The Indonesian House of Representatives (DPR) recently passed the Omnibus Bill on Job Creation (the “Omnibus Bill“). The stated aim of the Omnibus Law is to bolster investment and create jobs by streamlining regulations and simplifying the licensing process to improve the ease of doing business in Indonesia. The Omnibus Bill revises various provisions in … Indonesia Omnibus Bill – Changes to Labor-Related Sectors
The Constitution stipulates that Indonesia’s natural resources are controlled by the state and must be used for the maximum benefit of the Indonesian people. Article 4, paragraph 2 of Law 4/2009 on Coal and Mineral Mining (Law 4/2009) enables the central government or the regional government to exercise control over mineral mining activities. However, the … Mining in Indonesia – Mining Rights and Title
Under Indonesian capital markets laws and regulations, special licensing or approval is not required, except for a securities company acting as a stockbroker, where both the buyer and seller must be licensed by the Indonesian Financial Services Authority (Otoritas Jasa Keuangan) (OJK). No Indonesian licence, approval or permit is generally required for either the buyers … Private Equity in Indonesia – Fund Regulation and Licensing
Indonesia has not ratified the Nairobi International Convention on the Removal of Wrecks of 2007. Law No. 17 of 2008 regarding Shipping (the “Shipping Law”), as implemented by Minister of Transportation (“MOT”) Regulation No. PM 71 of 2013, as lastly amended by MOT Regulation No. PM 38 of 2018 regarding Salvage and Underwater Works (“MOT … Indonesian Shipping Law – Marine Casualty
Restrictions on foreign investment in Indonesia are regulated by the Negative Investment List. There are lists of industries for which foreign investment is open (up to a certain percentage of its capitalisation), for example: A construction services business is open for up to 67% foreign investment (70% if the foreign investor is from an … Investing in Indonesia – Investment Restrictions
The primary source of law relating to corporate governance in Indonesia is Law No. 40 of 2007 regarding Limited Liability Companies (the Company Law). Additionally, corporate governance for certain types of companies, namely those operating in the insurance and capital market sectors, as well as issuers and public companies, is governed by the Financial Services … Corporate Governance in Indonesia – Sources of Law, Regulation and Practice
A new regulation has introduced significant changes to the implementation of Indonesia’s Construction Services Law, which will affect business actors in the country’s construction sector. The new regulation, Government Regulation Number 22 of 2020 (“GR 22“) regarding Implementing Regulations of Law Number 2 of 2017 regarding Construction Services (January 12, 2017) (the “Construction Services Law“), … New Regulation Puts Focus on Local Resources in Indonesia’s Construction Sector
An overseas company can trade directly in Indonesia through appointing an Indonesian agent, distributor, or franchisee. To do so, an overseas company must enter into a distribution, agency or franchise agreement with an existing Indonesian company. With this structure, the overseas company does not need to establish a limited liability company with foreign ownership (PT … Establishing a Business in Indonesia – Establishing a Presence from Abroad
In addition to the Indonesian Constitution, the principal law that regulates the mining industry is Law 4/2009 on Coal and Mineral Mining (Law 4/2009), the amendment of which, under the draft Amendment to Law 4/2009 (the Mining Law Amendment), was recently ratified by the House of Representatives. The Ministry of Energy and Mineral Resources (MEMR) … Mining in Indonesia – Principal Laws and Regulatory Bodies
Foreign entities often structure acquisitions of Indonesian entities so they can rely on Indonesia’s double tax treaties with, among others, Singapore, Hong Kong or the Netherlands, as governed under Directorate General of Taxation Regulation No. Per-25/PJ/2018 regarding Avoidance of Double Taxation. Further, to encourage investment, Ministry of Finance Regulation No. 258/PMK.03/2008 regarding Article 26 Withholding … Private Equity in Indonesia – Incentive Schemes
