ONLINE SINGLE SUBMISSION (OSS)

31 Aug 2018

On 21 June 2018, President of the Republic of Indonesia, Joko Widodo issued and enacted Governmental Regulation No. 24 Year 2018 concerning Electronically Integrated Business Licensing Services (“Regulation”).

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BANK INDONESIA ISSUES NEW REGULATION ON ELECTRONIC MONEY

6 Jun 2018

Bank Indonesia (“BI”) has issued the newest regulation on Electronic Money (“E-Money”), i.e. Bank Indonesia Regulation No. 20/6/PBI/2018 on Electronic Money (“PBI 20/2018”).

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THE NEW MINIMUM WAGE FOR THE JAKARTA INDUSTRIAL SECTOR FOR 2018

2 Apr 2018

The Governor of the Special Region of Jakarta (“Governor”) has determined the 2018 minimum wages for workers in several industrial sectors through the issuance of the Governor Regulation No. 16 Year 2018 concerning the 2018 Minimum Wages for the Industrial Sector (Upah Minimum Sektoral Provinsi/”UMSP”) (“Governor Regulation No. 16/2018”)...

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NATIONAL PAYMENT GATEWAY REGULATED

13 Oct 2017

The development of technology has provided new and innovative systems to cater the needs of the public. This includes development and innovation in the sector of finance which covers a variety of needs such as payment transactions and payment instruments. As of September 2017, the Bank of Indonesia ("BI") has issued Government Regulation No. 19/10/PADG/2017 ("Government Regulation 19/2017") on the National Payment Gateway ("NPG") in an effort to enforce an independent payment system for financial transactions carried out in Indonesia...

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NEW MINISTER OF ENERGY AND MINERAL RESOURCES REGULATIONS

17 Feb 2017

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”)...

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NEW REGULATION IN GUIDANCE FOR BORROW TO USE FOREST AREA PERMITS

23 Aug 2016

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...

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THE MANDATORY RELINQUISHMENT AND ANNULMENT OF LAND CULTIVATION RIGHT AND RIGHT TO USE OVER AREAS OF BURNED LAND

19 Aug 2016

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”)...

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NAVIGATING INDONESIA'S INTERNATIONAL TRADE OBLIGATIONS: TERMINATION OF SAFEGUARD INVESTIGATION

11 Aug 2016

Lawyers from Yang & Co recently represented foreign clients under investigation by the Indonesian Safeguard Committee of Ministry of Trade accused of unfair international trade practices. They successfully ended the investigation protecting their clients from penalties under Safeguard provisions arising from Indonesia’s trade obligations. If the investigation had found that our clients, who represented Chinese manufacturers, had acted in an unfair manner millions of dollars would have been payable in penalties to the Indonesian government...

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PROPERTY OWNERSHIP OF LAND BY FOREIGN CITIZEN

8 Apr 2016

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...

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WATCH OUT! NEW PARTNERSHIP AUDIT RULES IMPACT MORE AREAS THAN YOU MAY THINK

4 Apr 2016

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...

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WATCH OUT! NEW PARTNERSHIP AUDIT RULES IMPACT MORE AREAS THAN YOU MAY THINK

Feb 2016

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...

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THE FAA’S DRONE DILEMMA: THE NEED FOR REGULATION VS. LIBERAL LICENSING BY WILLIAM D. JANICKI AND LEE C. SCHMEER

17 Sept 2015

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...

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NEW BANK INDONESIA REGULATION

29 Apr 2015

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...

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FASTER TIMEFRAME ON CASE EXAMINATION IN THE SUPREME COURT

19 Mar 2015

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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NEW REGULATION IN STEVEDORING ACTIVITIES

5 Mar 2015

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”)...

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SUPREME COURT ANNOUNCES STANDARD OF REVIEW FOR FACTUAL ISSUES UNDERLYING PATENT CLAIM CONSTRUCTION: IMPLICATIONS BEYOND PATENT LAW

27 Feb 2015

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...

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PROVINCIAL SECTORAL MINIMUM WAGE FOR 2015

26 Feb 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”)...

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PRUDENTIAL PRINCIPLES IN MANAGING NON-BANK CORPORATE OFFSHORE LOAN

20 Nov 2014

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”)...

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ANNOUNCEMENT RE COMPANY FOLDER

20 Nov 2014

As a follow up to our announcement dated 19 September 2014 and as currently announced by the Indonesian Investment Coordinating Board (“BKPM”), please be informed as follows...

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THE “SEPARATE ENTITY RULE” REMAINS ALIVE AND WELL IN NEW YORK STATE

4 Nov 2014

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...

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BILL ON PLANTATION

20 Oct 2014

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...

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COMPANY FOLDER

18 Sept 2014

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...

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AFFIRMATIVE BUSINESS LITIGATION IN THE UNITED STATES AND IN OTHER COUNTRIES

8 Jul 2014

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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NEW NEGATIVE INVESTMENT LIST

18 Jun 2014

The Presidential Regulation Number 39 of 2014 regarding List of Business Fields That Are Closed For Investment and Business Fields That Are Conditionally Open For Investment, or is also known as the Negative Investment List/Daftar Negatif Investasi (“DNI 2014”) was enacted on the 24th of April 2014...

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RESOLVING LEGAL DISPUTES IN THE UNITED STATES: LITIGATION, ARBITRATION OR MEDIATION

5 Jun 2014

As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S. court system. There are, however, alternatives to litigation. The two most common types of alternative dispute resolution are arbitration and mediation...

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PROTECTING YOUR US BUSINESS FROM UNFAIR COMPETITION BY FORMER EMPLOYEES REQUIRES TIMELY AND PRUDENT ACTION

10 Mar 2014

The potential risks posed to a business by former employees are common to employers worldwide. Whether an employee is working in Jakarta, London or New York at termination of the employment relationship makes little difference. From any location he or she could take or fail to return your business’s trade secrets or other confidential information, or solicit its customers using the goodwill belonging to yourbusiness, or otherwise compete with your business taking unfair advantage of his or her knowledge of your business...

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PERMENTAN NO. 98/2013 LIMITS AREA, BUT EXPANDS OBLIGATIONS, FOR PLANTATION COMPANIES IN INDONESIA

10 Feb 2014

The government of the Republic Indonesia has set higher qualifications for plantation companies by issuing Regulation of the Minister of Agriculture No. 98/PERMENTAN/OT.140/9/2013 of 2013 concerning the Guidelines of Plantation Business Licensing ("Permentan No. 98/2013"). Permentan No. 98/2013 was issued on 30 September 2013 and shall be effective as from 2 October 2013. The purpose of issuance of Permentan No. 98/2013 is to restructure the Regulation of the Minister of Agriculture No. 26/PERMENTAN/OT.140/2/2007 of 2007 ("Permentan No. 26/2007")...

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RAISING CAPITAL THROUGH AN IPO IN THE U.S.

20 Dec 2013

There are many reasons why an Indonesian company seeking to raise capital may want to undertake an initial public offering (IPO) in the United States. The most obvious reason is that the U.S. securities market is one of the largest sources of capital in the world, but there are other advantages as well. Being listed on a U.S. exchange means the company has met the rigorous qualification standards and reporting requirements mandated by U.S. regulatory authorities, which serves to enhance a company’s profile and brand. Further, publicly traded shares can be more appealing than privately held shares when the issuer is trying to use its shares to acquire shares in another company or as share-based compensation to attract key personnel...

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MORE STRINGENT REGULATION ON SHARE DIVESTMENT AND FOREIGN INVESTMENT FOR MINING COMPANY

5 Dec 2013

Regulation of the Minister of Energy and Mineral Resources No. 27 of 2013 concerning the Procedure and Price Fixing for Share Divestment and Changes to Investment in Mineral and Coal Mining Business (“PERMEN No. 27/2013”) was issued on 13 September 2013 and shall be effective as from the said issuance date. The issuance of PERMEN No. 27/2013 is as the implementing regulation of Government Regulation No. 23 of 2010 concerning the Implementation of Mineral and Coal Mining Business Activities (“PP No.23/2010”) as amended by Government Regulation No. 24 of 2012 (“PP No.24/2012”), particularly to administer the procedure and price fixing for share divestment...

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