Blog Category: Pembaruan Hukum

Overhaul of Indonesian Employment Law – Draft Bill on Job Creation

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The Indonesian President, Joko Widodo, has announced plans for a major overhaul of investment-related laws and regulations through the introduction of a so-called Omnibus Law. This Omnibus Law would act as a regulatory umbrella, providing an overarching framework for various laws and regulations that will, hopefully, ease and increase investment in the country and reduce … Overhaul of Indonesian Employment Law – Draft Bill on Job Creation

Cybersecurity and Data Breaches in Indonesia

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The Indonesian legal framework for cybersecurity is varied, depending on the context of the crime. However, the main reference would be the Electronic Information Law, Government Regulation 82 regarding the Implementation of Electronic Systems and Transactions, and Minister of Communication and Informatics (MOCI) Regulation 20 regarding the Pro­tection of Personal Data in Electronic Systems (jointly … Cybersecurity and Data Breaches in Indonesia

Incorporating Restorative Justice into Criminal Investigations in Indonesia

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On October 4, 2019, the Indonesian National Police chief, Tito Karnavian, issued Head of Indonesian National Police Regulation No. 6 of 2019 regarding Criminal Investigation (“Perkapolri 6/2019“), which essentially updates how the police are expected to conduct criminal investigations. Among the many updates contained in Perkapolri 6/2019 is the introduction of “restorative justice” as a … Incorporating Restorative Justice into Criminal Investigations in Indonesia

Real Estate Investment Vehicles in Indonesia

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By Denny Rahmansyah For domestic investors, Indonesian law recognizes vari­ous corporate vehicles, including those with (i) non-legal entity status, such as a (a) maatschap (civil partnership), (b) firm and (c) comanditer venootschape (limited partnership, or CV); or (ii) legal entity status, such as a limited liability company (perseroan terbatas, or PT) or co-operative. Small to … Real Estate Investment Vehicles in Indonesia

Corporate Governance in Indonesia – Relationship Between Companies and Shareholders

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By Rusmaini Lenggogeni Shareholders, since they provide the capital for the company, shall have rights and responsibilities toward the company in accordance with the relevant laws and regulations in Indonesia and the Articles of Association (AOA) of the company. Although shareholders do not par­ticipate directly in the management or supervision of the company, they are … Corporate Governance in Indonesia – Relationship Between Companies and Shareholders

Indonesian Constitutional Court Ruling Changes Fiduciary Security Execution

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By Syahdan Z. Aziz and Michael Amos Djohan On January 6, 2020, the Indonesian Constitutional Court issued Decision No. 18/PUU-XVII/2019, declaring that Articles 15(2) and 15(3) of Law No. 42 of 1999 on Fiduciary Security (the \"Fiduciary Security Law‚Äù) are partially unconstitutional. The court was ruling on a lawsuit arguing that it was a violation … Indonesian Constitutional Court Ruling Changes Fiduciary Security Execution

Establishing a Business in Indonesia – Foreign Investment Restrictions

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Restrictions on foreign shareholders in Indonesia are set out in the Negative Investment List (DNI), as contained in Presidential Regulation (PR) 44/2016. PR 44/2016 lists areas in which investment by both Indonesians and foreign nationals is prohibited or restricted. In addition to PR 44/2016, the laws and regulations governing certain lines of business must be … Establishing a Business in Indonesia – Foreign Investment Restrictions

Mining in Indonesia – Restrictions on the Processing, Export or Sale of Minerals

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Mining companies in Indonesia must refine or process mining products domestically. Mining companies can construct their own smelter or enter a cooperation with other mining or smelter companies through the sale and purchase of ore or concentrate, or the joint construction of a smelter, subject to the approval of the Ministry of Energy and Mineral … Mining in Indonesia – Restrictions on the Processing, Export or Sale of Minerals

Data Protection and Cybersecurity in Indonesia: Enforcement and Litigation

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The Electronic Information Law, Government Regulation 82 regarding the Implementation of Electronic Systems and Transactions, and Ministry of Communication and Informatics (MOCI) Regulation 20 regarding the Pro­tection of Personal Data in Electronic Systems (jointly referred to as the PDP Regulations) do not provide much detail on the standards that must be established by regulators in … Data Protection and Cybersecurity in Indonesia: Enforcement and Litigation