Blog Category: Legal Updates

Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction in Indonesia

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By Denny Rahmansyah Building construction in Indonesia must adhere to technical requirements as imposed by the government. Government Regulation No 36 of 2005 regarding the Implementation of Law No. 28 of 2002 regarding Building (GR 36/2005) imposes an \"intensity requirement‚Äù for the construction of a building, whereby a building must be constructed not exceeding certain … Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction in Indonesia

Corporate Governance in Indonesia – Directors and Officers

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By Rusmaini Lenggogeni Companies in Indonesia must have at least one director, except for specific companies whose business relates to the collection or management of public funds, and companies that issue acknowledgements of indebtedness to the public, which must maintain a Board of Directors (BOD) with at least two members. The Indonesian Corporate Governance Manual … Corporate Governance in Indonesia – Directors and Officers

Corporate M&A in Indonesia – Scope of Due Diligence

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There are no specific requirements or procedures for due dil­igence before acquiring a company. However, it is common and best practice for a bidder to perform due diligence on the target company before proceeding with an acquisition. In practice, the due diligence will cover the following:   corporate organization and general information; compliance with general … Corporate M&A in Indonesia – Scope of Due Diligence

Establishing a Business in Indonesia – Shareholders and Voting Rights

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In Indonesia, protections for shareholders and/or minority shareholders under the Indonesian Company Law are as follows:   A shareholder can file a claim at the district court against the company if they suffer unfair and unreasonable losses as a consequence of resolutions of the general meeting of shareholders (GMS), board of directors (BOD), or board … Establishing a Business in Indonesia – Shareholders and Voting Rights

Mining Rights and Title in Indonesia

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By Fitriana Mahiddin and Karisa Pangaribuan Indonesia\'s 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 enables the government to exercise control over mineral mining activities. The government has … Mining Rights and Title in Indonesia

Data Protection and Cybersecurity in Indonesia: Online Marketing

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Indonesia’s Electronic Information Law, Government Regulation 82 regarding the Implementation of Electronic Systems and Transactions, and Ministry of Communication and Informatics (MOCI) Regulation 20 regarding the Pro­tection of Personal Data in Electronic Systems (jointly referred to as the PDP Regulations) are silent on the sending of unsolicited commercial or marketing communications. While it is not … Data Protection and Cybersecurity in Indonesia: Online Marketing

New Merger Control Rules in Indonesia: Mandatory Notification of Asset Acquisitions

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By Indrawan Dwi Yuriutomo On October 2, 2019, Indonesia\'s Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha or \"KPPU‚Äù) issued Regulation No. 3 Year 2019 regarding Assessments of Mergers or Consolidations of Business Entities or Acquisitions of Company Shares which May Result in Monopolistic and/or Unfair Business Competition Practices (\"Reg. No. 3‚Äù). Asset Acquisition An … New Merger Control Rules in Indonesia: Mandatory Notification of Asset Acquisitions

Indonesia Considers Opening Investment Opportunities for Foreign Hospitals

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Indonesia is said to be considering changes to the so-called Negative List that would ease the way for the establishment of foreign hospitals here. What are these changes and what would they mean to investors?   The chairman of the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM”), Thomas Lembong, said on February … Indonesia Considers Opening Investment Opportunities for Foreign Hospitals

Indonesia Real Estate Transactions – Soil Pollution or Environmental Contamination

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By Denny Rahmansyah If soil pollution or environmental contamination is already present when the buyer in a real estate transaction in Indonesia becomes the legal owner of the land, it is possible the buyer will be responsible for such pollution or contamination, unless the buyer can prove that it did not cause the pollution or … Indonesia Real Estate Transactions – Soil Pollution or Environmental Contamination