Blog Category: Legal Updates

Legal Guide to Vertical Agreements in Indonesia: Antitrust Law

Antitrust Law What are the legal sources that set out the antitrust law applicable to vertical restraints? The applicable legal source in Indonesia is Law No. 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition (the “Antimonopoly Law”). To date no implementing regulations for the Antimonopoly Law have been issued, other Legal Guide to Vertical Agreements in Indonesia: Antitrust Law

Indonesian Investment: Shift in FDI

Indonesia’s new Negative Investment List (DNI), the regime governing foreign direct investment (FDI) in the country, has introduced a number of regulatory changes seen as an attempt to boost capital inflows in some areas of the economy while closing others to foreign companies. Oxford Business Group (OBG), the global publisher and consultancy, says Indonesia’s new Indonesian Investment: Shift in FDI

Rules for Foreign Workers in the Indonesian Oil and Gas Industry

The Minister of Energy and Mineral Resources (“MEMR”) has issued a regulation that places new restrictions and requirements on foreign workers in Indonesia’s oil and gas sector and encourages companies to prioritize the hiring and training of local workers. MEMR Regulation No. 31 of 2013 regarding Provisions and Procedures for the Utilization of Foreign Workers Rules for Foreign Workers in the Indonesian Oil and Gas Industry

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

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

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

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

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

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