12 Sep 2023

New Legislation to Kick Start Much Needed Health Sector Reform in Indonesia

With Indonesians spending an eye-watering Rp 100 trillion (USD 6.6 billion) on overseas healthcare every year, the government and national parliament have finally moved to institute a number of much-needed reforms to the domestic health sector, notwithstanding entrenched opposition from the country’s doctors. The reforms are set out in a new omnibus health law (Law No. 17 of 2023) that entered…
06 Sep 2023

ABNR Acts for PT Bank IBK Indonesia on USD 66-million Rights Issue

ABNR advised PT Bank IBK Indonesia Tbk, the Indonesian majority owned subsidiary of South Korea’s state-owned Industrial Bank of Korea, on their recent rights issue that raised approximately IDR 1 trillion (USD 66 million), after deduction of fees and costs. The transaction was closed on 28 July 2023. The rights issue was conducted in order to give effect to Industrial Bank of…
30 Aug 2023

If at First You Don’t Succeed! Indonesian Gov’t Makes Renewed Push to Compel Repatriation of Export Dollars in Commodities Sector

A. Introduction With the rupiah coming under sustained pressure in recent months, the government has launched a renewed push to compel the repatriation of commodity export earnings to Indonesia by issuing Government Regulation No. 36 of 2023 on Export Proceeds from the Exploitation, Management and/or Processing of Natural Resources (“GR 36”),[1] which requires exporters in the mining,…
09 Aug 2023

Students gain exciting insight into the legal world at ABNR Open Day

We are thrilled to share the success of our ABNR Open Day, held on Saturday, August 5, 2023. The event welcomed a diverse group of 100 aspiring law students from various universities across Indonesia, offering them a firsthand glimpse into the world of a modern commercial law firm. Our team was delighted to extend a warm welcome to the students, fostering a unique opportunity for them to interact…
04 Aug 2023

ABNR Advises MoneyGram on Indonesian Regulatory Aspects of Their Acquisition by Madison Dearborn

ABNR advised PT MoneyGram Payment System Indonesia, the Indonesian subsidiary of MoneyGram International Inc. (“MoneyGram”), on the Indonesian regulatory aspects of the recently closed acquisition of MoneyGram by funds associated with Madison Dearborn Partners (“MDP”). MoneyGram is a leading financial technology company that connects the world's communities, while MDP is…
28 Jul 2023

ABNR Acts for Geo Energy on Acquisition of Indonesian Coal Interests from Rajawali Group

We would like to congratulate our client, Singapore-Indonesian coal producer Geo Energy Group, on the signing of the conditional share sale and purchase agreements (CSPA) for their acquisition (through subsidiary PT Geo Energy Investama) of (i) a controlling interest in Rajawali Group subsidiary PT Golden Eagle Energy Tbk (GEE), an Indonesia Stock Exchange (IDX)-listed coal mining group; and (ii)…
21 Jul 2023

KPPU Responds to Technological Change Through New Rules on Determination of Relevant Markets

In response to rapid technological change, the chair of the Indonesian Competition Commission (KPPU) has issued a new set of rules on the determination of relevant markets (KPPU Chairman’s Regulation No. 4 of 2022 / Reg. 4/2022[1]). The previous regulation on the issue, KPPU Regulation No. 3 of 2009, was revoked by KPPU Regulation No. 9 of 2022 (effective 28 December 2022). Whilst broadly retaining…
12 Jul 2023

Indonesia Issues New Rules for Identifying and Designating Prospective Mining Areas

A. Introduction On 5 May 2023, the Indonesian Government issued Regulation No. 25 of 2023 on Mining Areas (“GR 25/2023”)[1], which introduces a new regulatory framework for the identification and designation of mining areas. A “Mining Area” is defined in GR 25/2023 as “an area that is designated in the national spatial plan as having mineral and/or coal resources, irrespective…
16 Jun 2023

Gov’t Moves to Boost Interest in Indonesia’s New Capital through Improved Investment Facilities and Licensing Procedures

A. Introduction To follow up on the enactment of Law No. 3 of 2022 on the National Capital City,[1] the government has issued Government Regulation No. 12 of 2023 on Business Licenses, Ease of Doing Business, and Investment Facilities at the National Capital City (Ibu Kota Nusantara /“IKN”) (“GR 12/2023”). [2] The new regulation, effective 6 March 2023, details the crucial…
12 May 2023

New Regulation Consolidates and Expands Shareholder Rights in Indonesian SOEs

A. Introduction On 3 March 2023, the Ministry of State-Owned Enterprises (“MSOE”) issued Regulation No. PER-2/MBU/03/2023 (“Reg. 2/2023”)[1], which revokes 20 other regulations and came into force on 24 March 2023. The new regulation is part of a broader effort to streamline oversight and governance at Indonesia’s state-owned enterprises (“SOE”). To date,…
04 May 2023

Indonesian Gov’t Gives Employers Leeway to Cut Wage Costs Amid Global Economic Challenges

Background On 8 March 2023, the Minister of Manpower issued a new regulation that allows certain export-oriented, labor-intensive enterprises to reduce employees’ working hours and/or wages in order to help them survive amid the ongoing global economic turbulence and waning worldwide demand. The new rules are set out in Minister of Manpower Regulation No. 5 of 2023 (“MoM 5/2023”),[1]…
18 Apr 2023

Mining Ministry Expands Online Licensing to Boost Transparency

Digitalization of the pre-existing manual system for licensing and approval at the Directorate General of Minerals and Coal (“DGMC”) had yet to be completed when the Investment Coordinating Board (“BKPM”) launched its Risk-Based Online Single Submission System (“OSS”) for business licensing and applications in 2021, followed by the issuance of Government Regulation…
12 Apr 2023

Indonesian Competition Commission Rolls Out Major Overhaul of Merger Control Regime

The Indonesian Competition Commission (“KPPU”) has issued a streamlined merger control regulation, which makes fewer mergers, consolidations and acquisitions subject to a notification requirement (particularly foreign-to-foreign ones), sets new rules on the notification process, and reduces review periods.[1] Separately, the Indonesian Government has issued a regulation that makes merger…
13 Mar 2023

Indonesia’s FSA Raises Registration Threshold to Encourage Private Securities Offerings

In 2021, the Indonesian Financial Services Authority (“OJK”) increased the threshold that triggers the requirement to register and seek OJK approval for a private offering of securities. Previously, the registration threshold was IDR 1 billion (approx. USD 65,000), but this was increased to IDR 5 billion (approx. USD 327,000) under OJK Regulation No. 29/POJK.04/2021.[1] This regulation…
08 Mar 2023

State Infrastructure Guarantee Agency Gets Revamp to Boost Sector’s Attractiveness to Financiers

A. Background The Government has moved to expand the remit of its infrastructure guarantee agency in recognition of the ongoing urgent need for private-sector finance to overcome the continuing infrastructure gap in Indonesia, notwithstanding the major progress made to date under the Jokowi administration. As always, the basic problem boils down to money. The need for new infrastructure is enormous,…
07 Feb 2023

Indonesian Gov’t Opts for Quick Fix for “Conditionally Unconstitutional” Job Creation Law

Background On 30 December 2022, the Indonesian Government promulgated an emergency regulation, Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation (“Perppu 2/2022”).[1] The new regulation repeals and replaces Law No. 11 of 2020 on Job Creation (“Job Creation Law” or “JCL”),[2] which was declared “conditionally unconstitutional” by the…
25 Jan 2023

ABNR Awarded Nine Tier-1 Rankings by Legal 500, Eight More Lawyers Recognized

ABNR’s position as a top-tier Indonesia commercial law firm has been reaffirmed by the 2023 rankings published by leading international legal directory The Legal 500 Asia Pacific on Jan 11. ABNR is now ranked as a Tier-1 firm in a total of nine practice areas: Antitrust & Competition; Aviation; Banking & Finance; Labour & Employment; Projects & Energy; Real Estate; Restructuring…
09 Jan 2023

IDX Launches New Economy Board to Accommodate Volatile Tech Stocks

Introduction The Indonesian government and Indonesia Stock Exchange (“IDX”) have long been eager for more players in the country’s booming tech scene to go public. However, investor confidence has been undermined by a perceived lack of financial transparency among tech companies, while the overall performance of the IDX has been dragged down in recent months by the volatility of…

New Legislation to Kick Start Much Needed Health Sector Reform in Indonesia

12 Sep 2023 With Indonesians spending an eye-watering Rp 100 trillion (USD 6.6 billion) on overseas healthcare every year, the government and national parliament have finally moved to institute a number of much-needed reforms to the domestic health sector, notwithstanding entrenched opposition from the country’s doctors. The reforms are set out in a new omnibus health law (Law No. 17 of 2023) that entered…

ABNR Acts for PT Bank IBK Indonesia on USD 66-million Rights Issue

06 Sep 2023 ABNR advised PT Bank IBK Indonesia Tbk, the Indonesian majority owned subsidiary of South Korea’s state-owned Industrial Bank of Korea, on their recent rights issue that raised approximately IDR 1 trillion (USD 66 million), after deduction of fees and costs. The transaction was closed on 28 July 2023. The rights issue was conducted in order to give effect to Industrial Bank of…

If at First You Don’t Succeed! Indonesian Gov’t Makes Renewed Push to Compel Repatriation of Export Dollars in Commodities Sector

30 Aug 2023 A. Introduction With the rupiah coming under sustained pressure in recent months, the government has launched a renewed push to compel the repatriation of commodity export earnings to Indonesia by issuing Government Regulation No. 36 of 2023 on Export Proceeds from the Exploitation, Management and/or Processing of Natural Resources (“GR 36”),[1] which requires exporters in the mining,…

Students gain exciting insight into the legal world at ABNR Open Day

09 Aug 2023 We are thrilled to share the success of our ABNR Open Day, held on Saturday, August 5, 2023. The event welcomed a diverse group of 100 aspiring law students from various universities across Indonesia, offering them a firsthand glimpse into the world of a modern commercial law firm. Our team was delighted to extend a warm welcome to the students, fostering a unique opportunity for them to interact…

ABNR Advises MoneyGram on Indonesian Regulatory Aspects of Their Acquisition by Madison Dearborn

04 Aug 2023 ABNR advised PT MoneyGram Payment System Indonesia, the Indonesian subsidiary of MoneyGram International Inc. (“MoneyGram”), on the Indonesian regulatory aspects of the recently closed acquisition of MoneyGram by funds associated with Madison Dearborn Partners (“MDP”). MoneyGram is a leading financial technology company that connects the world's communities, while MDP is…

ABNR Acts for Geo Energy on Acquisition of Indonesian Coal Interests from Rajawali Group

28 Jul 2023 We would like to congratulate our client, Singapore-Indonesian coal producer Geo Energy Group, on the signing of the conditional share sale and purchase agreements (CSPA) for their acquisition (through subsidiary PT Geo Energy Investama) of (i) a controlling interest in Rajawali Group subsidiary PT Golden Eagle Energy Tbk (GEE), an Indonesia Stock Exchange (IDX)-listed coal mining group; and (ii)…

KPPU Responds to Technological Change Through New Rules on Determination of Relevant Markets

21 Jul 2023 In response to rapid technological change, the chair of the Indonesian Competition Commission (KPPU) has issued a new set of rules on the determination of relevant markets (KPPU Chairman’s Regulation No. 4 of 2022 / Reg. 4/2022[1]). The previous regulation on the issue, KPPU Regulation No. 3 of 2009, was revoked by KPPU Regulation No. 9 of 2022 (effective 28 December 2022). Whilst broadly retaining…

Indonesia Issues New Rules for Identifying and Designating Prospective Mining Areas

12 Jul 2023 A. Introduction On 5 May 2023, the Indonesian Government issued Regulation No. 25 of 2023 on Mining Areas (“GR 25/2023”)[1], which introduces a new regulatory framework for the identification and designation of mining areas. A “Mining Area” is defined in GR 25/2023 as “an area that is designated in the national spatial plan as having mineral and/or coal resources, irrespective…

Gov’t Moves to Boost Interest in Indonesia’s New Capital through Improved Investment Facilities and Licensing Procedures

16 Jun 2023 A. Introduction To follow up on the enactment of Law No. 3 of 2022 on the National Capital City,[1] the government has issued Government Regulation No. 12 of 2023 on Business Licenses, Ease of Doing Business, and Investment Facilities at the National Capital City (Ibu Kota Nusantara /“IKN”) (“GR 12/2023”). [2] The new regulation, effective 6 March 2023, details the crucial…

New Regulation Consolidates and Expands Shareholder Rights in Indonesian SOEs

12 May 2023 A. Introduction On 3 March 2023, the Ministry of State-Owned Enterprises (“MSOE”) issued Regulation No. PER-2/MBU/03/2023 (“Reg. 2/2023”)[1], which revokes 20 other regulations and came into force on 24 March 2023. The new regulation is part of a broader effort to streamline oversight and governance at Indonesia’s state-owned enterprises (“SOE”). To date,…

Indonesian Gov’t Gives Employers Leeway to Cut Wage Costs Amid Global Economic Challenges

04 May 2023 Background On 8 March 2023, the Minister of Manpower issued a new regulation that allows certain export-oriented, labor-intensive enterprises to reduce employees’ working hours and/or wages in order to help them survive amid the ongoing global economic turbulence and waning worldwide demand. The new rules are set out in Minister of Manpower Regulation No. 5 of 2023 (“MoM 5/2023”),[1]…

Mining Ministry Expands Online Licensing to Boost Transparency

18 Apr 2023 Digitalization of the pre-existing manual system for licensing and approval at the Directorate General of Minerals and Coal (“DGMC”) had yet to be completed when the Investment Coordinating Board (“BKPM”) launched its Risk-Based Online Single Submission System (“OSS”) for business licensing and applications in 2021, followed by the issuance of Government Regulation…

Indonesian Competition Commission Rolls Out Major Overhaul of Merger Control Regime

12 Apr 2023 The Indonesian Competition Commission (“KPPU”) has issued a streamlined merger control regulation, which makes fewer mergers, consolidations and acquisitions subject to a notification requirement (particularly foreign-to-foreign ones), sets new rules on the notification process, and reduces review periods.[1] Separately, the Indonesian Government has issued a regulation that makes merger…

Indonesia’s FSA Raises Registration Threshold to Encourage Private Securities Offerings

13 Mar 2023 In 2021, the Indonesian Financial Services Authority (“OJK”) increased the threshold that triggers the requirement to register and seek OJK approval for a private offering of securities. Previously, the registration threshold was IDR 1 billion (approx. USD 65,000), but this was increased to IDR 5 billion (approx. USD 327,000) under OJK Regulation No. 29/POJK.04/2021.[1] This regulation…

State Infrastructure Guarantee Agency Gets Revamp to Boost Sector’s Attractiveness to Financiers

08 Mar 2023 A. Background The Government has moved to expand the remit of its infrastructure guarantee agency in recognition of the ongoing urgent need for private-sector finance to overcome the continuing infrastructure gap in Indonesia, notwithstanding the major progress made to date under the Jokowi administration. As always, the basic problem boils down to money. The need for new infrastructure is enormous,…

Indonesian Gov’t Opts for Quick Fix for “Conditionally Unconstitutional” Job Creation Law

07 Feb 2023 Background On 30 December 2022, the Indonesian Government promulgated an emergency regulation, Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation (“Perppu 2/2022”).[1] The new regulation repeals and replaces Law No. 11 of 2020 on Job Creation (“Job Creation Law” or “JCL”),[2] which was declared “conditionally unconstitutional” by the…

ABNR Awarded Nine Tier-1 Rankings by Legal 500, Eight More Lawyers Recognized

25 Jan 2023 ABNR’s position as a top-tier Indonesia commercial law firm has been reaffirmed by the 2023 rankings published by leading international legal directory The Legal 500 Asia Pacific on Jan 11. ABNR is now ranked as a Tier-1 firm in a total of nine practice areas: Antitrust & Competition; Aviation; Banking & Finance; Labour & Employment; Projects & Energy; Real Estate; Restructuring…

IDX Launches New Economy Board to Accommodate Volatile Tech Stocks

09 Jan 2023 Introduction The Indonesian government and Indonesia Stock Exchange (“IDX”) have long been eager for more players in the country’s booming tech scene to go public. However, investor confidence has been undermined by a perceived lack of financial transparency among tech companies, while the overall performance of the IDX has been dragged down in recent months by the volatility of…