Blog Category: Legal Updates

Nexus Between Competition and IP Rights in Indonesia

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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

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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

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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

What Are the Consequences of Breaches of Data Protection Law in Indonesia?

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In accordance with the PDP Law (Law No. 27 of 2022 regarding Personal Data Protection), a breach of data protection law may be subject to administrative sanctions and criminal penalties. Under article 57 (1) of the PDP Law, some breaches of data protection are subject to the imposition of administrative sanctions in the form of: … What Are the Consequences of Breaches of Data Protection Law in Indonesia?

Indonesia Employment Law – Background Information on Applicants

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

Digital Health – Indonesia

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The digital health market in Indonesia falls under the regulatory framework for telemedicine. Indonesia Law No. 17 of 2023 regarding Health (Health Law) defines telemedicine as the provision and facilitation of clinical services through telecommunications and digital communication technologies. The concept of telemedicine was not governed by the previous health law that was revoked by … Digital Health – Indonesia

Employer Obligations Under Indonesia’s New Law on Maternal and Child Welfare

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On July 2, 2024, the Government of Indonesia enacted Law No. 4 of 2024 regarding Maternal and Child Welfare During the First Thousand Days of Life (“Law 4/2024”). This long-awaited law is expected to improve the welfare of mothers and children (defined under the provisions of this law as from formation of the fetus up … Employer Obligations Under Indonesia’s New Law on Maternal and Child Welfare

Corporate Immigration Indonesia – Visit Visa and Visit Stay Permit

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SSEK Law Firm partner Stephen Igor Warokka and associate Yan Diaz Maulana Siregar discuss the most noteworthy aspects of business immigration law and practice in Indonesia, with a focus on the most consequential recent developments, in the Lexology In-Depth guide to corporate immigration. In addition to providing an insightful introduction to the immigration framework in … Corporate Immigration Indonesia – Visit Visa and Visit Stay Permit

Indonesia Competition Body Updates Online Notification System for Dual Nexus Assessment

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The Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha or “KPPU”) last year introduced the dual nexus assessment, which stipulates that a transaction is notifiable to the KPPU only if it is conducted between parties with assets and/or turnover, either directly or indirectly, in Indonesia. The dual nexus requirement was introduced in KPPU Regulation No. 3 … Indonesia Competition Body Updates Online Notification System for Dual Nexus Assessment