Non Lawyer Series Course: Commercial Litigation and Dispute Resolution

Non Lawyer Series Course:
Commercial Litigation and Dispute Resolution


About The Course
In today’s global business environment, corporations are faced with an increasing number of litigation and complex business disputes from every front. Disputes among business partners, competitors, shareholders and even government institutions can result in a multitude of actions emerging from breach of contract disputes and disputed termination of contracts to large-scale class action suits.

The course is designed to provide participants with essential grounding in commercial litigation. It looks at the practice of a commercial claim in Indonesia, encompassing all levels of courts in Indonesia. It also covers topics of dispute resolution through non-litigation process, commonly known as Alternative Dispute Resolution (ADR) and its available modes.

With years of dispute consulting experience and through numerous cases of various types and descriptions, the facilitator has solid track record of helping clients and counsels with challenging legal, financial, and economic issues in commercial litigation and other business disputes.

The facilitator will draw on his expertise and experience, honed over years of litigation practice, to present important principles, rules, and techniques in handling commercial dispute. The input and workshop sessions will be interactive and focused on practical commercial application.

Who Should Attend
Directors, managers, executives, businessmen, deal makers, corporate legal executives and staffs, in-house lawyers, contract managers, customer account managers and relationship managers, supplier and procurement managers, and anyone who has to resolve disputes with third parties. Prior legal or experience with litigation is not required.

Key Learning Outcomes
Recognize the jurisdiction and structure of courts in Indonesia
Identify the factors which impact upon choice of court for any particular claim
Be well-equipped to understand, explain, and manage commercial litigation claim and process
Understand and apply techniques and strategies in drafting correspondence required in litigation process
Choose the time to register or settle a claim
Recognize commercial dispute resolution process through litigation or non litigation
Analyze diverse issues with regard to dispute resolution process
Facilitate settlement either by way of alternative dispute resolution or making a settlement offer


 Heriyanto Yang

Trainer
Heriyanto
Founding Partner of Yang & Partners Law Firm

Heriyanto Yang is the founding partner of Yang & Partners Law Firm. He trained and earned his law degree (Sarjana Hukum) from the Faculty of Law of Universitas Gadjah Mada, Yogyakarta. Prior to establishing Yang & Partners, he was a disciple of Mr. Todung Mulya Lubis and an associate at Lubis Santosa & Maulana Law Offices, Jakarta.

Heriyanto has made a very successful debut in the lawyering industry, as he is involved in many high profile cases both nationally and internationally. He was a member of a team involved in assisting and representing four death penalty convicts (two Indonesians and two Australians) in a judicial review application challenging the constitutionality of the death penalty at the Indonesian Constitutional Court (Mahkamah Konstitusi). He was also involved in representing clients at the Commission for the Supervision of Business Competition of the Republic of Indonesia (KPPU). His clients vary from a major international business consulting firm to a Singapore based holding company. He was also an advisor to the Provincial Government of Papua in drawing up a contract with the United Nations Development Program. He is also the leading lawyer in the recently-filed judicial review petition to challenge Indonesia’s election law at the Indonesian Constitutional Court.

As the Founder and Managing Partner in Yang & Partners, Heriyanto is heavily engaged in all corporate and commercial practice as well as dispute resolution works of the firm. He led the corporate and commercial practice group as well asthe dispute resolution practice group in a number of major cross-border transactions and high profile cross-jurisdictional litigations of the firm.

Heriyanto is licensed to practice as an advocate by the Indonesian Bar Association (Peradi), and has been recently appointed as the special staff for the Chairman of the Indonesian Bar Association. He has produced and published works in English on a number of legal issues. In addition to Indonesian and English, Heriyanto also speaks Chinese dialects and Javanese.

Clients and cases handled (in chronological order)
Australian Government – assisting and representing four death penalty convicts—two Australians (members of the popularly called ‘Bali 9’ narcotic smugglers) and two Indonesians—in a judicial review application (permohonan pengujian materiil undang-undang) challenging constitutionality of the death penalty before the Indonesian Constitutional Court (Mahkamah Konstitusi Republik Indonesia) (2006)

McKinsey & Company, a major international business consulting firm – advising the Company in a potential business-competition litigation and a potential summons for hearing at the Indonesian House of Representatives (Dewan Perwakilan Rakyat Republik Indonesia) (2006)

Papua Provincial Government (Pemerintah Provinsi Papua) – advising the Provincial Government in drawing up an agreement with the United Nations Development Project (2006-2007)

Temasek Holdings, a major Singapore-based holding company – advising and representing the holding company in a business-competition litigation before the Indonesian Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha Republik Indonesia) concerning share ownership in two major Indonesian telecommunications companies (2007)

Astro, a major Malaysian-based business group focused on the broadcasting sector – advising and representing the business group in a business-competition litigation before the Indonesian Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha Republik Indonesia) concerning broadcast of the Barclays’ Premier League (also popularly known as the English Premier League or the Liga Inggris) football program (2007-2008)

Astro, a major Malaysian-based business group focused on the broadcasting sector – advising personnel of the business group in a criminal case investigated by the Indonesian Police Headquarters (Markas Besar Kepolisian Republik Indonesia) (2007-2008)

Time Magazine, a major international newsmagazine – advising and representing the Magazine in the Review (Peninjauan Kembali) stage of a civil litigation against the late former President Soeharto of Indonesia concerning alleged defamation by the Magazine on the former President (2008)

Metro TV and Ms. Desi Anwar, Indonesia’s leading news television and its senior journalist – advising and representing the news television and the senior journalist in a defamation case against President Ramos Horta of Timor Leste (2008)

Indonesian House of Regional Representatives (Dewan Perwakilan Daerah Republik Indonesia) – assisting and representing the House in a judicial review application (permohonan pengujian materiil undang-undang) challenging constitutionality of certain provisions of Law Number 10 Year 2008 (Undang-undang Nomor 10 Tahun 2008) before the Indonesian Constitutional Court (Mahkamah Konstitusi Republik Indonesia) (2008)

Death penalty convicts of Bali 9 – assisting and representing in the Review (Peninjauan Kembali) stage before the Supreme Court of Indonesia (Mahkamah Agung) (2012)

Advising a cabinet minister of the Republic of Indonesia in the Century Bank case (2012)

Assisting and representing an Indonesian political party in a judicial review application challenging the constitutionality of certain provisions of Indonesia’s election law before the Indonesian Constitutional Court (Mahkamah Konstitusi Republik Indonesia) (2017)

Achievement
International (in chronological order)

Selected to represent Indonesia in the 4th International Humanitarian Law Moot Court Competition, the International Committee of the Red Cross (ICRC), Hong Kong, China (2006)

1st Runner-up, Debate Competition, 15th Asian Law Students Conference, Bangkok, Thailand (2003)

1st Runner-up, Debate Competition, 14th ASEAN Law Students Conference, National University of Singapore, Singapore (2002)

Top 1% & High Distinction, International Competitions for Schools (Subject: English), Educational Testing Center, University of New South Wales (UNSW), Australia (1997)

National (in chronological order)
1st Winner, Contest of Product Presentation in English, Universitas Bina Nusantara, Jakarta (2004)

3rd Winner, Presenting Idea in English, Universitas Bina Nusantara, Jakarta (2004)

2nd Winner, Paper Presentation in English, Law Faculty, Universitas Indonesia, Depok (2003)

3rd Best Oralist, the Indonesian National Rounds of Jessup International Law Moot Court Competition, the Indonesian Society of International Law, Jakarta (2003)

1st Winner, Debate Competition (in In the Indonesian Language), 7th Religious and Ethics Education Retreat for Indonesian Youth, Pandita Sabha Buddha Dharma Indonesia Foundation, Megamendung (2000)

1st Winner, Paper Presentation in English, Law Faculty, Universitas of Indonesia, Depok (2000)

7th Winner, National English Essay Writing Contest for University Students, National Education Department of the Republic of Indonesia, Jakarta (1999)

Participation in international fora
Panelist (presenting a paper on State-Recognized and Non-State-Recognized Religions: The Case of Confucianism in Indonesia in Historical, Political, and Legal Perspectives), the 19th World Congress of the International Association for the History of Religions, Tokyo, Japan (March 2005)

Panelist (presenting a paper on The History and Legal Position of Confucianism in Post-Independence Indonesia), the International Conference on Religious Harmony (theme: Religious Harmony: Problems, Practice, and Education), the International Association for the History of Religions, Yogyakarta (September 2004)

Presented a paper on Indonesian Legal History and Its Present Judicial System , 15th Asian Law Students Conference, Bangkok, Thailand (2003)

Chief Delegate of Indonesia, 14th ASEAN Law Students’ Conference, Singapore (June 23-29, 2002)

Attended the World Intellectual Property Organization (WIPO) Asia-Pacific Regional Symposium on Intellectual Property Rights, Traditional Knowledge, and Related Issues, Yogyakarta (October 2001)

Miscellaneous
Invited to and attended the Presidential Speech of President Soesilo Bambang Yudhoyono on regional development before the Plenary Session of the Indonesian House of Regional Representatives (Dewan Perwakilan Daerah Republik Indonesia) (August 2008)

Attended the Adnan Buyung Nasution & Partners Workshop on Lawyering Practices, Law Faculty, Universitas Gadjah Mada, Yogyakarta (December 2004)

Speaker/Trainer, Workshop on Introduction to the Philip C. Jessup International Law Moot Court Competition, the International Law Moot Court Society of Law Faculty of Universitas Jenderal Soedirman, Purwokerto (November 2004)

Attended the Indonesian Youth National Assembly, Yogyakarta (October 2004)

Participant, Training for Anti-Corruption Activists, Yogyakarta Corruption Watch & Partnership for Governance Reform in Indonesia, Yogyakarta (August 2004)

Adjudicator, English Debate Competition for High School Students, Universitas Negeri Yogyakarta, Yogyakarta (2004)

Chief Adjudicator, Interfaculty English Debate Competition, Universitas Muhammadiyah Yogyakarta, Yogyakarta (May 2004)

Adjudicator, National English Debate Competition for High School Students, Law Faculty, Universitas Indonesia, Depok (April 2004)

Organizing Committee Member, 2004 National Grand Jamboree for Indonesian Rover Boy Scouts, Klaten (July 2003)

Adjudicator, Indonesian Varsity English Debate Competition, Medan (June 2003)

Adjudicator, 7th Anniversary English Speech Competition, Success Private Education Training Center, Medan (2002)

Liaison Officer to Sulak Sivaraksa (a Nobel Peace Prize nominee) (2001) and Phra Phaisan Visalo (a Thai buddhist monk-cum-researcher) (2002) during their visits to Yogyakarta

Adjudicator, Story-telling Contest, ASEAN Law Students Association, Local Committee of Universitas Gadjah Mada, Yogyakarta (2001)

Adjudicator, 5th Anniversary English Quick-witted Competition, Success Private Education Training Center, Medan (2000)

Speaker, Moderator, Translator, and Master of Ceremony at various seminars, functions, and events (in both the Indonesian and English languages) since high school (1994-the present)

Writer of articles, essays, poems, and certain chapters in a number of local newspapers, magazines, school bulletin, and books (in both the Indonesian and English languages) since high school (1993-the present)


Selected Testimonials
More testimonials go to youtube, type “www.husingroup.com”

Air Liquide Indonesia Legal Officer

"I joined the training Practical Contract Law for Non Lawyers, I do not have a law background, the explanation from the speaker is very clear to me, and I can get many important notes from this training, thank you."

Conoco Phillips Indonesia Contract Administrator
"The training Practical Contract Law for Non Lawyers is very good, the material is exactly the same as what we face in our daily job, the disputes that we face, we get the solutions in this training. And many things will open up our eyes because everyday we do our job with our habits and our habits not always right."

Conoco Phillips Indonesia Lead Contracts
"The training Practical Contract Law for Non Lawyers is interesting because there is a lot of discussion about real case, tricks and tips to anticipate a dispute."

Conoco Phillips Indonesia Contract Lead & Procurement
"The training is very useful and insightful for non-lawyers."

Bank Negara Indonesia Manager Kontrak & Legal Management
"The trainer of Practical Contract Law for Non Lawyers is very knowledgable and good in delivering the training, this training can support me in doing my daily job in contract and legal management. I hope can join Husin Group other trainings in the future."

Agincourt Resources Contract Administrator
"The training is very enjoyable, we discuss a lot of materials, case by case sample, its very useful for those background is not a lawyer."

Adhi Karya (Persero) Tbk Manager
"I get knowledge and add my connection by joining this training."

Bank Rakyat Indonesia Junior Staff
"This training is good, hope it can be applicable in my daily jobs."

Freeport Indonesia Chief Engineer Contract Admin
"We joined Practical Contract Law for Non Lawyers training by Husin Group. According to me, this training helps us open our knowledge on how to design a contract completely, minimize  dispute that will arose in the future."

Freeport Indonesia Superintendent Contract Agreement & Compliance
"The trainer is very competent, what he taught in the class can be implemented in our company."

Freeport Indonesia Chief Engineer Contracts Department
"This training is very beneficial for non lawyers, because will teach you what to pay attention in writing a contract, and also teach you on how the lawyers think and write a contract, gives me entirely a new perspective and new insights in writing a contract."

Freeport Indonesia Superintendent Contract Administration
"From me, only two words to describe the training of Practical Contract Law for Non Lawyers, its “Eye Opener”. Good luck for Husin Group."

Electric Company Finance Division
"I joined the training Practical Contract Law for Non Lawyers from Husin Group, the trainer used the very simple and basic language, non lawyers will easily understood the course. I will recommend this course for other non lawyer colleagues."

PLN Organizational Development Division
"Many knowledge and input I learned from the  training Practical Contract Law for Non Lawyers from Husin Group, hopefully we can meet again in another Husin Goup training."

SICPA Peruri Securink Compliance Manager
"The training Practical Contract Law for Non Lawyers from Husin Group is very useful for me, give me a wide knowledge, and things that I need to pay attention in analyzing contract, this course is very practical and very applicable in daily job."