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Foreign Entities Providing Loans and Holding Mortgage Rights in Indonesia

In the realm of real estate development and financing, foreign entities have shown a growing interest in contributing to infrastructure development and investment in various countries, including Indonesia. One mechanism that has gained attention is the concept of foreign entities providing loans and holding mortgage rights, also known as “Hak Tanggungan” in Indonesian law. This practice has the potential to support the expansion of infrastructure…

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Data Retention Within The Framework of Personal Data Protection in Indonesia

In the advancing digital era, personal data protection has become a crucial concern for individuals and organizations worldwide. Indonesia is no exception, responding to this need with the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law). One vital aspect addressed by this law is the retention of personal data. Data retention refers to the policies governing the storage and management of personal data by data controllers. This article will…

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Tax on Benefit In Kind

Starting from the 2022 tax year, income in the form of compensation received due to work or services rendered will be considered taxable income for the recipient. It may also be subject to taxation for the provider based on Law No.7 of 2021 concerning the Harmonization of Tax Regulations (“Law 7/2021”). Benefits in kind are a form of goods given to individuals or workers that does not involve cash payments. While companies generally provide salaries…

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Foreign Investment Opportunities in Carbon Exchange in Indonesia, Post POJK No.14/2023

In August 2023, Indonesia ratified Financial Services Authority Regulation No.14 of 2023 concerning Carbon Trading Through Carbon Exchange (“POJK No.14/2023”). This opens up attractive investment opportunities for foreign nationals interested in participating in carbon market in the country. The regulations outlined below identify several opportunities for foreign investors interested…

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Investor KITAS in Indonesia

KITAS Investor is an immigration product specifically designed for investors who make investments in companies in Indonesia. This document grants a limited stay permit to foreigners in Indonesia, and it is a part of the Indonesian government’s efforts to enhance the investment climate in the country. Although KITAS stands for “Kartu Izin Tinggal Terbatas” (Limited Stay Permit Card), the Indonesian government no longer issues physical cards for this purpose. Instead, it is now commonly referred…

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The Mandatory Obligation of Developing Supporting Housing Infrastructure by the Industrial Area Developers

The Industrial Area plays an exceedingly strategic role as an industrial infrastructure in achieving spatial compatibility, industrial dispersion, and environmental sustainability. This is in accordance with the mandate of Article 106 of Law Number 3 of 2014 concerning Industry (“Law No.3/2014”), which imposes the obligation for new industries to be situated within the Industrial Area.

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The Rise of Crypto in Indonesia: What Investors Need to Know

In recent years, the world has witnessed rapid developments in the financial sector, particularly with the emergence of cryptocurrencies. This phenomenon has profoundly transformed the global economic landscape and captured the attention of diverse stakeholders, ranging from professional investors to everyday internet users. Cryptocurrencies, such as Bitcoin, Ethereum, and numerous others, have become subjects of heated discussions and consistently dominate news and media dialogues.

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Permissible Quantities of Commodities in Business Mining Permits in Indonesia

Indonesia, a nation composed of multiple islands blessed with a diverse array of natural resources, includes valuable mineral resources among its treasures. Within this category, mining commodities encompass both coal and various minerals. As outlined by the Geological Agency of the Ministry of Energy and Mineral Resources of Indonesia (ESDM), the country’s mineral resources are divided into two main groups: metallic minerals and non-metallic minerals…

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Reasons for Termination of Employment Without Severance Pay

Disputes within the realm of labor can lead to the termination of employment (PHK). Before carrying out the PHK, specific procedures must be adhered to. Termination of employment entails responsibilities for employers, including the provision of compensation to employees. However, it is essential to note that compensation does not always involve severance pay. The Regulation in Indonesia which regulate the Termination Of Employment…

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Rights of Employees Engaged in Overtime in Indonesia

Overtime pertains to the laborious dedication of employees beyond their regular working hours. An employee is deemed to be engaged in overtime if they surpass 7 (seven) hours of work in a day and 40 (forty) hours in a single week, encompassing 6 (six) working days, or 8 (eight) hours per day and 40 (forty) hours in a week, comprising 5 (five) working days. Additionally, this includes work carried out during the working hours of weekly rest days and/or official holidays as designated by the government.

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Schinder Consultant London Ltd.


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