Construction Equipment Ownership for Foreign Investment Construction Service Business Entities (BUJK PMA) and Construction Representative Offices (KP BUJKA) in Indonesia
Infrastructure investment has been identified as one of the key catalysts for unlocking a country’s overall economic potential, promoting growth, creating jobs and reducing poverty. Efficient infrastructure is also needed to lower…
Construction Consortiums in Indonesia
A consortium is a group of two or more individuals or companies that work together to achieve a common objective. Entities participating in a consortium pool resources but are otherwise only responsible for the obligations set out in the consortium’s agreement. Therefore, every entity under the consortium remains independent regarding their normal business operations and has no say over another member’s operations that are unrelated to the consortium. The law in Indonesia does not require using a particular standard form of agreement issued by a specific organization.
Revocation of Export Prohibition on Crude Palm Oil and its Derivatives in Indonesia
On June 8, 2022, the Ministry of Trade lifted the temporary export prohibition on Crude Palm Oil, Refined, Bleached and Deodorized Palm Oil, Refined, Bleached and Deodorized Palm Olein, and Used Cooking Oil (“CPO and its derivatives”) commodities through Minister of Trade Regulation No. 30 of 2022 in conjunction with the Minister of Trade Regulation No. 39 of 2022 (“MoTR 39/2022”), which creates a positive outlook for investment in Indonesia.
Private-interest Terminal and Special Terminal Regulation in Indonesia
Along with the economic developments in the Port sector, business owners can build special terminals to facilitate their business, such as a Special Terminal and Private-interest Terminal. Terminal and transportation infrastructure has a critical role in supporting business chains. Without the availability of decent transportation infrastructure, businesses will face many obstacles, i.e., delays in shipping goods.
Employment Termination due to Urgent Violation in Indonesia
In some cases, termination of employment is carried out by employers immediately against employees who have committed grave wrongdoings without any warning letter (“Urgent Violation”). Typically, the terms and conditions for termination due to Urgent Violation are set under the Employment Agreements, Company Regulations, and Collective Labor Agreement. The most common questions from the employers…
Compensation Payment on the Change of Employment Agreement in Indonesia
The implementation of the Job Creation Law (“Omnibus Law”), which was enacted in 2020, has made a significant change to the law and regulation in Indonesia, including the Company Law, Investment Law in Indonesia, and the Indonesian Labor Law. The Job Creation Law makes it easier to attract foreign investment to Indonesia. Following to the Job Creation Law, the Government of the Republic of Indonesia has enacted Government…
Apostille, Foreign Public Document Legalization Service in Indonesia
The Ministry of Law and Human Rights has enforced the Apostille certificate since June 4, 2022 based on the Regulation of the Minister of Law and Human Rights No. 6 of 2022 concerning Apostille Legalization Services on Public Documents (“RM 6/2022”), which implements regulation of the Presidential Regulation No. 2 of 2021 concerning Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public…
Komisi Pengawas Persaingan Usaha (KPPU) Issues Business Competition Compliance Program Regulations in Indonesia
The Business Competition Supervisory Commission or Komisi Pengawas Persaingan Usaha (KPPU) issued KPPU Regulation No. 1 of 2022 concerning the Business Competition Compliance Program, which has been in effect since the promulgation date on March 24, 2022, intending to increase the compliance of business actors with business competition law in Indonesia to support the company’s credibility in the international community.
The Investment Coordinating Board is Flooded with Complaints from Business Actors Over Revocation of Mineral Mining Business Permits in Indonesia
The government has officially revoked 1,118 Mining Business Permits (“IUP”) out of 2,078 recommendations for IUP revocation. The 1,118 IUP revocations include 102 IUP in nickel mining (161,254 Ha), 271 IUP in coal mining (914,136 Ha), 14 IUP in copper mining (51,563 Ha), 50 IUP in bauxite mining (311,294 Ha), 237 IUP in tin mining (374,031 Ha), 59 IUP in gold mining and 385 IUP for other minerals (365,296 Ha).
Establishing a Power Station Operation and Maintenance (“O&M”) Service Business in Indonesia
To conduct O&M Service for Power Station business, the company should obtain an Electric Power Supporting Services Business License (Izin Usaha Jasa Penunjang Tenaga Listrik – IUJPTL). The requirement by law in Indonesia to get the IUJPTL is regulated under Article 31 paragraph 1 letter (d) and (e) of Government Regulation in Indonesia Number 25 of 2021 regarding the Implementation of Energy and Mineral Resources (“PP 25/2021”).
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