WIDYANUSA, WIDDHI & CO (abbreviated as WNCo) is a partnership of experienced lawyers as well as legal counsels in a law firm that provides personal, partner-level attention to all clients. We have junior through to very experienced lawyers and are therefore able to allocate cases to the appropriate level as well as accommodate the client’s financial position on costs. We undertake much of our own appearance work which helps keep costs down.
We provide legal services to corporations, individuals, public organizations and governments. Our legal support and original solutions on complex legal issues are served by applying innovative methods and creative thinking in a way that creates added value for our clients.
We offer legal advice and services within a culture that encourages innovative problem-solving. We are “can do” and “get the deal done” lawyers, willing to put in the hard work necessary to achieve our client’s goals.
Building on the foundation of many years of legal services, we continue to maintain and develop the broad experience and diverse skills necessary to assist our clients in anticipating and managing the business and personal matters in often fast-paced, changing environments.
AREAS OF PRACTICES
The client is constantly distracted by a daily churn of activity such as repetitive drafting exercises, responding to routine queries from internal, low-level contract redlining and negotiating, updating systems, administrating active contracts, and so on.
We are concentrates on freeing our client from those tasks, our support teams, working as a fluid extension of your organization, efficiently absorb the "noise", enabling the client to focus on more important work.
Client's with businesses of all sizes turn to us to manage their legal affairs, from sole proprietors to major corporations. Every company's needs are different, and our corporate & commercial law practice is diverse enough to meet those needs. Our work in corporate & commercial law includes:
- Company set up
- Establishing corporations and partnerships
- Arranging corporate structures and restructuring
- Negotiating, drafting and enforcing contracts
- Obtaining government approval and licenses
- Negotiating and completing the purchase/sale of business assets or shares
- Negotiating and settling shareholder and business operation disputes
- Legal consultation
- Dispute resolution
We are involved in the fields of foreign investment, corporate and commercial transactions. We advise the clients on structuring their contemplated corporate investments in Indonesia. Hence, it has considerable experience with respect to the establishment of joint ventures between foreign investors and their local business partners.
Our services also cover the establishment of foreign investment companies, permanent business establishments, subsidiaries and joint ventures under the Indonesian foreign investment regime, merger & acquisition issues, foreign ownership caps in various economic sectors, manpower matters, regulatory and environmental compliance, land acquisition, taxation issues in fact, everything you will need to get your venture off the ground and to keep it running smoothly throughout the investment lifecycle.
The lawyers of our Firm are well equipped with in-depth knowledge and professional skills for securing foreign investment of clients. The government permits, incentives and taxation are also within the corporate practice of our Firm.
Immigration and citizenship deals with sometimes very complicated and possibly ever changing, laws controlling entry to and exit from the Republic of Indonesia as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government. Foreigner come to Indonesia for purposes of visiting as tourists, works, studying, married or even becoming a citizen of The Republic of Indonesia. It is important to consult with a lawyer who is knowledgeable in immigration laws and regulations before taking any action, especially in light of rapid changes in this area of law.
We are also providing services for visas application (including working permit), releasing travel ban and many more. Client is being advised to consult an immigration law attorney before contacting the immigration authorities.
Maritime practice involves all aspects of legal work relating to marine activities that covers all contracts, torts, injuries or offenses that take place on navigable waters. This includes litigation, commercial transactions, and non-litigation counseling, as well as regulatory work before government agencies. Maritime law traditionally focused on oceanic issues, but it has expanded to cover any public body of water, including lakes and rivers.
Due to the nature of when and where clients' needs arise, lawyers in this practice frequently are on call 24 hours and travel to distant and sometimes remote locations. In the areas of commercial and counseling, maritime lawyers handle issues relating to vessel sales, shipyard contracts, maritime insurance counseling and evaluation, contract and charter drafting and negotiations. In the context of the regulatory arena, lawyers typically appear before the ministry of marine affairs and fisheries, Indonesian navy, Indonesian sea and coast guard, water police, directorate general of sea transportation, courts, etc.
Indonesia government has liberalized telecommunications industry (both network and service providers). We have advised participants in the telecommunications sector and its regulatory body on all aspects of telecommunications law, including regulatory, intellectual property, corporate, and licensing issues. Our lawyers possess specialized and unique experience in the telecommunications field due to our active participation in the development of the current telecommunications policy by the government of Indonesia.
Our lawyers have been involved in some service and infrastructure projects of telecommunications providers in Indonesia, and have also represented domestic and international clients in various telecommunications endeavor, such as construction of sharing telecommunication tower (build to suit/leased), deployment of nationwide fiber optic infrastructure, deployment VSAT network, Network Access Point, Satellite Communication, fixed wireless network, wireless network (GSM, CDMA platforms), etc.
As the telecommunications sector rapidly expands across Indonesia and all over the world, and based on our experience in this industry since 2001 so will be ready for assisting clients in all matters related to telecommunications.
Indonesia's digital innovation sector is rapidly evolving. Seventy per cent of Indonesia's 252 million people are aged 39 or younger and they are relatively tech savvy. One third of Indonesian have internet access and this rate is growing. Smartphones are the key platform for accessing the net, with more than 280 million SIM cards in use across the archipelago. For this reason, ICT could also be seen and analyzed in the context of how modern communication technologies affect society.
Basically ICT is still part of telecommunication, but technically ICT is an umbrella term that includes any communication device or application, encompassing: radio, television, cellular phones, computer and network hardware and software, satellite systems and so on, as well as the various services and applications associated with them, such as videoconferencing and distance learning.
ICT covers any product that will store, retrieve, manipulate, transmit or receive information electronically in a digital form. For example, this includes personal computers, digital television and robots. On a broader level, this also includes the internet, intranet, email, wireless networks, cell phones, and other communication mediums. A good way to think about ICT is to consider all the uses of digital technology that already exist to help individuals, businesses and organizations use information. Essentially ICT is concerned with the storage, retrieval, manipulation, transmission or receipt of digital data. Importantly, it is also concerned with the way these different uses can work with each other.
Indonesian criminal law applies to whoever commit crimes within the territory of the Republic of Indonesia. Suspect/ accused of a crime can be arrested and detained by the police or other civil servant investigators, depending on the type of crime accusation such as violation of: Immigration Law, ITE Law (Electronic Information and Transactions), Anti-Corruption Law, Narcotics Law, etc.
Under the Indonesian Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana), Police can detain a suspect if they deem there is sufficient preliminary evidence to justify detention. A suspect's detention can be extended by the prosecutor, the district court, the high court or the Supreme Court, depending on the stage of the criminal proceeding. In total, a suspect or the accused can be detained for a maximum of 400 days before a final and binding court decision is issued.
Role of the defense lawyer is very critical for any suspect or defendant, to ensure that the law related to this crime is duly applied, and to avoid the abuse of law. It is important for a suspect/ defendant to obtain the help of lawyer as early as possible. Our lawyers can take to protect and aid a suspect/defendant in the early stages that may not be possible as the case progresses. In addition, the lawyer is able to counsel the defendant on different strategies and arguments that can be used in the case as well as the benefits and drawbacks for each one.
We advise clients on all types of property, real estate and construction transactions and agreements. Our lawyers have extensive experiences in advising, negotiating, structuring and preparing all types of property and construction contracts for developers on all types of property development (hotel, apartment, mall, office space). We negotiate and draft commercial lease, hotel and apartment development and management contracts, as well as in the strata title projects, public private partnership (build operation transfer, build own operate) etc. including site acquisition, title due diligence, application permit and licensing for each project (starting from construction until operation of the property project).
Our lawyers provide practical legal advice to all stakeholders in the construction industry. Clients include not only contractors and subcontractors, but also material suppliers, architects, engineers, owners, developers. We will assist our client in deciding which project delivery approach best suits their project in line with applicable laws and regulations.
The state administrative court is designed to challenge the public administrative. Broadly speaking, administrative law refers to government action and regulation of people and business entities. Often, administrative law refers to government agency action, which has expanded dramatically, agency action and regulation touches on an enormous range of practice areas. In Indonesia, any government action should be based on law and it is based on the universal principles in the administration of the nation, namely the principle wetmatigheid van bestuur or legality. This principle specifies that the absence of the basis of authority granted by a legislation in force, government action was illegal. The source of all these actions is legal, especially the written law it means all the actions of government officials should be sourced from there.
Our lawyers have a wide range of experience in advising and assisting clients before administrative court in particular against any improper administrative decision.
Indonesia's IP regime is now broadly compliant with TRIPs and WTO requirements, while government's determination to further bring it up to scratch is evidenced by the passage of a comprehensive new Copyright Law in 2014 and the imminent ratification of the Madrid Protocol. Intellectual property is protected by intellectual property law, for example, patents, copyrights, industrial designs and trademarks, which enable people to earn recognition or financial benefits from that which they have invented or created.
By striking the right balance between the interests of inventors and the wider public interest, the intellectual property system aims to foster an environment in which creativity and innovation can flourish. Indonesia is significantly revising the intellectual property right laws in order to meet the international standards. Our team of IPR will help our clients in handling the cases of IP, we offer everything you need to register, protect and enforce your intellectual property rights, such as:
- Copyright, Patent & Trademark;
- Trade secret;
- Industrial Design;
- Technology Transfer;
- IP Enforcement & Anti-Piracy
Family law disputes that are handled in the judicial system include divorce, separation, adoption, child custody, visitation rights, financial settlements and distribution of assets, domestic violence, guardianship, and child abuse and neglect.
Other matters which are covered by this area of law include: validity of trusts, wills and inheritance laws, deaths, pension, retirements and other benefits, and the coverage and validity of insurance claims, financial agreements including pre and post nuptial agreements.
Most cases will involve input from a variety of people who are associated with the cases in different capacities. Lawyers and support staff will need to liaise and coordinate with professionals such as law enforcement officers, doctors, psychologists in order to deliver a seamless and unanimous argument before the court, including with property values and investigators who are able to both value business interests and track down assets.
We handle small matters through to many of the biggest and most complex family disputes in the court. This is one of the most difficult areas of legal practice both for the lawyer and the client. We are not only dealing with children, property and money but a person's feelings and emotions. It is usually the biggest commercial transaction the parties will ever be involved in. The parties to a broken marriage or relationship often feel lonely, exposed and vulnerable. We work closely with the counselors on children's cases.
Constitutional court is a specific court that deals primarily with constitutional law and their decisions cannot be appealed. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights and freedoms.
Our lawyers also have experiences in representing clients in various and at any level of courts in Indonesia including in constitutional court for reviewing constitutionality of laws in Indonesia, such as dispute settlement on the election of regent/ major/ governor.
Our experience in acting for trustees in bankruptcy, banks, commercial lenders, and secured and unsecured creditors has provided us with the skills necessary to maximize recovery and enforce contractual rights.
We appreciate our clients' need for timely and cost-effective service, and we employ our decades of experience in debt collection and enforcement to avoid complications and ensure the best possible results for our clients.
In this particular matter, our firm provide an exclusive service in assisting the client to collect unpaid debt whether from a loan scheme or as a consequence of trade transaction, in such case this service is including but not limited to negotiate repayment schedule, preparing and drafting rescheduling and or restructuring document, executing collateral.
Whether you're just entering into the hotels and/or resorts business, operating one or more hotels or preparing to sell off your interest, you will benefit from the advice of counsel experienced in the legal issues surrounding the hotel / hospitality industry. The complicated, multi-faceted nature of the hotel business means that most business people will not have the knowledge required to fully protect their interests. Many will not even be aware of all of the legal issues to be considered.
We have numerous years of experience working with our hotels/resorts/motel and hospitality clients to provide comprehensive legal counsel.
We can assist clients with all aspects of their legal needs including acquisition and development to financing and franchise review. Hotel or resort-related legal issues can be complicated due to the range of areas of law involved: operating a hotel means dealing with real property issues, financial issues, liability, employment and a host of other concepts. Navigating these issues is not solely difficult for hotel property owners they may also present significant challenges for attorneys who are not well-versed in the nuances of hotel law. Our lawyers have the experience to advise hotel owners and investors on the full range of legal scenarios associated with building and operating a hotel business.
Legal proficiency in franchising requires knowledge in a broad range of laws including Consumer Laws, the Franchise regulations, Leasing, Licensing, Buying and Selling Businesses, Dispute Resolution, and Litigation.
Franchising is a business model that companies use to expand their brand or system. A franchisor is a company that has developed a system and name and grants a third party the right to operate a business under the system and name in exchange for the third party paying certain fees. The Indonesian Ministry of Trade has enacted legislation that regulates the sale of franchises and the relationship between the franchisor and its franchisee.
Our lawyers have wide and varied experience in providing legal advice for establishing franchise business in Indonesia. Such as advising franchisors on regulatory requirements, trademark issues, drafting franchise agreements and related agreements, counseling franchisors on day-to-day issues that arise in connection with working with franchisees, and counseling franchisors on dispute-related issues.
We advise companies and individuals on employment contracts, company regulations, collective labor agreements, employment termination, and severance negotiation, outsourcing as well as in relation to regulatory compliance matters. In the event of an industrial relations dispute, we represent clients in settlement negotiations and appear before the relevant institutions. We have represented foreign and domestic entities as well as individuals, both employers, and employees.
On the litigation front, we are frequently called upon to advice on cases involving internal fraud and embezzlement, and on the remedies available to employers that find themselves affected by such acts. In addition, we offer expert advice on the employment implications of mergers, acquisitions and amalgamations, and the rights and benefits available to employees upon termination.
Years' experience in the industrial relationship law indicate that we have capabilities to keep up with the recent development of the laws and regulations, and has flexibilities to assisting in drafting any legal document i.e. Collective Labor Agreement, Company Regulation, Labor Contract, representing the Client to negotiate and or attending mediation and or settlement of dispute, and assisting and representing the Client before the Administrative Court proceeding.