Blog Category: Legal Updates

Corporate Governance in Indonesia – Types of Decisions Made by Governing Bodies

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By Rusmaini Lenggogeni Pursuant to the provisions set out in the Indonesian Company Law, the Board of Directors (BOD), Board of Commissioners (BOC) and shareholders of companies in Indonesia have separate duties and func­tions. The members of the BOD are the day-to-day operat­ing officers of the company. The Company Law gives the BOD the right … Corporate Governance in Indonesia – Types of Decisions Made by Governing Bodies

Indonesia Looks to Accelerate Battery Electric Vehicle Program

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On August 18, 2019, Indonesian President Joko Widodo enacted Presidential Regulation No. 55 of 2019 regarding the Acceleration of Battery Electric Vehicle Programs for Road Transportation (“PR 55/2019“). This regulation is intended to outline the measures that will be taken by the Indonesian government to promote and accelerate the implementation of various battery electric vehicle … Indonesia Looks to Accelerate Battery Electric Vehicle Program

Draft of New Indonesian Criminal Code and the Potential Impact on Corporations

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The Indonesian House of Representatives (Dewan Perwakilan Rakyat or “DPR“) has been considering revisions to the country’s Criminal Code. Some of the proposed changes could have a significant impact on companies in Indonesia. One of the biggest changes in the draft Criminal Code (Rancangan Kitab Undang-Undang Hukum Pidana or “RKUHP“) would be to recognize corporations … Draft of New Indonesian Criminal Code and the Potential Impact on Corporations

Does National Insurance Requirement Mean Rough Seas for Coal Shipments?

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By Fransiscus Rodyanto and Bima Danubrata Adhijoso A recently published surveyor report (laporan surveryor) on Indonesian coal exports noted that as of March 2019, of 1,095 coal shipments in 2019 only 9% were insured under a national insurance company. This number is alarming for both the Government and coal exporters in Indonesia, given that just … Does National Insurance Requirement Mean Rough Seas for Coal Shipments?

Data Protection and Cybersecurity in Indonesia: Sensitive Data

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Indonesia’s Electronic Information Law, Government Regulation 82 regarding the Implementation of Electronic Systems and Transactions, and MOCI Regulation 20 regarding the Pro­tection of Personal Data in Electronic Systems (jointly referred to as the PDP Regulations) do not provide a specific definition of sensitive data, and consequently no special issues apply. There are, however, several laws … Data Protection and Cybersecurity in Indonesia: Sensitive Data

Deadline Looming for Companies in Indonesia to Amend Articles of Association

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Limited liability companies in Indonesia are being required to amend Article 3 of their Articles of Association (AoA) so their purpose, objectives and business activities conform to the 2017 Standard Indonesian Business Field Classifications (KBLI) used as a reference by the BKPM, as the agency overseeing the Online Single Submission (OSS) system. The Indonesian Ministry … Deadline Looming for Companies in Indonesia to Amend Articles of Association

Representations and Warranties in an Indonesian Real Estate Sale Transaction

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By Denny Rahmansyah Indonesian law is silent as to the warranties that should be given in a real estate sale transaction, by both the seller and the buyer. Representations and warranties, as well as the buyer\'s remedies for the seller\'s misrepresentation, in a real estate sale transaction shall be freely agreed between the seller and … Representations and Warranties in an Indonesian Real Estate Sale Transaction

Labor and Employment Law in Indonesia – Background Information on Applicants

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There is no prohibition against background checks on job applicants in Indonesia. Employers in Indonesia can perform background checks on appli­cants themselves or by using a third-party service. Certain background checks are, in practice, subject to the consent of the applicant. Medical Checks An employer can require a potential employee to undergo a medical examination … Labor and Employment Law in Indonesia – Background Information on Applicants

Client Alert: Deadline Looming for Companies in Indonesia to Amend Articles of Association

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Limited liability companies in Indonesia are being required to amend as necessary Article 3 of their Articles of Association (AoA) so their purpose, objectives and business activities conform to the 2017 Standard Indonesian Business Field Classifications (KBLI) used as a reference by the BKPM, as the agency overseeing the Online Single Submission (OSS) system. The … Client Alert: Deadline Looming for Companies in Indonesia to Amend Articles of Association