Blog Category: Legal Updates

Asia-Pacific Employment Termination Survey

SSEK Legal Consultants has contributed the Indonesia chapter to an Employment Termination Survey covering 22 jurisdictions in the Asia-Pacific region. The Employment Termination Survey is designed as a guide to termination practices and provisions. It addresses frequently asked questions such as, \"Is an employer required to give reasons before terminating an employment agreement” and \"Must Asia-Pacific Employment Termination Survey

Peer-to-Peer Lending in Indonesia: A Regulatory Update

In February of this year, the Indonesian Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) issued an updated checklist for peer-to-peer lending (“P2P lending”) platform providers (“Checklist”) registering with the OJK or applying to the body for a business license or change of ownership. The new Checklist introduces several changes to the previous checklist issued in Peer-to-Peer Lending in Indonesia: A Regulatory Update

Indonesia Imposes 0% Value Added Tax for the Export of Certain Services

The Indonesian Minister of Finance (MOF) has issued a regulation that imposes 0% Value Added Tax (VAT) on the export of certain domestically produced services in Indonesia, including legal consultation services. MOF Regulation No. 32/PMK.010/2019 regarding the Limitation of Activities and Types of Taxable Services for Export Subject to Value Added Tax (MOF Reg 32) Indonesia Imposes 0% Value Added Tax for the Export of Certain Services

Corruption Liability for Higher Education Institutions Operating in Indonesia

By Nico Mooduto The laws on corruption do not recognize boundaries. The Foreign Corrupt Practices Act (FCPA) of the United States is one example where a domestic law seeks to punish the commission of corruption act outside the territory of the United States or within the US by a foreign entity. Essentially, the FCPA punishes Corruption Liability for Higher Education Institutions Operating in Indonesia

Draft Manpower Decree – What Does It Mean for Foreign Workers in Indonesia?

Indonesia’s Manpower Ministry is in the process of drafting a decree on job positions that are open for foreign workers. In its current form, the draft decree would introduce important changes to those positions that are open and those that are closed to foreign workers in Indonesia. We are closely monitoring developments with this draft Draft Manpower Decree – What Does It Mean for Foreign Workers in Indonesia?

A Lesson for Universities in Indonesia on IP and Data Protection

The need for robust protections for intellectual property (“IP“) and confidential data has become only more glaring as we stride fully into the digital era. This applies to companies and business sectors across the board, including the education sector. Universities generate a large amount of IP, whether generated by the universities themselves, including through research A Lesson for Universities in Indonesia on IP and Data Protection

Indonesia Updates the Process for Patent Applications

By Stephen I. Warokka Indonesia\'s Minister of Law and Human Rights (“MOLHR“) issued a regulation at the end of 2018 that sets technical and administrative procedures for obtaining patent protection in Indonesia and accommodates applications for patent protection under the Patent Cooperation Treaty (\"PCT‚Äù). MOLHR Regulation Number 38 of 2018 regarding Patent Applications (\"Regulation 38/2018‚Äù) Indonesia Updates the Process for Patent Applications

Expatriate Work Permit and Immigration Updates for Indonesia

With the stated aim of supporting the national economy and expanding work opportunities through increased investment, the Indonesian Government issued Presidential Regulation No. 20 of 2018 (“PR 20“) regarding the Utilization of Expatriate Manpower on March 26, 2018, revoking PR No. 72 of 2014. The enactment of PR 20 led to the integration of the Expatriate Work Permit and Immigration Updates for Indonesia

Does Recent Supreme Court Decision Give Pertamina Priority Over Expiring PSCs in Indonesia?

With the increasing number of Production Sharing Contracts (“PSCs“) that will expire in the coming years, discussion of PSC extensions and who has the right to operate expiring PSCs becomes unavoidable. In this regard, Indonesia’s Minister of Energy and Mineral Resources (“MEMR“) first issued MEMR Regulation No. 15 of 2015 regarding Management of Oil and Does Recent Supreme Court Decision Give Pertamina Priority Over Expiring PSCs in Indonesia?