
The Obligation to Register Fixed Term Employment Agreements in Indonesia
The Fixed Term Employment Agreement or Perjanjian Kerja Waktu Tertentu (PKWT) based on Indonesian government regulation, is regulated under Government Regulation No. 35 of 2021 on Fixed-Term Employment Contracts, Outsourcing, Hours Of Work, And The Procedure For The Termination Of Employment (“GR 35/2021”), which implements the Indonesian Job Creation Law under the government’s effort to provide greater protection to employees (workers/labors)….

Key Points in the Minister of Health Regulation (PMK) No. 24 of 2022 on Medical Records in Indonesia
On 31 August 2022, the Ministry of Health of Indonesia issued the Minister of Health Regulation No. 24 of 2022 on Medical Records (“PMK 24/2022”). The PMK 24/2022 is a regulatory framework that functions as the implementation of the health technology transformation in Indonesia, which is Indonesia’s sixth pillar of Health Transformation. The PMK 24/2022 has replaced the PMK No. 269 of 2008 on Medical Records. The main issues in the PMK 24/2022 are data storage and transfer, which are also subject to Law No.27 of 2022 concerning Privacy Data Protection (“PDP Law”)….

The Importance of the Construction Safety Management System (SMKK) in Indonesia
On 2 February 2021, the government issued Indonesian Government Regulation No. 14 of 2021 as an amendment to Government Regulation No. 22 of 2020 on the Implementation of Law No. 2 of 2017 on Construction Services (Amended GR 22/2020). One of the most significant changes in Amended GR 22/2020 is regarding the Construction Safety Management System (SMKK).

A Brief Overview of the Indonesian Personal Data Protection Law
President Joko Widodo officially ratified Law No. 27 of 2022 on Personal Data Protection (PDP Law) on 17 October 2022, which has been expected for a long time, ever since the first draft was released for public comment on 28 January 2020. Before the PDP Law was ratified, personal data protection regulation in Indonesia was not codified under a particular law. Instead, it was regulated in more than 30 different laws and regulations…

A Journey to PDP Law Compliance: Data Privacy Transfer in Indonesia
Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses. Prior to the PDP Law, there was no protection for data privacy under the law…

Bankruptcy Process up to Auction Proceedings in Indonesia
In the commercial world, capital lending is a natural thing, as it is a driving force for companies to run, expand or maintain their business. However, it is also not uncommon for companies as debtors to neglect their obligations to pay, which causes creditors to file bankruptcy lawsuits against debtors. Article 2 Paragraph (1) Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment (“Law No. 37/2004”) states that a debtor can only be stated….

Financial Services Authority (OJK) Sets Out Restrictions on New Business Actors in Indonesia
The Financial Services Authority (“OJK”) issued the OJK Regulation in Indonesia No. 10/POJK.05/2022 concerning Information Technology Based Collective Financing Services (“POJK 10/2022”) which took effect on July 4, 2022, and revoked the Financial Services Authority Regulation No. 77/POJK.01/2016 (“POJK 77/2016”). The POJK 77/2016 was originally introduced to quickly respond to the Peer-to-Peer Lending (P2P Lending) industry…

Ratification of Personal Data Protection Law of Indonesia
The House of Representatives of the Republic of Indonesia finally ratified the Personal Data Protection Bill (PDP Bill) into law (PDP Law) on 20 September 2022 in accordance with the regulation in Indonesia, with updates and additional clauses that are more comprehensive in accommodating personal data protection. Indonesia now joins other jurisdictions in Southeast Asia that have dedicated personal data protection laws, including Singapore and Thailand. However, the PDP Law not gone into effect…

The Legal Aspect of Electronic Agreements in Indonesia
Contracts have been a staple in most business and commercial activities. Recently, an electronic agreement has become the most preferable form of contract for foreign investors for investment in Indonesia. The law in Indonesia covers the use of electronic agreements. The electronic agreement or electronic contract is defined in Article 1 Number 17 of Law no. 11 of 2008 concerning Information and Electronic Transactions (EIT Law) as an agreement between the parties made through an electronic system. Electronic agreements are made…

Tax Credits on Overseas Income of Domestic Taxpayers in Indonesia
In the current era of globalization, international trade activities are a source of state income for the country. One of the essential aspects that needs to be considered by business actors in the field of international trade is taxation. In accordance with Law No.36 of 2008 jo. Law No.7 of 2021 (“Tax Law”) of regulation in Indonesia, income tax is any additional economic capability received or obtained by the taxpayer, both from Indonesia…
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