Jan

19

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-Indië, 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.

At the 11th Plenary Session Period II of the year 2022-2023, on 6 December 2022, the House of Representatives (DPR) passed a new criminal code to improve the applicable law in Indonesia. The reason for the promulgation of the Criminal Code Bill is that the current Criminal Code is no longer relevant to the conditions and unable to accommodate the needs of society in fulfilling legal certainty when it comes to crime. Another reason for the promulgation of the Criminal Code Bill is so that Indonesia has a Criminal Code made purely by itself and not from a product of colonization.

However, the promulgation of the Criminal Code Bill resulted in many controversies, including enactment of articles in relation to defamation of the President, cohabitation, witchcraft, vandalism, treason, the spread of communist teachings and reduced sentences for perpetrators of corruption. In addition, in the Criminal Code Bill, there are several articles that are closely related to companies, including:

  • Article 447 concerning the Crime of Disclosing Secrets;
  • Article 500 concerning Fraudulent Crimes;
  • Article 512 concerning Crimes Against Confidence in Running a Business;
  • Article 516 concerning Criminal Acts of Cheating Managers or Commissioners;
  • Article 517 concerning Harmful Acts and Fraud Against Creditors.

Not only that, the Criminal Code Bill also introduces a new form of sanctions. The KUHP previously only stipulated imprisonment and fines, but the Criminal Code Bill adds closing sentences, supervision sentences and social work. This Bill also inserts certain conditions so that perpetrators are not given excessive jail sentences and provides exceptions to certain circumstances. Regarding the enactment of the Criminal Code Bill, based on Article 624 of the Criminal Code, this new Code shall be effective three years from the date of promulgation, so that within a three-year transitional period, all the currently enacted articles in the Criminal Code Bill may be changed.

If you, a prospective client, have further inquiries in relation to the topic explained above, Schinder Law Firm is one of many corporate law firms that has handled a lot of similar matters, with many experienced and professional civil lawyers and dispute lawyers in its arsenal, making it one of the top firms in Indonesia. Feel free to contact us atinfo@schinderlawfirm.com for further consultation.

Author: Dewi Susanti

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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

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.