RAHMAT BASTIAN

RAHMAT BASTIAN, born Jakarta, Indonesia, May 9; admitted, 1997, Indonesia. Education: Faculty of Law, University of Indonesia (S.H., Economic Activities Laws); Faculty of Social and Political Sciences, University of Indonesia (Advance Diploma on Taxation and Applied Accounting, cum laude); Harvard University, Cambridge MA, USA (Summer Program, Legal Writing, Banking and Financial Institutions); Robert Kennedy University, Zurich, Switzerland (Post Graduate, International Tax Laws); Chartered Institute of Arbitrators (Diploma in International Commercial Arbitration). Member: Inter-Pacific Bar Association (Vice Chair, Insolvency Committee); INSOL International (Vice Chair, Small Practice Membership Issues Committee); World Jurist Association; Indonesian Bar Association (Chair, Foreign Affairs Department). Publication: “Legal Documentation at the Commercial Court and for Receiver / Administrator” (Reference Book, 1999); “Bankruptcy: Case and Procedure” (IBA – Asia Pacific Forum Newsletter Vol. 8 No. 1, 2000); “Avoiding Bankruptcy Amicably in Indonesia” (IFLR – Nov 2000); “Bank Secrecy and Tax Audit” (IBA – Asia Pacific Forum Newsletter Vol. 10 No. 1, 2001); “Indonesia: a domestic and international profile” (Euromoney – International Investment Review, 2004); “Dispute Resolution: Civil, Bankruptcy and Arbitration Procedural Rules” (Asia Law & Practice – Doing Business in Indonesia, 2004); “Structuring Sharia Finance in Indonesia” (IFLR – Structured Finance Yearbook, 2004); “M&A Rules” (Euromoney – Corporate Finance magazine, 2004); “Foreign Creditors Right Under Insolvency/Bankruptcy Proceeding in Indonesia” (IPBA Journal – No. 34, 2004); “How asset-backed securities work in Indonesia” (IFLR – The 2005 Guide to Structured Finance); etc. LANGUAGES: Indonesian and English. PRACTICE AREAS: Finance incl. Corporate Finance and Sharia Finance; Banking; Energy; Corporate; Debt Restructuring; Private Equity; Taxation; Merger & Acquisition; Real Property; International Arbitration; Insurance and Funds; Foreign Investment; Commercial Litigation; Tort Litigation; Bankruptcy and Insolvency; Liquidation and Dissolution.

Mr. Bastian is an Indonesian insolvency and restructuring expert who can negotiate clauses in insolvency or restructuring documentation or litigate and mitigate issues for debtors, shareholders, creditors, creditors’ steering committees, buyers or sellers, agents or arrangers. Since the establishment of the first Indonesian Commercial Court in 1998, he has been pursuing his clients’ right to survive in any situation of corporate and debt restructuring, in courts including the Supreme Court. His work for clients entails claims worth billion of dollars and he has represented foreign creditors in the Bakrie, Dharmala,Manulife, Daya Guna Samudera, Tri Polyta, APP, Makindo, Pakerin, Sekar Bumi and Polysindo proceedings.

Bastian has been invited to attend seminars and conferences as speaker, including at the 2003 Inter Pacific Bar Association (IPBA) conference in New Delhi, India, the 2004 IPBA conference in Seoul, Korea, the 2005 IPBA conference in Bali, Indonesia, the 2005 INSOL International congress in Sydney, Australia and the 2005 Legal Documentation for Sharia Financing conference in Kuala Lumpur, Malaysia. Bastian is also vice-chairman of the IPBA Insolvency Committee, has published articles in international journals such as IFLR (including as the Indonesian contributor to the international briefings section), International Bar Association Business Law Journal, Inter Pacific Bar Journal and International Business Lawyer. He was selected as the recipient at the 2002 MS Lin Scholars Award by the IPBA and as the 2002 Business Lawyer of the Year by one of Indonesia’s leading business company magazines. His commentaries on the bankruptcy law and commercial court reforms are often quoted by The Jakarta Post newspaper.

He has also trained insurance and pension fund businesses, oil and gas businesses, commercial court judges and police special investigators on aspects of insolvency, including cross-border insolvency and dispute resolution laws and their application. Currently, he is the managing partner of BT Partnership Law Firm, which specializes in finance and banking, including dispute resolution matters, corporate and debt restructuring and taxation. On many aspects of Indonesian law issues, he has also served as expert witness or provided and affidavit to support cross-border litigation involving foreign courts.

Email: bastian@btplawfirm.com