News

The Indonesian government, through the Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Pandjaitan, plans to establish a family office task force within the next month. In his statement on social media, Luhut mentioned that a family office “is one of the efforts to attract wealth from other countries for national economic growth.”

As part of the Government of the Republic of Indonesia’s commitments to investment certainty and public welfare in the mining sector, the Government enacted Government Regulation Number 25 of 2024 on Amendments to Government Regulation Number 96 of 2021 on the Implementation of Mineral and Coal Mining Business Activities (“GR 25/2024”), that has been in effect since 30 May 2024.

The pet owners in Indonesia increased significantly after the pandemic. It led to the emergence of varieties of pet food ("Pet Food"), both imported and locally made. As reported by Kompas, data from the 2022 Foreign Trade Statistics (BPS) reveals that imports of Pet Food products under code HS 2309, which include Pet Food categories for dogs and cats (HS 230910) and for other pets (HS 230990), continue to increase every year.

Yang & Co. is proud to announce that Mr. Christian Yang, our Managing Partner, has been promoted from junior partner to Partner, effective as of 1 April 2024. Mr. Yang joined Yang & Co. as a junior associate in 2011. In 2021, he was promoted to junior partner, and then in 2022 he was entrusted to lead the Firm as the Managing Partner.

The financial technology sector in Indonesia is growing rapidly which simultaneously promote the increase of illegal online lending. On 4 July 2022, the Indonesian Financial Services Authority (Otoritas Jasa Keuangan) (“OJK”) issued a new regulation in relation to online Peer to Peer Lending (“P2P”), concerning Information Technology-Based Co-Financing Services under OJK Regulation Number 10 of 2022 (“OJK Regulation No. 10 of 2022”). The issuance of this OJK Regulation No. 10 of 2022 is also a move to help clean up the booming online lending sector invaded by consumer complaints.

We, Law Office YANG & CO (“YANG & CO”), congratulate Mr. Kenneth R. Puhala on his appointment as the new chairman of Schnader Harrison Segal & Lewis LLP ("Schnader"). We are very proud and grateful to know that his leadership will drive the Schnader team towards more success.

The acquisition of one of the biggest online travel company in Southeast Asia with principal geopgraphical bases in Singapore, Malaysia and Indonesia.

The Apostille service has simplified the process of legalizing foreign public documents quickly, affordably, and adapting to global developments for legal purposes, particularly in cross-border Civil Law. This is organized by the Director General of General Legal Administration of the Ministry of Law and Human Rights as the central authority, as well as the relevant authorities authorized to verify based on the specimens that have been submitted and stored in the database of the Ministry of Law and Human Rights.

The COVID-19 pandemic propels e-commerce growth in Indonesia as customers have to turn to online platforms to shop amid movement restrictions and health safety. This is thus pushing more and more businesses to sell their products online. Indonesia has seen online shoppers grow to 85 million people during the pandemic, from 75 million pre-COVID-19. The country’s 2021 e-commerce gross merchandise value is projected to reach US$40 billion, which is the third highest in the world.

Recently, the Ministry of Investment (formerly Investment Coordinating Board ("BKPM")) issued the BKPM Regulation No. 4 of 2021 concerning the Guidelines and Procedures for Risk-Based Business Licensing Services and Investment Facilities ("BKPM Regulation No. 4/2021") in order to ensure the implementation of Government Regulation No. 5 of 2021 on the Organization of Risk-Based Business Licensing ("GR 5/2021"). The BKPM Regulation No. 4/2021 repeals and replaces: (i) the BKPM Regulation No. 6 of 2018 concerning Guidelines and Procedures for Investment Licensing and Facilities, as amended by the BKPM Regulation No. 5 of 2019; and (ii) the BKPM Regulation No. 1 of 2020 concerning Guidelines for the Implementation of Electronically Integrated Licensing Services ("BKPM Regulation No. 1/2020").

Commonly, the utilization of expatriates in Indonesia reflects a need for talent in certain positions. The employment of such foreign workers in Indonesia must be in accordance with the procedures for using foreign workers, as ordinarily regulated by the government and/or the Minister of Manpower. Upon the enactment of the Omnibus Law, provisions regarding foreign workers have undergone regulatory changes in the employment cluster. Following our previous newsletter, there are uncertain matters related to the use of expatriates that have not been regulated under the Omnibus Law.

The employment sector is one of the clusters that has received the most attention since the issuance of the Omnibus Law. Following our previous newsletter, there were uncertain matters that have not been regulated under the Omnibus Law considering those matters that will be further regulated under the government regulations. Finally, the government of Indonesia issued several regulations in the employment cluster to accommodate the implementation of particular provisions in the Omnibus Law. The Ministry of Manpower also unveiled a regulation to support the implementation of the relevant government regulation.

Law Office Yang & Co. (“Yang & Co”) gladly announces the appointment of Mr. Christian Yang as a new Partner in Yang & Co effective from the 9th of March 2021.

As Southeast Asia’s largest economy and one of the world’s fastest-growing economies, Indonesia offers plenty of career opportunities for locals and expatriates alike. Indonesia’s booming economy is perfect for foreign professionals who wish to build their careers. Therefore, no wonder that in 2020 nearly 100,000 foreign professionals residing and working in Indonesia.

On 2 November 2020, President Joko Widodo signed Law No. 11 of 2020 concerning Job Creation (“Job Creation Law”). The Job Creation Law is expected to increase the investment, ease doing business in Indonesia, and enlarge job opportunities for Indonesian workers. As Indonesia is ranked 73rd out of 190 countries in terms of ease of doing business by the World Bank in 2020, Indonesia must take serious action on this. This article will discuss the Indonesian government’s efforts in supporting ease of doing business by deleting some licenses as well as amending the requirements and approval process to simplify business licenses in the Job Creation Law.

The enactment of Law No. 11 of 2020 concerning Job Creation (“Omnibus Law”) on 2nd November 2020 amends 78 (seventy-eight) prevailing legislations and also brings a new concept in Indonesia. One of them is the “Land Bank” concept.

The Job Creation Bill was finally promulgated as Law No. 11 of 2020 concerning Job Creation (“Job Creation Law”) on 2 November 2020. This Job Creation Law is over 1.187 pages long, consists of 186 articles, which ultimately amends 78 prevailing legislations. The main aim of the Job Creation Law is to boost investment and create jobs by streamlining regulations and simplifying the licensing process to improve the ease of doing business in Indonesia.

After a prolonged discussion, the Job Creation Bill was finally promulgated as Law No. 11 of 2020 concerning Job Creation (“Job Creation Law”) on 2 November 2020. This Job Creation Law is over 1.187 pages long, consists of 186 articles, which ultimately amends 78 prevailing legislations.

The Ministry of Finance (“MoF”) issued the Regulation No. 115/PMK.06/2020 of 2020 on the Utilization of State Owned Assets (“MoF Reg No. 115/2020”), which came into force on 31 August 2020. The MoF Reg No. 115/2020 revokes and replaces several MoF regulations, among others: (i) MoF Regulation No. 78/PMK.06/2014 on the Procedure of Utilizing State-Owned Assets; (ii) MoF Regulation No. 164/PMK.06.2014 on the Procedures of Utilizing the State Owned Assets in the Context of Infrastructure Provision (“MoF Reg No. 164/2014”), which has been amended by the MoF Regulation No. 65/PMK.06/2016 on the Amendment of the MoF Regulation No. 164/2014; and (iii) MoF Regulation No. 57/PMK.06/2016 on the Procedures for Leasing State-Owned Assets.

The coronavirus disease 2019 (“COVID-19”) is not only striking out every aspect of day-to-day life but also causes a disruption in the Indonesian investment climate. Interference from the COVID-19 can be seen in the decline of the Indonesian Investment Realization in the second quarter of 2020, whereby according to the press release of the Indonesian Capital Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM”), it was slowing down as much as 4.3% compared to the same period in 2019[1]. The realization of Foreign Direct Investment was contributed to 50.9% of the total of such investment realization.

The Governor of the Special Capital Region of Jakarta Province (“DKI Jakarta”) has been forced to re-apply the Large Scale Social Restriction (Pembatasan Sosial Berskala Besar/”PSBB”) due to the significant escalation of the spread of Coronavirus Disease 2019 (“COVID-19”) in the territory of DKI Jakarta through the issuance of the Decree No. 959 of 2020 concerning the Enactment of Large Scale Social Restriction Implementation In Handling the Corona Virus Disease 2019 (COVID-19) in the Special Capital Region of Jakarta Province (“Governor Decree No. 959/2020”). As the implementing regulation of the Governor Decree No. 959/2020, the Governor of DKI Jakarta also issued the Governor of DKI Jakarta Regulation No. 88 of 2020 concerning the Amendment of Governor of DKI Jakarta Regulation No. 33 of 2020 concerning the Implementation of Large Scale Social Restriction in Handling the COVID-19 in DKI Jakarta (“Governor Regulation No. 88/2020”).

A digital government service is one of the basic capabilities of national automated system offered by several government agencies in Indonesia. On April 6, 2020, MoA issued new regulation No. 5 of 2020 (“MoAR No. 5/2020”) which replaced MoAR No. 9/2019. The main difference is that, Article 3 (2) of MoAR No. 5/2020 states the mortgage registration service shall be done solely by HT-el. Subsequently, starting from April 8, 2020, MoA will no longer receive any manual submission of mortgage registration.

During the COVID-19 pandemic in Indonesia since March 2020, various services such as overseas flights and other economic activities in Indonesia have stopped. Lots of Indonesian investors are unable to fly back to Indonesia to continue their business activities. Numerous obstacles caused this to happen, and one of them is the signing of documents for their company in Indonesia. In such circumstances, documents that were signed from overseas by the investor and will be used in Indonesia shall be consularized to the Indonesian Embassy. However, during this pandemic, some of the Indonesian Embassies have closed their services. In that case, this can be solved by using a certified electronic signature (“E-signature”) created by an Indonesian electronic certification organizer.

On the 10th of February 2020, the Minister of Trade (“Minister”) has issued Regulation No. 8 of 2020 concerning in Electronically Integrated Business Licensing Service within the Trade Sector (“Regulation No. 8/2020”), as the new legal framework for licensing services in trade sector. This Regulation No. 8/2020 was initiated to replace the Ministry Regulation No. 77 of 2018 with the same title (“Previous Regulation”).

The Real Estate Investment Fund (Dana Investasi Real Estat or “DIRE”) has been known since 2007 in Indonesia. It has been regulated under the Regulation of Capital Market and Financial Institution Supervisory Agency (Badan Pengawasan Pasar Modal dan Lembaga Keuangan or “Bapepam-LK”), currently known as Regulation of Financial Services Authority (Otoritas Jasa Keuangan or “OJK”). The regulation of DIRE has been amended from time to time and most recently, the OJK issued the Regulation of OJK No. 64/POJK.04/2017 concerning Real Estate Investment Fund in the Form of Collective Investment Contract (“POJK 64/2017”), which revoked the old regulations.

On 10 July, 2020, the Ministry of Law and Human Rights-Directorate General of Immigration issued a Circular Letter No. IMI-GR.01.01-1102 of 2020 concerning Immigration Stay Permit Services in New Normal (“Circular Letter”). The Circular Letter intends to give guidelines on the immigration services in new normal era.

Indonesian COVID-19 Task Force on 6 June 2020 issued further guidance on health procedure for traveling within Indonesia and arrival from overseas. Traveling means movement of people from one area to the another area of province/regency/city administrative boundaries, and arrival of people from overseas entering Indonesia using private transportation or land, train, water and air public transpiration. Traveler must follow health protocol by using face mask, conducting social distancing and washing hand regularly.

In an attempt to support the government’s “new normal” policy while supporting the sustainability of businesses in amidst of COVID-19 pandemic, the Ministry of Health has issued the health protocols for the employer and its employees to mitigate the spread of COVID-19 in the workplaces as set forth in the Ministry of Health Decree No. HK.01.07/MENKES/328/2020 of 2020 on COVID-19 Prevention and Control Guideline in Offices and Industrial Workplaces in Support of Business Sustainability in Pandemic Situations dated 20 May 2020 (“MHD No. 1/2020”).

To overcome the deterioration of Indonesian economic due to the impact of Covid-19 pandemic and as one of the implementing regulations of the Government Regulation in Lieu of Law No. 1 of 2020 on State Financial Policy and Financial System Stability in Handling Covid-19 pandemic and/or to Manage the Threat that may Endanger the National Economy and/or Financial System Stability, OJK has issued OJK Regulation No. 18/POJK.03/2020 on Written Order to Manage Problematic Banks (“OJK Reg. 18/2020”).

The rapid spread of COVID-19 has caused the World Health Organization (WHO) declares a public health emergency and leading to Indonesian government closes international borders for temporary. Business sectors have been affected since the contractual parties cannot deliver their obligations on time. Therefore, contractual parties are looking to their agreements or contracts to find ways to escape liabilities by using force majeure as an excuse. The question would relate to the contractual parties’ good faith so that such party will not be considered as the defaulting party because of non-performance due to this Covid-19 situation? Can the Force Majeure clause automatically be applied in their agreements or contracts? Can the contractual parties use Presidential Decree of the Republic of Indonesia Number 12 of 2020 concerning the Stipulation of Non-Natural Disaster of the Corona Virus Disease 2019 (Covid-19) outbreak as a National Disaster (“President Decree No. 12/2020”) to determine Force Majeure event?

The Governor of the Special Capital Region of Jakarta Province (“DKI Jakarta”) issued the Decree No. 380 of 2020 concerning the Enactment of Large Scale Social Distancing Implementation In Handling the Corona Virus Disease 2019 (COVID-19) in the Special Capital Region of Jakarta Province (“Governor Decree No. 380/2020”) to reduce the spread of Coronavirus Disease 2019 (“COVID-19”) in the territory of DKI Jakarta. As the implementing regulation of the Governor Decree No. 380/2020, the governor of DKI Jakarta also issued the Governor of DKI Jakarta Regulation No. 33 of 2020 concerning the Implementation of Large Scale Social Distancing in Handling the COVID-19 in DKI Jakarta (“Governor Regulation No. 33/2020”).

On 2 April 2020, the Directorate General of Immigration has issued the Circular Letter No IMI-GR.01.01-2325 of 2020 Regarding the Temporary Ban for Foreigners to Enter into Indonesia (“Immigration Circular Letter No. 2325/2020”). The issuance of Immigration Circular Letter No. 2325/2020 is the implementation of the Ministry of Law and Human Rights Regulation No. 11 of 2020 Regarding the Temporary Ban for Foreigners to Enter into Indonesia (“Permenkumham No. 11 of 2020”). This Permenkumham No. 11 of 2020 was effective on 2 April 2020.

The Financial Services Authority (Otoritas Jasa Keuangan/”OJK”) issues the regulation No. 11/POJK.03/2020 of 2020 concerning the Stimulation of National Economic as the Countercyclical Policy of the Coronavirus Disease 2019 Spread (“POJK No. 11/2020”). POJK No. 11/2020, which was enacted on 16 March 2020, appears to mitigate the impacts of the spread of Coronavirus Disease 2019 (“COVID-19”) which may disrupt the economic growth in Indonesia.

On 31 March 2020, Ministry of Law and Human Rights has issued a new regulation No. 11 of 2020 Regarding the Temporary Ban for Foreigners to Enter into Indonesia (“Permenkuham No. 11/2020”). Through this Permenkuham No. 11/2020, Indonesian Government prohibits all foreigners to enter or transit in Indonesia.

To responding the World Health Organization (WHO) statement on 11 March 2020 that declared the Corona Virus Disease 19 (“COVID-19”) as a global pandemic, Indonesian Government, through National Disaster Management Board (Badan Nasional Penanggulangan Bencana), has issued a statement that currently Indonesia is in a state of an emergency outbreak situation with regard to the spread of COVID-19 within Indonesia’s territory.

The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency “MoA” has issued the Regulation No. 9 of 2019 concerning Electronically Integrated Security Rights Services (“MoAR No. 9/2019”) which has been in force since 21 June 2019.

For a decade, the Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem (“Law No. 24/2009”) requires both foreign and local business actors to use Indonesian language for transactions and commercial documents that involve the Indonesian party.

On 31 December 2018, the Ministry of Education and Culture (“MOEC”) issued the Regulation No. 48 of 2018 concerning Location Permits for Filmmaking in Indonesia by Foreign Parties (“Regulation No. 48/2018”).

The Financial Services Authority (Otoritas Jasa Keuangan/”OJK”) has issued regulation on Equity Crowdfunding, i.e. OJK Regulation No. 37/POJK.04/2018 concerning Equity Crowdfunding (“POJK No. 37/2018”) which has been in force since 31 December 2018.

On 9th October 2018, the Governor of the Special Region of Jakarta (“Governor”) has enacted the new regulation regarding the 2019 provincial minimum wage, namely the Governor of DKI Jakarta Regulation No. 114 of 2018 (“Governor Regulation No 114/2018”).

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”).

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”).

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”)...

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...

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”)...

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...

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”)...

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...

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...

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...

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...

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...

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...

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...

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”)...

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...

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”)...

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”)...

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...

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...

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...

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...

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...

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...

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...

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...

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")...

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...

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...