We commonly hear about a class action lawsuit filed on the television or in the newspaper, but often, fail to understand the principle, mechanism and requirements that lay the foundations of a class action. A class action lawsuit is a type of procedure, whereby one or more individual(s) that represent a group of people file for an issue that possess similar facts or legal basis, in accordance set forth by Article 1 (a) Perma 1/2002. The individual(s) who represent the group are referred to as the 'class representative(s),' bringing the claim to the court on behalf of the group that are filing; these are ...

In parts of Indonesia, drinking is an inseparable part of the indigineous culture, playing a large role in cultural festivals and social gatherings. Traditional alcoholic beverages are often brewed in backyards, made by fermenting rice, sugar cane, and palm sugar, then flavoring with herbs. Some of the more notable drinks are Arak Bali (Balinese rice wine), Ciu (Javanese vodka), Tuak (Sumatran rice wine), and Saguer (Minahasan palm sugar fermented drink). Alcoholic beverages from outside Indonesia - such as...

The 2019 Dutch Model BIT is a refined version of the initial draft that the Dutch Ministry of Foreign Affairs published on 16 May 2018. This initial draft was subject to public consultation. Based on this input, the Ministry amended the draft. The amended draft was discussed in parliament, pursuant to which further changes, including on

According to the Indonesia Investment Coordinating Board (BKPM)'s report of the country's investment realization in Q1 2019, foreign direct investment increased relative to the same time period in 2018 - in part, driven by the increase in the number of foreign owned companies in Indonesia, the country saw a rise in the number of transactions and agreements entered. For many of these multinational companies, English is the preferred language of business, used in formal agreements and documentation. In Indonesia, Law No. 24 of 2009, concerning Flag, Language,...

Criminal cases are high risk legal issues. Often, they are disruptive to everyday business operations - companies are subjected to crippling fines, or public relations disasters. In Indonesia, proceedings for such cases are split into two stages: inquiry (penyelidikan), then investigation (penyidikan). In the inquiry stage, law enforcement officers try to establish whether a specific event actually constitutes a crime. If the event indeed constitutes a crime, an investigation, which includes the gathering of evidence and finding of suspects, will ensue...

In its simplest form, Hate Speech is a statement intended to demean and brutalize another. It is the use of cruel and derogatory language, gestures or vandalism often directed towards an individual or group. The Indonesian National Commission of Human Rights (Komisi Nasional Hak Asasi Manusia or Komnas HAM) defines Hate Speech as "any action and effort, either direct or indirect, committed based on hatred towards a tribe, religion, belief/faith, race, skin color, ethnicity, disability, and sexual orientation which are incitement against an individual or group of individuals to inispire discrimination...

Gift giving promotes the spirit of maintaining relationships in Indonesia. Often, it extends to both domestic and international travels: Indonesians who are returning from their travels will bring back oleh-oleh, which are gifts acquired from the destination for their families, friends, and colleagues. These gifts represent a token of friendship and care - however, gift exchange to an Indonesian public officer or civil servant may constitute itself as Gratification. The Indonesian law define Gratification as the act of giving money, goods, discounts, commissions, loans without interest, travel tickets, accommodations, treatment, and other facilities. These 'gifts' are ...

As part of our continuing professional development program, Schinder Law Firm invited Bjorn Turmann of Speaking Energy Co Ltd (Hong Kong) to deliver a workshop on public speaking for our lawyers and staff. However, we got more than we bargained for. Bjorn thinks 'public speaking' is so 20th century, he prefers 'storytelling'. Bjorn showed us the power of silence as communication tool, mastering the first 3 minutes, and how to use 'Scene Thinking' and the ARC methods-employed by Hollywood- in building our 'stories', i.e. the substance in any presentation....

One of our lawyers, Andri Rizki Putra was invited to share his views and knowledge as a key opinion leader representing Indonesia in the social entrepreneurship program held by Singapore International Foundation on March 20th through 24th. Rizki shared his experience in running a not for profit education institution Yayasan Pemimpin Anak Bangsa (YPAB) to more than 100 aspiring young social entrepreneurs from 31 countries. Outside his professional life as a lawyer, Rizki is an activist advocating equal access to education in Indonesia. Through YPAB, Rizki and...

A phone is no longer 'just' a phone today. From music to meal-planning, they can now add to our lives in a variety of ways. Of course, many people use smart phone technology to make payments for daily purchases such as food and beverages with a little something called a 'QR (Quick Response) Code'. Just scan the code on your smartphone screen and you are good to go with the tasty treats you are buying. The perks don't stop there-you will often also enjoy a discounted price or even cashback. The vendors who accept QR Code payments vary in business types and sizes, from fancy restaurants in big shopping malls to food stalls (warungs) behind your office building...

This article will examine Australia and Indonesia's laws, policies and regulations surrounding foreign direct investment (FDI) and whether each country is directing its focus towards protectionism or the liberalization of free trade and the opening up of borders. A discussion will be made concerning the positives and negatives of adopting protectionist policies and policies that embrace FDI. Australia sources approximately 20% of its capital flow from overseas 1 . This is significant, and I believe that if the Australian...

Who doesn't buy online? From toilet paper to washing machines, purchasing both luxuries and necessities from the convenience of our homes or offices is a daily occurrence. We spend millions each day with a simple 'click'. Technology undeniably plays a major role in our routine activities and affects countless aspects of the financial sector. Currently, the emergence of financial technology (fintech) and e-commerce makes business easier to conduct. No doubt, e-commerce garners more headlines since it is an important new feature of the global and national economy. The unconventional and distruptive nature of e-commerce has prompted the Indonesian government to...

Need a bodyguard? These days it feels like our companies need a 7-foot, muscle-clad personal security officer to shield us from the myriad of incoming bombs from all directions. It's not easy to completely anticipate what attacks may come our way. When it comes to guarding your company's trademark, no cursory measures will do. And in today's rapidly evolving e-commerce climate, it's no surprise how the Financial Technology (the "Fintech") market has shown a considerable amount growth, especially in Indonesia. As of December 2018...

Companies evolve. They change and react to their individual needs and the needs of the market. A company unwilling to consider its options is a company unwilling to be strategically competitive. Hence, companies throughout the world may, for a myriad of reasons, elect to spin off a product or business into a wholly owned independent company. Under Art. 1 par. (12) of Law No. 40 of 2007 concerning Limited Liability Company ("Company Law"), a Spin-Off is defined as a 'Separation', a legal...

Indonesia officially became the 100th member of the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks (the "Madrid Protocol"), which was inaugurated at the 57th World Intellectual Property Organization (WIPO) General Assembly in Geneva on October 2, 2017. The process of inducting Indonesia into the Madrid Protocol was ratified by Presidential Regulation No. 92 of 2017. Three months after the accession text was received by WIPO, precisely on January 2, 2018, the Madrid Protocol became effective in Indonesia...

Whether in the middle of a construction project or preparing to begin one, it's vital to have the most current information on legal requirements. On 24 January 2018, The Ministry of Public Work (the "MOPW") issued Regulation No 02/PRT/M/2018 of 2018 (the "REG") concerning the amendment of MOPW Regulation No 05/PRT/M/2014 (the "REG05") regarding the Guidelines of Safety and Health Management for Public Construction Work. The amendment serves as the legal basis for the establishment of...

Schmitthoff defines 'International Trade Law' as: "- the body of rules governing commercial relationships of private law involving different nations". The scope of this law, according to Schmitthoff is as follows: 1) international sale and purchase; 2) securities; 3) laws concerning activities regarding the conduct of international trade; 4) insurance; 5) transportation by land and rail, sea, air, and/or inland waters; 6) industrial property; and 7) commercial arbitration. The World Trade Organization (WTO) is the only international organization that regulates international trade,...

Considering the fact SLF endeavors to keep our valued clients aware of and in compliance with applicable laws and regulations in their business activities, we were pleased to hold our regular Client Legal Training on November 23rd, 2018. As usual, the training was a success. The key issues we addressed were the recent developments in environmental law and respective regulations, waste management, compliance, and other permiting and licensing issues. We specifically prepared the training for...