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A Journey to PDP Law Compliance: Data Privacy Transfer in Indonesia

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. Prior to the PDP Law, there was no protection for data privacy under the law…

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Bankruptcy Process up to Auction Proceedings in Indonesia

In the commercial world, capital lending is a natural thing, as it is a driving force for companies to run, expand or maintain their business. However, it is also not uncommon for companies as debtors to neglect their obligations to pay, which causes creditors to file bankruptcy lawsuits against debtors. Article 2 Paragraph (1) Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment (“Law No. 37/2004”) states that a debtor can only be stated….

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Financial Services Authority (OJK) Sets Out Restrictions on New Business Actors in Indonesia

The Financial Services Authority (“OJK”) issued the OJK Regulation in Indonesia No. 10/POJK.05/2022 concerning Information Technology Based Collective Financing Services (“POJK 10/2022”) which took effect on July 4, 2022, and revoked the Financial Services Authority Regulation No. 77/POJK.01/2016 (“POJK 77/2016”). The POJK 77/2016 was originally introduced to quickly respond to the Peer-to-Peer Lending (P2P Lending) industry…

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Ratification of Personal Data Protection Law of Indonesia

The House of Representatives of the Republic of Indonesia finally ratified the Personal Data Protection Bill (PDP Bill) into law (PDP Law) on 20 September 2022 in accordance with the regulation in Indonesia, with updates and additional clauses that are more comprehensive in accommodating personal data protection. Indonesia now joins other jurisdictions in Southeast Asia that have dedicated personal data protection laws, including Singapore and Thailand. However, the PDP Law not gone into effect…

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The Legal Aspect of Electronic Agreements in Indonesia

Contracts have been a staple in most business and commercial activities. Recently, an electronic agreement has become the most preferable form of contract for foreign investors for investment in Indonesia. The law in Indonesia covers the use of electronic agreements. The electronic agreement or electronic contract is defined in Article 1 Number 17 of Law no. 11 of 2008 concerning Information and Electronic Transactions (EIT Law) as an agreement between the parties made through an electronic system. Electronic agreements are made…

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Tax Credits on Overseas Income of Domestic Taxpayers in Indonesia

In the current era of globalization, international trade activities are a source of state income for the country. One of the essential aspects that needs to be considered by business actors in the field of international trade is taxation. In accordance with Law No.36 of 2008 jo. Law No.7 of 2021 (“Tax Law”) of regulation in Indonesia, income tax is any additional economic capability received or obtained by the taxpayer, both from Indonesia…

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Electronic System Provider (PSE) Registration Provisions in Indonesia

The blocking of Private Scope Electronic System Operators (“PSE”) that missed the Ministry of Communication and Information’s (“Kominfo”) notice of the registration deadline resulted in several PSE’s being blocked, including PayPal, on July 30th, 2022. As a result, the policy has sparked public outcry. In response, Kominfo announced a new approach to temporarily open the PayPal website and expects consumers who utilize PayPal services will be…

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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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Labor Law Guide: What You Need to Know in the Event of a Labor Strike in Indonesia

Regulations in Indonesia are very dynamic. This is to create ease for investment to Indonesia. Changes in regulations, specifically in the area of labor issues, can sometimes trigger a conflict between the employer and the laborers, leading to a strike. A strike is an action by laborers that is planned and carried out jointly and/or by a trade union/labor union to stop or slow down work. Strikes by laborers are thankfully not a regular occurrence, but…

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Construction Equipment Ownership for Foreign Investment Construction Service Business Entities (BUJK PMA) and Construction Representative Offices (KP BUJKA) in Indonesia

Infrastructure investment has been identified as one of the key catalysts for unlocking a country’s overall economic potential, promoting growth, creating jobs and reducing poverty. Efficient infrastructure is also needed to lower…

Construction Equipment Ownership for Foreign Investment Construction Service Business Entities (BUJK PMA) and Construction Representative Offices (KP BUJKA) in Indonesia Read More »

Schinder Consultant London Ltd.

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Welcome to our London office, where a cadre of seasoned professionals is dedicated to providing an unparalleled standard of sophisticated legal services to a discerning global clientele. Our overarching mission is to facilitate the realization of your international life and business objectives with the utmost precision and finesse, ensuring a seamless integration into your new environment.
 
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