Draft:Winita E. Kusnandar

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Winita Ekasari Kusnandar is an Indonesian lawyer.[1] and entrepreneur.

Early life and education[edit]

Winita was born in Solo, Central Java, Indonesia[2]. Despite early ambitions of joining the Women's Army Corps[3], 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[4].

Career[edit]

Winita began her legal career by interning at the law offices of Delma Yuzar[3]. She then briefly moved to the Notary offices of Kartini Muljadi[3] before joining the law offices of Adnan Buyung Nasution & Assosiates in 1977[5]. In 1980, she opened her own practice as Kusnandar & Co. and became affiliated with New York-based law firm, Coudert Brothers, and Washington-based law firm, Morgan Lewis & Bockius.

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[6]. For the first time in its history[2], 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[7]

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[8] which implemented automatic execution and implementation of decisions of foreign arbitration institution in Indonesia.

References[edit]

  1. ^ "Womens Obsession - Edisi 78 , 30 Juli 2021". myedisi.com. Retrieved 2024-03-20.
  2. ^ a b "The Best Indonesian Lawyers: Winita E. Kusnandar, SH, MBA, MCIArb". The Best Indonesian Lawyers. 11 January 2012. Retrieved 2024-03-20.
  3. ^ a b c "Ukir Prestasi, Bangun Reputasi". Ukir Prestasi, Bangun Reputasi. 2021-07-28. Retrieved 2024-03-19.
  4. ^ "Winita E. Kusnandar – Kusnandar & Co". Retrieved 2024-03-19.
  5. ^ Mardatillah, Aida. "Pebisnis Wanita yang Sukses Kelola Firma Hukum Korporasi". hukumonline.com (in Indonesian). Retrieved 2024-03-19.
  6. ^ Gautama, Sudargo; Wiknyosastro, Hanifa; Jatim, Fatmah (1993). "Recent Legal Developments in Indonesia". Singapore Journal of Legal Studies: 326–339. ISSN 0218-2173. JSTOR 24866651.
  7. ^ Tasliyah, Sofiatun (2019). "PENOLAKAN PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA BERDASARKAN ASAS KETERTIBAN UMUM". Digital Repository Universitas Lampung. Retrieved 2024-03-20.
  8. ^ "Machine Translation of 'Presidential Decree Number 34 In 1981' (Indonesia)". global-regulation.com. Retrieved 2024-03-20.

Category:People Category:Lawyers Category:Indonesia