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Calculating the Overtime Wage: Key Provisions Your Company Should Know

The calculation of overtime wage is regulated in Article 26, Article 29, Article 31 Paragraph (1), Article 31 Paragraph (2), Article 31 Paragraph (3) and Article 32 of Government Regulation no. 35 of 2021 concerning Employment Agreements for Certain Time, Expert Power, Working Time and Rest Time, and Termination of Employment (“GR 35/2021”).

Company Obligation

Article 26 states that overtime can only be worked at most 4 (four) hours in 1 (one) day and 18 (eighteen) hours in 1 (one) week and Article 29 further

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Are You Ready for Tax Amnesty Volume II?

The Indonesian reformation period promotes continuous new innovations led by its people, thus helping Indonesia’s economic stability. Indonesia is a country that has high economic potential, potential that is starting to be noticed by the international community due to the prosperity of natural resources contained in the motherland. Of course, rapid materialistic success is encouraging news for business actors, but for some people, this is just one edge of a double-edged sword. At the other edge of the blade is an obligation for business actors to pay taxes on their income.

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Is COVID-19 Still Considered a Force Majeure?

Whether COVID-19 can be considered a Force Majeure in a contract or not is still a somewhat debatable topic. By definition, which is regulated in Article 1244 and Article 1245 of Civil Code, Force Majeure is a situation that occurs suddenly and is beyond the control of the parties, which causes an agreement to be hampered or unable to be carried out at all. The key words are “beyond the control of the parties” and “causes the agreement to be hampered or unable to be carried out at all.”

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Claim in Negligence: An Overview

Recently, the media in Indonesia has been buzzing with reports of an accident that killed a celebrity couple caused by the negligence of a driver. The internet community questioned whether the criminal sanctions for negligence alone were sufficient and able to bring a sense of justice. Furthermore, the question is whether a person who commits negligence can be held civilly responsible.

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IPO for Companies Involved in Legal Cases

Every company has the opportunity to conduct an initial public offering (IPO) and list its securities on the Indonesia Stock Exchange (IDX). In the context of an IPO, the company will issue a document called a prospectus, which is a document that contains any written information related to the public offering process that the company is carrying out with the aim to disclose everything about the company to the public before they decide to buy securities. The form and content of the prospectus in the context of a public offering have been regulated in the Financial Services Authority (OJK) regulations.

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Indonesia to Impose Carbon Tax in April 2022, Starting with Coal Power Plants

Indonesia will begin to tax coal-fired power stations in April 2022 using a tax mechanism based on emission limits, or cap and tax, to start the implementation that will eventually reach all sectors of the economy to reduce national greenhouse gas emissions. Indonesia’s carbon tax is a strong signal that will encourage the development of carbon markets/carbon emissions trading, technological innovation, and more efficient and eco-friendly investments in the country.

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IMB (Ijin Mendirikan Bangunan) Changed to PBG (Persetujuan Bangunan Gedung)

Law No. 11 of 2020 regarding Job Creation (Law 11 2020) was enacted a year ago and it revised many existing regulations and introduced plenty of new ones. One of the revised issues was regarding building permits. Previously you had to acquire a Building Permit or Izin Mendirikan Bangunan (IMB) to build. However, it has now been changed into Building Approval or Persetujuan Bangunan Gedung (PBG).

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Commercial Contract Dispute: Preparing Settlement Agreement

In most cases, the dispute clause in the commercial contract sets out the requirement for the contracting parties to resolve the dispute within a certain period before having the conflict settled by a court or arbitration. It is prudent to record the terms of the agreement in writing to obtain both certainty and finality. The concept of settling a dispute is straightforward, but the task of documenting a settlement can be complex. This article sets out a checklist to bear in mind when drafting a settlement agreement.

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The Urgency of Establishing a Land Bank as a Special Legal Entity

The government is currently discussing a presidential regulation that regulates the operations of the Land Banking Agency, which is regulated by GR 64/2021. This regulation is one of the technical regulations for the Land Banking Agency that the government formed last February through Government Regulation No. 64 of 2021 concerning the Land Banking Agency (“GR 64/2021”). The establishment of this institution is mandated by Law No. 11 of 2020 concerning Job Creation. GR 64/2021 was stipulated by President Joko Widodo…

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Land Banking as An Alternative to Land Management

The urgency of implementing land management is triggered by the continued increase in the world’s population, thus the land that is static in nature must be able to provide the basic needs of its inhabitants. Responding to the world population explosion, many European, American, African and Asian countries are implementing land banking as land management. Land banking as an alternative to land management currently being implemented in many countries is not a new thing.

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Schinder Consultant London Ltd.

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