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Regulation

Ratification of the New Indonesia Criminal Law

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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.

Ratification of the Indonesian Criminal Code Bill

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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.

Replacement of the Previous Job Creation Law in Indonesia

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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…

An Introduction to the Indonesia Second-home Visa

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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…

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

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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…

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

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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”)….

THE TAX HOLIDAY FACILITY

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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,…

PT Shenhua Guohua Lion Power Indonesia (“SGLPI”) Appoints Schinder Law Firm as its On-Site Legal Trainer

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While Schinder Law Firm (SLF) has been providing legal services to SGLPI for some time, its scope of services has now expanded to include legal training for SGLPI staff on their project site. The training will take place on a regular basis, and it will be geared toward ensuring legal compliance with Indonesian Laws and Regulations, specifically on both applicable labor law and company law. Trainings will be led by both Budhi Satya Makmur (Partner) and Erick Sanjaya Perkasa (Associate). Within the breadth of the training,….

Let Us Be Your Guide.
Our thorough understanding of local culture
ensures that your business will be in compliance
with all laws and regulations and receive
a warm welcome in the community.

Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Our Service

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.
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