Winita E. Kusnandar
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Winita Ekasari Kusnandar is an Indonesian lawyer.[1], entrepreneur and philanthropist known to be one of the pioneers of the legal industry having mentored numerous senior partners in Indonesia[2].
Early life and education[edit]
Winita was born in Solo, Central Java, Indonesia[3] and is the elder sibling of a younger brother. Despite early ambitions of joining the Women's Army Corps[4], she studied law and graduated from Parahiyangan Catholic University in Bandung in 1975 and became a member of the Indonesian Bar Association (PERADI) in 1979. She later undertook a Master's of Business and Administration (MBA) degree from the University of Leicester in 2002 as well as a post-graduate degree in Competition Law at the Kings College, London in 2004[5].
She obtained her Intellectual Property Rights consultant certification from the Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights in 2006[6]. She has also obtained licenses as a capital market consultant with the Indonesian Association of Capital Market Consultants in 1993[7], as an administrator and receiver in bankruptcy proceedings and a registered Arbitrator with the Singapore Arbitration Centre and the Chartered Institute of Arbitrators of England. She is currently undergoing a Doctorate program[8].
Career[edit]
Prior to graduating from Parahiyangan Catholic University, Winita began her legal career by interning at the law offices of Delma Yuzar[4]. She then briefly moved to the Notary offices of Kartini Muljadi[4] before joining the law offices of Adnan Buyung Nasution & Assosiates in 1977[9] where she was mentored by the likes of former Attorney General of Indonesia, Abdul Rahman Saleh, M. Assegaf and other senior Indonesian lawyers[10].
In 1980, she opened her own practice as Kusnandar & Associates[11], later changing the firm name to Kusnandar & Co. as it is known today[10], The firm regularly advises foreign clients and became affiliated with New York-based law firm, Coudert Brothers, and Washington-based law firm, Morgan Lewis & Bockius. She was recognized in the 2007 book written by Indonesian business author, Sudarmadi, as one of ten successful business people who started from scratch[12].
Having represented ED & F Man (Sugar) Ltd in the case ED & F Man (Sugar) Ltd v Yani Haryanto[13], Winita became known on the topic of enforcing foreign arbitration judgements in Indonesia contributing to many journals and authoring articles[14].
Kusnandar & Co. has since been recognized in most legal publications such as the Legal 500, Asialaw[15] and Asian Legal Business[16][17][18]. The firm is also listed as a recommended legal consultant on the website of the US Embassy to Indonesia[19] and regularly contributes to the World Bank[20][21][22].
ED & F Man (Sugar) Ltd v Yani Haryanto Controversy[edit]
In a landmark case, Winita, through her firm Kusnandar & Co., represented global sugar supplier, ED & F Man (Sugar) Ltd in a dispute against a local distributor at the Supreme Court of Indonesia[13]. For the first time in its history[3], the Supreme Court, led by Chief Justice of the Supreme Court Ali Said, enforced a foreign arbitration ruling in favor of ED & F Man (Sugar) Ltd under Supreme Court Execution Fiat Decision No1.Pen.Ex'r/Arb.Int/Pdt/1991 dated March 1 1991[23]
However, the Supreme Court Execution was later annulled by the Supreme Court itself by Supreme Court Decision No. 1205 K/Pdt/1990, December 14 1991 on grounds that the executorial title was only for the foreign arbitration award whereby the implementation and enforcement must still be subject to Indonesian Procedural Law. As a result, Supreme Court Execution Fiat Decision No1.Pen.Ex'r/Arb.Int/Pdt/1991 dated March 1 1991 was never enforced even after the Indonesian government ratified the 1958 New York Convention through Presidential Decree No. 34/1981[24] which implemented automatic execution and implementation of decisions of foreign arbitration institution in Indonesia.
Personal life[edit]
Winita is married to Architect and Real Estate developer, Heru Setiawan, and have 4 children.[10]
References[edit]
- ↑ "Womens Obsession - Edisi 78 , 30 Juli 2021". myedisi.com. Retrieved 2024-03-20.
- ↑ "Proceeding 15 Minutes Law Literacy: Strategi dan Tips Membangun Karir Sebagai Pengacara - EYR CLS" (in Bahasa Indonesia). 2023-09-03. Retrieved 2024-03-20.
- ↑ 3.0 3.1 "The Best Indonesian Lawyers: Winita E. Kusnandar, SH, MBA, MCIArb". The Best Indonesian Lawyers. 11 January 2012. Retrieved 2024-03-20.
- ↑ 4.0 4.1 4.2 "Ukir Prestasi, Bangun Reputasi". Ukir Prestasi, Bangun Reputasi. 2021-07-28. Retrieved 2024-03-19.
- ↑ "Winita E. Kusnandar – Kusnandar & Co". Retrieved 2024-03-19.
- ↑ "DB KKI - HASIL PENCARIAN". pdkki.dgip.go.id. Retrieved 2024-03-20.
- ↑ "Direktori Anggota – Himpunan Konsultan Hukum Pasar Modal". Retrieved 2024-03-20.
- ↑ "The Best Indonesian Lawyers: Winita E. Kusnandar, SH, MBA, MCIArb". The Best Indonesian Lawyers. 11 January 2012. Retrieved 2024-03-20.
- ↑ Mardatillah, Aida. "Pebisnis Wanita yang Sukses Kelola Firma Hukum Korporasi". hukumonline.com (in Indonesian). Retrieved 2024-03-19.CS1 maint: Unrecognized language (link)
- ↑ 10.0 10.1 10.2 Hidayat, Rofiq. "Kisah Firma Hukum Korporasi Awal '80-an". hukumonline.com (in Indonesian). Retrieved 2024-03-20.CS1 maint: Unrecognized language (link)
- ↑ abn (2022-03-22). "The Footprint of the '80s-90s Corporate Law Firm". ABNP Law Firm. Retrieved 2024-03-20.
- ↑ Sudarmadi (2007). 10 pengusaha yang sukses membangun bisnis dari 0 (in Bahasa Indonesia). Gramedia Pustaka Utama. ISBN 978-979-22-3365-0. Search this book on
- ↑ 13.0 13.1 Gautama, Sudargo; Wiknyosastro, Hanifa; Jatim, Fatmah (1993). "Recent Legal Developments in Indonesia". Singapore Journal of Legal Studies: 326–339. ISSN 0218-2173. JSTOR 24866651.
- ↑ "Indonesia" (PDF). 2023-10-01.
- ↑ "Indonesia". asialaw. Retrieved 2024-03-20.
- ↑ "ALB Asia IP Rankings 2023 | Asian Legal Business". www.legalbusinessonline.com. Retrieved 2024-03-20.
- ↑ "ALB Asia IP Rankings 2022 | Asian Legal Business". www.legalbusinessonline.com. Retrieved 2024-03-20.
- ↑ "ALB Indonesia Law Awards 2017 | Asian Legal Business". www.legalbusinessonline.com. Retrieved 2024-03-20.
- ↑ "Technical Difficulties" (PDF). id.usembassy.gov. Retrieved 2024-03-20.
- ↑ "Law firm Kusnandar & Co is building its full-service reach to entrepreneurs and Chinese in archipelago". South China Morning Post. 2018-07-04. Retrieved 2024-03-21.
- ↑ "Doing Business 2009 by World Bank Publications - Issuu". issuu.com. 2009-02-06. Retrieved 2024-03-21.
- ↑ "Doing Business 2014 by World Bank Publications - Issuu". issuu.com. 2013-11-04. Retrieved 2024-03-21.
- ↑ Tasliyah, Sofiatun (2019). "PENOLAKAN PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA BERDASARKAN ASAS KETERTIBAN UMUM". Digital Repository Universitas Lampung. Retrieved 2024-03-20.
- ↑ "Machine Translation of 'Presidential Decree Number 34 In 1981' (Indonesia)". global-regulation.com. Retrieved 2024-03-20.
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