Blog Category: Legal Updates

Real Estate Due Diligence in Indonesia

By Denny Rahmansyah  Buyers normally engage local legal counsel to conduct real estate due diligence. The legal counsel will coordinate directly with the seller and, when necessary, the seller\'s Land Deed Official (Pejabat Pembuat Akta Tanah, or PPAT) to obtain the documents to be reviewed and collect the necessary information on the land and the seller. Real Estate Due Diligence in Indonesia

Indonesian Competition Body Aims Fines at Companies Late to Report Merger or Acquisition

Indonesia’s Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha or “KPPU“) is seen to be more strictly enforcing fines for companies that are late in notifying the KPPU of a merger or acquisition that meets a certain threshold. KPPU Notification Requirement The requirement to notify the KPPU of a merger or acquisition is regulated under Indonesian Competition Body Aims Fines at Companies Late to Report Merger or Acquisition

Corporate Governance in Indonesia

By Rusmaini Lenggogeni Since corporate organizations in Indonesia largely take the form of a limited liability company, corporate governance in Indonesia is principally governed under Law No. 40 of 2007 regarding Limited Liability Com­panies (the Company Law). The elucidation of Article 4 of the Company Law states that the applicability of the Com­pany Law does Corporate Governance in Indonesia

Update on Indonesian Employment Law

By Indrawan Dwi Yuriutomo The Indonesian Ministry of Manpower (\"MOM‚Äù) has issued MOM Regulation Number 11 of 2019 concerning the Second Amendment to Minister of Manpower and Transmigration Regulation Number 19 of 2012 concerning the Requirements for the Partial Delegation of Work to Other Companies (\"MOM Reg 11/2019‚Äù). MOM Reg 11/2019 introduces several changes and provisions Update on Indonesian Employment Law

Establishing a University in Indonesia with Foreign Investment

A regulation issued in 2018 – Minister of Research and Higher Education (“MRHE“) Regulation No. 53 of 2018 regarding Foreign Higher Education dated October 30, 2018 (“MRHE Regulation 53/2018“) – has made it possible for foreign entities to establish a university in Indonesia, subject to certain conditions and restrictions, including cooperation with a local university. Establishing a University in Indonesia with Foreign Investment

Recent Developments in Divestment Rules for Mining Companies in Indonesia

Companies engaging in mining business activities in Indonesia can be established with 100% foreign investment, but they are subject to a divestment requirement, as set out under Law No. 4 of 2009 regarding Mineral and Coal Mining (the Mining Law) and Government Regulation No. 23 of 2010 regarding the Implementation of Mineral and Coal Mining Recent Developments in Divestment Rules for Mining Companies in Indonesia

Employment Law and Foreign Investment in Indonesia’s Higher Education Sector

There has been some noise recently about the Indonesian Government’s intention to open investment opportunities for foreign universities. The chairman of the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM“), Thomas Lembong, said in early 2019 that the government was considering changes to the foreign capital investment rules for foreign universities. According to Employment Law and Foreign Investment in Indonesia’s Higher Education Sector

Jakarta Government Simplifies Business Licensing Requirements for Companies

In an effort to simplify the bureaucratic process and improve the ease of doing business, the Jakarta provincial government has eliminated the requirement that companies obtain a Certificate of Domicile and Certificate of Business Domicile. The DKI Jakarta One-Stop Integrated Investment Services (Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Pemerintah Provinsi Daerah Khusus Ibukota Jakarta Government Simplifies Business Licensing Requirements for Companies