Yang & Co
NEWSLETTER

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By the issuance of the Decree 214, the previous decree concerning the same matter, i.e. Decree No. 138/KMA/SK/IX/2009, was revoked.

March 05, 2015
New Regulation in Stevedoring Activities
The Ministry of Transportation has issued the Regulation of the Ministry of Transportation of the Republic of Indonesia Number PM 60 Year 2014 regarding the Management and Business of Loading and Unloading of Goods from and to Vessels (Stevedoring) (“New Regulation”).

February 27, 2015
SUPREME COURT ANNOUNCES STANDARD OF REVIEW FOR FACTUAL ISSUES UNDERLYING PATENT CLAIM CONSTRUCTION: IMPLICATIONS BEYOND PATENT LAW
The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error rather than de novo. Teva Pharmaceuticals USA, Inc. v. Sandoz, 574 U.S. ___ (Jan. 20, 2015). While the holding applies directly to patent litigation, the Court’s reasoning could have important implications for other areas of law, particularly contract interpretation.

February 26, 2015
Provincial Sectoral Minimum Wage For 2015
The Governor of the Jakarta Special Capital City Region has determined the minimum wage for specific industrial sectors under the Governor Regulation No. 20 of 2015 concerning the Provincial Sectoral Minimum Wage (Upah Minimum Sektoral Provinsi / UMSP) (“Governor Regulation No. 20/2015”).

November 20, 2014
Prudential Principles in Managing Non-Bank Corporate Offshore Loan
In October 2014, Bank Indonesia (“BI”) has issued Regulation of Bank of Indonesia No. 16/20/PBI/2014 concerning Implementation of Prudential Principles in Managing Non-Bank Corporate Offshore Loan (“PBI”).

November 20, 2014
ANNOUNCEMENT RE COMPANY FOLDER
As a follow up to our announcement dated 19 September 2014 and as currently announced by the Indonesian Investment Coordinating Board (“BKPM”)

November 04, 2014
THE “SEPARATE ENTITY RULE” REMAINS ALIVE AND WELL IN NEW YORK STATE
On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question certified to the court by the U.S. Court of Appeals for the Second Circuit:

October 20, 2014
Bill on Plantation
The House of Representative has initiated to amend Law No. 18 of 2004 concerning Plantation (“Law No. 18 of 2004”). The purpose of the issuance of the new law is because the government considers that Law No. 18 of 2004 is no longer in compliance with the current plantation business in Indonesia.

September 18, 2014
Company Folder
Recently, the Indonesian Investment Coordinating Board (“BKPM”), has issued a circular letter No: 252.A.8/2014 (“Circular Letter”), which obliges all existing capital investment companies in the form of a legal entity company in Indonesia (“Company”) to register itself in the SPIPISE (Sistem Pelayanan Informasi dan Perizinan Investasi Secara Elektronik/Electronic Information and Investment License Service System), starting from 1 September 2014 until 30 September 2014.

July 08, 2014
Affirmative Business Litigation in the United States and in Other Countries
For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently, businesses, historically, have not welcomed lawsuits. However, that corporate business perspective has been changing in the United States and abroad, as businesses are recognizing lawsuits as an opportunity to convert business losses into profits.

 

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