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Omnibus Law Employment Sector: Employment Termination Procedure

Omnibus Law Employment Sector: Employment Termination Procedure

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

Formation of e-Contracts under Iranian Electronic Commerce Act

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

Value-Added Tax in The Liquidation Process of A Company

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)

New Minimum Requirements of Paid-Up Capital & Investment for Foreign Direct Investment (PMA)

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
Can Artificial Intelligence Technology Replace Judges in Deciding Legal Matters?

Can Artificial Intelligence Technology Replace Judges in Deciding Legal Matters?

The rapid development of artificial intelligence technology has led to predictions about the decline in the functions of many established professions, including that of the profession of judges. This paper questions whether such technology can substitute judges in deciding legal matters. Artificial intelligence technology assumes there are general patterns that will treat the same way for cases with similar characteristics (similia similibus).
Energy Revolution for Our Common Future: An Evaluation of the Emerging International Renewable Energy Law

Energy Revolution for Our Common Future: An Evaluation of the Emerging International Renewable Energy Law

Climate change poses profound threats to the Earth and its people. Its mitigation, therefore, demands common but differentiated actions with comprehensive and coordinated approach. The global community has pledged to mitigate various greenhouse gases in some international soft law instruments. Exploitation of renewables to generate energy
How to Stop Paying Tax After the Dissolution of Your Company

How to Stop Paying Tax After the Dissolution of Your Company

Firstly, you need to understand that dissolving your company doesn't mean that it has lost its legal entity status. To end a company's legal entity status a liquidation process needs to be conducted. Liquidation according to the Indonesian Dictionary is "the dissolution of the company as a legal entity that includes the payment of liabilities to creditors and distribute the remaining assets to shareholders."
Nanotechnology in Asia: A Preliminary Assessment of the Existing Legal Framework

Nanotechnology in Asia: A Preliminary Assessment of the Existing Legal Framework

Nanotechnology, often referred to as the next industrial revolution after internet, is an interdisciplinary study with limitless potential. It is claimed that nanotechnology is now at the stage where ICT and use of plastic were in 1960s and biotechnology was in 1980s. Already more than 2000 nano-enabled consumer products are in the market and the ILO predicts that by 2020, twenty percent of the products
Indonesian Omnibus Law: Simplification on Construction Services Licensing Procedures

Indonesian Omnibus Law: Simplification on Construction Services Licensing Procedures

Law number: 11 of the Year 2020, concerning Job Creation or commonly known as Omnibus Law, is one of the breakthrough bills aimed to boost economic and business activities and growth in Indonesia. One of the sectors majorly affected currently is the Construction industry. Though in 2018, the government had simplified licensing procedures and regulations for the said business activity with Government Regulation Number: 24 of the Year 2018 concerning Electronic Integrated Business Licensing Services, the Indonesian government
Omnibus Law: New Regulation on Employment of Foreign Workers

Omnibus Law: New Regulation on Employment of Foreign Workers

Following Law No. 11 of 2020 on Job Creation ("Omnibus Law"), the Indonesian government has enacted several implementing regulations of Omnibus Law. One of the enacted implementing regulations is Government Regulation No. 34 of 2021 on the Employment of Foreign Workers ("GR/34"). The issuance of GR/34 is a replacement of Presidential Regulation No. 20 of 2018 on Employment of Foreign Workers ("PR 20/2018"). The GR/34 stipulates that every employer of foreign workers is obliged to
Phishing in Asia: Are We Doing Enough?

Phishing in Asia: Are We Doing Enough?

Phishing and identity theft is emerging as one of the crimes of the 21st century. It is one of the fastest growing forms of Internet fraud. According to the U.S Federal Bureau of Investigation, phishing has become the hottest, and most troubling, new scam on the Internet. Credible estimates of the direct financial losses due to phishing alone exceed a billion dollars per year.1 Indirect losses are much higher, including customer service expenses, account replacement costs, ...
Religious Holiday Allowance 2021

Religious Holiday Allowance 2021

On 12 April 2021, Minister of Employment, Ms.Ida Fauziyah, issued a Circular Letter Number M/6/HK.04/IV/2021 concerning the Implementation of Religious Holiday Allowance 2021 for Workers in the Company ("Circular Letter 6/2021"), addressed to governors throughout Indonesia. The provision of Religious Holiday Allowance (i.e., Tunjangan Hari Raya or as it is commonly known "THR") for workers is an effort to meet the needs of workers and their families for celebrating religious holidays. The Indonesian Government is officially requiring state-owned and private corporations to fully
Nanofood: Legal and Regulatory Challenges

Nanofood: Legal and Regulatory Challenges

ABSTRACT - Nanotechnology will have a significant impact on food production in a variety of ways, both directly and indirectly. The growth and complexity of nanotechnology in food applications poses new challenges for the existing food regulation as well as the regulatory authority. This article seeks to examine the legal and regulatory challenges posed by the nanotechnology applications in the food industry. This article reviews some of the relevant legislation in the U.S. and E.U.
Goverment Reopens Raw Mineral Export

Goverment Reopens Raw Mineral Export

Indonesia is rich in natural resources, and one of them is nickel which is the raw material for the manufacture of lithium batteries in electric cars. Nickel is one of the prime mining commodities forecasted to experience a supercycle phase, due to the massive growth of electric vehicles in the future. The high demand for nickel-based commodities might impact the price increase of this mining commodity. This scenario is highly profitable for Indonesia as a country, and the opportunity should be well utilized. Before the outbreak of Covid-19, the government allowed exports of...
Retention of Communications Data: A Bumpy Road Ahead

Retention of Communications Data: A Bumpy Road Ahead

The EU Electronic Privacy Directive 20021 requires Member States to ensure the confidentiality of communications. In particular, Member States shall prohibit listening, taping, storage or other kinds of interception or surveillance of communications.2 The communications service providers are obligated to delete all traffic data no longer required for the provision of a communications service.3 Yet, ...
Indonesian Omnibus Bill: Implementation Regulation related to spatial Planning and Settlement of Differences

Indonesian Omnibus Bill: Implementation Regulation related to spatial Planning and Settlement of Differences

In 2020 the Indonesian government formulated a law that was considered a breakthrough in advancing the domestic economy, namely the Omnibus Bill. The Omnibus Bill amended many regulations, which was previously a non-conducive environment for doing business in Indonesia. One of the regulations amended in the omnibus bill is the regulation on spatial planning and zoning...
Malaysian Blockchain Regulatory Reports: A Research Report Prepared by the University of Malaya

Malaysian Blockchain Regulatory Reports: A Research Report Prepared by the University of Malaya

In the era of the digital revolution, the only constant is change. Where once we had a personal computer in every household, now we have a smartphone in each of our hands. Where once the Internet was a wilderness explored under the cloak of...
Omnibus Law: New Regulation on Definite Period Employment Agreements

Omnibus Law: New Regulation on Definite Period Employment Agreements

Amid the COVID-19 Pandemic, we have been receiving queries from our clients with regard toemployment contract issues. One of the most frequently asked questions is about the definite period employment agreements. In businesses, such as drilling services, construction , or any other companies having businesses based on projects , the definite period employment contracts are the most preferable. Following Article 59 par. 3 of Law No. 13 of 2003 concerning Manpower...