Partner

Corporate Practice Group

Erwin Purba is a Founder and Partner in the Corporate Practice Group of Arifin, Purba & Firmansyah. 

 

Erwin Purba brings 28-years experience in Indonesia, South Asia, South East Asia and Australia. His principal areas of practice includes corporate and commercial, foreign investment, mergers & acquisitions, telecommunications, media and information technology (TMT), data protection, trade and general regulatory and compliance advisory work and commercial disputes. 

 

He has extensive legal experience from working for a major international law firm in Singapore, a leading Malaysian regional cross-media holding company and another established Indonesian law firm (including a secondment with a leading Australian law firm) and being partner in an Indonesian law firm.

 

His combined experience in both working in private practice (in Indonesia and overseas) and working as in-house counsel for a multinational organization (in Indonesia and overseas) has proven to be beneficial for the Firm’s clients, because of his insight of understanding what the client needs.

 

Erwin Purba has successfully assisted clients in a number of major debt restructuring involving the sale of major assets of the restructured companies, the acquisition and sales of shares and assets in companies in Indonesia and a number of high profile disputes.

 

Erwin Purba is a licensed Indonesian advocate (Peradi) and has published articles and spoken in seminars related to data protection laws.

 

Erwin also has significant experience in dealing with commercial disputes, in litigation, arbitration proceedings and undertaking investigations work, both in Indonesia and outside of Indonesia. Erwin’s experience includes:

 

(i) Partner at Arifin, Purba & Firmansyah, law firm.

(ii) Partner at IABF law firm, 2016 – 2020.

(iii) Special Counsel - DLA Piper law firm Singapore (2012 -2016), in Singapore and subsequent secondment to IAB&F law firm.

(iv) Regional international cross-media operator Astro All Asia Networks Plc – as Senior Counsel, in Kuala Lumpur Malaysia and Jakarta Indonesia (2005 – 2012).

(v) Makarim & Taira S. law firm – 1995 – 2005, which includes a one year secondment to Australian law firm Minter Ellison (Melbourne, Australia).

 

Samples of work experience includes the following:

 

Mergers & Acquisition and Joint Ventures

 

• Acting as in-house counsel for a regional cross-media operator in relation to its international joint ventures in multiple jurisdictions and providing general support in those joint venture operational issues. This includes joint ventures in India (in the content generation business, the directional media and online mobile media service sector, pay television and radio sectors) and in Australia (in the internet protocol television operations sector).

• Acting for a leading Malaysian plantations multinational company relating to the buyout of its partner in the palm oil Indonesian plantations and the current restructuring and re-financing of its Indonesian subsidiaries (in the palm oil plantations sector) and the current restructuring and debt to equity conversion of its Indonesian subsidiary operations.

• Acting for a local digital advertising company in relation to the proposed restructuring of shareholders, day to day operations and also litigation matters.

• Acting for Chinese fintech operator in relation to negotiations with partner for investment in a fintech peer to peer lending operations with a total issued.

• Acting for the shareholders of an Indonesian maternity and child hospital) for the sale of shares in and land.

• Acting for a foreign telecommunications device and handset / repairs operator in a proposed joint venture with an Indonesian cellular phone distributor.

• Acting as local counsel of a leading Hong Kong based logistics company in a joint venture with an Indonesian for a strategic holding in leading Indonesian logistics company.

• Advising an Italian distribution company in the acquisition of shares of an Indonesian licensed foreign investment company distributor.

• Advising a major international online portal in relation to the acquisition of shares from its minority shareholder.

• Advising a Chinese corporation in the Indonesian aspect of the acquisition of the target subsidiary (engaged in fire-fighting vehicles production).

• Advising a leading Hong Kong based logistics company in relation to the acquisition of a minority shareholding interest in an Indonesian logistics company.

• Advising a leading Hong Kong based logistics company in a joint venture with a major Indonesian transportation company for establishing a freight forwarding, courier service business. • Acting as a local counsel for a major freight forwarding and records management company in the Indonesian portion of the acquisition of shares, assets and business pertaining to the records management business in Indonesia.

• Acting for the sellers in relation to the sale of shares and assets of a child and maternity hospital in Indonesia.

• Advising on regional digital media company in relation to the purchase of shares owned by its minority shareholder and the restructuring of its Indonesian operations.

• Advising a digital online health advisory platform in relation to the establishment of its Indonesian operations.

 

Telecommunications, Media and Technology, Data Protection & Regulatory Issues

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• Working together with a foreign satellite operator in negotiations, coordination with the regulator and also licensing issues for obtaining the landing right and the radio station permit in Indonesia. 12

• Acting as counsel for a start-up pay Indonesian pay television operator in negotiating and finalizing all operational contracts and matters leading to the successful launch of its commercial operations.

• Acting as counsel for an Indonesian pay television operator in relation to licensing and regulatory issues in the areas of telecommunications and broadcasting law. This includes foreign satellite licensing issues and the migration of a multimedia telecommunications license into a broadcasting operations license.

• Working together with the regional pay television operators organisation Cable & Satellite Broadcasting Association of Asia (CASBAA), in various workgroups to promote the pay television industry growth, including working on work papers for submission to regional regulators.

• Acting as in-house counsel of a regional cross media operator in relation to the operations of its subsidiaries with third party business partners and vendors particularly in relation IT and technology, media, entertainment, vendor contracts, content and application agreements and leading the negotiations with its third party joint venture partners, including negotiations of joint venture agreements.

• Advising regional telco in relation to various Indonesian telecommunications licensing and regulatory issues. This also includes general advice on Indonesian corporate and commercial matters.

• Advising a Hong Kong based telco in relation to Indonesian telecommunications regulatory issues. This also includes general advice on Indonesian foreign investment issues.

• Advising a leading Indonesian telco on various Indonesian operational contracts and also licensing and corporate commercial issues.

• Advising a major European telco operator in all Indonesian investments, including restructuring of existing exposures under long term equipment supply agreements with Indonesian customers.

• Advising a leading GSM operator in relation to the negotiations with telecommunications vendors for the roll out of its network.

• Advising a leading South East Asia regional telco operator in relation to Indonesian regulatory issues for the roll out of its submarine cable network.

• Advising a Korean based telco vendor in relation to a telecommunications procurement contract with a leading Indonesian telecommunications operator.

• Advising a leading international media company in all Indonesian regulatory, operational contracts and legal issues to establish its production services operations in Indonesia. 

• Advising the group of a major international advertisement company in relation to its Indonesian advertising and media planning and buying operations. This includes advising on Indonesian regulatory law issues, its operational contracts and general corporate commercial law issues.

• Advising a leading Australian insurance company on Indonesian regulatory requirements relating to privacy law, data security law, data privacy, state secrets law and/or insurance regulation.

• Advising leading European dialysis equipment manufacturer on Indonesian data privacy/data protection issues.

• Advising a leading US telco operator on Indonesian regulatory issues relating to its proposed content delivery services operations under Indonesian telecommunications law. 

• Advising US telco operator on Indonesian regulatory issues relating to Machine to Machine services under Indonesian telecommunications law.

• Advising an international Swiss bank in relation to electronic trading and outsourcing operations under the Indonesian regulatory framework.

• Advising an international Swiss bank in relation to the outsourcing of contracted under the Indonesian regulatory framework.

• Advising a leading English bank and considering Indonesian regulatory law issues and advice on personal data.

• Advising to a US company in relation to OTT operations and regulatory issues in Indonesia.

• Advising an IT company in relation to their Indonesian subsidiary operations in Indonesia.

• Advising a US fund transfer operator in relation to regulatory issues in Indonesia.

• Advising a major offshore gaming operator in relation to various Indonesian regulatory law issues under Indonesian law.

• Advising the Indonesia Stock Exchange in relation to the preparation and negotiation of a License and Service Agreement for the stock exchange’s new and upgraded IT trading system with an IT vendor.

• Advising Baidu (a leading Chinese portal) in relation to the establishment of their Indonesian operations, their foreign investment company establishment, regulatory and issues and review of their various policies, contracts and all of its Indonesian operations. 

• Advising a pay television operator in relation to Indonesian regulatory issues in Indonesia.

• Advising a leading international airline in relation to Indonesia data protection issues.

• Advising a leading German pharmaceutical company in relation to data protection issues.

• Advising a major Japanese bank in relation to their data protection addendum as part of their Master Software License Services Agreement.

• Advising a major German automobile manufacturer as part of their international data protection regulatory advice.

• Advising a major British power generation and engine manufacturer company in relation to data privacy matters.

• Advising a major Swedish based engineering company in relation to data protection issues pertaining to their HR system.

• Advising a major social media operator on various privacy data protection law issues.

• Advising an online health and wellness portal on the establishment of their operations in Indonesia.

• Regulatory IT related advice on outsourcing of IT services by insurance related companies, for a major IT vendor.

• Advising on online contest games pertaining to data protection issues. • Advising on online sweepstakes and data protection issues.

• Advising an IT vendor relating to Indonesian regulatory issues on providing IT services to financial institutions in Indonesia.

• Advising an online health and wellness consultation portal on its operations in Indonesia.

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Disputes, Investigations and Insolvency

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• Acting for a listed Indonesian publicly listed company engaged Digital Cyber Security, System Integration & Information, Telecommunication System Integration as a responded in a BANI Indonesian arbitration proceeding, relating to a claim for non-payment in an IT supply contract.

• Advising a major foreign electronics retailer in relation to Indonesian law aspects and identifying the expert witness in relation to an Indonesian law governed joint venture dispute in a SIAC arbitration proceeding.

• Advising an international digital advertising company in relation to the insolvency, dissolution and liquidation of its Indonesian subsidiary.

• Acting for a local insurance company as the insurer and the defendant at an Indonesian District Court, relating to a lawsuit filed by the insured for an aircraft accident claim.

• Advising a high net-worth Indonesian individual in relation to a shareholder dispute, regarding the construction, operations and management of hotel blocks with a dispute value of IDR 1.2 trillion.

• Advising a panel of insurers in relation to a Contractor’s All Risk (CAR) construction insurance claim in Indonesia filed by the building owner relating to a building structural failure in Indonesia with a value of the claim being approximately IDR 1.2 trillion.

• Advising the lawyers of the insurer in relation to an aircraft collision in Indonesia and a potential claim and potential litigation.

• Representing an Indonesian construction company relating to a construction accident causing damage to a third party property.

• Advising a major Japanese construction company as defendant in relation to a joint venture dispute in Indonesia at the Indonesian court. This relates to Indonesian contract law, corporate law, licensing and regulatory law issues in a joint venture dispute and also proceedings in Indonesia pertaining to multiple lawsuits filed at the Central Jakarta District Court.

• Advising a major freight forwarding company in relation to a potential dispute regarding its records management contract with its customer.

• Working as in-house counsel and conducting investigation and managing criminal litigation proceedings in relation to a criminal investigations proceeding in India for the allegation of a quidpro-quo bribe.

• Conducting investigations of a major international fast moving consumer goods company in relation to the allegation of a bribe to health care workers.

• Acting for major Japanese EPC contractor in relation to considering operations of restructuring its business arrangements with its Indonesian partner.

• Advising the estate of an international copyright holder in relation to a lawsuit for copyright infringement in Indonesia.

• Acting for a hotel in relation to a potential liability claim for the death of a hotel guest, working together with the insurer. Compliance and Investigations Related Matters.

• Conducting investigations of a major international milk formula, infant nutrition company in relation to allegation of wrongdoings in Indonesia.

• Acting as in-house counsel in relation to criminal investigations inside and outside of Indonesia.

• Advising many multinational and local companies in relation to competition law compliance, antibribery law, manpower, foreign investment, insurance law, banking, capital markets, company law and foreign loan offshore reporting and miscellaneous compliance issues.

• Advising many multination and local companies in relation to general corporate law and also contract law drafting issues. Trade, Franchise, Distributorship, Agency Related Matters.

• Advising a major Japanese electronic retailer in relation to Indonesian regulatory advice on franchise matters, franchise registration and review of the franchise agreements.

• Advising a major English Premier League on Indonesian regulatory law issues pertaining to manufacturing, franchise and distribution arrangements in Indonesia.

• Advising a major Chinese web portal in relation to distribution arrangements in Indonesia.

• Advising a major ATM cash dispenser producer in relation to distribution arrangements in Indonesia.

• Advising a major US paint coating and chemical manufacturer in relation to distribution arrangements in Indonesia.

• Advising a Japanese refrigeration equipment company in relation to their operation in Indonesia. Data Protection & Regulatory Issues.

• Advising a leading international media company in all Indonesian regulatory, operational contracts and legal issues to establish its production services operations in Indonesia.

• Advising the group of a major international advertisement company in relation to its Indonesian advertising and media planning and buying operations. This includes advising on Indonesian regulatory law issues, its operational contracts and general corporate commercial law issues.

• Advising a leading Australian insurance company on Indonesian regulatory requirements relating to privacy law, data security law, data privacy, state secrets law and/or insurance regulation.

• Advising leading European dialysis equipment manufacturer on Indonesian data privacy/data protection issues.

• Advising a leading US telco operator on Indonesian regulatory issues relating to its proposed content delivery services operations under Indonesian telecommunications law.

• Advising US telco operator on Indonesian regulatory issues relating to Machine to Machine services under Indonesian telecommunications law.

• Advising an international Swiss bank in relation to electronic trading and outsourcing operations under the Indonesian regulatory framework.

• Advising an international Swiss bank in relation to the outsourcing of contracted under the Indonesian regulatory framework.

• Advising a leading English bank and considering Indonesian regulatory law issues and advice on personal data.

• Advising to a US company in relation to OTT operations and regulatory issues in Indonesia.

• Advising an IT company in relation to their Indonesian subsidiary operations in Indonesia.

• Advising a US fund transfer operator in relation to regulatory issues in Indonesia.

• Advising a major offshore gaming operator in relation to various Indonesian regulatory law issues under Indonesian law.

• Advising a leading Chinese portal in relation to the establishment of their Indonesian operations, their foreign investment company establishment, regulatory and issues and review of their various policies, contracts and all of its Indonesian operations.

• Advising a pay television operator in relation to Indonesian regulatory issues in Indonesia.

• Advising a leading international airline in relation to Indonesia data protection issues.

• Advising a leading German pharmaceutical company in relation to data protection issues.

• Advising a major Japanese bank in relation to their data protection addendum as part of their Master Software License Services Agreement.

• Advising a major German automobile manufacturer as part of their international data protection regulatory advice.

• Advising a major British power generation and engine manufacturer company in relation to data privacy matters.

• Advising a major Swedish based engineering company in relation to data protection issues pertaining to their HR system.