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KPPU Regulation No. 4 of 2019
Makarim & Taira S., January 2020

The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”)...

The New Regulation on the Procurement of Goods and Services in the State-Owned Enterprises Sector
Makarim & Taira S., January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No...

New Regulation on The Types of Planned Businesses and/or Activities which Require an Environmental Impact Assessment
Makarim & Taira S., January 2020

The Minister of the Environment and Forestry (“MOEF”) has issued Regulation No. P.38/MENLHK/SETJEN/KUM.1/7/2019 on The Types of Planned Businesses and/or Activities Plans which Require an Environmental Impact Analysis (“Reg 38/2019”), which came into effect on 5 September 2019. Reg 38/2019 replaces Regulation No. 05 of 2012 on the same matter...

Reading the Tea Leaves for 2020
TSMP Law Corporation, January 2020

Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN...

New Regulation on E-Commerce
Makarim & Taira S., December 2019

After five long years since the issuance of Law No.7 of 2014 on Trade (the "Trade Law"), the Government of Indonesia finally issued an implementing regulation on e-commerce on 20 November 2019, through Government Regulation No. 80 of 2019 on Trade through the Electronic System ("GR 80/2019"). This regulation is part of the Government's efforts to encourage internet-based transactions and trading as part of making Indonesia 4.0. GR 80/2019 has 19 chapters and an extensive scope...

Omnibus Draft Bills to be Submitted to the House of Representatives
Makarim & Taira S., December 2019

Following the discourse of the upcoming omnibus law, the government recently announced that it will submit omnibus draft bills on job creation (“Omnibus Law on Job Creation”) and taxation (“Omnibus Law on Taxation”) to the House of Representatives soon.Omnibus law has become an emerging issue ever since it was mentioned during the President’s inauguration speech on 20 October 2019...

An Introduction to the Proposed Omnibus Law
Makarim & Taira S., December 2019

According to the World Bank’s 2019 Doing Business index, Indonesia sits in 73rd position overall out of 190 countries in terms of ease of doing business. President Joko Widodo has set as a target increasing Indonesia’s ranking to 40th position. To boost investment and ease of doing business in Indonesia, in his inauguration speech on 20 October 2019, President Joko Widodo introduced the idea of enacting an Omnibus Law...

The Ministry of Public Works & Housing Revokes The Regulation on Guidelines on Licensing Services for Foreign Construction Business Entities
Makarim & Taira S., December 2019

As part of President Jokowi Widodo’s plan to issue “investment friendly” regulations, the Ministry of Public Works and Housing (“MPW”) revoked MPW Regulation No. 09/PRT/M/2019 on Guidelines on Licensing Services for Foreign Construction Business Entities (“MPW Reg 9/2019”) on 18 November 2019 under MPW Regulation 17/PRT/M/2019 (“MPW Reg 17/2019”)...

Say Hello to Renminbitcoin
TSMP Law Corporation, December 2019

Will the release of its digital currency be China’s next salvo in its bid for world domination?One of the biggest developments in global finance has recently occurred, but not enough people are talking about it. It features technology, money and a battle between global superpowers...

Regulation on Electronic Licensing in the Financial Services Sector
Makarim & Taira S., December 2019

To improve the effectiveness of integrated licensing in the financial services sector, the Financial Services Authority (Otoritas Jasa Keuangan–“OJK”) introduced an electronic licensing system to integrate all licensing in the financial services sector. OJK Regulation No. 26 / POJK.01 /2019 on Electronic Licensing within the Financial Services Sector (“POJK No. 26/2019”) came into effect on 28 October 2019...

Not All Disruptors are Unicorns
TSMP Law Corporation, December 2019

Some are just donkeys with a horn.I will remember 2019 as the year when many unicorns were exposed as donkeys in disguise.Invoking the rarity and mystique of the mythical creature, a “unicorn” is the term the financial market coined for companies worth US$1 billion or more. The year opened with high hopes for such companies that sought an initial public offering (IPO) in the following months...

New Powers to be Introduced to Overseas Investment Rules
MinterEllisonRuddWatts, November 2019

Associate Finance Minister, the Hon. David Parker, has announced further changes to the Overseas Investment Act (the Act). The changes signalled include: National interest test A new national interest test would grant the Minister power to decline an application where the Minister considers the investment not to be in the national interest. The Hon...

New Regulation on Location Permit
Makarim & Taira S., November 2019

Over the past years, the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency (“Minister”) has issued several regulations on location permits due to the progressive system established by the government for the efficiency of investments and licensing. After the Online Single Submission (“OSS”) system became applicable, the Minister issued Regulation No...

Greater Reforms for Promoting Work-Life Balance
Lee & Ko, November 2019

 On 1 October 2019 significant changes to the Gender Equality Employment and Work-Life Balance Support Act came into force, including to employees' rights to paternity leave and reduced working hours for child and family care...

Pollution of the Solution?
TSMP Law Corporation, November 2019

Amid the noise, vitriol and spectacle, the real debate that we need to have about climate change has been drowned out. In the past few weeks, I have followed with much interest a Swedish child activist’s barely concealed yearning for the Nobel Peace Prize. Sadly, Greta Thunberg, famous for her tirades on climate change, did not win the award, despite her widely watched zero-emission Atlantic crossing in a hydro- and solar-powered yacht to address the UN General Assembly...

The New Amendment to the KPK Law: Newly Passed Bill
Makarim & Taira S., October 2019

By the enactment of Law No. 30 of 2002 on The Corruption Eradication Commission, which was later amended by Government Regulation in lieu of Law No. 1 of 2015 on Amendments to Law No. 30 of 2002 on The Corruption Eradication Commission (“KPK Law”), the KPK was formed in 2002 in order to reduce the corruption prevalent in Indonesia...

New KPPU Regulation on Merger Filings - Simplification Yet Some Clarity is Needed
Makarim & Taira S., October 2019

The Indonesian Business Competition Supervision Commission (Komisi Pengawas Persaingan Usaha – “KPPU”) recently introduced a new regulation on merger filings, KPPU Regulation No. 3 of 2019 on Assessments of Mergers or Consolidations of Business Entities or Acquisitions of Shares in Companies which might Result in Monopolistic Practices and/or Unfair Business Competition (“New Regulation”)...

New Government Regulation on Organization of Electronic Systems and Transactions
Makarim & Taira S., October 2019

The Government of Indonesia finally issued Government Regulation No. 71 of 2019 on Organization of Electronic Systems and Transactions ("GR 71/2019") on 4 October 2019, gaining momentum as the country sees the rise of ‘Unicorns’ and President Joko Widodo boasting about the country’s digital economy. GR 71/2019 replaces Government Regulation No. 82 of 2012 with the same title and came into force on 10 October 2019. GR 71/2019 has 11 chapters and an extensive scope...

Latest Amendment to the Procedure for the Resolution of Small Claims Lawsuit
Makarim & Taira S., October 2019

On 6 August 2019, the Supreme Court (“SC”) issued Regulation No. 4 of 2019 (“SC Reg 4/2019”), amending the previous regulation, SC Regulation No. 2 of 2015 on the Procedure for the Resolution of Small Claims Lawsuit (“Previous Regulation”). SC Reg 4/2019 came into force on 20 August 2019. In general, SC Reg 4/2019 provides more optimal and effective regulation than the Previous Regulation...

New Indonesian Franchise Regulation Relaxes Certain Requirements
Makarim & Taira S., October 2019

Franchising has become one of the most prominent business models in recent years, particularly in sectors such as food & beverage (F&B), education, fashion and modern lifestyle. The Indonesian franchise regime began in 1997, but has changed several times since then, the latest being under Minister of Trade Regulation No. 53/M-DAG/PER/8/2012 on the Implementation of Franchises as amended by Minister of Trade Regulation No. 57/M-DAG/PER/9/2014 (“Regulation 53”)...

Starting A Company? 3 Key Corporate Secretarial Services You Will Need
BoardRoom Limited, October 2019

Whether you are starting a new company or expanding your presence to Singapore with a new office, there are certain sets of rules and regulations that need to be followed. One of the key requirements of new companies in Singapore is the need to appoint a qualified corporate secretary within 6 months of registration with the Accounting and Corporate Regulatory Authority (ACRA)...

Regulation on Integrated Mortgage Services through Electronic Systems
Makarim & Taira S., October 2019

In order to improve mortgage services to achieve among other targets, disclosure, punctuality, simplicity and affordability as well as to adapt them to the development of laws, technology and public needs, the government has issued Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency (“MOA”) Regulation No...

The Requirement to Use the Indonesian Language is Regulated Further
Makarim & Taira S., October 2019

Background After ten long years of the issuance of Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem (“Language Law”), the Government of Indonesia has finally issued an implementing regulation of the Language Law, ie Presidential Regulation No. 63 of 2019 on the Use of the Indonesian Language (“PR 63/2019”). It came into effect on 30 September 2019.   Key provisions which may be relevant to businesses   a...

Indonesian Government Simplifies Outsourcing Requirements
Makarim & Taira S., October 2019

In early August 2019, the Indonesian Minister of Manpower amended Minister of Manpower and Transmigration Regulation Number 19 of 2012 on The Requirements for Outsourcing (“MOMR 19/2012”) by issuing Minister of Manpower Regulation Number 11 of 2019 on the Second Amendment to Minister of Manpower and Transmigration Regulation Number 19 of 2012 on The Requirements for Outsourcing (“MOMR 11/2019”)...

Sustainability Reporting: To What End?
TSMP Law Corporation, October 2019

Activists and government leaders are sounding the death knell for our planet unless something is done about climate change. But while sustainability is important, sustainability reporting may not be the answer. In a headline-hogging speech at the UN last month, 16-year-old environmental activist Greta Thunberg berated politicians and business people for doing too little to arrest climate change, ruining the globe for future generations. High-profile scandals back up her claim...

 

 

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