KJD Advises Perkumpulan Golf Ahmad Yani on Joint Operation Contract of the Golf Course

Ahmad Yani Golf Course is the second oldest golf course in Indonesia which located in Surabaya. It was established by the Dutch in 1898. Ahmad Yani Golf Course was named after General Ahmad Yani, the commander of the Indonesian Army who always played golf in the golf course during his visit in Surabaya. General Ahmad Yani was then killed in 1965 during 30 September movement. On the site of the golf course there is a monument to commemorate the heroism of the Indonesian Students Militia in combating the Dutch after WW II. There is also the location of the tombstone of F. J. Rothenbuhler, a VOC employee who then became the landowner of East Java and member of the Committee for Javanese Affairs appointed by Thomas Stamford Raffles, Lieutenant-Governor of British Java. Therefore, Ahmad Yani Golf course is one of the Surabaya’s heritage in accordance to the Major of Surabaya Decree No. 188.45/24/436.1.2/2009.

The golf course since 1965 is managed under Perkumpulan Golf Ahmad Yani (PGAY). The management of PGAY needs to improve the quality and develop the facilities of the golf course, then in 2012 PGAY held a tender to determine an investor who will be the partner to improve and develop the golf facilities. PT Bhakti Tamara was selected as the investor who will be the partner of PGAY to operate the golf course.

KJD is appointed by PGAY and PT Bhakti Tamara to assist the process of joint operation contract for managing the golf course. KJD will assist and advise on the matter of:
– Acquiring the legal entity status for PGAY, including preparing the articles of association;
– Setting up joint operation contract, including the establishment of the Operating Unit;
– Setting up bye-laws which regulates the internal relationship between the parties;
– Employment contract, including the regulation of transfer of the PGAY employees to the Operating Unit; and
– Membership of the golf course.
The transaction is quite complex, since in 2009 and 2013 PGAY tried to transfer the land possession to the Surabaya Municipal, in which now will be cleared in accordance to the prevailing laws.

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