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The Impact of the European Union’s General Data Protection Regulation on Indonesian Companies

The European Parliament and the Council of European Union enacted Regulation 2016/679 on 25 May 2018, known as General Data Protection Regulation (“GDPR”). The GDPR provides a set of standardized data protection laws, which are intended to make it easier for consumers worldwide to understand how their data is being used.

GDPR has extra-territorial application outside European Union (“EU”) member states, and therefore affects data processing activities of controllers in other countries including Indonesia, where goods and services …

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ASOSIASI FINTECH PENDANAAN BERSAMA INDONESIA (AFPI) & the Supervision Peer-to-Peer Lending Companies In Indonesia

Indonesia’s peer-to-peer lending industry is experiencing massive growth. To help regulate institutions in the space, on October 5th, 2018, the Indonesian Financial Services Authority (OJK) established Asosiasi Fintech Pendanaan Bersama Indonesia (AFPI), the country’s official association for peer-to-peer lending businesses.

OJK inaugurated the association through Letter No. S-5/D.05/2019 dated March 8th, 2019, and now requires every peer-to-peer lending company…

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Schinder Law Firm Hosted Atma Jaya University’s Summer Course on Business Law

On 24 July 2019, Schinder Law Firm hosted a full-day class of Atma Jaya University’s Summer Course on Business Law. The international students participating in the Course are from Afghanistan, Egypt, Eritrea Iraq, Sudan, Somalia, Taiwan, and Vietnam. The class was intellectually stimulating and culturally enriching for both our firm and the students.

Our Senior Advisors Professor IBR Supancana and Dr Bambang Supriyanto, who are also faculty members of the University, delivered lectures on Indonesian investment and employment laws…

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The Regulations of Emissions Quality Standards in Thermal Power Plants

Jakarta’s sky consistently finds itself shrouded in a blanket of pollution, followed by hundreds of citizens using their smartphones to monitor the air quality. On a car free day, many pose the question: is today’s pollution safe enough for me to exercise outside? Although the city’s steep pollution comes as no surprise to many inhibitors, the citizens of Jakarta are beginning to take serious actions against the government to demand better air quality.

In light of the topic of air quality standards, Schinder Law Firm highlights a new regulatory policy: the Minister of …

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Public Services Shutdown for Company and Business Domicile Letter in Jakarta

Jakarta, Indonesia’s capital and commercial center, is taking a big step to improve the ease of doing business in the country. Jakarta’s Investment and One-Stop Services Agency (Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Pemerintah Provinsi Daerah Khusus Ibukota Jakarta-“PTSP DKI”) has recently issued Announcement Number 27 of 2019, regarding the Public Services Shutdown for Company Domicile Letter Non-License and Business Domicile Letter.

Company Domicile Letters…

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FILING A CLASS ACTION LAWSUIT IN INDONESIA

We commonly hear about a class action lawsuit filed on the television or in the newspaper, but often, fail to understand the principle, mechanism and requirements that lay the foundations of a class action. A class action lawsuit is a type of procedure, whereby one or more individual(s) that represent a group of people file for an issue that possess similar facts or legal basis, in accordance set forth by Article 1 (a) Perma 1/2002. The individual(s) who represent the group are referred to as the ‘class representative(s),’ bringing the claim to the court on behalf of the group that are filing; these are …

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Industrial Business Licensing for Alcoholic-Beverage Production

In parts of Indonesia, drinking is an inseparable part of the indigineous culture, playing a large role in cultural festivals and social gatherings. Traditional alcoholic beverages are often brewed in backyards, made by fermenting rice, sugar cane, and palm sugar, then flavoring with herbs. Some of the more notable drinks are Arak Bali (Balinese rice wine), Ciu (Javanese vodka), Tuak (Sumatran rice wine), and Saguer (Minahasan palm sugar fermented drink).

Alcoholic beverages from outside Indonesia – such as…

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English as Prevailing Language in an Agreement: The Indonesian Law Perspective

According to the Indonesia Investment Coordinating Board (BKPM)’s report of the country’s investment realization in Q1 2019, foreign direct investment increased relative to the same time period in 2018 – in part, driven by the increase in the number of foreign owned companies in Indonesia, the country saw a rise in the number of transactions and agreements entered. For many of these multinational companies, English is the preferred language of business, used in formal agreements and documentation.

In Indonesia, Law No. 24 of 2009, concerning Flag, Language,…

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Search and Seizure 101

Criminal cases are high risk legal issues. Often, they are disruptive to everyday business operations – companies are subjected to crippling fines, or public relations disasters. In Indonesia, proceedings for such cases are split into two stages: inquiry (penyelidikan), then investigation (penyidikan). In the inquiry stage, law enforcement officers try to establish whether a specific event actually constitutes a crime. If the event indeed constitutes a crime, an investigation, which includes the gathering of evidence and finding of suspects, will ensue…

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Hate Speech in Indonesia

In its simplest form, Hate Speech is a statement intended to demean and brutalize another.

It is the use of cruel and derogatory language, gestures or vandalism often directed towards an individual or group. The Indonesian National Commission of Human Rights (Komisi Nasional Hak Asasi Manusia or Komnas HAM) defines Hate Speech as “any action and effort, either direct or indirect, committed based on hatred towards a tribe, religion, belief/faith, race, skin color, ethnicity, disability, and sexual orientation which are incitement against an individual or group of individuals to inispire discrimination…

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