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Are there any specific rules in Indonesia contract law that govern the exclusion or limitation of liability clauses? How may the general good faith obligation under Indonesian law affect such a clause?

SSEK Law Firm partner Fransiscus Rodyanto and associate Fadhira Mediana explain in Limitation of Liability Clauses in Indonesia.

For a fuller discussion, read their contribution to the Indonesia chapter of Contract Laws of Asia – Limitations of Liability.

The “do you know” series of posts are produced under Asian Business Law Institute‘s Contracts Project, where experts produce standard contract terms that can be valid in a majority of Asian jurisdictions and where risks are allocated in a relatively even manner.

The first turn of the Model Clauses is available here.

Check out the ABLI’s full publications on indemnities and liquidated damages under the project.

WRITTEN BY

For further information, please contact:

Fransiscus Rodyanto – SSEK,
fransiscusrodyanto@ssek.com

Fransiscus Rodyanto (Frans) has more than 15 years of experience practicing law in Indonesia. At SSEK, he has been heavily involved in numerous projects related to oil and gas, mining, the geothermal industry, clean-water supply, ports, project finance and general corporate matters, as well as various commercial transactions.

Frans has advised and represented various multinational corporations, including Pertamina, Exxon, Chevron, Shell, Repsol, McDermott, Adani Group, Xiaomi and Swire Group. He also has advised and represented Indonesia’s Ministry of Communications and Informatics. As part of his work, Frans has developed and maintains an extensive network of government contacts.

Prior to joining SSEK, Frans worked at a boutique law firm in Jakarta focusing on the energy sector, where he was exposed to many oil and gas transactions.

Areas of Focus

  • Corporate and commercial law
  • Energy (including renewables, oil and gas, and mining)
  • Foreign investment law
  • Mergers and acquisitions
  • Project finance and infrastructure

Representative Matters

  • Advising a major US company on two national strategic megaprojects relating to the conversion of fossil energy into more environmentally friendly energy.
  • Advising major oil and gas companies on issues related to upstream oil and gas activities in Indonesia.
  • Advising the Government of Indonesia in relation to the tender and contract for the development of the first national data center.
  • Advising one of the largest geothermal producers in the world on all aspects of its operations in Indonesia.
  • Advising a large Indian multinational company on a joint venture arrangement with an Indonesian company for the establishment and operation of a port in Indonesia.
  • Advising various Chinese communications and software companies on foreign investment in Indonesia.

Education

  • University of Indonesia, Diploma in English Language and Literature/Letters
  • University of Indonesia, Bachelor of Economics
  • University of Indonesia, Bachelor of Laws
  • Leiden University, Netherlands, LL.M. in European and international business law (full scholarship under the Leiden University Excellence Scholarship program)

Professional Associations and Memberships

  • Indonesian Advocates Association (Peradi)
  • Regulatory Affairs Committee of the Indonesian Petroleum Association
  • Inter-Pacific Bar Association

Recognition

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