Yang & Co
NEWSLETTER

February 17, 2017
New Minister of Energy and Mineral Resources Regulations
The Minister of Energy and Mineral Resources has issued a new regulation No. 05 of 2017 concerning the Enhancement Value Added of Minerals through Domestic Minerals Processing and Refinery Activities issued which was promulgated on 11 January 2017 ("MEMR Regulation No. 5/2017"). Such regulation came into force on the date of promulgation. MEMR Regulation No. 5/2017 serves to implement Articles 96, 112C and 112F of Government Regulation No. 23 of 2010 concerning the Implementation of Mineral and Coal Mining Activities, which has been amended several times and lastly as amended by Government Regulation No. 1 of 2017. Similar matters were regulated under Minister of Energy and Mineral Resources No. 1 of 2014, which was amended by Minister of Energy and Mineral Resources No. 8 of 2015 ("Previous Regulations"). Those Previous Regulations are revoked and shall become invalid by the time MEMR Regulation No. 5/2017 was promulgated.

August 23, 2016
New Regulation in Guidance for Borrow to Use Forest Area Permits
The Ministry of Environment and Forestry has issued the Regulation No. P.50/Menlhk/Setjen/Kum.1/6/2016 concerning the Guidance for Borrow to Use Forest Area Permits (“Regulation No. 50“). This updated regulation replaces and repeals the previous one, Ministry of Forestry Regulation No. P.16/Menhut-II/2014 concerning Guidance for Borrow to Use Forest Area Permits.

August 19, 2016
The Mandatory Relinquishment and Annulment of Land Cultivation Right and Right to Use Over Areas of Burned Land
The Minister of Agrarian Affairs and Spatial Planning/Head of National Land Affairs Agency has issued regulation No. 15 of 2016 concerning The Procedures of Relinquishment and Annulment of Land Cultivation Right (Hak Guna Usaha/HGU) and Right to Use (Hak Pakai) Over Areas of Burned Land (“Regulation No. 15“).

August 19, 2016
Procedures for the Imposition of the Administrative Sanctions for the Violations of Wages Payment
On 6 June 2016, the Minister of Manpower issued Regulation No. 20 of 2016 concerning the Procedures for the Imposition of Administrative Sanctions as Regulated in the Government Regulation No. 78 of 2015 concerning Wages Payment (“Regulation No. 20“).

August 11, 2016
Navigating Indonesia's International Trade Obligations: Termination of Safeguard Investigation
In mid-June this year after a year of legal proceedings, Yang & Co assisted clients in bringing a successful end to an investigation into breaches of Safeguard measures. The aim of Safeguarding measures is to avoid unfair international trade activities that can unreasonably damage domestic industries.

April 08, 2016
PROPERTY OWNERSHIP OF LAND BY FOREIGN CITIZEN
On 28th December 2015 the Government has issued regulation No. 103 of 2015 on the Ownership of Residential Property by Foreigner Domiciled in Indonesia (“2015 Regulation”). This regulation has replaced the Government Regulation No. 41 of 1996 concerning the same matter (“Previous Regulation”). The Consideration of 2015 Regulation explains that thisregulation is enacted in order to provide a legal certainty regarding the property ownership by Foreigner.

March 04, 2016
WATCH OUT! NEW PARTNERSHIP AUDIT RULES IMPACT MORE AREAS THAN YOU MAY THINK
Audits of partnerships aren’t a flashy topic, but new audit rules will have everyone scrambling to figure out their implications. To make things worse, these rules need to be addressed now in partnership and operating agreements, among other places. Since LLCs are treated as partnerships for federal income tax purposes, the new rules apply equally to LLCs.

September 17, 2015
THE FAA’S DRONE DILEMMA: THE NEED FOR REGULATION VS. LIBERAL LICENSING By William D. Janicki and Lee C. Schmeer
Perhaps no issue has drawn as much attention to the Federal Aviation Administration in recent months as its much anticipated final regulations for small unmanned aircraft systems (UAS), or drones, expected in the early part of 2017. The FAA is faced with a difficult road ahead in this arena: it must implement a workable regulatory system in the face of ever-increasing pressure from various industries eager to utilize this cutting edge technology without the inconveniences of complex government intervention or threat of an FAA enforcement action. This challenge is highlighted by the FAA’s recent release of a number of pilot reports of UAS encounters with manned aircraft (approximately two sightings per day), many of which have required evasive action, and the FAA’s update to guidance for hobby and recreational users of UAS.

April 29, 2015
New Bank Indonesia Regulation
Bank Indonesia (BI) has issued new regulation No. 17/3/PBI/2015 concerning the Obligation to Use Indonesian Rupiah in the Territory of the Republic of Indonesia (“PBI No. 17/3/PBI/2015”) dated 31 March 2015. Indonesian Rupiah is the currency of the Republic of Indonesia, which is a symbol of state sovereignty. Therefore the purpose of issuance of PBI No. 17/3/PBI/2015 is to actualize the state sovereignty and to support the achievement of stability of Indonesian Rupiah exchange rate.

March 19, 2015
FASTER TIMEFRAME ON CASE EXAMINATION IN THE SUPREME COURT
On 31 December 2014, the Chief of the Supreme Court issued the Decree No. 214/KMA/SK/XII/2014 regarding Time Period For Handling Cases at the Supreme Court (“Decree 214”). The Decree 214 is intended to stipulate a faster time frame on Cassation petitions (Kasasi) and Case Review petitions (Peninjauan Kembali) examination process at the Supreme Court. By the issuance of the Decree 214, the previous decree concerning the same matter, i.e. Decree No. 138/KMA/SK/IX/2009, was revoked.

 

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