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Spin-Off: Legal Due Diligence and the Employees' Golden Handshake



Companies evolve. They change and react to their individual needs and the needs of the market. A company unwilling to consider its options is a company unwilling to be strategically competitive. Hence, companies throughout the world may, for a myriad of reasons, elect to spin off a product or business into a wholly owned independent company. Under Art. 1 par. (12) of Law No. 40 of 2007 concerning Limited Liability Company ("Company Law"), a Spin-Off is defined as a 'Separation', a legal...

Madrid Protocol = Improvement on Trademark Protection



Indonesia officially became the 100th member of the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks (the "Madrid Protocol"), which was inaugurated at the 57th World Intellectual Property Organization (WIPO) General Assembly in Geneva on October 2, 2017. The process of inducting Indonesia into the Madrid Protocol was ratified by Presidential Regulation No. 92 of 2017. Three months after the accession text was received by WIPO, precisely on January 2, 2018, the Madrid Protocol became effective in Indonesia...

Indonesia's Construction Safety Committee: Important Updates



Whether in the middle of a construction project or preparing to begin one, it's vital to have the most current information on legal requirements. On 24 January 2018, The Ministry of Public Work (the "MOPW") issued Regulation No 02/PRT/M/2018 of 2018 (the "REG") concerning the amendment of MOPW Regulation No 05/PRT/M/2014 (the "REG05") regarding the Guidelines of Safety and Health Management for Public Construction Work. The amendment serves as the legal basis for the establishment of...

International Trade Disputes Settlement in WTO-A Brief Introduction



Schmitthoff defines 'International Trade Law' as: "- the body of rules governing commercial relationships of private law involving different nations". The scope of this law, according to Schmitthoff is as follows: 1) international sale and purchase; 2) securities; 3) laws concerning activities regarding the conduct of international trade; 4) insurance; 5) transportation by land and rail, sea, air, and/or inland waters; 6) industrial property; and 7) commercial arbitration. The World Trade Organization (WTO) is the only international organization that regulates international trade,...

Regular Legal Training at PT Shenhua Guohua Lion Power Indonesia (SGLPI)



Considering the fact SLF endeavors to keep our valued clients aware of and in compliance with applicable laws and regulations in their business activities, we were pleased to hold our regular Client Legal Training on November 23rd, 2018. As usual, the training was a success. The key issues we addressed were the recent developments in environmental law and respective regulations, waste management, compliance, and other permiting and licensing issues. We specifically prepared the training for...

Requirements Under the OSS System For Indonesia's Tourism Sector



Sunglasses-check. Beach gear-check. Leave the work laptop behind-check. There's no question Indonesia continues to attract beachlovers and adventure-seekers from across the globe. The impact of and dependency on tourism cannot be overstated in many areas of Indonesia's archipelago. In fact, tourism continues to be one of the most flourishing industries with new companies seeking to capitalize. The Indonesian Government launched new licensing procedure system in the middle of 2018: the Government Regulation No...

NEW ERA OF CONSUMER PROTECTION IN THE FINANCIAL SERVICES SECTOR



It's a new day. The development of technology in the financial services cannot be ignored and needs to be managed in order to provide maximum benefit to society. The financial sector needs to be directed to produce financial innovations that are responsible, safe, prioritize consumer protection, and have well-managed risk. Consumer Protection in the financial services sector is aimed at creating a reliable consumer protection system, improving consumer empowerment, and developing awareness among financial services practitioners...

STABILITY ATTEMPTED THROUGH THE MANDATORY USE OF RUPIAH



In today's constantly changing economic environment, it would be nearly impossible to find someone who doesn't know the significance of US President Benjamin Franklin: the face of the USD 100 dollar bill. While USD continues to be the most heavily traded currency throughout the world, Indonesia took a stand. The Indonesian Central Bank ("BI") Regulation No 17/3/PBI/2015 regarding the Mandatory use of Rupiah within the territory of Republic of Indonesia ("PBI") was enacted on 31 March 2015. The main purpose of...

DAAB Legality: What the 2017 Indonesian Construction Services Law



As skyscrapers erect, apartment buildings emerge, and infrastructure materializes all around Indonesia, one symptom of progress is certain: construction disputes. While best efforts are undoubtedly made to protect cross-border and domestic parties through proper contracts, discrepancies arise. The construction contracts for many international projects use a FIDIC (an international standard organization for consulting engineering & construction) construction-contract template as the basis. Parties then adjust the clauses in the template pursuant to their project's needs....

New OSS System Makes Business Licenses Easier Than Ever



When entrepreneurship in on the mind, the last thing anyone wants is a loss of momentum. Getting a business license shouldn't feel like walking in the sand when it comes to the paperwork involved. Great news! The Indonesian Coordinating Ministry for Economic Affairs already officially announced a new system in Integrated Licensing Services Electronics on Monday, 9 July 2018. This new Online Single Submission (OSS) launch is launched based on the Government Regulation Number 24 Year 2018...

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