On 31 March 2017, the Minister of Law and Human Rights of the Republic of Indonesia (“MOLHR”) amended Regulation of MOLHR number 11 of 2016 on Guidelines regarding the Fees of Receiver and Administrator (“Regulation No. 11 of 2016”) by issuing Regulation of MOLHR number 2 of 2017 (“New Regulation”). Under the New Regulation, MOLHR…
Read detailsBy Immanuel A. Indrawan – Partner (Commercial Dispute Resolution) In Indonesia, enforcement of arbitral awards requires the leave of the court. The enforcement process is conducted in the same manner as enforcement of court judgments, in accordance with the civil procedural rules. Particularly for arbitral awards made outside the jurisdiction of Indonesia, an exequatur…
Read detailsby Barli Darsyah – Partner (Corporate & Securities) Policies to support the implementation of Law No. 11 of 2016 on Tax Amnesty (“Tax Amnesty Law”) have been made by the Indonesian Financial Services Authority (Otoritas Jasa Keuangan or “OJK”). OJK recently issued Circular Letter No. 35/SEOJK.04/2016 on Mandatory Tender Offer as a Result of the Acquisition…
Read detailsIn overview, this update will highlight the anticipated impact of the MCI Regulation (when it comes into effect) on the business operation of foreign OTT service providers in Indonesia.
Read detailsThe suspension of three KPK leaders and subsequent appointment of three interim leaders with a government regulation-in-lieu-of-law in 2009 raised some degree of controversy.
The enactment of the regulation in-lieu-of-law itself was questionable amid expectations that police should halt their investigations into allegations against Chandra Hamzah and Bibit Samad Rianto, two of the KPK’s leaders who were declared suspects in a bribery and abuse-of-power case.
Read detailsRecently, a number of Indonesian doctors staged a protest against the Supreme Court’s decision to jail three doctors for their role in the death of a pregnant patient in Manado. It appears that the ruling has been interpreted as the criminalization of the medical profession, an issue that has angered many doctors who claim it was a mishandling of a doctor-versus-patient case where doctors’ immunity from legal charges was supposed to be guaranteed in the performance of their profession.
Read detailsI. Background The District Court of West Jakarta (the Court) has declared an English language loan agreement between a non-Indonesian lender and an Indonesian debtor null and void by operation of law since it did not contain an Indonesian language version. As a background, on 9 July 2009, the Indonesian Government enacted the Law No.…
Read detailsThe Head of Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal or BKPM) has issued a new Regulation No. 5 of 2013 regarding Guideline and Procedure for Licenses and Non-Licenses for Capital Investment (the New Regulation). This new regulation revokes the previous Regulation of Head of BKPM No. 12 of 2009 regarding Guideline and Procedure of…
Read detailsI. The Precedent The Commercial Court at the District Court of Central Jakarta (the Central Jakarta Commercial Court ) has declared PT Djakarta Lloyd (Persero) ( Djakarta Lloyd ), a state-owned company that engages in shipping business, under the status of suspension of payment (locally known as Penundaan Kewajiban Pembayaran Utang or PKPU ) based…
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