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Regulation

Ratification of the New Indonesia Criminal Law

On 2nd January 2023, the Indonesian Criminal Code was finally ratified into Law Number 1 of 2023 concerning regulation in Indonesia (“Law 1/2023”). The objective of enacting Law 1/2023 is to replace Law Number 1 of 1946 concerning Criminal Regulation (“Law 1/1946”), which was notable as the colonial Criminal Code. Article 622 Paragraph (1) of Law 1/2023 stipulates that after the Law 1/2023 comes into effect, Law 1/1946 shall be revoked. The ratification of Law 1/2023 marks the beginning of the transition to the new era of Indonesian criminal law.

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The Blocking of Corporations That Have Not Reported Their Beneficial Ownership in Indonesia

The Blocking of Corporations that Have Not Reported Their Beneficial Ownership in Indonesia

According to Presidential Regulation No. 13 of 2018 regarding the Implementation of the Principles of Recognizing Beneficial Ownership of Corporations to Prevent and Eradicate the Criminal Acts of Money Laundering and Terrorism Financing (“PR 13/2018”), each corporation is required to determine the Beneficial Ownership (“BO”) of the corporation.

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Ratification of the Indonesian Criminal Code Bill

The Criminal Code or Kitab Undang-Undang Hukum Pidana (KUHP) is the foundation of the regulation in Indonesia that stipulates criminal acts, originating from Dutch colonial law, namely Wetboek van Strafrecht voor Nederlands-Indie, which has been in effect since 1918. The Criminal Code is a prominent principle of criminal law in Indonesia as the Criminal Code deals with criminal rules, violations and other regulations related to crime.

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Replacement of the Previous Job Creation Law in Indonesia

Law Number 11 of 2020 on Job Creation (“Law 11/2020”) was ratified on 2nd November 2020 as the applicable regulation in Indonesia. However, the implementation of Law 11/2020 became ineffective right after Indonesian Constitutional Court (“MK”), through MK Decision Number 91/PUU-XVIII/2020, deemed Law 11/2020 as conditionally unconstitutional. To tackle this concern, Indonesia’s government contrived Indonesia Government…

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Business Entity Certificate (Sertifikat Badan Usaha Or “SBU”) Registration Procedure Under The Minister of Public Works and Housing Regulation No. 8 Of 2022 in Indonesia

Indonesia’s Government strives to optimize licensing procedures for business entities through regulation in Indonesia, so licensing registration can be carried out quickly and precisely. Article 1…

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An Introduction to the Indonesia Second-home Visa

The COVID-19 pandemic has caused a catastrophe for Indonesia’s economy. Indonesia has been facing a recession since 2020, when the economic growth plunged to -2.07%. The recovery began in 2021, indicated by the surge of the economic growth. In 2022, the recovery has continued to be the focus for the Government of Indonesia, thus the government focusing on creating law in Indonesia and regulation in Indonesia that can make investment easier. However, the economic uncertainty for 2023 is haunting. Global economic growth is predicted to be slowed due…

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Terminating the Electrical Steam Power Plant Under Presidential Regulation No. 112 of 2022 in Indonesia

The promulgation of the law in Indonesia by Presidential Regulation No. 112 of 2022 concerning the Acceleration of Renewable Energy Development for Electricity Supply (“PR 112/2022”) is a sign that Indonesia will start implementing low-emission electricity projects to protect the environment. PR 112/2022 stipulates the Electric Supply Business Plan (Rencana Usaha Penyediaan Tenaga…

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Key Points in the Minister of Health Regulation (PMK) No. 24 of 2022 on Medical Records in Indonesia

Key Points in the Minister of Health Regulation (PMK) No. 24 of 2022 on Medical Records in Indonesia

On 31 August 2022, the Ministry of Health of Indonesia issued the Minister of Health Regulation No. 24 of 2022 on Medical Records (“PMK 24/2022”). The PMK 24/2022 is a regulatory framework that functions as the implementation of the health technology transformation in Indonesia, which is Indonesia’s sixth pillar of Health Transformation. The PMK 24/2022 has replaced the PMK No. 269 of 2008 on Medical Records. The main issues in the PMK 24/2022 are data storage and transfer, which are also subject to Law No.27 of 2022 concerning Privacy Data Protection (“PDP Law”)….

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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…

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THE TAX HOLIDAY FACILITY

Who does it apply to and why?

In order to attract investment, The Government of Indonesia amended the previous Minister of Finance Regulation No. 159/PMK.010/2015 JO No. 103/PMK.010/2016 (“PMK”) regarding Corporate Income Tax Reduction Facilities (otherwise known as the Tax Holiday Facility) with the latest Minister of Finance Regulation No. 35/PMK.010/2018 (“Regulation”). The new Regulation became effectively enforced on 04 April 2018. Subsequenlty, PMK has been revoked and declared null and void by Regulation.
For clarification,…

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