Jesconiah Siahaan

Lawyers

 

 

Jesconiah , or Jesco as he is better known, joined AHP in September 2010. He holds a bachelor of law degree from the University of Indonesia and Master of Law Degree (LL.M) in International Economic and Business Law from the University of Groningen in the Netherlands.

Fluent in Indonesian and English, Jesco is now a mid-level associate in AHP's Dispute Resolution Department, where provide legal advice and assistance on a variety of contentious legal issues, particularly commercial disputes related to general civil law, banking, corporate, aviation, property and criminal law.

Credentials:
Since joining AHP, Jesco has worked on the following contentious and non-contentious matters:

 

Credentials

  • Successful defence of PT Lotte Chemical Titan Nusantara in the District Court against an action for breach of contract by a security services company. The decision was not appealed by the plaintiff.
  • Successful defence of PT Coca-Cola Bottling Indonesia (CCBI) in a criminal investigation process by the West Java Provincial Prosecutor's Office for the allegation of crime which causes losses to the state. A decree to halt the investigation of the case (surat perintah penghentian penyidikan) was later issued by the Prosecution Service on account of the fact that there is no criminal intention.
  • Advised PT Airfast Indonesia as regards the legal implications of a helicopter crash in March 2012.
  • Advised PT Angkasa Pura II as regards the legal implications of an air accident involving an aircraft operated by Sriwijaya Air at Supadio Airport, Pontianak, West Kalimantan Indonesia, on 1 June 2012.
  • Successful representation of the shareholders of a company in petitioning the court for leave to convene an extraordinary general meeting.
  • Successful defence of PT Coca-Cola Bottling Indonesia (CCBI) and one of its executives in the District Court, High Court and Supreme Court against charges that they had caused pollution and extracted water without a license. In fact, the extraction license was in process of renewal at the time when the charges were laid.
  • Successful representation of the winners of Indonesia's 2014 Presidential Election, President Joko Widodo and Vice President Jusuf Kalla, against an action by opposition parties in the Central Jakarta District Court challenging the results of the Presidential Election on the ground that the General Elections Commission had prematurely opened ballot boxes in many constituencies. We argued that the District Court had no jurisdiction to hear the case, as under the electoral legislation all electoral disputes should be heard by the Constitutional Court. The judicial panel accepted our arguments and threw out the case. The plaintiffs did not exercise their right to appeal to the Constitutional Court.
  • Successful defence of Garmin USA Inc, a US-based air navigation technology company, as Third Defendant in a civil action filed by the heirs of 4 (four) deceased passengers of the Mimika Air crash of 17 April 2009. The plaintiffs each claimed USD 150,000 in damages. The District Court found in Garmin's favor as the action had not been brought within 2 years and was thus statute-barred under the Aviation Act. The trial court's decision was upheld on appeal by the Jakarta High Court.
  • Advised Sukhoi Aircraft Company of Russia on behalf of Capital Group as regards the legal implications of the crash of a Sukhoi Superjet 100 aircraft into Mt. Salak in West Java on 9 May 2012.
  • Successful representation of Garuda Indonesia in the Supreme Court against a USD 2,175,000 defamation action brought by Hutomo Mandala Putra, the youngest son of former President Soeharto.
  • Successful representation of the Association of Indonesian Cellular Operators in its Rp 56,000,000,000 dispute with the Indonesian Telecommunications Center Operators Association over airtime charges.
  • Successful representation of 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 Indosat's fiber optic cables.
  • Represented the Hongkong and Shanghai Banking Corporation (HSBC), Jakarta Branch, in an appeal to the Supreme Court against a lower-court decision in favor of PT Toba Surimi Industries. The case was related to losses on derivative products sold by the bank, which losses were precipitated by the 2008 global financial crash. The parties eventually agreed to an amicable settlement.

 

AREAS OF PRACTICE

  • Pic Mgmt

    Capital Markets

    As a full-service firm, we do a broad range of transactions covering the entire spectrum. Many are high profile and cement our position as a top-tier firm, including global equity offerings in reliance on Reg. S/Rule 144A, private placements, rights issues and other share-related offerings, such as convertible and exchangeable bonds. We also frequently advise on foreign offerings by issuers having significant interests in Indonesia, bond issuances under global offering rules, mergers, acquisitions, combinations of acquisitions and IPOs, consent solicitations and exchange offers of debt instruments listed on the Indonesia Stock Exchange or offshore. more »

  • Pic Mgmt

    Banking & Finance

    We are a leading force in the Indonesian banking & finance sector, advising on all manner of structured financing transactions, from simple secured or unsecured bilateral lending to multifaceted and complex credit facilities. We handle syndicated, club and bilateral loan documentation; project finance; property finance; acquisition finance; securitization and structured finance; regulatory and compliance issues; banking documentation and legal due diligence reporting. more »

  • Pic Mgmt

    General Corporate/M&A

    Our General Corporate/M&A practice provides advice on corporate governance, compliance, negotiating and drafting agreements, transaction structure, management and succession, legal due diligence reporting, formation of new entities, preparation of internal corporate documents and approvals, and completion of regulatory filings. With a wealth of experience amassed over the years in a wide variety of industries, we are strategically placed to provide you with everything you need to satisfy your corporate or M&A needs. more »

  • Pic Mgmt

    Debt & Corporate Restructuring

    We offer a full range of services in the debt & corporate restructuring arena, including advice on capital reduction, recapitalization and rescue schemes, financial sector takeovers, global asset recovery measures, mergers, creation of new entities, compromise schemes, demergers, buyouts, preparing documents and agreements, and ensuring statutory and regulatory compliance. As an AHP client, you will benefit from the unparalleled expertise gained by many of our senior lawyers as advisors or counsel to the Indonesian Bank Restructuring Agency (IBRA), which restored the country’s banking sector to health in the wake of the Asian financial crisis of 1997/98. more »

  • Pic Mgmt

    Foreign Direct Investment

    As an Indonesian law firm, we are obviously very much at home in our own jurisdiction, and so are able to make you feel at home as well. We know how things work in Indonesia, and have excellent relations with all the relevant government and regulatory agencies. We advise on the establishment of foreign investment companies, permanent business establishments, subsidiaries and joint ventures under the Indonesian FDI regime, merger & acquisition issues, foreign ownership caps, manpower issues, regulatory and environmental compliance, land acquisition, taxation matters -- in fact, everything you will need to get your venture off the ground and to keep it running smoothly throughout the investment lifecycle. more »

  • Pic Mgmt

    Competition Law

    We are widely recognized as being at the forefront of competition law in Indonesia, a rapidly developing field in which we have been instrumental in securing a number of ground-breaking judicial precedents in recent years. We consistently focus on the practicality and commerciality aspects, and combine legal expertise with in-depth experience across a wide range of industries so as to support the achievement of your strategic goals. more »

  • Pic Mgmt

    Dispute Resolution

    AHP has a very strong litigation team made up of one partner and 15 associates, all of whom are licensed advocates. We regularly represent clients in tort, contract, employment, internal corporate fraud, real estate, trademark and intellectual property disputes, to name but a few, with our primary focus being on commercial disputes. In the arbitration field, we have developed a formidable reputation for expertise and successful outcomes with the result that AHP advocates regularly appear before the Indonesian National Arbitration Board (BANI), as well as overseas arbitration bodies, such as the Singapore International Arbitration Centre. more »

  • Pic Mgmt

    Energy, Oil and Gas

    Our Energy, Oil and Gas practice provides top-quality legal advice and transactional support to domestic and international companies operating in the oil and gas, geothermal and renewable energy sectors. As a relatively compact firm, we are able to offer advice across the entire range of practice areas, thereby allowing us to deliver outstanding legal and commercial results for our clients in a practical and cost effective way. more »

  • Pic Mgmt

    Projects & Natural Resources

    As an Indonesian law firm, we know our country, our regulatory environment and our governmental system. Armed with this knowledge, we have garnered a wealth of experience down the years guiding both domestic and international companies through areas that are often fraught with competing interests and controversy. This experience provides us with the expertise and breadth of vision needed to ensure successful outcomes for your business objectives. In doing so, we offer a comprehensive suite of services, all of which dovetail seamlessly one with the other so as to provide holistic solutions to all your legal needs. more »

  • Pic Mgmt

    Telecommunications & Media

    Indonesia has seen exponential growth over the last decade in both the telecommunications and media sectors -- both areas in which AHP is in the vanguard of legal development. Besides having a professional interest in the two sectors, all of our lawyers in the T&M practice share a genuine passion for what they do and are therefore able to offer a combination of solid technical legal knowhow and an excellent understanding of the industries, the technical aspects, the principal factors at work, and the key players in Indonesia. more »

  • Pic Mgmt

    Real Property

    We offer a full range of real property services, including assisting with purchase and sale agreements, leasing agreements, title searches and registrations, conveyancing, and real property dispositions and bequests,.We also provide effective and reliable advice on the complex rules governing property ownership by non-nationals in Indonesia, an area of the law that is set for liberalization in the near future. more »

  • Pic Mgmt

    Intellectual Property

    Our IP practice offers trademark, copyright, patent and design searches and registration, and regularly mounts successful challenges on behalf of clients against decisions of the trademark authorities. Our IP associates are all members of key associations and are frequently engaged to speak at international events as recognized leaders in the field. Combing cutting-edge expertise and a high level of commercial acumen, we take pride in our results and a high level of customer satisfaction, and do our utmost to help ensure the protection of your rights and your peace of mind. more »

  • Pic Mgmt

    Islamic Finance

    At AHP, we understand Islamic finance and have been in the vanguard of the sector’s rapid expansion and development in Indonesia. With an in-depth understanding of the religious and conventional legal principles that underpin the Shariah sector, we believe we are uniquely well-positioned to offer expert and innovative advice on how to conduct any transaction in a Shariah-compliant manner, and to provide the kind of end-to-end solutions that you need. more »

  • Pic Mgmt

    Shipping & Aviation

    As an archipelagic nation, the shipping and aviation industries are of the utmost importance to the Indonesian economy. To accommodate the needs of ship owners, charterers, and marine insurers, we provide advice on all aspects of shipping law, including ship finance & security, sale and purchase, disputes arising out of charter parties, bills of lading, insurance, and collisions, and all other admiralty matters, while in the aviation sector, we assist with aircraft financing, sale and purchase, statutory obligations related to aviation, aviation safety and the aftermath of aviation accidents. more »

  • Pic Mgmt

    Labor Law

    We have a outstanding record in representing both individuals and corporations in employment matters, and in general advisory work on the complex rules governing the employment of expatriates in Indonesia. On the litigation front, we are frequently called upon to advise in cases involving internal fraud and embezzlement, and on the remedies available to employers. We also offer expert advice on employee compensation and incentive schemes (stock options, benefits, allowances), the employment implications of mergers, acquisitions and amalgamations, and the rights and benefits available to employees upon termination. more »

Assegaf Hamzah & Partners