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…
Electronic System Provider (PSE) Registration Provisions in Indonesia
The blocking of Private Scope Electronic System Operators (“PSE”) that missed the Ministry of Communication and Information’s (“Kominfo”) notice of the registration deadline resulted in several PSE’s being blocked, including PayPal, on July 30th, 2022. As a result, the policy has sparked public outcry. In response, Kominfo announced a new approach to temporarily open the PayPal website and expects consumers who utilize PayPal services will be…
Amendment to Smelter Licenses in Indonesia: Annulment of Special Operation Production Mining Business License for Implementation of Industrial Business License
In accordance with the government’s program to promote the value of natural resource commodities and with the enactment of Law No.3 of 2020 concerning amendments to Law No.4 of 2009 (“Law 3/2020”), there has been a significant change in the licensing to carry out smelter operation business, especially smelter for nickel as a commodity. It is hoped that…
Labor Law Guide: What You Need to Know in the Event of a Labor Strike in Indonesia
Regulations in Indonesia are very dynamic. This is to create ease for investment to Indonesia. Changes in regulations, specifically in the area of labor issues, can sometimes trigger a conflict between the employer and the laborers, leading to a strike. A strike is an action by laborers that is planned and carried out jointly and/or by a trade union/labor union to stop or slow down work. Strikes by laborers are thankfully not a regular occurrence, but…
Practice Area
- Dispute Resolution
- Foreign Direct Investment
- Business Formation, Mergers and Acquisitions
- Land and Property
- Construction and Real Estate
- Employment and Labor
- Environmental Law
- Bankruptcy, Insolvency and Restructuring
- Aviation and Shipping
- White Collar Crime
- Intellectual Property and IP Dispute
- Privacy, Data Protection and Cyber-Security
