Services

WHAT WE
OFFER

MKK provides a full range of corporate legal services geared to serving client needs in a challenging and dynamic legal environment.

MKK Partners

We remain at the forefront of new legal developments as additional areas of legal focus continue to emerge in the increasingly complex and sophisticated legal environment of Indonesia.

Our Services

Automotive

MKK assists numerous foreign and domestic investors in the automotive sector (manufacturing, distribution and ride sharing). We assist with all aspects of the regulatory environment from importing knocked down and partially knocked down vehicles to establishing new manufacturing factories. We advise clients in structuring or restructuring of established companies, M&A work and commercial contracts with other entities.

Aviation

MKK is renowned as Indonesia’s leading aviation advisory law firm. We provide legal advice and representation to mainly international lessors, banks and financiers in their leasing, financing and restructuring transactions with various Indonesian airlines.

Our lawyers represent clients in all forms of aircraft and engine leasing, financing and restructuring and repossession transactions. This includes, among others, operating leases, finance leases, sale and novation and securitizations.

We have a strong reputation in handling regulatory matters, advising on the de-registration of aircraft, acting for clients on the termination and replacement of existing lease agreements, lease renegotiations and deferrals, aircraft and engine repossession and also bankruptcy and suspension of payment of debt obligations involving Indonesian airlines.

Banking and Finance, Financial Services

MKK acts in all manner of lending and other debt financing transactions involving banks, non-bank lenders and borrowers in all of Indonesia's significant economic sectors. Over the decades, the firm has represented and advised most of the major international banks in the region, including multilateral development banks such as the IFC and the ADB, in a multitude of project finance and other lending transactions.

We guide clients through private capital–related products and structuring techniques. Our private capital clients include private equity funds, private debt funds, venture capital firms, sovereign wealth funds and pension funds worldwide.

MKK has for many years also represented international banks in their sovereign lending to the Republic of Indonesia. The firm has been active in the area of structured finance since advising on the first securitization of receivables transactions brought to market in Indonesia and has acted in a number of other securitization transactions involving a variety of financial assets.

We advise on the formation and licensing of banks, financial services companies, insurance companies, financing firms and other financial institutions. MKK acts for buyers and sellers of established banks and on all legal aspects of their on-going operations and regulatory compliance, including, but not limited to, foreign exchange flow, know your' customers and anti-money laundering.

Capital Markets

MKK has been active in Indonesia’s capital markets since 1976, beginning with representing the issuer in the first public offering in Indonesia. Since then, the firm has served as counsel to issuers, underwriters and investors in connection with all manner of stock and bond/debt-securities offerings in Indonesia as well as international and cross-border offerings, including IPO’s, secondary offerings, rights offerings, dual listing, private placement and bond/debt-securities offerings.

In addition to advising on public transactions, MKK advises domestic and foreign companies on all aspects of compliance with capital market regulations, including advice in connection with Indonesian public companies corporate governance matters and on specific corporate actions and transactions, such as go-private and delisting, M&A involving Indonesian publicly listed companies, the issuance of commercial paper, the creation of derivative securities and the use of employee stock option plans.

MKK also advises investors relating to the formation, structuring and regulatory compliance of investment funds such as hedge funds, private equity funds, infrastructure funds and mutual funds. In providing its services, MKK has a deep understanding of securities laws and regulations, corporate finance principles and market practices. Continuous monitoring of regulatory developments and industry trends is essential to provide effective legal advice in this dynamic and highly regulated field.

Competition Law

Our team is recognised for providing practical advice on complex competition and anti-monopoly issues in Indonesia. We advise on all aspects of competition law, including the impact of domestic or offshore mergers and acquisitions (including submitting Competition Authority notifications), potential misuse of market power and competition issues in commercial agreements. We work with exporters to Indonesia, Indonesian distributors and retailers regarding marketing, access issues and other general advisory work relating to competition law.

We frequently work with leading legal and economic advisers in other jurisdictions as part of multinational mergers and acquisitions from the perspective of competition law. We work alongside our clients to develop a deep understanding of our clients’ business and the industries that they work in. As a result, we can tailor our advice to our clients' specific commercial needs and assist them to achieve their goals.

Construction

We assist clients to meet the challenges, take advantage of the opportunities and anticipate the risks in construction before they arise. Our lawyers advise across all stages of a construction project and have in-depth experience gained from advising on major construction projects across multiple sectors including from an in-house basis.

Our work extends to dispute resolution, including supporting with mediation and arbitration. Our experience in various sectors such as mining and energy, power generation, roads and transport infrastructure, water resources and waste water and commercial buildings makes MKK your go-to firm for assistance in relation to construction.

Corporate and Mergers and Acquisitions

We are market leaders in corporate and M&A transactions in all major economic sectors. We provide advice and assistance to listed companies, private companies and state-owned entities regarding corporate regulatory matters, M&A transactions, asset transfers, joint ventures, restructuring, liquidation, corporate governance, regulatory compliance, corporate record keeping and reporting requirements, shareholders meetings and other corporate house-keeping matters.

We have multi-disciplinary expertise and market knowhow to advise and assist clients in all forms of M&A deals, and we frequently work with leading legal and financial advisers in other jurisdictions as part of cross-border and global M&A transactions.

We pride ourselves on being trusted advisors, guiding our clients through their significant and complex corporate and M&A legal issues by providing commercial and innovative solutions with our global insight and local expertise.

Data Protection and Privacy

Our specialist data privacy and data protection lawyers advise both Indonesian and foreign private sector organizations on the collection, use, transfer and disclosure of personal information in accordance with privacy laws. This includes assisting with regulatory compliance, training and preparing various forms and documentation needed to comply with privacy laws.

We also guide clients on their strategies around data governance and pursuing the opportunities that data use can create, while adhering to good data ethics. Where data breaches occur, we advise clients on how to mitigate losses to data subjects, comply with privacy laws and remedy the situation to ensure that no subsequent breaches occur.

Distribution, Trade and Consumer Protection

Marketing and distribution of products and services in Indonesia has long been heavily regulated, particularly with respect to foreign suppliers and investors. MKK has extensive experience in the retail and wholesale trade sectors and with the legal aspects of providing technical and professional services.

We advise clients on the regulatory aspects of export and import transactions and direct wholesale and retail distribution of goods and services as well as on franchising, licensing and other indirect distribution arrangements. The firm also advises on the often complex application of government procurement regulations in the oil and gas and other sectors. In an increasingly regulated and evolving marketplace, MKK advises clients on regulations governing other sectors such as consumer protection, environmental protection and other market protection legislation.

Employment and Labor Law

Our team works with clients to effectively manage all aspects of employment law, industrial relations, health and safety, privacy, disciplinary and restructuring and redundancy issues including termination. We have a strong appreciation of the needs of employers, and we aim to find commercial and innovative solutions to often complex employment issues.

Our approach is always to deescalate conflicts and resolve disputes without going to court if possible. Our dedicated employment team has broad capabilities and strengths. We advise medium to large corporate employers on their rights and responsibilities under Indonesian employment legislation. We provide employers with meaningful solutions on a variety of matters including collective bargaining issues, the terms of collective agreements and in terminating employees in a proper manner. Our experience during collective bargaining also includes advice regarding industrial action and with unionized workforces.

Environmental Law

MKK has an established reputation for achieving results-driven success on a variety of environmental matters. This involves working on environmental aspects of significant projects including mining, oil and gas, plantations, manufacturing, carbon capture and hazardous waste matters.

The team’s breadth of experience includes large scale infrastructure, commercial development, transport, water and energy.

FinTech

MKK advises clients from various industrial sectors in relation to the use of financial technology (fintech) in their business operations and facilitation of payments including e-money, e-wallet and payment gateways.

The firm also advises clients, both Indonesian and foreign, in the establishment and licensing of fintech companies engaged in payment systems including issuers, acquirors and payment gateways and in alternative financing such as peer-to-peer lending and crowdfunding.

Food, Beverage and Cosmetic Industries

We advise clients on all forms of investment, licensing and regulatory matters related to establishing new manufacturing and production facilities as well as the distribution of food, beverages and cosmetics.

Our lawyers regularly meet with regulators to understand their evolving views on the treatment of products in these industries. Our clients include luxury and consumer brands from throughout Europe, Asia and North America.

Foreign Investment

We work with foreign and domestic investors in developing and implementing investment strategies in virtually all major economic sectors.

We offer clients clear legal advice, strategic guidance and insight regarding market practice. Through our integrated and experience based understanding, we guide clients through the evolving landscape of investment and foreign ownership regulations in establishing companies and other entities permitted in Indonesia.

The firm also renders advice on alternatives to foreign direct investment, such as representative offices, joint operations and technical assistance arrangements. We advise on license, franchise, toll manufacturing and distribution arrangements at all levels of the distribution chain.

Drawing on the expertise of lawyers from multiple practice areas and from our relationships with regulators, we ensure that our clients benefit from a range of perspectives and local insight before we recommend investment solutions and advice.

Forestry and Plantation

We assist our clients in providing regulatory advice in relation to forestry matters, including identifying what types of permits are required for proposed activities in the relevant forestry area. Closely linked to mining, our team works closely with our environmental, mining and finance teams to provide consolidated advice.

MKK works with numerous foreign and domestic investors engaged in the agribusiness/plantation sectors including for palm, cocoa, sago and sugar cane. The firm assists with regulatory advice in taking clients through the legal process of establishment of new companies or acquisition of existing companies.

Health, Medical and Pharmaceutical Industries

Our team advises domestic and international healthcare and pharmaceutical companies on all their Indonesian legal requirements. We have advised on investments and divestments in established healthcare centre, private hospitals and laboratory testing facilities.

We advise international pharmaceutical companies and healthcare manufacturers on obtaining Indonesian food and drug agency approval for the importation, production and distribution of drugs and medical devices and equipment.

Information and Communications Technology and Media

MKK advises on all aspects of ICT and media matters. From a regulatory perspective, we advise on information technology investment projects including the operation of telecommunication networks and services, satellite operation, cellular and data communication systems, internet access and data centers on behalf of local telecommunication companies and domestic and foreign investors.

Our team has advised on several investments in existing telecommunication companies and significant restructuring of telecommunication companies and e-commerce companies.

Intellectual Property

MKK’s highly experienced intellectual property team is distinguished by its commercial acumen with a focus on trademarks.

Our IP team provides advice and assistance on brand protection, trade mark registration, confidential information, commercialisation of intellectual property, licences and assignments of IP and the enforcement of intellectual property rights.

Land and Property

MKK assists clients on all forms of property transactions as well as providing practical regulatory advice on land and buildings acquisitions and disposals and leasing transactions. We regularly advise on land matters for commercial, industrial, office and project use purposes. Our expertise extends to registered and other forms of title including Girik and unregistered land.

We appreciate that clients seek comprehensive and clear advice on the requirements and issues that they may face in acquiring, selling or leasing land and buildings in Indonesia.

Our clients comprise the full spectrum of real estate market participants including developers, landlords, tenants and investors.

Litigation, Tax Litigation and Dispute Resolution

MKK has a renowned commercial litigation practice and is recognized as a leader in tax and employment dispute resolution.

Our experienced attorneys excel at navigating complex commercial disputes. We collaborate closely with clients to develop their legal strategies through negotiation, mediation or litigation. We also provide local support to international law firms in international arbitration proceedings.

MKK is regarded as Indonesia’s leading tax dispute firm and advises clients from all sectors including oil and gas, mining, banking, finance, trading, manufacturing, insurance, telecommunication and multilevel marketing on tax disputes (mostly on income tax, VAT and withholding tax issues) with the Director General of Tax, the Director General of Customs and Excise and Regional Governments.

We act at every level of court from the Tax Court to the Supreme Court and have an unparalleled record of success.

Our steadfast dedication to provided top-tier legal services, combined with our local expertise and experience representing international and local clients, positions us as a trusted partner for handling litigation and dispute resolution cases.

Mining and Natural Resources

For over 50 years, MKK has been intimately involved in all aspects of the mining sector, advising clients and lenders in the coal, nickel, copper, gold and other hard mineral fields.

We assist in the establishment and licensing of new mining companies and provide on–going legal advice with respect to all aspects of their operations, including mining rights, land title issues, labor, environmental and other regulatory matters.

We also represent mining companies as borrowers as well as banks lending to the mining industry and have extensive experience with secured project lending in the mining sector. With our long history in the sector, we have taken part in many of the industry’s market-shaping transactions. This experience enables us to provide commercially advantageous advice to our clients for their business activities. Our insight into the mining sector strengthens our ability to anticipate how to best assist our clients on matters in this industry. Our clients rely on that insight and experience to guide them through their critical and strategic mining transactions.

Oil and Gas

Our experience in oil and gas spans the value chain, from exploration and production (including oil field services) to complex petrochemical projects. Our transactional lawyers advise on the development and sale of upstream assets and infrastructure.

We are a trusted advisor on making complex integrated projects happen including LNG, pipelines, refining and petrochemicals because of our insight across the entire value chain and how these different elements interact with each other.

Our dispute resolution lawyers advise in international arbitrations and litigation matters on a broad range of disputes including on stabilization clauses, taxation, price review, contract cancellation, production-sharing agreements, concession agreements and force majeure claims.

Power Generation and Electricity

With decades of experience in the IPP sector, beginning with representation of the sponsors in Indonesia's first privatization of private power to the Central Java 2,000MW IPP, the first PPP to reach financial close in Indonesia, we represent sponsors, investors and lenders across every power generation field (coal, gas, geothermal, solar, waste to energy, hydro, nuclear).

We advise at all stages of an IPP, from tendering and obtaining finance to construction, operation and eventual transfer to the government. Our industry understanding, experience with regulators and PLN and insight into the commercial imperatives of the power industry support our work in power projects and dispute resolution.

We advise sellers and buyers on all forms of M&A matters relating to under construction and operating IPPs including on the repurposing of existing IPPs to become renewably powered.

Project and Infrastructure

Every infrastructure project is different, but they tend to have one thing in common - complexity, both in the scope of issues involved and the number of stakeholders to satisfy. MKK understands the commercial and legal aspects of infrastructure projects.

Whether you are a developer, contractor, lender, investor, sponsor or consultant, navigating the complex legal issues involved is key to success.

MKK advises on a wide range of sectors, including oil and gas (upstream, pipelines, LNG, refineries and petrochemicals), mining and metals, transportation (rail, roads, airports and bridges), thermal, nuclear and renewable (including wind, solar, geothermal, waste to energy and hydro) power, and power infrastructure (including transmission) projects.

We have extensive experience advising sponsors, developers, contractors, investors and lenders (including commercial banks, development finance institutions and export credit agencies) in the structuring and negotiation of complex project financing transactions.

Public Law

MKK has acted on several high profile public law projects, including assisting the ADB and the IFC in establishing the Indonesian Infrastructure Finance Corporation, working with the Government of Indonesia (“GOI”) on restructuring matters and assisting bilateral and multi-lateral lenders and funds such as the Millenium Challenge Corporation to introduce various new pilot projects to Indonesia.

Our public law team doesn’t simply identify public law issues, we proactively provide options to overcome the challenges. We liaise regularly with officials from every arm of government and assist bilateral and multilateral organizations to enter into agreements with the GOI and state-owned entities.

Renewable Energy and Energy Transition

MKK has a long history of supporting energy industry innovators and the technologies they’ve developed. When it comes to the transition from fossil-based systems of energy production and consumption to renewable energy, MKK is a leader in the development of renewable energy projects that help reduce greenhouse gas emissions but also deliver reliable energy on a commercial basis.

We act for Sponsors and Lenders on new and operating Geothermal projects. MKK has also been the pathfinder firm for several Waste to Energy projects helping convert waste into clean energy. For solar projects, we act for small and large scale developers on an industrial basis. Energy storage is also a growing sector and MKK represents several battery storage manufacturers and exporters.

For over 25 years, MKK has advised on numerous hydroelectric dams across Indonesia that power mines, smelters or supply electricity directly to PLN. MKK has advised on 50% of all operating wind energy projects in Indonesia and is a go-to firm for this area of energy supply.

Our multidisciplinary team regularly advises a broad range of clients on tenders, development, acquisition, divestment, financing, development, regulatory, dispute, environmental, real estate, labor and intellectual property matters related to renewable and sustainable energy investments and projects.

Restructuring, Bankruptcy and Suspension of Debt Payment Obligations

MKK provides highly specialized legal counsel for Indonesian bankruptcy proceedings and suspension of debt payment obligations in Indonesia. We leverage our comprehensive knowledge of bankruptcy laws to represent debtors, creditors and other stakeholders across all aspects of bankruptcy cases. Our team skillfully guides clients through the complexities of bankruptcy and suspension of debt payment obligation cases while safeguarding clients' interests each step of the way.

Shipping

We have extensive experience in ship financing and leasing transactions representing shipowners, banks and other financial institutions on a broad range of ship financing and leasing transactions. We also assist clients in reviewing maritime contracts including shipbuilding contracts and charter parties. We work closely with our dispute resolution team in advising on arrest of vessels in Indonesia and in resolving disputes relating to maritime contracts.

MKK also has extensive experience in port development projects, assisting clients in developing container terminals in main ports which serve the public or special terminals designated for particular industries including coal, mining, oil and gas and cement.