21 Oct 2016
SIMPLIFICATION OF PROVISIONS ON IMPORTATION OF GADGETS
The government amended, for the third time, the provisions on importation of cellular phones and handheld and tablet computers (“Gadgets”) by issuing Regulation of the Minister of Trade No. 41/M-DAG/PER/5/2016 of 2016 (“Regulation”) regarding Third Amendment to Regulation of the Minister of Trade No. 82/M-DAG/PER/12/2012 regarding the same subject matter. In line with the main…
21 Oct 2016
DRAFT LAW ON DRUG AND FOOD SUPERVISION
The Government has submitted a draft law on Drug and Food Supervision (“Bill“) to the House of Representatives, just in time following the recent uncovering of the counterfeit vaccine and drugs scandal. The Bill has been included in the 2015-2019 National Legislative Program, even though it is not placed in the priority category for the year 2016. Serving as an umbrella for regulations…
21 Oct 2016
NEW PATENT LAW
On 26 August 2016, the Indonesian Government enacted Law No. 13 of 2016 on Patents (“New Patent Law”). This new law became effective on the enactment date and replaces Law No. 14 of 2001 on the same subject matter (“Old Patent Law”). The noteworthy provisions of the New Patent Law are as follows: Scope of Patent Protection The New Patent Law stipulates in its Chapter II Article…
21 Oct 2016
AMENDMENT TO NUISANCE PERMIT REGULATION
The Minister of Home Affairs has recently enacted Regulation No. 22 of 2016, resulting in an amendment of Regulation of the Minister of Home Affairs No. 27 of 2009 on Guidelines for the Granting of Regional Nuisance Permits. This amendment is part of President Joko Widodo’s policy to reduce the number of required business permits/licenses to start a business. The amendment results in two important…
03 May 2016
NEW REGULATION OF THE MINISTER OF ENERGY AND MINERAL RESOURCES REGARDING EXPORT SALES OF PROCESSED AND PURIFIED MINERALS
On 5 February 2016, the Minister of Energy and Mineral Resources (“MEMR”) issued Regulation No. 05 of 2016 on Procedure for the Issuance of Recommendation for Export Sales of Processed and Purified Minerals (“Regulation 05”). Regulation 05 revokes the previous MEMR Regulation No. 11 of 2014 and Regulation of the Director General of Minerals and Coal (“DGMC”) No.…
03 May 2016
REGISTRATION PROCEDURE OF IP LICENSING AGREEMENT
The Ministry of Law and Human Rights of the Republic of Indonesia (“MOLHR”) has issued a new regulation which requires that all IP licensing agreements be registered for recordation at the ministry. The regulation is MOLHR Regulation No. 8 of 2016 regarding Rules and Procedures for the Recordation of Intellectual Property License Agreements (“Regulation No. 8 / 2016”). Regulation…
03 May 2016
INDONESIAN GOVERNMENT ISSUES PRESIDENTIAL REGULATION TO ACCELERATE ELECTRICITY INFRASTRUCTURE DEVELOPMENT
On January 19, 2016, the Government of the Republic of Indonesia (GoI) promulgated Presidential Regulation No. 4 of 2016 concerning Acceleration of Electricity Infrastructure Development (“PR 4/2016”). The issuance of PR 4/2016 is part of the GoI’s commitment to ensure the success of its 35,000 MW program. PR 4/2016 outlines the rules of the game for the implementation of the Electricity…
03 May 2016
ELEVENTH INDONESIAN ECONOMIC POLICY PACKAGE: IMPROVING NATIONAL COMPETITIVENESS IN THE GLOBAL ECONOMIC BATTLE
The Indonesian Government unveiled, on Tuesday, 29 March 2016, its 11th economic stimulus package (“Package”). The Package is the latest of the series of economic stimulus packages which have been issued since September 2015 with the aim of boosting the country’s economic growth and improving the investment climate. The following are the Package’s five points: Export-Oriented…
03 May 2016
SEMINAR ON REGULATION AND FINANCING OF SHIPPING BUSINESS IN INDONESIA
Yayasan ABNR will be organizing a seminar on "Regulation and Financing of Shipping Business: Responding to Challenges and Opportunities of Maritime Industry in Indonesia" which will be held on May 24, 2016 at Financial Hall, Graha CIMB Niaga. The seminar will discuss business opportunity and investment in shipping business, financing and security law, as well as obstacles related to the banking sector.…
12 Apr 2016
PROVISION OF OVER-THE-TOP APPLICATIONS AND/OR CONTENT SERVICE VIA THE INTERNET
On 31 March 2016, the Minister of Communications and Information Technology (“CIT”) issued Circular Letter Number 3 of 2016 concerning Provision of Over-The-Top Applications and/or Content Services via the Internet (“OTT Services”) (“Circular Letter”). The Circular Letter begins with a general remark that the CIT Ministry is preparing a regulation regarding OTT…
24 Mar 2016
ABNR WINS 2016 IFLR “NATIONAL LAW FIRM OF THE YEAR' AWARD FOR INDONESIA
Ali Budiardjo, Nugroho, Reksodiputro (ABNR) was named “National Law Firm of the Year for Indonesia” at the International Financial Law Review (IFLR) Asia Awards ceremony in Hong Kong which took place on March 3, 2016. ABNR also received the “Restructuring Deal of the Year” award for its work on the $2 billion debt restructuring of PT Berlian Laju Tanker Tbk, one of the world’s…
02 Mar 2016
NEW LAW ON PUBLIC HOUSING SAVINGS IMPOSES MANDATORY EMPLOYER CONTRIBUTION
On February 23, 2016, the Indonesian House of Representatives passed the bill on Public Housing Savings into law. The law on Public Housing Savings (Tabungan Perumahan Rakyat / “Tapera Law”) will be the foundation for the government’s Tapera Program, a housing savings program for workers which will be established to help low income people attain proper housing. The Tapera Law is…
17 Feb 2016
INDONESIAN GOVERNMENT ANNOUNCES REVISION OF NEGATIVE INVESTMENT LIST
The Indonesian government announced that it will issue a revision of the current Negative Investment List (“DNI”), which will enumerate business lines that are closed and conditionally open to foreign investment (e.g. by imposing a cap on foreign ownership in Indonesian companies or requiring foreign investors to collaborate with domestic micro, small and medium size companies (“SMEs”)…
09 Feb 2016
NEW PARTNERS APPOINTMENTS
ABNR is delighted to announce the promotion of Senior Associates Kevin Omar Sidharta and Indra Setiawan to the position of Partner with effect from 1 January 2016. Kevin Omar Sidharta joined ABNR in 2002 and became a partner at the beginning of 2016. He attended the Faculty of Law of the University of Indonesia, majoring in Business Law. After his graduation in 2000, he went on to continue his law…
09 Feb 2016
NEW OJK REGULATION ON RIGHTS ISSUE
A new regulation on rights issue was passed in December of last year by the Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) under number 32/POJK.04/2015 regarding Increase of Capital with Pre-emptive Rights (“Regulation 32/2015”). Regulation 32/2015 is promulgated by way of and attached to Decision of the Chairman of Bapepam-LK No. Kep-26/PM/2003 on Pre-emptive…
09 Feb 2016
NEW GOVERNMENT REGULATION ON EXPLOITATION OF WATER RESOURCES BUSINESS
The Government of Indonesia just issued Government Regulation No. 121 of 2015 regarding Exploitation of Water Resources for Business Purposes (“GR 121/2015”), as the implementing regulation of Law No. 11 of 1974 regarding Water Cultivation (“Law 11/1974”). Law 11/1974 which was previously revoked by Law No. 7 of 2004 regarding Water Resources came back into effect when Law…
09 Feb 2016
OJK REGULATION ON EXEMPTION FROM REPORTING AND ANNOUNCEMENT OBLIGATIONS FOR QUALIFIED ISSUERS OR PUBLIC COMPANIES
Another new regulation which was passed by the Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) in December of last year is OJK Regulation No. 29/POJK.04/2015 regarding Issuers or Public Companies Which Are Exempted from Reporting and Announcement Obligations (“Regulation 29/2015”). The reporting and announcement obligations meant by Regulation 29/2015 are obligations…
09 Feb 2016
NEW MINISTER OF TRADE REGULATION ON IMPORTATION OF COMPLEMENTARY GOODS AND GOODS FOR MARKET TEST AND AFTER SALES SERVICE PURPOSES
The Minister of Trade has issued a regulation which restores the permission for holders of the Producer Importer Identification Number (“API-P”) to import what is referred to as “Manufactured Goods” (barang manufaktur), comprising the so-called (i) complementary goods. (ii) market test goods, and (iii) after sales services goods. Upon their importation, the Manufactured Goods…