Newsletter

DPR Resmi Sahkan UU Perlindungan Data Pribadi

DPR Resmi Sahkan UU Perlindungan Data Pribadi

CNN Indonesia, Jakarta - Rapat Paripurna DPR secara resmi mengesahkan Rancangan Undang-Undang tentang Perlindungan Data Pribadi (RUU PDP) pada Selasa (20/9). Pengesahan itu diambil dalam Rapat Paripurna DPR ke-5 Masa Persidangan I Tahun Sidang 2022-2023. Rapat...
Tax Credits on Overseas Income of Domestic Taxpayers in Indonesia

Tax Credits on Overseas Income of Domestic Taxpayers in Indonesia

In the current era of globalization, international trade activities are a source of state income for the country. One of the essential aspects that needs to be considered by business actors in the field of international trade is taxation. In accordance with Law No.36 of 2008 jo. Law No.7 of 2021 ("Tax Law") of regulation in Indonesia, income tax is any additional economic capability received or obtained by the taxpayer, both from Indonesia...
Same Proposition, Different Outcome? Need for Harmonization for Evidentiary Standards

Same Proposition, Different Outcome? Need for Harmonization for Evidentiary Standards

In this post, we highlight three evidentiary issues—the matters of legal privilege, hearsay, and illegally obtained evidence—on which there is significant divergence between (and even within) the common law and civil law traditions. In light of these variations across jurisdictions, we recommend that arbitral centers
Electronic System Provider (PSE) Registration Provisions in Indonesia

Electronic System Provider (PSE) Registration Provisions in Indonesia

The blocking of Private Scope Electronic System Operators ("PSE") that missed the Ministry of Communication and Information's ("Kominfo") notice of the registration deadline resulted in several PSE's being blocked, including PayPal, on July 30th, 2022. As a result, the policy has sparked public outcry. In response, Kominfo announced a new approach to temporarily open the PayPal website and expects consumers who utilize PayPal services will be...
A Decade After the Personal Data Protection Act 2010 (PDPA):  Compliance of Communications Companies With the Notice and Choice  Principle

A Decade After the Personal Data Protection Act 2010 (PDPA): Compliance of Communications Companies With the Notice and Choice Principle

The massive and implausible advancements in the fields of information and communications...
Personal Data Protection Bill's Ratification in September: DPR

Personal Data Protection Bill's Ratification in September: DPR

Antaranews.com — Jakarta: The Personal Data Protection Bill (RUU PDP) can be ratified into law in September 2022 at the latest following the House of Representatives' (DPR's) session during the August-September 2022 period, a senior legislator stated.
Amendment to Smelter Licenses in Indonesia: Annulment of Special Operation Production Mining Business License for Implementation of Industrial Business License

Amendment to Smelter Licenses in Indonesia: Annulment of Special Operation Production Mining Business License for Implementation of Industrial Business License

In accordance with the government's program to promote the value of natural resource commodities and with the enactment of Law No.3 of 2020 concerning amendments to Law No.4 of 2009 ("Law 3/2020"), there has been a significant change in the licensing to carry out smelter operation business, especially smelter for nickel as a commodity. It is hoped that...
Labor Law Guide: What You Need to Know in the Event of a Labor Strike in Indonesia

Labor Law Guide: What You Need to Know in the Event of a Labor Strike in Indonesia

Regulations in Indonesia are very dynamic. This is to create ease for investment to Indonesia. Changes in regulations, specifically in the area of labor issues, can sometimes trigger a conflict between the employer and the laborers, leading to a strike. A strike is an action by laborers that is planned and carried out jointly and/or by a trade union/labor union to stop or slow down work. Strikes by laborers are thankfully not a regular occurrence, but...
Construction Equipment Ownership for Foreign Investment Construction Service Business Entities (BUJK PMA) and Construction Representative Offices (KP BUJKA) in Indonesia

Construction Equipment Ownership for Foreign Investment Construction Service Business Entities (BUJK PMA) and Construction Representative Offices (KP BUJKA) in Indonesia

Infrastructure investment has been identified as one of the key catalysts for unlocking a country's overall economic potential, promoting growth, creating jobs and reducing poverty. Efficient infrastructure is also needed to lower...
Construction Consortiums in Indonesia

Construction Consortiums in Indonesia

A consortium is a group of two or more individuals or companies that work together to achieve a common objective. Entities participating in a consortium pool resources but are otherwise only responsible for the obligations set out in the consortium's agreement. Therefore, every entity under the consortium remains independent regarding their normal business operations and has no say over another member's operations that are unrelated to the consortium. The law in Indonesia does not require using a particular standard form of agreement issued by a specific organization.
Revocation of Export Prohibition on Crude Palm Oil and its Derivatives in Indonesia

Revocation of Export Prohibition on Crude Palm Oil and its Derivatives in Indonesia

On June 8, 2022, the Ministry of Trade lifted the temporary export prohibition on Crude Palm Oil, Refined, Bleached and Deodorized Palm Oil, Refined, Bleached and Deodorized Palm Olein, and Used Cooking Oil ("CPO and its derivatives") commodities through Minister of Trade Regulation No. 30 of 2022 in conjunction with the Minister of Trade Regulation No. 39 of 2022 ("MoTR 39/2022"), which creates a positive outlook for investment in Indonesia.
Private-interest Terminal and Special Terminal Regulation in Indonesia

Private-interest Terminal and Special Terminal Regulation in Indonesia

Along with the economic developments in the Port sector, business owners can build special terminals to facilitate their business, such as a Special Terminal and Private-interest Terminal. Terminal and transportation infrastructure has a critical role in supporting business chains. Without the availability of decent transportation infrastructure, businesses will face many obstacles, i.e., delays in shipping goods.
Rejim Pengaturan Kontrak Komersial Internasional - Kontribusinya Bagi Modernisasi Hukum Kontrak Nasional

Rejim Pengaturan Kontrak Komersial Internasional - Kontribusinya Bagi Modernisasi Hukum Kontrak Nasional

Perkembangan dinamika perdagangan dan investasi transnasional dalam skala global, regional dan bilateral dengan berbagai bentuk transaksinya membutuhkan pengaturan yang mampu mengakomodasikan berbagai kepentingan para pihak yang terlibat di dalamnya. Berbagai kepentingan tersebut...
Employment Termination due to Urgent Violation in Indonesia

Employment Termination due to Urgent Violation in Indonesia

In some cases, termination of employment is carried out by employers immediately against employees who have committed grave wrongdoings without any warning letter ("Urgent Violation"). Typically, the terms and conditions for termination due to Urgent Violation are set under the Employment Agreements, Company Regulations, and Collective Labor Agreement. The most common questions from the employers...
Compensation Payment on the Change of Employment Agreement in Indonesia

Compensation Payment on the Change of Employment Agreement in Indonesia

The implementation of the Job Creation Law ("Omnibus Law"), which was enacted in 2020, has made a significant change to the law and regulation in Indonesia, including the Company Law, Investment Law in Indonesia, and the Indonesian Labor Law. The Job Creation Law makes it easier to attract foreign investment to Indonesia. Following to the Job Creation Law, the Government of the Republic of Indonesia has enacted Government...
Apostille, Foreign Public Document Legalization Service in Indonesia

Apostille, Foreign Public Document Legalization Service in Indonesia

The Ministry of Law and Human Rights has enforced the Apostille certificate since June 4, 2022 based on the Regulation of the Minister of Law and Human Rights No. 6 of 2022 concerning Apostille Legalization Services on Public Documents ("RM 6/2022"), which implements regulation of the Presidential Regulation No. 2 of 2021 concerning Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public...
Textual, Contextual, Good Faith, or Common Intent: The Need for a Baseline for Evidentiary and Interpretative Standards in International Arbitration

Textual, Contextual, Good Faith, or Common Intent: The Need for a Baseline for Evidentiary and Interpretative Standards in International Arbitration

Generally, the choice of substantive law applicable to a particular contract will affect the outcome of a case. It is common, however, for the evidentiary and interpretive rules to also have important implications for a case’s outcome. Arbitral rules leave such matters to a tribunal’s discretion that can be exercised in different ways
Flying to the Moon and Back - Five Things Luna Investors Should Known

Flying to the Moon and Back - Five Things Luna Investors Should Known

It has been described as the “Lehman Brothers” event of the crypto world and heralded to bring forth a cryptocurrency winter. The collapse of TerraUSD, one of the largest algorithmic stablecoins has sent shockwaves across the world. The stablecoin was not backed by fiat currency or financial assets, but by another token, Luna.