Thriveni Group in civil proceedings at the South Jakarta District Court in respect of coal transshipment.
  • Representing Telekomunikasi Selular in a tort suit filed by one of its customers with the Indonesian court with regard to the claims of tort and compensation.
  • Representing Transpac Capital and Transpac Industrial Holding in a civil lawsuit brought by its debtors at an Indonesian court aimed at nullifying a Singapore International Arbitration Center Award.
  • Assisting an Indonesian-based company engaged in oil and gas sector in a civil lawsuit filed by some local people in land ownership-related disputes.
  • Representing Essence Indonesia in a civil lawsuit regarding land dispute.
  • Advising one of the biggest Indonesian law firms in a dispute concerning professional liability against its former client, one of the most prominent American investment banks.
  • Assisting AirAsia in a civil claim filed by its customer with respect to cancellation of flight.
  • Assisting Pacific Harbor Advisor Pte. Ltd and Credit Suisse in a civil lawsuit regarding the validity of spousal consent, deed of personal guarantee and credit agreement.
  • Assisting Newmont Nusa Tenggara in an administrative court dispute in respect of the disposal of its tailing from the Batu Hijau mine to the sea being one of the world’s largest disposals, brought by several environmental NGOs against the Minister for Environment as the main the defendant and Newmont Nusa Tenggara as the intervening party.
  • Representing ConocoPhillips Grissik Ltd., in administrative proceedings aimed at nullifying BPH Migas Decrees in respect of the increase of gas transportation tariffs based on Access Arrangement Agreement.
  • Assisting the government of Indonesia in administrative proceedings against an organization in respect of revocation of the organization’s legal entity status.
  • Assisting Trafigura Pte. Ltd., in a hypothecation foreclosure at the Central Jakarta District Court.
  • Assisting clients during the course of investigations in respect of various legal issues among others: Agincourt Resources, Jakarta Tank Terminal, Indonesia Nippon Steel, Kayong Agro Lestari (Austindo Group’s subsidiary), Carefour Indonesia, Kaltim Supacoal and Thyssenkrupp’s affiliated company.

Domestic and International Arbitrations

  • Assisting Eli Lilly Export SA, a subsidiary of Eli Lilly and Company in a distribution agreement-related dispute against PT Tempo Scan, Tbk. administered at the Singapore International Arbitration Centre and the High Court of the Republic of Singapore.
  • Assisting an Indonesia-based major company in an international arbitration at the International Chamber of Commerce (ICC) seated in Singapore against a wholly-owned subsidiary of a Hong Kong-based multinational company in shareholder agreement and land lease agreement-related disputes in respect of an oil storage construction project worth USD841 million.
  • Assisting an Indonesia-based major company in an international arbitration administered at the Singapore International Arbitration Centre against a Germany-based multinational company in shareholder agreement-related disputes in respect to exploration, exploitation, drilling and conversion of geothermal energy into electricity on which the Indonesian national electricity company serving as purchaser.
  • Assisting an Australia-based company in an international arbitration proceedings seated in Singapore.
  • Assisting a Hong Kong-based firm in preparing affidavits served on an international judicial proceedings administered at the High Court of Hong Kong in a case between Astro group companies, et al. v. First Media, et al., in connection with Indonesian arbitration law-related issues.
  • Representing Joint Operation Body (JOB) Pertamina-Medco E&P Tomori Sulawesi established by Pertamina Hulu Energi, Medco E&P Tomori Indonesia and Tomori E&P Limited based on a production-sharing contract in arbitration proceedings with regard to drilling project at Tiaka field, Block Toili, Central Sulawesi.
  • Representing ODG Indonesia in arbitration proceedings with regard to the supply and installation of mechanical, electrical plumbing work using FIDIC Red Book First Edition 1999 at Lentera Egron #5, Karawang, Jawa Barat owned by Nestle Indonesia.
  • Representing and assisting Newmont Indonesia Limited and NVL (USA) Limited in the enforcement of a SIAC Award at the Central Jakarta District Court.
  • Representing and assisting PT Berau Coal Energy, Tbk. in the enforcement of a SIAC Award at the Central Jakarta District Court.
  • Representing and assisting Transpac Capital Pte. Ltd., in enforcing a SIAC Award at the Central Jakarta District Court.
  • Representing and assisting Transpac Capital Pte. Ltd and Transpac Capital Holding Pte. Ltd., in the course of enforcing a SIAC Award at the Central Jakarta District Court.
  • Accompanying Prof. Todung Mulya Lubis in his capacity as a member of tribunal in a SIAC proceedings seated in Singapore.

Anti-Trust

  • Representing PT Astra Graphia, Tbk., in judicial proceedings against the allegation of tender conspiracy in the electronic citizen identity card (e-KTP) project.
  • Representing a Salim Group subsidiary in judicial proceedings against the allegation of oligopoly, price fixing and cartel in palm cooking oil industry.
  • Assisting STT Communication Ltd. and Asia Mobile Holding Company Pte. Ltd., in judicial proceedings against the allegation of violation of cross-holding share ownership with regard to the share ownership in PT Indosat Tbk. and PT Telekomunikasi Selular.
  • Representing and assisting Pfizer Indonesia in judicial proceedings against the allegation of price fixing, cartel and abuse of dominant position with respect to the production and distribution of certain medicines.
  • Assisting Carrefour Indonesia in judicial proceedings against the allegation of monopoly and abuse of dominant position.
  • Assisting Telekomunikasi Selular in judicial proceedings against the allegation of price fixing.
  • Assisting Donggi-Senoro LNG, as related party in judicial proceedings against PT Pertamina (Persero), PT Medco Energy International, Tbk., PT Medco E&P Tomori Sulawesi and Mitsubishi Corporation in relation to allegations of conspiracy to obtain competitor's secret information and beauty contest matters.
  • Assisting some importers of garlic in judicial proceedings in respect of the garlic cartel-related case.
  • Assisting and advising PT Astra International, Tbk., Toyota Astra Motor, Toyota Astra Financial Services and Astra Sedaya Finance in a KPPU examination with respect to allegations of Article 15 of the Indonesian anti-trust law violations.
  • Assisting and advising PT Telekomunikasi Selular in allegation of Article 9 of the Indonesian anti-trust law violations.
  • Advising PT Astra Daihatsu Motor on some provisions of the Indonesian anti-trust law.
  • Advising Petrokimia Gresik in relation to tender issues in the supply of Amoniak Urea II Plan project.

Suspension of Payment and Bankruptcy

  • Representing Indigo Indonesia Investments, Indigo Partners LLC and Latham & Latham LLP in suspension of payment proceedings of PT Mandala Airlines.
  • Representing ST Aerospace Engines in bankruptcy proceedings of Batavia Air.
  • Representing Tennant Metals Pty. Ltd. in bankruptcy proceedings of Yinchenindo Mining Industry.
  • Representing Sakari Marine and Infrastructure Pte., Ltd., in suspension of payment proceedings of PT Indo Muro Kencana.
  • Assisting a Hong Kong-based firm in preparing affidavits served on an international judicial proceeding administered at the High Court of Hong Kong between Astro group companies, et al. v. First Media, et al. in connection with Indonesian bankruptcy and suspension of payment law-related issues.
  • Representing Cosco Shipping Lines Indonesia in light of the petition for suspension of payment proceedings against PT Elegenza Tile Indonesia.

Employment

  • Representing Newmont Nusa Tenggara in an industrial relations dispute with respect to termination of employment brought by some of its employees at the Industrial Relations Court of Mataram, Lombok.
  • Assisting Newmont Nusa Tenggara in an employment dispute associated with work rosters at the Batu Hijau mine against its labor unions involving around 3,000 workers) and the local manpower authority.
  • Representing Femina Group in manpower disputes against its employees.
  • Advising an Indonesia-based multinational company in respect of employment termination and severance payment.
  • Advising an aircraft manufacturer in its employments-related disputes.

Maritime, Insurance and Tax

  • Assisting and advising TMF Trust Limited in respect of the foreclosure of foreign mortgage in Indonesia involving MV “Megacore Honami.”
  • Co-counsel for an UK-based law firm in preparing affidavit in support of the claimants (i.e. TMF Trustee Limited, TMF Global Services (UK) Limited, Burlington Loan Management DAC and Bank of America, N.A., in a Megacore Honami-related disputes administered at the England and Wales Commercial Court.
  • Assisting and advising Ocean Line Holdings Limited in respect of some Indonesian maritime law issues involving MV “Ocean Harmony.”
  • Assisting and advising Fon Tai Shipping Co., Ltd and Inter Modal Cargo GmBH in the course of investigations undertaken by the Indonesian National Police and Indonesian Army which also involve some international admiralty law issues.
  • Assisting and advising P&I Club (The Shipowner’s Mutual Protection and Indemnity Association (Luxembourg) in respect of removal of the Star Centurion wreck.
  • Assisting and advising P&I Club (The Shipowner’s Mutual Protection and Indemnity Association (Luxembourg) in preparing bank and corporate guarantees governed by English law in respect of the vessels Manalagi Yasa and Manalagi Wanda.
  • Advising 10 (ten) insurers consortium led by AIG in a potential insurance dispute (Contractors All Risks) covering the Green Bay 2 Project.
  • Representing Garansindo, an Authorized General Distributor brand Chrysler, Jeep, Dodge, Alfa Romeo, FIAT, Zero Motorcycle and Italjet in Indonesia in respect of Luxury Goods Sales Tax issues.
  • Assisting Amcor Flexible Indonesia in preparing memorandum of appeal against a decree of the Directorate General of Customs and Excise in respect of import duty payment shortfall.
  • Advising Benchmark Group Pte. Ltd. in respect of transfer price issues.

Other Alternative Dispute Resolutions and General Corporate Matters

Rando has also played significant roles in advising clients in various alternative dispute resolution and general corporate matters such as Eli Lilly, Showa Denko, Zurich, Japan Radio, MaxPower Indonesia, Batam Sentralindo, GlaxoSmithKline Indonesia, Chevron Pacific Indonesia, Takaratomy, Astro, Toyota Tsusho, Avra International Pte. Ltd., Circles Teknologi Indonesia and Circles Asia Pte. Ltd., Citilink, Garuda Indonesia, MTU Indonesia, Crane Worldwide Logistics, Jasa Marga, Obayashi Corporation, Hong Kong Rui Yin Financial Holding Group Limited, Tokyo Power Technology (TPT), subsidiary of Tokyo Electric Power Company Holdings, Trafigura Pte. Ltd., Cardig Aero Services, PricewaterhouseCoopers, KLM Royal Dutch Airlines, MISC Berhad Pte. Ltd, Fokker Services B.V., Nusantara Regas, CocaCola.

Seminar / Tutoring

  • Speaking at a seminar on business competition law-related issues held by Toyota Astra Motor.
  • Speaking at a seminar on Indonesian anti-trust laws hosted by PT Indonesia Nippon Pipe Steel.
  • Speaking at a seminar on legal and practical aspects of enforcement of foreign arbitral awards in Indonesia held by Lubis, Santosa & Maramis Law Firm in cooperation with Singapore International Arbitration Centre and Resource Law LLC, the Singapore office of global law firm Reed Smith LLP.
  • Speaking at an in-house training concerning strategy of handling civil cases before Indonesian courts, hosted by the Ministry of Health of the Republic of Indonesia.
  • Speaking at a seminar concerning strategy of handling civil and criminal cases before the Indonesian courts, held by the Ministry of Agriculture of the Republic of Indonesia.
  • Speaking at a seminar held by Podomoro University in respect of arbitration law-related issues.
  • Serving as speaker and judge in numerous moot court competitions and training sessions hosted by the Faculty of Law of University of Indonesia.
  • Tutoring a number of law students of the Faculty of Law of University of Indonesia participating in various moot court competitions.
  • Participating in a large number of international seminars in respect of various legal issues and business sectors such as arbitration, bankruptcy and suspension of payment, restructuring, oil and gas, FIDIC contracts, construction, business competition, intellectual property rights, maritime, etc.

Publication in International Media

Aside from major local media such as the Jakarta Post and Tempo Magazine, his name and public statements have been cited by international media such as the Straits Times, Wall Street Journal, Malaysiakini, Free Malaysia Today, Asia One, the Star, the Edge, and Asian Chronicler, etc.

Qualifications

Rando Purba is a member of Indonesian Advocates Association (PERADI). He speaks Bahasa Indonesia and English

Association

Rando is the founder of Klinik Hukum Nusantara, a non-profit platform, through which underprivileged people have access to virtually free-of-charge legal services from professional lawyers, and is projected to be a start-up foundation providing virtually pro-bono services in the country.

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