Blog Category: Pembaruan Hukum

Client Alert: Deadline Looming for Companies in Indonesia to Amend Articles of Association

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Limited liability companies in Indonesia are being required to amend as necessary Article 3 of their Articles of Association (AoA) so their purpose, objectives and business activities conform to the 2017 Standard Indonesian Business Field Classifications (KBLI) used as a reference by the BKPM, as the agency overseeing the Online Single Submission (OSS) system. The … Client Alert: Deadline Looming for Companies in Indonesia to Amend Articles of Association

Bodies and Functions Involved in Governance and Management of Indonesian Companies

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By Rusmaini Lenggogeni The principal bodies and functions involved in the govern­ance and management of Indonesian companies under the Company Law are the General Meeting of Shareholders (GMS), Board of Directors (BOD) and Board of Commis­sioners (BOC). The BOD constitutes the company\'s management. The mem­bers of the BOD are the day-to-day operating officers of the … Bodies and Functions Involved in Governance and Management of Indonesian Companies

Court Proceedings Go Digital in Indonesia

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The Indonesian Supreme Court has introduced the e-Litigasi, or e-Litigation, application intended to make the court process in the country faster, simpler and less expensive. Supreme Court Regulation No. 1 of 2019 regarding the Administration of Lawsuits and Court Proceedings by Electronic Means (SC Reg 1/2019) was issued on August 19, 2019, and came into … Court Proceedings Go Digital in Indonesia

Client Alert: New Rules on Positions for Expatriate Workers in Indonesia

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The Minister of Manpower has issued a decree containing a positive list of those positions that are open to expatriate workers in Indonesia. After intensive discussions among various foreign business chambers and the Ministry of Manpower and other government institutions since March of this year, Minister of Manpower (“MOM“) Decree No. 228 of 2019 (“MOM … Client Alert: New Rules on Positions for Expatriate Workers in Indonesia

Mining Industry in Indonesia

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By Fitriana Mahiddin and Karisa Pangaribuan Indonesia is a major player in the global mining industry. With its immense mineral reserves and production industry, Indonesia aims to develop an attractive investment climate that is favourable to the interests of both investors and the Indonesian government. There are still challenges that demand the attention of the … Mining Industry in Indonesia

Data Protection and Cybersecurity in Indonesia: General Requirements

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Indonesia’s Electronic Information Law, Government Regulation 82 regarding the Implementation of Electronic Systems and Transactions, and MOCI Regulation 20 regarding the Pro­tection of Personal Data in Electronic Systems (jointly referred to as the PDP Regulations) require Electronic System Providers (ESPs) to adopt an internal policy related to the protection of personal data for the pur­pose … Data Protection and Cybersecurity in Indonesia: General Requirements

Real Estate Due Diligence in Indonesia

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By Denny Rahmansyah  Buyers normally engage local legal counsel to conduct real estate due diligence. The legal counsel will coordinate directly with the seller and, when necessary, the seller\'s Land Deed Official (Pejabat Pembuat Akta Tanah, or PPAT) to obtain the documents to be reviewed and collect the necessary information on the land and the seller. … Real Estate Due Diligence in Indonesia

Indonesian Competition Body Aims Fines at Companies Late to Report Merger or Acquisition

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Indonesia’s Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha or “KPPU“) is seen to be more strictly enforcing fines for companies that are late in notifying the KPPU of a merger or acquisition that meets a certain threshold. KPPU Notification Requirement The requirement to notify the KPPU of a merger or acquisition is regulated under … Indonesian Competition Body Aims Fines at Companies Late to Report Merger or Acquisition

Corporate Governance in Indonesia

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By Rusmaini Lenggogeni Since corporate organizations in Indonesia largely take the form of a limited liability company, corporate governance in Indonesia is principally governed under Law No. 40 of 2007 regarding Limited Liability Com­panies (the Company Law). The elucidation of Article 4 of the Company Law states that the applicability of the Com­pany Law does … Corporate Governance in Indonesia

Update on Indonesian Employment Law

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By Indrawan Dwi Yuriutomo The Indonesian Ministry of Manpower (\"MOM‚Äù) has issued MOM Regulation Number 11 of 2019 concerning the Second Amendment to Minister of Manpower and Transmigration Regulation Number 19 of 2012 concerning the Requirements for the Partial Delegation of Work to Other Companies (\"MOM Reg 11/2019‚Äù). MOM Reg 11/2019 introduces several changes and provisions … Update on Indonesian Employment Law