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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,
An Introduction to the Indonesia Second-home Visa

An Introduction to the Indonesia Second-home Visa

The COVID-19 pandemic has caused a catastrophe for Indonesia's economy. Indonesia has been facing a recession since 2020, when the economic growth plunged to -2.07%. The recovery began in 2021, indicated by the surge of the economic growth. In 2022, the recovery has continued to be the focus for the Government of Indonesia, thus the government focusing on creating law in Indonesia and regulation in Indonesia that can make investment easier. However, the economic uncertainty for 2023 is haunting. Global economic growth is predicted to be slowed due...
Terminating the Electrical Steam Power Plant Under Presidential Regulation No. 112 of 2022 in Indonesia

Terminating the Electrical Steam Power Plant Under Presidential Regulation No. 112 of 2022 in Indonesia

The promulgation of the law in Indonesia by Presidential Regulation No. 112 of 2022 concerning the Acceleration of Renewable Energy Development for Electricity Supply ("PR 112/2022") is a sign that Indonesia will start implementing low-emission electricity projects to protect the environment. PR 112/2022 stipulates the Electric Supply Business Plan (Rencana Usaha Penyediaan Tenaga...
Paid-Up Capital Requirements for Existing Foreign Direct Investment Companies (PT PMA) Before the Enactment of Guidelines and Procedure for Risk-Based Licensing and Investment Facilities (BKPM) Regulation No. 4 Of 2021 in Indonesia

Paid-Up Capital Requirements for Existing Foreign Direct Investment Companies (PT PMA) Before the Enactment of Guidelines and Procedure for Risk-Based Licensing and Investment Facilities (BKPM) Regulation No. 4 Of 2021 in Indonesia

The Ministry of Investment/Indonesia Investment Coordinating Board (Badan Koordinasi Penanaman Modal or "BKPM") issued BKPM Regulation No. 4 of 2021 on Guidelines and...
Expansion Guidelines for Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan/"WIUP") and Special Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan Khusus/"WIUPK") for Mineral and Coal Conservation in Indonesia

Expansion Guidelines for Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan/"WIUP") and Special Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan Khusus/"WIUPK") for Mineral and Coal Conservation in Indonesia

The Minister of Energy and Mineral Resources, Arifin Tasrif, issued the Minister of Energy and..
2023 Adjustment of Minimum Wage for Workers in Indonesia

2023 Adjustment of Minimum Wage for Workers in Indonesia

A new year reflects business progress and continuity for both business actors and workers. Along with economic development in Indonesia, more job opportunities are open for the public and the wages of workers shall be at the standardized Minimum Wage. If business actors do not heed the wage provisions stipulated in the Minister of Manpower Regulation No. 18 of 2022 concerning the Determination of the 2023 Minimum Wage by law in Indonesia ("MoMR 18/2022"), then the sanctions are....
The Obligation to Register Fixed Term Employment Agreements in Indonesia

The Obligation to Register Fixed Term Employment Agreements in Indonesia

The Fixed Term Employment Agreement or Perjanjian Kerja Waktu Tertentu (PKWT) based on Indonesian government regulation, is regulated under Government Regulation No. 35 of 2021 on Fixed-Term Employment Contracts, Outsourcing, Hours Of Work, And The Procedure For The Termination Of Employment ("GR 35/2021"), which implements the Indonesian Job Creation Law under the government's effort to provide greater protection to employees (workers/labors)....
Key Points in the Minister of Health Regulation (PMK) No. 24 of 2022 on Medical Records in Indonesia

Key Points in the Minister of Health Regulation (PMK) No. 24 of 2022 on Medical Records in Indonesia

On 31 August 2022, the Ministry of Health of Indonesia issued the Minister of Health Regulation No. 24 of 2022 on Medical Records ("PMK 24/2022"). The PMK 24/2022 is a regulatory framework that functions as the implementation of the health technology transformation in Indonesia, which is Indonesia's sixth pillar of Health Transformation. The PMK 24/2022 has replaced the PMK No. 269 of 2008 on Medical Records. The main issues in the PMK 24/2022 are data storage and transfer, which are also subject to Law No.27 of 2022 concerning Privacy Data Protection ("PDP Law")....
The Importance of the Construction Safety Management System (SMKK) in Indonesia

The Importance of the Construction Safety Management System (SMKK) in Indonesia

On 2 February 2021, the government issued Indonesian Government Regulation No. 14 of 2021 as an amendment to Government Regulation No. 22 of 2020 on the Implementation of Law No. 2 of 2017 on Construction Services (Amended GR 22/2020). One of the most significant changes in Amended GR 22/2020 is regarding the Construction Safety Management System (SMKK).
A Brief Overview of the Indonesian Personal Data Protection Law

A Brief Overview of the Indonesian Personal Data Protection Law

President Joko Widodo officially ratified Law No. 27 of 2022 on Personal Data Protection (PDP Law) on 17 October 2022, which has been expected for a long time, ever since the first draft was released for public comment on 28 January 2020. Before the PDP Law was ratified, personal data protection regulation in Indonesia was not codified under a particular law. Instead, it was regulated in more than 30 different laws and regulations...
UU No.27 Tahun 2022 tentang Pelindungan Data Pribadi

UU No.27 Tahun 2022 tentang Pelindungan Data Pribadi

Presiden Joko Widodo resmi menandatangani UU No. 27 Tahun 2022 tentang Pelindungan Data Pribadi (UU PDP) pada 17 Oktober 2022. Aturan-aturan dalam UU PDP diterapkan bagi setiap orang, badan publik, dan organisasi internasional yang melakukan...
A Journey to PDP Law Compliance: Data Privacy Transfer in Indonesia

A Journey to PDP Law Compliance: Data Privacy Transfer in Indonesia

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses. Prior to the PDP Law, there was no protection for data privacy under the law...
Bankruptcy Process up to Auction Proceedings in Indonesia

Bankruptcy Process up to Auction Proceedings in Indonesia

In the commercial world, capital lending is a natural thing, as it is a driving force for companies to run, expand or maintain their business. However, it is also not uncommon for companies as debtors to neglect their obligations to pay, which causes creditors to file bankruptcy lawsuits against debtors. Article 2 Paragraph (1) Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment ("Law No. 37/2004") states that a debtor can only be stated....
Financial Services Authority (OJK) Sets Out Restrictions on New Business Actors in Indonesia

Financial Services Authority (OJK) Sets Out Restrictions on New Business Actors in Indonesia

The Financial Services Authority ("OJK") issued the OJK Regulation in Indonesia No. 10/POJK.05/2022 concerning Information Technology Based Collective Financing Services ("POJK 10/2022") which took effect on July 4, 2022, and revoked the Financial Services Authority Regulation No. 77/POJK.01/2016 ("POJK 77/2016"). The POJK 77/2016 was originally introduced to quickly respond to the Peer-to-Peer Lending (P2P Lending) industry...