Blog Category: Legal Updates

MOF Issues New Regulation Governing Borrow-Use Permit for Mining Activities in Indonesia

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By Michael S. Carl On March 13, 2014, Indonesia’s Ministry of Forestry (“MOF”) issued MOF Regulation No. P.16/Menhut-II.2014 (Reg P.16/2014), which sets out the currently applicable requirements and procedures for the issuing of Borrow-Use Permits. The new regulation replaces but does not fundamentally alter the previous regulation governing Borrow-Use Permits, MOF Regulation No. P.18/Menhut-II/2011 dated … MOF Issues New Regulation Governing Borrow-Use Permit for Mining Activities in Indonesia

Review of Indonesian Courts under the Supreme Court

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By Mahareksha Dillon and Dewi Savitri Reni Article 24 of the Indonesian Constitution stipulates that two institutions have judicial authority in the country, namely the Supreme Court (Mahkamah Agung or “MA”) and the Constitutional Court (Mahkamah Konstitusi or “MK”). These two institutions are independent of one another. Law No. 48 of 2009 regarding Judicial Authority (the … Review of Indonesian Courts under the Supreme Court

To Boldly Go Where No Man Has Gone Before: Commercial Activities under the Indonesian Outer Space Law

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Space, the final frontier. Mankind entered the Space Age when Sputnik was launched into orbit in 1957. During the Cold War, the United States and the Soviet Union engaged in a full-fledged competition for supremacy in outer space through the Space Race. It was a race that Indonesia sat out. Now Indonesia is embracing the … To Boldly Go Where No Man Has Gone Before: Commercial Activities under the Indonesian Outer Space Law

Primary Parties in Non-Banking Finance Institutions

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Indonesia’s Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) has introduced a new concept, known as Primary Parties in Non-Banking Finance Institutions, along with certain requirements that such Primary Parties must fulfill. Primary Parties, according to recent OJK regulations, are those who manage or supervise and have significant influence over Non-Banking Finance Institutions, i.e. insurance companies, pension … Primary Parties in Non-Banking Finance Institutions

What Companies Should Know about the New Social Security System in Indonesia

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Starting this year, companies in Indonesia are required to register employees in the Indonesian Government’s health and employment social security programs. This is part of an effort by the Government to expand social security benefits to more of the population, but questions remain about the implementation of the new programs and their effect on business. … What Companies Should Know about the New Social Security System in Indonesia

New Rules on Hiring Foreigners in Indonesia

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On December 30, 2013, the Indonesian Minister of Manpower and Transmigration (MOMT) issued MOMT Regulation No. 12 of 2013 regarding Procedures for Employing Foreign Manpower (MOMT Reg 12). This new regulation revokes the 2008 MOMT Regulation (No.PER.02/MEN/III/2008) on the same subject. The new regulation contemplates several changes to the previous 2008 regulation and introduces a … New Rules on Hiring Foreigners in Indonesia

OJK at Full Power After Taking Over Banking Supervision from Bank Indonesia

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Bank Indonesia, Indonesia’s central bank, officially transferred its banking microprudential supervisory powers to the Financial Services Authority (OJK) on December 31, 2013. Agus Martowardojo, the governor of Bank Indonesia, signed the Record of Transfer (Berita Acara Serah Terima) to Muliaman D. Hadad, the Chairman of the OJK’s Board of Commissioners. The OJK now has the … OJK at Full Power After Taking Over Banking Supervision from Bank Indonesia