Agnes Maria E. Wardhana

Agnes Maria E. Wardhana

Agnes became a member of Assegaf Hamzah & Partners in 2007, having commenced her legal career with another top-tier Jakarta law firm where she was principally involved in commercial litigation. Prior to that, she spent brief stints as a paralegal with the Indonesian Legal Aid Foundation and as an intern at the United Nations Information Centre in Jakarta.

Since joining AHP, Agnes has amassed a wealth of expertise in the general corporate, mergers and acquisitions, employment, litigation and dispute resolution areas. A practicing advocate, she now focuses primarily on commercial dispute resolution, land law, and competition / antitrust law. Among the high-profile competition cases she has worked on are the PT Garuda Indonesia vs. the Competition Supervisory Commission (KPPU) case, 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 the PT Holcim Indonesia vs. the KPPU case, where Agnes was a member of the team that successfully defended cement producer PT 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. She successfully defended PT Gita Persada in an antitrust case vs. the KPPU in 2010, on charges of collusion in a tender process.

On the compliance to the Indonesian antitrust law, Agnes has been representing major shares acquisition transactions notifications to the 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 has also been advising 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 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.

Agnes holds a bachelor of law degree from the University of Indonesia, where she majored in international law, and master’s degree from Leiden University where she majored in public international law. Agnes is a practicing advocate who holds an advocate’s professional training certificate from the Indonesian Bar Association (PERADI). Keen on the academic side of the law since her student days, she was one of the researchers and contributors to the chapter on Indonesia in the seminal reference work ASEAN Competition Law, published by Rajah & Tann LLP, Singapore, and LexisNexis in 2011.

Agnes is an active member of PERADI, and is passionately concerned about human rights and social issues. She is keen on learning new languages, and in addition to being a sworn translator for English-Bahasa Indonesia, she is currently taking intensive French course to spice up her language skills. In a similar vein, she devotes a considerable amount of her spare time to pro bono work.