Blog Category: Pembaruan Hukum

E-commerce in Indonesia – Electronic Signatures

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Indonesia acknowledges digital signatures or e-signatures as a valid signature, regulated by Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions (the Electronic Transaction Regulation). Under the Electronic Transaction Regulation, “digital signature” is defined as a signature comprising electronic information attached, associated or related to other electronic information used as … E-commerce in Indonesia – Electronic Signatures

Indonesia Omnibus Bill – Changes to Labor-Related Sectors

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The Indonesian House of Representatives (DPR) recently passed the Omnibus Bill on Job Creation (the “Omnibus Bill“). The stated aim of the Omnibus Law is to bolster investment and create jobs by streamlining regulations and simplifying the licensing process to improve the ease of doing business in Indonesia. The Omnibus Bill revises various provisions in … Indonesia Omnibus Bill – Changes to Labor-Related Sectors

Private Equity in Indonesia – Fund Regulation and Licensing

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Under Indonesian capital markets laws and regulations, special licensing or approval is not required, except for a securities company acting as a stockbroker, where both the buyer and seller must be licensed by the Indonesian Financial Services Authority (Otoritas Jasa Keuangan) (OJK). No Indonesian licence, approval or permit is generally required for either the buyers … Private Equity in Indonesia – Fund Regulation and Licensing

Corporate Governance in Indonesia – Sources of Law, Regulation and Practice

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The primary source of law relating to corporate governance in Indonesia is Law No. 40 of 2007 regarding Limited Liability Companies (the Company Law). Additionally, corporate governance for certain types of companies, namely those operating in the insurance and capital market sectors, as well as issuers and public companies, is governed by the Financial Services … Corporate Governance in Indonesia – Sources of Law, Regulation and Practice

New Regulation Puts Focus on Local Resources in Indonesia’s Construction Sector

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A new regulation has introduced significant changes to the implementation of Indonesia’s Construction Services Law, which will affect business actors in the country’s construction sector. The new regulation, Government Regulation Number 22 of 2020 (“GR 22“) regarding Implementing Regulations of Law Number 2 of 2017 regarding Construction Services (January 12, 2017) (the “Construction Services Law“), … New Regulation Puts Focus on Local Resources in Indonesia’s Construction Sector

Establishing a Business in Indonesia – Establishing a Presence from Abroad

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An overseas company can trade directly in Indonesia through appointing an Indonesian agent, distributor, or franchisee. To do so, an overseas company must enter into a distribution, agency or franchise agreement with an existing Indonesian company. With this structure, the overseas company does not need to establish a limited liability company with foreign ownership (PT … Establishing a Business in Indonesia – Establishing a Presence from Abroad

Mining in Indonesia – Principal Laws and Regulatory Bodies

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In addition to the Indonesian Constitution, the principal law that regulates the mining industry is Law 4/2009 on Coal and Mineral Mining (Law 4/2009), the amendment of which, under the draft Amendment to Law 4/2009 (the Mining Law Amendment), was recently ratified by the House of Representatives. The Ministry of Energy and Mineral Resources (MEMR) … Mining in Indonesia – Principal Laws and Regulatory Bodies