To carry out mining activities in Indonesia, it is necessary to own permits in accordance with the latest government regulations and other applicable Laws in Indonesia. The stages of mining start from general investigation, exploration, feasibility study, construction, mining, processing, and refining, transportation and sales, and post-mining. These stages can be fully or partially carried out by one mining company, it depends on the type of mining permit the company owns.
The Indonesian Government has issued a new rule for Income Tax or Pajak Penghasilan (“PPh”) for construction services, namely Government Regulation No. 9 of 2022 concerning the Second Amendment to Government Regulation No. 51 of 2008 concerning Income Tax on Income from Construction Services Business (“GR 9/2022”).
Mergers and acquisitions in Indonesia have increased significantly in 2020 and 2021. Does this lead to monopolistic practices and unfair business competition?
The Commissioner of the Business Competition Supervisory Commission or Komisi Pengawas Persaingan Usaha (“KPPU” ), Ukay Karyadi, stated that mergers and acquisitions in Indonesia have increased significantly in 2020 and 2021. It was noted that in 2019, the number of notifications of mergers and acquisitions was 123, rising to 196 notifications in 2020 and 233 notifications in 2021.
Why You Should (WNI and WNA) Have Social Health Insurance (BPJS) When You Buy a Property in Indonesia
The government, through legal instruments, has designed a National Health Insurance Program (“JKN”) which is mandated to the Social Health Insurance Administration Body (“BPJS Kesehatan”) as stated in Article 19 paragraph (2) of Law Number 40 of 2004 which explains that JKN is held to ensure that participants receive the benefits of health care and protection to meet basic health needs.
Recently, the President of the Republic of Indonesia issued Presidential Instruction Number 1 of 2022 (“Inpres No.1/2022”) which contains the
In addition to the General Meeting of Shareholders, there are a Board of Directors and Board of Commissioners that are also bodies of limited liability companies in Indonesia. The Board of Directors (BOD) is the company’s body that manages the day-to-day business, and the Board of Commissioners (BOC) supervises the director(s) and can step in and report to the shareholders if necessary. From time to time, companies will change their director or commissioner. Since the director and commissioner are not a regular employee, a specific procedure applies for such an amendment.
A construction project, specifically for an EPC project, is typically conducted by contractors in a consortium. The implementation of the EPC Contract was often changed or adjusted according to the project circumstances.
In some situations, a disagreement between the consortium members related to the contract amendment was unavoidable. For example, we had a client (contractors, consortium members) who needed to change a provision regarding the retention money and was willing to replace the retention money with a warranty bond, which is our client’s obligation according to the EPC Contract
The COVID-19 pandemic has left lasting damage, not only to public health, but to the economy as well. A lot of effort will be required to recover both aspects, both by the government and by individuals. One of the steps that the government has taken to accelerate economic growth during this pandemic is issuing a new tax regulation in the form of Law No. 7 of 2021 regarding Tax Regulation Harmonization (Law No. 7 of 2021) on 29th October 2021 which revised many tax provisions, including the Value Added Tax (VAT) which was previously regulated in No. 42 of 2008 regarding Third Amendment to Law No. 8 of 1983 concerning Value Added Tax on Goods and Services and Sales Tax on Luxury Goods (Law No. 42 of 2008).
Ministry of Energy and Mineral Resources Invites Other Ministries/Agencies to Accelerate Electric Vehicle Conversion
The Ministry of Energy and Mineral Resources (MEMR) invites Government Ministries and Institutions in Indonesia to participate in supporting the acceleration of the national program to implement Battery-Based Electric Motorized Vehicles (Kendaraan Bermotor Listrik Berbasis Baterai / KBLBB) for road transportation, especially two-wheeled roadworthy operational vehicles with a book value of Rp. 0.
On 25th November 2021, the Minister of Public Work and Housing issued Circular Letter No. 21/CL/M/2021 Regarding Procedures for Fulfilment of Business Licensing Requirements, Implementation of Construction Work Competence Certification, and Implementation of Business Entity Certificates and Construction Work Competency Certificates (CL 21/2021). The Circular Letter stipulates many things, such as Fulfilment of LSBU/ Lembaga Sertifikasi Badan Usaha (Business Certification Institute) Business Licensing Requirements, Fulfilment of LSP/ Lembaga Sertifikasi Profesi (Profession Certification Institute) Business Licensing Requirements and the Fulfilment of Business Licensing Requirements for Construction Services Business Entities.
The Minister of Home Affairs issued The Minister of Domestic Affairs Instruction No. 03 the Year 2022 regarding the Implementation of Public Activities Restrictions Corona Virus Disease 2019 Level 3, Level 2, And Level 1 In Java and Bali islands. This Instruction clarifies the level of Community Activities Restriction (PPKM) in these areas, along with the list of activities that are allowed and prohibited.
- 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