Blog Category: Pembaruan Hukum

Corruption Liability for Higher Education Institutions Operating in Indonesia

By Nico Mooduto The laws on corruption do not recognize boundaries. The Foreign Corrupt Practices Act (FCPA) of the United States is one example where a domestic law seeks to punish the commission of corruption act outside the territory of the United States or within the US by a foreign entity. Essentially, the FCPA punishes Corruption Liability for Higher Education Institutions Operating in Indonesia

Draft Manpower Decree – What Does It Mean for Foreign Workers in Indonesia?

Indonesia’s Manpower Ministry is in the process of drafting a decree on job positions that are open for foreign workers. In its current form, the draft decree would introduce important changes to those positions that are open and those that are closed to foreign workers in Indonesia. We are closely monitoring developments with this draft Draft Manpower Decree – What Does It Mean for Foreign Workers in Indonesia?

A Lesson for Universities in Indonesia on IP and Data Protection

The need for robust protections for intellectual property (“IP“) and confidential data has become only more glaring as we stride fully into the digital era. This applies to companies and business sectors across the board, including the education sector. Universities generate a large amount of IP, whether generated by the universities themselves, including through research A Lesson for Universities in Indonesia on IP and Data Protection

Indonesia Updates the Process for Patent Applications

By Stephen I. Warokka Indonesia\'s Minister of Law and Human Rights (“MOLHR“) issued a regulation at the end of 2018 that sets technical and administrative procedures for obtaining patent protection in Indonesia and accommodates applications for patent protection under the Patent Cooperation Treaty (\"PCT‚Äù). MOLHR Regulation Number 38 of 2018 regarding Patent Applications (\"Regulation 38/2018‚Äù) Indonesia Updates the Process for Patent Applications

Expatriate Work Permit and Immigration Updates for Indonesia

With the stated aim of supporting the national economy and expanding work opportunities through increased investment, the Indonesian Government issued Presidential Regulation No. 20 of 2018 (“PR 20“) regarding the Utilization of Expatriate Manpower on March 26, 2018, revoking PR No. 72 of 2014. The enactment of PR 20 led to the integration of the Expatriate Work Permit and Immigration Updates for Indonesia

Does Recent Supreme Court Decision Give Pertamina Priority Over Expiring PSCs in Indonesia?

With the increasing number of Production Sharing Contracts (“PSCs“) that will expire in the coming years, discussion of PSC extensions and who has the right to operate expiring PSCs becomes unavoidable. In this regard, Indonesia’s Minister of Energy and Mineral Resources (“MEMR“) first issued MEMR Regulation No. 15 of 2015 regarding Management of Oil and Does Recent Supreme Court Decision Give Pertamina Priority Over Expiring PSCs in Indonesia?

Indonesia Considers Opening Investment Opportunities for Foreign Universities and Hospitals

The chairman of the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM“), Thomas Lembong, said on February 13, 2019, that the government was considering changes to the foreign capital investment rules for foreign universities and hospitals. According to Lembong, the changes being considered would open the way for foreign universities to open campuses Indonesia Considers Opening Investment Opportunities for Foreign Universities and Hospitals

New Regulation Requires Taxes for E-Commerce Players in Indonesia

Prompted by the disparity in the tax treatment between traditional retail activities and e-commerce, on December 31, 2018, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 210/PMK.010/2018 regarding the Tax Treatment of E-Commerce (“MOF Regulation 210”). MOF Regulation 210 purports to provide further clarity with regard to Value Added Tax (“VAT”), luxury goods tax, New Regulation Requires Taxes for E-Commerce Players in Indonesia

Indonesian Central Bank Issues Regulation on Reporting of Foreign Exchange Activities

Indonesia’s central bank, Bank Indonesia (“BI”), has issued BI Regulation Number 21/2/PBI/2019 concerning the Reporting of Foreign Exchange Activities (“Regulation 2/2019”). This new regulation introduces several changes from the previous regulation on said activities, BI Regulation Number 16/22/PBI/2014 on the Reporting of Foreign Exchange Activities and the Reporting of Prudential Principles Activities in the Management Indonesian Central Bank Issues Regulation on Reporting of Foreign Exchange Activities

New Limitation on the Foreign Exchange Proceeds from the Export of Natural Resources

On January 10, 2019, the Government of Indonesia (GOI) issued Government Regulation No. 1 of 2019 regarding Foreign Exchange Export Proceeds from the Business, Management, and/or Processing of Natural Resources (GR 1/2019). In essence, GR 1/2019 requires that foreign exchange export proceeds deriving from natural resources (DHE SDA) be deposited in special accounts (Special DHE New Limitation on the Foreign Exchange Proceeds from the Export of Natural Resources