Foreign Direct Investment (FDI) in Indonesia and Australia: Laws, Policies and Regulations

This article will examine Australia and Indonesia’s laws, policies and regulations surrounding foreign direct investment (FDI) and whether each country is directing its focus towards protectionism or the liberalization of free trade and the opening up of borders. A discussion will be made concerning the positives and negatives of adopting protectionist policies and policies that embrace FDI.

Australia sources approximately 20% of its capital flow from overseas 1 . This is significant, and I believe that if the Australian…

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Taxation on E-Commerce Transactions in Indonesia

Who doesn’t buy online? From toilet paper to washing machines, purchasing both luxuries and necessities from the convenience of our homes or offices is a daily occurrence. We spend millions each day with a simple ‘click’. Technology undeniably plays a major role in our routine activities and affects countless aspects of the financial sector. Currently, the emergence of financial technology (fintech) and e-commerce makes business easier to conduct. No doubt, e-commerce garners more headlines since it is an important new feature of the global and national economy. The unconventional and distruptive nature of e-commerce has prompted the Indonesian government to…

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Protecting Your Fintech Platform Brand through Trademark Registration

Need a bodyguard? These days it feels like our companies need a 7-foot, muscle-clad personal security officer to shield us from the myriad of incoming bombs from all directions. It’s not easy to completely anticipate what attacks may come our way. When it comes to guarding your company’s trademark, no cursory measures will do.

And in today’s rapidly evolving e-commerce climate, it’s no surprise how the Financial Technology (the “Fintech”) market has shown a considerable amount growth, especially in Indonesia. As of December 2018…

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Spin-Off: Legal Due Diligence and the Employees’ Golden Handshake

Companies evolve. They change and react to their individual needs and the needs of the market. A company unwilling to consider its options is a company unwilling to be strategically competitive.

Hence, companies throughout the world may, for a myriad of reasons, elect to spin off a product or business into a wholly owned independent company. Under Art. 1 par. (12) of Law No. 40 of 2007 concerning Limited Liability Company (“Company Law”), a Spin-Off is defined as a ‘Separation’, a legal…

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Madrid Protocol = Improvement on Trademark Protection

Indonesia officially became the 100th member of the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks (the “Madrid Protocol”), which was inaugurated at the 57th World Intellectual Property Organization (WIPO) General Assembly in Geneva on October 2, 2017. The process of inducting Indonesia into the Madrid Protocol was ratified by Presidential Regulation No. 92 of 2017. Three months after the accession text was received by WIPO, precisely on January 2, 2018, the Madrid Protocol became effective in Indonesia…

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Indonesia’s Construction Safety Committee: Important Updates

Whether in the middle of a construction project or preparing to begin one, it’s vital to have the most current information on legal requirements.

On 24 January 2018, The Ministry of Public Work (the “MOPW”) issued Regulation No 02/PRT/M/2018 of 2018 (the “REG”) concerning the amendment of MOPW Regulation No 05/PRT/M/2014 (the “REG05”) regarding the Guidelines of Safety and Health Management for Public Construction Work. The amendment serves as the legal basis for the establishment of…

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International Trade Disputes Settlement in WTO-A Brief Introduction

Schmitthoff defines ‘International Trade Law’ as: “- the body of rules governing commercial relationships of private law involving different nations”. The scope of this law, according to Schmitthoff is as follows: 1) international sale and purchase; 2) securities; 3) laws concerning activities regarding the conduct of international trade; 4) insurance; 5) transportation by land and rail, sea, air, and/or inland waters; 6) industrial property; and 7) commercial arbitration.

The World Trade Organization (WTO) is the only international organization that regulates international trade,…

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Regular Legal Training at PT Shenhua Guohua Lion Power Indonesia (SGLPI)

Considering the fact SLF endeavors to keep our valued clients aware of and in compliance with applicable laws and regulations in their business activities, we were pleased to hold our regular Client Legal Training on November 23rd, 2018.

As usual, the training was a success. The key issues we addressed were the recent developments in environmental law and respective regulations, waste management, compliance, and other permiting and licensing issues. We specifically prepared the training for…

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Requirements Under the OSS System For Indonesia’s Tourism Sector

Sunglasses-check. Beach gear-check. Leave the work laptop behind-check. There’s no question Indonesia continues to attract beachlovers and adventure-seekers from across the globe. The impact of and dependency on tourism cannot be overstated in many areas of Indonesia’s archipelago. In fact, tourism continues to be one of the most flourishing industries with new companies seeking to capitalize.

The Indonesian Government launched new licensing procedure system in the middle of 2018: the Government Regulation No…

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NEW ERA OF CONSUMER PROTECTION IN THE FINANCIAL SERVICES SECTOR

It’s a new day. The development of technology in the financial services cannot be ignored and needs to be managed in order to provide maximum benefit to society. The financial sector needs to be directed to produce financial innovations that are responsible, safe, prioritize consumer protection, and have well-managed risk.

Consumer Protection in the financial services sector is aimed at creating a reliable consumer protection system, improving consumer empowerment, and developing awareness among financial services practitioners…

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