Professional Documents
Culture Documents
POSITION:
EDUCATION:
WORK EXPERIENCE:
Born at North Sumatra on zoth of October 1959 and now as one of well known and senior advocate,
duly admitted and practicing as such in Indonesia by the Decree of the Indonesian Ministry of Justice.
In January 1982, Hotman Paris was hired as a lawyer in the law office OC Kaligis & Associates in
Jakarta. In the same year Hotman Paris moved to the law firm Nasution, Lubis &
Hadiputranto, which was at that time an international law firm headed by Mr. Adnan Buyung
Nasution, S.H. At the end of 1982, Hotman Paris attended a banking training course in Jakarta for
almost one year organized by Bank Indonesia (Federal Reserve Bank of Indonesia).
From August 1983 until May 1999, Hotman Paris has been working as a litigation partner in Law
Firm Makarim & Taira S., an International Law Firm founded by DR. Nono Anwar Makarim, S.
H. LL.M and Frank Taira Supit, JD, BA. LL.M, who both graduated from Harvard Law School, USA.
From September 1987 to September 1988, Hotman Paris was seconded from the law firm Makarim
& Taira. S., Jakarta to Sydney, Australia to work with an international law firm (Freehill,
Ho1lingdale & Page).
1
On 14 May 1999, Hotman Paris left Makarim & Taira S. to form his own practice, Law Firm Hotman
Paris & Partners. Hotman Paris was founded and developed and the first legal training and
continuing legal education program in Indonesia for non-lawyers and lawyers. Assembled faculty
of judges, practicing attorneys and business people to act as visiting lectures at continuing 6-week
courses, attended by employees of banks, investment companies, major corporation and oil and gas
companies.
For the last fifteen years Hotman Paris has been entrusted to handle and be in charge of litigation
and dispute resolution besides representing numerous domestic and multinational companies in
Indonesia courts and arbitration. Hotman Paris has also been involved in various international
transactions inter alia foreign investment, banking and finance, mining investment, corporate
and general commercial law.
When the Indonesian New Bankruptcy Law was adopted in April 1998, Hotman Paris argued the New
Bankruptcy Law's First Case, and since the New Indonesia Bankruptcy Court was opened in
September 1998, Hotman Paris has successfully handled many of the biggest and highest profile
bankruptcy cases, representing many prominent foreign banks and blue chip companies.
Hotman Paris act successfully for PT Lontar Papyrus Pulp & Paper Industry and Indah Kiat
International Finance Company BV and PT Indah Kiat Tbk (SINARMAS GROUP) in two
spectacular cases on international bond issues as reported below in various prospectus of
international bond issue:
"Most recently, in a June 2006 decision that was released in November 2006, the Indonesian
Supr•eme Court affirmed a lower court judgment that invalidated US$500 million of
notes issued through an offshore offering structure similar to that of the Notes and the
Guarantees. The June 2006 decision involved PT Indah Kiat Pulp & Paper Tbk ("Indah
Kiat") as plaintiff and various parties as the defendants using a structure similar to
the issuance of the Notes whereby notes were issued through a Netherlands subsidiary
and guaranteed by an Indonesia company. The Indonesian Supreme Court upheld the
decision of a District defendants (including the trustee, underwriter and security agent for
the issuance of the Indah Kiat notes) committed a tort (perbuatan melawan hukum), and
therefore for the issuance of the notes was null and void. The courts nullified the notes by
reasoning that the contracts made in relation to the notes were signed without any legal
cause, and so did meet the provision of Article 1320 of the Indonesian Civil Code regarding
the validity of an agreement in Indonesia. The Indonesian courts accepted the argument of
the plaintiff's lawyer that Indah Kiat acted as both a debtor and as a guarantor even though
in the facts of the case Indah Kiat International Finance Company BV (its Netherlands
subsidiary established for the purpose of the issuance of the notes) was issuer of the notes and
Indah Kiat was the guarantor of such notes. The Indonesian courts also ruled that the
establishment of Indah Kiat International Finance Company BV was unlawful as it was
intended to avoid withholding tax payments. To date, this is the only case regarding notes
issued through court of highest authority in Indonesia, and its decisions are final and
binding and may only be subject to judicial review where new evidence is submitted.
There can be no assurance that the Supreme Court will undertake any such review, when the
Supreme Court would deliver a decision if it undertakes such review or that any such review
will not affirm the oriqinal Supreme Court decision."
2
ADDITIONAL COURSES:
3
CONFERENCES/SEMINARS EXPERIENCE:
A. Domestic:
B. International:
a. A speaker at the Seminar "CREDIT AND SECURITY LAW", 12-13 October 1989, The
Regent Hotel, Singapore.
b. A speaker at the Seminar "CREDITOR'S STRATEGIES & ENFORCING SECURITY",
14-15 August 1990, Carlton Hotel, Singapore.
c. Various other International Seminars.
a. Founded and developed first legal training and continuing legal education program in
Indonesian for non-lawyers and lawyers. Assembled faculty of judges, practicing attorneys and
business people to act as visiting lectures at continuing 6-week courses, attended by employees
of banks, investment companies, major corporations and oil and gas companies.
4
MAJOR CLIENTS
1. Winner of the Biggest Conflict over coal discovery & IUP (Izin Usaha Pertambangan)
dispute in Supreme Court (Kasasi & PK) representing Nusantara Group (Famously known
Churchill Case).
2. NOW: REPRESENTING PT. Borneo Lumbung Energi & Metal Tbk (Samin Tan) in THE
INTERNATIONAL ARBITRATION under the Uncitral Rules In SINGAPORE.
__________________________________
Dr. Hotman Paris Hutapea, S.H., M.Hum.