Newsletter

Updated Provisions on Electrical Charging Infrastructure for Battery-based Electric Vehicles in Indonesia

Updated Provisions on Electrical Charging Infrastructure for Battery-based Electric Vehicles in Indonesia

To accelerate the battery-powered electric motorized vehicles ("Electric Vehicles") program and the provision of charging infrastructure, the Minister of Energy and Mineral Resources has issued Regulation No. 1 of 2023 on the Provision of Electrical Charging Infrastructure for Battery-powered Electric Motorized Vehicles ("Regulation 1/2023") as a fundamental regulation in Indonesia. Consequently, the previous legal...
Companies Shall Provide the THR No Later Than Seven Days Before Eid Al-Fitr 2023

Companies Shall Provide the THR No Later Than Seven Days Before Eid Al-Fitr 2023

The Religious Holiday Allowance or Tunjangan Hari Raya (THR) is a mandatory bonus payment for employees in Indonesia before religious holidays, such as Eid al-Fitr or Christmas. The payment is intended to help employees celebrate the holidays and cover their expenses during the festive season.
Are Non-solicitation and Non-competition Clauses in Employment Agreements Necessary in Indonesia?

Are Non-solicitation and Non-competition Clauses in Employment Agreements Necessary in Indonesia?

There are clauses in employment agreements that are often included, namely confidentiality, non-solicitation and non-competition clauses. The purpose of these clauses is to avoid unfair competition and attempts to create competitors or having former employees take advantage of the company's data, information and customers.
Ratification of the New Indonesia Criminal Law

Ratification of the New Indonesia Criminal Law

On 2nd January 2023, the Indonesian Criminal Code was finally ratified into Law Number 1 of 2023 concerning regulation in Indonesia ("Law 1/2023"). The objective of enacting Law 1/2023 is to replace Law Number 1 of 1946 concerning Criminal Regulation ("Law 1/1946"), which was notable as the colonial Criminal Code. Article 622 Paragraph (1) of Law 1/2023 stipulates that after the Law 1/2023 comes into effect, Law 1/1946 shall be revoked. The ratification of Law 1/2023 marks the beginning of the transition to the new era of Indonesian criminal law.
Indonesia Customs and Excise Activity Guarantee Rules Change Starting in 2023

Indonesia Customs and Excise Activity Guarantee Rules Change Starting in 2023

The government changed the provisions regarding guarantees in the context of customs and excise activities. Minister of Finance Sri Mulyani Indrawati issued Minister of Finance Regulation No. 168/PMK.04/2022 concerning Guarantees in the Context of Customs and Excise Activities ("PMK 168/2022") regarding guarantees in the customs framework that took effect on January 1, 2023. This was done to improve services to the public and ensure legal certainty for the user in the field of customs and excise.
Setting Up a Foreign Investment Company in Indonesia with One Shareholder - Is it Possible

Setting Up a Foreign Investment Company in Indonesia with One Shareholder - Is it Possible

The Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation has amended Law Number 40 of 2007 on Limited Liability Company ("Law 40/2007"). The amendment has introduced new provisions on the requirements for the establishment of a limited liability company, including the shareholders' requirements. Before the amendment, Law 40/2007 stipulated that a limited liability company must be established by at least two shareholders. However, after the amendment, Article 7 jo. Article 153A (1) Law 40/2007 allows for the establishment of a company by only one shareholder, but only if the company...
Transfer Pricing Document (TP Doc) Regulation: Mandatory for Companies Involved in Affiliate Transaction in Indonesia

Transfer Pricing Document (TP Doc) Regulation: Mandatory for Companies Involved in Affiliate Transaction in Indonesia

It is very common for a foreign investor to provide a capital loan to its subsidiary company in Indonesia. Pursuant to the tax issues on such transactions, Action Plan 13 has been implemented as a regulation in Indonesia. It is part of the Base Erosion and Profit Shifting (BEPS) Action Plans. In order to make investment to Indonesia easier, the Ministry of Finance has enacted Minister of Finance (PMK) Regulation Number 213/PMK.03 / 2016...
Provision Of Fraud Against Creditors Stipulated Under  the New Indonesian Criminal Code

Provision Of Fraud Against Creditors Stipulated Under the New Indonesian Criminal Code

Frauds against creditors discussed in the new Indonesian Criminal Code are against a creditor who is facing bankruptcy. Before the enactment of Law No. 1 of 2023 on the Criminal Code ("New Criminal Code") of law in Indonesia, the criminal provisions in bankruptcy have been stipulated in Law No. 1 of 1946 on Criminal Regulations ("Old Criminal Code") of regulation in Indonesia. In the Old Criminal Code, the criminal provisions on bankruptcy are stipulated in Chapter XXVI under the title Acts Detrimental to Debtors or People Who Have Rights, whilst in the New Criminal Code, they are stipulated in Chapter XXVIII under the title Crime Against Confidence in Conducting a Business. The acts qualified as fraud in the New Criminal Code are still the same as stipulated in the Old Criminal Code.
Mining Downstream Policy in Indonesia

Mining Downstream Policy in Indonesia

Indonesia is blessed with an abundance of natural resources in the form of mineral commodities such as copper, tin, nickel, bauxite, iron, etc. To maximize the state's revenue, business actors are allowed to export these commodities and the Indonesian Government, through regulation in Indonesia, has consented to a downstream mining policy.
Mandatory Annual Mining Activity Report in Indonesia

Mandatory Annual Mining Activity Report in Indonesia

Each and every company is required to tally up their business activity annually for the purpose conveying data and information about their company's activities. Article 178 of Indonesian Government Regulation No. 96 of 2021 regarding Implementation of Mineral and Coal Mining Activities ("GR 96/2021") states that the holder of a Mining Permit or Izin Usaha Pertambangan (IUP),..
2022 Year in Review Widening the Human Rights Aperture for ISDS

2022 Year in Review Widening the Human Rights Aperture for ISDS

This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year. As we emphasized last year, developments at this intersection continue directional trends from prior years, but also converge
The Blocking of Corporations that Have Not Reported Their Beneficial Ownership in Indonesia

The Blocking of Corporations that Have Not Reported Their Beneficial Ownership in Indonesia

According to Presidential Regulation No. 13 of 2018 regarding the Implementation of the Principles of Recognizing Beneficial Ownership of Corporations to Prevent and Eradicate the Criminal Acts of Money Laundering and Terrorism Financing ("PR 13/2018"), each corporation is required to determine the Beneficial Ownership ("BO") of the corporation.
New Criminal Code: Ban on Extramarital Sex and its Impact on Business Tourism Sectors in Indonesia

New Criminal Code: Ban on Extramarital Sex and its Impact on Business Tourism Sectors in Indonesia

The law in Indonesia is dynamic and open for recodification, actualization and harmonization to local culture and customs. On 5th December, Indonesian lawmakers passed a new criminal code, heavily criticized by foreign news agencies for the ban on extramarital sex. The new criminal codes ("NCC") have led economists to note the potential negative impacts on investment in Indonesia, specifically in the tourism business sector as the law also applies to foreign tourists.
Ratification of the Indonesian Criminal Code Bill

Ratification of the Indonesian Criminal Code Bill

The Criminal Code or Kitab Undang-Undang Hukum Pidana (KUHP) is the foundation of the regulation in Indonesia that stipulates criminal acts, originating from Dutch colonial law, namely Wetboek van Strafrecht voor Nederlands-Indie, which has been in effect since 1918. The Criminal Code is a prominent principle of criminal law in Indonesia as the Criminal Code deals with criminal rules, violations and other regulations related to crime.
In Search of Civilization Uncovering Overlooked Manifestations of Homogeneity in International Arbitration Accent and Language

In Search of Civilization Uncovering Overlooked Manifestations of Homogeneity in International Arbitration Accent and Language

International arbitration professionals are a strikingly homogenous population, as our recent 360 degree overview demonstrated. The demographic markers typically used to arrive at this conclusion are age, race, gender and national origin. While these fundamental indicators merit continued interrogation and
Replacement of the Previous Job Creation Law in Indonesia

Replacement of the Previous Job Creation Law in Indonesia

Law Number 11 of 2020 on Job Creation ("Law 11/2020") was ratified on 2nd November 2020 as the applicable regulation in Indonesia. However, the implementation of Law 11/2020 became ineffective right after Indonesian Constitutional Court ("MK"), through MK Decision Number 91/PUU-XVIII/2020, deemed Law 11/2020 as conditionally unconstitutional. To tackle this concern, Indonesia's government contrived Indonesia Government...
Business Entity Certificate (Sertifikat Badan Usaha Or "SBU") Registration Procedure Under The Minister of Public Works and Housing Regulation No. 8 Of 2022 in Indonesia

Business Entity Certificate (Sertifikat Badan Usaha Or "SBU") Registration Procedure Under The Minister of Public Works and Housing Regulation No. 8 Of 2022 in Indonesia

Indonesia's Government strives to optimize licensing procedures for business entities through regulation in Indonesia, so licensing registration can be carried out quickly and precisely. Article 1...
Legal Compliance Assessment of the Malaysian Health Sector Through the Lens of Privacy Policies

Legal Compliance Assessment of the Malaysian Health Sector Through the Lens of Privacy Policies

Value of information privacy has changed over time. Hence a weak personal data protection legal system will increase the threats and damages to individuals, especially in case of sensitive data like health information. Considering increasing amount of incidents,