Eri Hertiawan
Even before joining Assegaf Hamzah & Partners as litigation partner in 2008, Eri was already one of country’s most highly respected advocates, having come up quickly through the ranks to make partner at another premier Jakarta law firm. Prior to that, he served as corporate legal manager with one of Indonesia’s largest diversified business groups.
Renowned for his charisma, devotion to hard work and skill as an advocate, it is thanks to Eri that AHP has built up what is arguably the foremost competition law / antitrust practice in the country. Among recent successes notched up by Eri and his team of advocates is the decision of the District Court to overturn the Business Competition Supervisory Commission (KPPU)’s ruling that national flag carrier Garuda had been part of an airline cartel established to maintain fuel surcharges. Eri also successfully defended cement producer PT Holcim Indonesia Tbk, a subsidiary of the largest cement producer in the world, against charges before the Business Competition Supervisory Commission (KPPU) that it was part of a price-fixing conspiracy with other cement producers. In addition, he successfully represented state airports operator PT Angkasa Pura against charges by the Competition Supervisory Commission (KPPU) that it operated a monopoly in its warehousing division. The District Court initially held in favor of the KPPU but this was overturned by the Supreme Court in one of its rare rulings against the competition authority.
Eri is also well-known for his expertise and learning in the arbitration arena, and is frequently called upon to appear before the Indonesian National Arbitration Board (BANI) and other alternative resolution bodies.
As an all-round litigator, Eri makes regularly appearances in high-profile tort, corporate / banking and criminal cases, including a recent case that saw a former technical director of PT Pupuk Kalimantan Timur (Bontang) being acquitted of corruption charges. The prosecution is now appealing the case to the Supreme Court.
Eri is also currently representing HSBC, Jakarta Branch, in an appeal to the Supreme Court on the liability of banks for customer losses arising from the sale of complex derivatives products that failed in the wake of the 2008 global financial collapse (ongoing), and telecommunications operator PT Indosat Tbk in relation to a tort claim against state-owned gas company PT Perusahaan Gas Negara arising out of damage to fiber optic cables. The Indosat case is currently being heard by the West Jakarta District Court, and involves important questions of liability on the part of public utilities.
Eri graduated with a bachelor of law degree, majoring in civil law, from Parahyangan Catholic University, Bandung, in 1992, and in 2005 was awarded a master of laws degree by the University Of Queensland, Brisbane, Australia. He holds an advocate's professional training certificate from the Indonesian Bar Association (Peradi), and is a prominent and active member of the association.
Fluent in both Indonesian and English, Eri is a regular speaker at legal and other forums, seminars, and workshops, and also makes occasional appearances on TV talk shows. A published author, he was selected as one of the contributors to the chapter on Indonesia in the seminal reference work, ASEAN Competition Law, published by Rajah & Tann LLP, Singapore, and LexisNexis in 2011. Further international recognition of Eri’s talents is provided by the 2011 edition of AsiaLaw Profiles, which recommends him for both litigation and arbitration work.
