Jesconiah Siahaan

Jesconiah Siahaan

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.

 

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