Blog Category: Legal Updates

Quick Look at ADR in Indonesia

The main alternative dispute resolution (ADR) methods in Indonesia are mediation, adjudication and conciliation, with mediation being the most popular. Most Indonesian parties attempt to settle disputes amicably through discussion and negotiation without a particular ADR framework. ADR is commonly used in sectors such as construction and mining. Construction disputes are often settled through adjudication, Quick Look at ADR in Indonesia

Quick Guide to Employment Contracts in Indonesia

Generally, an employment contract in Indonesia can either be a fixed-term (definite) or an indefinite-term (permanent) contract. Fixed-term employment agreements are subject to stricter requirements compared to indefinite-term employment agreements. A fixed-term employment agreement must be in writing in the Indonesian language or in a bilingual format. Additionally, a fixed-term employment agreement cannot include a Quick Guide to Employment Contracts in Indonesia

Looking to Acquire a Stake in a Digital Health Venture in Indonesia? Understand the Due Diligence Process

Investors looking to acquire a stake in digital health ventures must undertake a comprehensive due diligence process that covers that covers the various key matters and issues, including corporate, licensing, IP and data protection. In terms of corporate matters, assessing the company’s corporate status and regulatory compliance is paramount. To establish a new joint venture Looking to Acquire a Stake in a Digital Health Venture in Indonesia? Understand the Due Diligence Process

Deadline Looming as New BI Regulation Requires Payment System Providers in Indonesia to Allocate Human Resources Development Funds

On July 9, 2024, Indonesia’s central bank, Bank Indonesia (“BI”), issued a regulation setting out a framework to harmonize the development and implementation of competency standards in the field of payment systems. BI Regulation No. 5 of 2024 regarding the Standardization of Competencies in the Payment Systems Field (Standardisasi Kompetensi di Bidang Sistem Pembayaran or Deadline Looming as New BI Regulation Requires Payment System Providers in Indonesia to Allocate Human Resources Development Funds

Indonesia Corporate Immigration – What to Know About VITAS and ITAS

Some of the notable changes to the limited stay visa (visa tinggal terbatas or VITAS) and limited stay permit (izin tinggal terbatas or ITAS) under Government Regulation No. 40 of 2023 regarding Implementing Regulation of the Immigration Law (GR 40/2023) and Minister of Law and Human Rights (MOLHR) Regulation No. 22 of 2023 regarding Visa Indonesia Corporate Immigration – What to Know About VITAS and ITAS

Indonesia Health Law Update – Tobacco Products and E-Cigarettes

To strengthen the national health system, the Indonesian Government issued Law No. 17 of 2023 regarding Health on August 8, 2023. Known as the Omnibus Health Law, it replaced 11 laws and unified all regulatory provisions in the health sector under a single regulation. The Government issued Government Regulation No. 28 of 2024 (“GR 28/2024”) Indonesia Health Law Update – Tobacco Products and E-Cigarettes

Corporate M&A and Antitrust Regulations – Indonesia Legal Update

In Indonesia, antitrust regulations crucial for mergers and acquisitions include the following:   Law No. 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition, as last amended by the Job Creation Law (Anti-Monopoly Law). Government Regulation No. 57 of 2010 regarding Mergers, Consolidations of Business Entities, and Company Share Acquisitions that Corporate M&A and Antitrust Regulations – Indonesia Legal Update

Nexus Between Competition and IP Rights in Indonesia

Indonesia’s Law No. 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition (the Anti-Monopoly Law) exempts agreements related to IP rights, namely licenses and franchises, from the scope of its regulation. This provision is regulated in article 50 of the Anti-Monopoly Law. For completeness, the Business Competition Supervisory Commission (KPPU) issued Nexus Between Competition and IP Rights in Indonesia

Indonesia Shipping Law – Registration of Mortgages

Vessel mortgages in Indonesia fall under the authority and jurisdiction of the Ministry of Transportation. Pursuant to Articles 28 and 29 of Minister of Transportation (MOT) Regulation No. PM 39 of 2017 regarding the Registration and Nationality of Vessels (MOT Reg 39/2017), the beneficiaries of vessel mortgages may be Indonesian or foreign citizens, banks and Indonesia Shipping Law – Registration of Mortgages

ESG Reporting Requirements in Indonesia

For private companies in Indonesia, Environmental, Social and Governance (ESG) reporting generally aligns with the requirements outlined in the Company Law (Law No. 40 of 2007 regarding Limited Liability Companies, as last amended by the provisions of the Job Creations Law) and Government Regulation No. 47 of 2012 concerning the Social and Environmental Responsibilities of ESG Reporting Requirements in Indonesia