Newsletter
Membership Termination of Social Security BPJS for Dissolved Companies
Jun 23, 2021
As stipulated in article 13 of Law No. 40 of 2004 concerning National Social Security System ('Law 40/2004'), employer(s) must register themselves and their business for social security programs related to manpower to the Social Security Administrator (Badan Penyelenggara Jaminan Sosial / 'BPJS'), which requires them to contribute a certain amount of money for their employee's insurance/social securities. This obligation is mandatory and cannot be waived. Those programs are Work Accident Security (Jaminan Kecelakaan Kerja),
Should Algorithmic Decision-Making Be Regulated?
Jun 22, 2021
Algorithmic decision making is the use of knowledge generated by algorithms to make or inform decisions (Yeung, 2018:507). Example of algorithmic decision making is analyzing the likelihood of success of a new hire based on their resume.
Algorithmic decision making has several branches, but it can be distinguished between...
Electronic Contracts, the Malaysian Perspective
Jun 15, 2021
Abstract - Malaysia has provided numerous laws years ago to support the ICT developments. However, the adequacy of these laws are challenged. For instance, e-commerce law of Malaysia has been enacted many years back through different statutes. This study examines the adequacy of the Electronic Commerce Act of Malaysia as a case study to find out whether the present laws are comprehensive enough to support the...
Sanctions for Workers When Abusing Doctor's Note
Jun 09, 2021
Every worker/laborer has the right to a decent living, including being given leniency if the worker/laborer is sick. Article 81 point 40 of Law No. 11 of 2020 concerning Job Creation ("Omnibus Law") which amends Article 153 paragraph (1) letter (a) of Law No. 13 of 2003 concerning Manpower ("Manpower Law") prohibits employers from terminating employment relationships (layoffs) on the grounds that the worker is unable to come to work due to illness according to a doctor's statement as long as the period does not exceed 12 (twelve) months continuously. Based on these provisions, the prohibition....
Nanotechnology: Sketching the Next Big Thing in Malaysian Context
Jun 08, 2021
Realizing the limitless prospects of nanotechnology, many countries in the world, irrespective of size and economy, have been investing and allocating considerable amount of funding. Innovative initiatives are also taken at both public and private sphere. Over the years, Malaysia has successfully established its competence in electrical and electronic, and chemical sectors, where nanotechnology is very prospective. The government of
A Historical Overview of Nuclear Energy Regulations in ASEAN
Jun 02, 2021
The consistent rise in the prices of oil, coal, fossil fuels and on the other, the lack of natural gas reserves has indicated the struggle of ASEAN for energy demand, which is eventually going to persist in future. Consequently, due to the scarcity of fossil fuels, oil and natural gas resource, nuclear energy surfaces as a palatable strategic option for ASEAN's future development agenda. However, a successful nuclear power program entails an
Omnibus Law Employment Sector: Employment Termination Procedure
Jun 02, 2021
Following Law No. 11 of 2020 on Job Creation ("Omnibus Law"), the Indonesian government has enacted a number of regulations in Omnibus Law. One of the enacted regulations is Government Regulation No. 35 of 2021 on the Fixed-Term Contract, Outsourcing, Work and Resting Hours and Termination of Employment ("GR 35").
The GR 35 provide procedures for terminating employment. Article 36 of GR 35 states that the termination of ...
Formation of e-Contracts under Iranian Electronic Commerce Act
May 25, 2021
The time and place of formation of a contract comprise significant legal effects under the law of contracts. In case of electronic contracts, the determination of time and place of dispatch and receipt of an electronic message plays a significant role to determine the time and place of formation. The Electronic Commerce Act of Iran provides a number of provisions concerning the formation stage. The modification of the dispatch
Value-Added Tax in The Liquidation Process of A Company
May 25, 2021
Liquidation is the process of dissolving a limited liability company, accompanied by the sale of its assets to meet their outstanding payment obligations, and distribute the remaining balance to all shareholders.
Law No. 40 of 2007 concerning Limited Liability Companies ("Company Law") stipulates that the company liquidation can be caused by:
1. resolution of General Meeting of Shareholders ("GMS"). The GMS is a company organ other than the Board of Directors, and Board of Commissioners. Based on
New Minimum Requirements of Paid-Up Capital & Investment for Foreign Direct Investment (PMA)
May 19, 2021
On April 1st, 2021, the Investment Coordinating Board ("BKPM") had issued regulation No. 4 of 2021 concerning Guidelines and Procedures for Risk-Based Licensing and Investment Facilities ("BKPM Regulation 4/2021") following the changing approach related to licensing from a commitment-based system to risk-based system, as stipulated in Law No. 11 of 2020 concerning Job Creation. Though the above-mentioned regulation is mainly about government