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FWP Legal Updates & Insights

08 January
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The BANI Regulation 2025: What Practitioners Need to Know

Posted by FWP Kelapa Gading Office
in BANI, Hukum, King Kin Maharani

The BANI Regulation 2025: What Practitioners Need to Know As has been widely discussed, in early 2025 the Indonesian National Arbitration Board (“BANI”) officially issued the latest Arbitration Rules and Procedures to be used as a guidelines for dispute resolution at BANI. The BANI Regulation 2025 highlighted several key issues, including BANI’s authority in cases of Unlawful Acts (Torts), the expansion of the limitations on legal counsel practicing at BANI, the new concept of consolidation of arbitration applications, the arbitrator replacement, and the emergency arbitration. These concepts were certainly added and/or modified in the BANI Regulation 2025 with the aim of...

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17 December
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Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties

Posted by FWP Alam Sutera Office
in Hukum, Irene Amadea Rembeth

Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties “The only thing that is constant is change” - Heraclitus The relevance of this adage is more pronounced today than ever, as climate change and its severe impacts are no longer distant or abstract concerns. Countries have been facing irreversible adversities due to climate change. Recent data indicate that Indonesia recorded temperatures reaching 38.4°C in October 2024 and faced 6,827 climate-related disasters between 2023 and 2024, affecting more than 13 million people. Inevitably, events of this scale create substantial obstacles for private parties in performing and fulfilling their contractual...

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11 December
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Frans Hendra Winarta Attends the 1st Decade Celebration of ICC Indonesia at The St. Regis Hotel Jakarta

Posted by FWP
in Frans Hendra Winarta

Our Managing Partner, Frans H. Winarta attended the 1st Decade Celebration of ICC Indonesia as a registered association under Indonesian Law at St. Regis Hotel Jakarta. It's been an honor to our Managing Partner to be one of the founders of ICC Indonesia and the Chairman of the Arbitration and ADR Commission of ICC Indonesia. Each new achievement is an opportunity to grow. Congratulations and keep up the good work, ICC Indonesia. ...

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20 November
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Emergency Arbitration under BANI Rules 2025 compared with SIAC Rules 2025 and ICC Rules 2021

Posted by FWP Kelapa Gading Office
in Hukum, King Kin Maharani

Recently, the Indonesian National Arbitration Board (“BANI”) has released its newest set of Arbitration Rules and Procedures for 2025 (“BANI Rules 2025”). The BANI Rules 2025 introduce several adjustment and advancements such as: (i) adjustment to consolidation, multiparty, and multi-contract arbitration; (ii) expanded grounds for challenging arbitrators; and (iii) emergency arbitration. This article will comprehensively discuss emergency arbitrator under BANI Rules 2025 compared with SIAC Rules 2025 and ICC Rules 2021. The practice of emergency arbitration has been recognized and implemented by the Singapore International Arbitration Centre (“SIAC”) and the International Chamber of Commerce (“ICC”). In brief, emergency arbitration is an...

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06 November
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Frans Winarta & Partners Attends the Austrian National Day Reception 2025

Posted by FWP
in Alessandra Patricia Wijaya, Frans Hendra Winarta, Harri Budiman, I Gusti Putu Gandhi Nananjaya, Irene Amadea Rembeth, Mirza Marali, Patricia Ann Winarta, Randolph Jay Winarta

On Friday, 24 October 2025, Our Managing Partner Mr. Frans H. Winarta, our Partners Ms. Patricia Ann Winarta and Mr. Randolph Jay Winarta, as well as our Senior Partner, Mr. Harri Budiman, along with the associates, attended the Austrian National Day Reception at Ayana Midplaza Hotel Jakarta.We are so grateful to have attended this event and given our support to the Embassy. ...

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23 October
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Strengthening IP Collaboration: Our Partner, Patricia Ann Winarta Will Be Attending the 21st APAA General Assembly in Malaysia

Posted by FWP Kelapa Gading Office
in Patricia Ann Winarta

Our Partner, Patricia Ann Winarta will be attending the The 21st General Assembly and 77th & 78th Council Meetings of The Asian Patent Attorneys Association (APAA), held in Kuala Lumpur, Malaysia, from 6 to 10 November 2025 — a valuable forum for sharing insights and strengthening collaboration in the field of Intellectual Property from World IP Lawyers. APAA2025 #AsianPatentAttorneysAssociation #IntellectualProperty #IPLaw #InnovationAndCollaboration #KualaLumpur2025 #InternationalConference #IntellectualPropertyRights #advocate #iplaw #iplawyer #ipconsultant #patent #trademark #industrialdesign #copyright #tradesecret #licensing #franchising #prosecution #lawenforcement #law #legal #winartaippractice #lawfirm #ipfirm #IPProfessionals ...

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21 October
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Constitutional Court Decision No. 132/PUU-XXIII/2025: Adjustment to the Time Limit for Termination of Employment (PHK) Claims

Posted by FWP Alam Sutera Office
in Alessandra Patricia Wijaya, Hukum, News

On 17 September 2025, the Constitutional Court of Indonesia (“the Court”) rendered Decision No. 132/PUU-XXIII/2025 reviewing the constitutionality of Article 82 of Law Number 2 of 2004 on Industrial Relations Dispute Settlement (“Law No. 2/2004”). The provision had previously been interpreted in Constitutional Court Decision No. 94/PUU-XXI/2023, which held that the claims of termination of employment (Pemutusan Hubungan Kerja or PHK) should only be filed within a period of one year from the date the decision of termination is received or notified by the employer. The judicial review petition was filed by an employee who had been dismissed. The Petitioner argued...

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21 October
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Frans Winarta & Partners Prevails in Re-Litigation Case Before the Indonesian Supreme Court

Posted by FWP Kelapa Gading Office
in Achievements, Frans Hendra Winarta, Harri Budiman, I Gusti Putu Gandhi Nananjaya, Jeniffer Queenstanti, News

We are pleased to announce a notable achievement by the Dispute Resolution Team of Frans Winarta & Partners. We have successfully represented our client, a leading Singaporean telecommunications company, in a re-litigation lawsuit against a private Indonesian company in the telecommunications sector before the Central Jakarta District Court. Under the strategic leadership of our Senior Partner, Mr. Harri Budiman, together with our Senior Associate, Mr. I Gusti Putu Gandhi Nananjaya, our Middle Associate Ms. Jeniffer Queenstanti, and our other dedicated associates, our team guided the client through this complex cross-border dispute. After a lengthy process, the Indonesian Supreme Court ruled in favor...

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14 October
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Frans Winarta & Partners Secures IDR 30 Billion Victory in Complex Construction Dispute

Posted by FWP
in Achievements, Frans Hendra Winarta

We are pleased to announce a notable achievement by the Dispute Resolution Team of Frans Winarta & Partners.Our dedicated team has successfully represented our client in a long-standing and complex construction dispute against a prominent Indonesian state university.Throughout the extensive proceedings, our team demonstrated unwavering perseverance, strategic advocacy, and high commitment to safeguarding our client’s interests. These efforts culminated in a decisive victory, with our client securing damages of more than IDR 30 billion.This achievement highlights our firm’s dedication to excellence and resilience in handling a complex dispute resolution matters. ...

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Need help for patent cases from filing, prosecution until grant as well as the maintenance of granted patents. Our other firm also handles applications for the registration of marks, copyrights and industrial designs and other cases of intellectual property rights.
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