Indonesia Launches New Economic Policy Package

Jakarta

By Michael S. Carl and Revaldi Wirabuana

On August 31, Indonesian President Joko Widodo, commonly known as Jokowi, enacted the 16th economic reform package aimed at improving the ease of doing business in the country (“16th Reform Package”). This new economic policy package contains measures to accelerate the issuance of business licenses and permits at the central and regional levels. Read more »

Legal Alert August 2017

Legal Alert

Please find the SSEK Legal Alert for August 2017. The SSEK Legal Alert is a monthly survey designed to keep you up to date with the latest legal developments in Indonesia. Read more »

Anti-Corruption Developments in Indonesia

Jakarta

Denny Rahmansyah and Andini H. Dewi

According to the Annual Report of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi or “KPK”), the KPK carried out 96 examinations, 99 investigations and 76 prosecutions last year. Seventy cases were decided and received final and legally binding judgments. Judicial decisions were executed for 81 cases in 2016. These numbers show an increase from the data published in the KPK’s Annual Report for 2015.

Recent Anti-Corruption Regulations in Indonesia

There have been several developments over the last year related to corruption regulations. These include:

a.         Supreme Court Regulation No. 13 of 2016 dated December 29, 2016 regarding Procedures to Handle Criminal Acts Committed by Corporations (“Supreme Court Reg. 13″): The Indonesian Anti-Corruption Law (Law No. 31 of 1999 regarding the Eradication of Criminal Acts of Corruption, as amended by Law No. 20 of 2001) contains provisions on corporate liability in a criminal act of corruption. These provisions in essence stipulate that a corporation may be held liable for criminal acts of corruption if such acts are done for and on behalf of the corporation. Read more »

SSEK Partner a Featured Speaker at HKHPM Indonesia Seminar

Ira A. Eddymurthy

SSEK Legal Consultants senior partner Ira A. Eddymurthy was a featured speaker at a recent half-day seminar on “Fair Business Competition in Legal Services in Indonesia,” held in Jakarta by the Association of Capital Market Legal Consultants (HKHPM).

Ira spoke during the seminar’s first session, along with the chairman of Indonesia’s Business Competition Supervisory Commission (KPPU). They gave a joint presentation on “legal fees within the perspective of competition law.”

Among the topics discussed at the seminar were service standards for capital market lawyers in Indonesia and the costs of legal services. Read more »

Update on Employment Law in Indonesia and Asia

Labor & Employment

SSEK Legal Consultants has contributed the Indonesia chapter to the new Asia Employment Law, a quarterly review of employment law developments across 14 jurisdictions in Asia. The review is designed to help legal and human resources advisers stay up to date on employment-related legal developments in Indonesia and around Asia.

For the Indonesia chapter of the Employment Law review, click here.

You can see the full report here.

SSEK is regularly rated as a top-tier employment and labor law firm by leading legal directories including Chambers & Partners, Legal 500 and Asia Law & Practice. Read more »

SSEK Legal Consultants Celebrates 25 Years in Indonesia

Anniversary Logo

SSEK Legal Consultants is celebrating its 25th anniversary as one of Indonesia’s leading corporate law firms. SSEK opened its doors on August 19, 1992, in the heart of Jakarta’s business district, with founding partners Dyah Soewito and Ira A. Eddymurthy, to provide world-class legal services to companies doing business in the growing Indonesian economy.

The First 10 Years

During SSEK’s first decade, Indonesia experienced dramatic growth as well as extraordinary challenges. The government in the early ’90s foresaw the need to deregulate and also to modernize its legal system. There was a dramatic increase in economic growth, and SSEK was fortunate to ride that economic growth and it quickly grew from a small practice to more than 30 lawyers.

SSEK was also an active participant and leader in Indonesia’s law reform efforts; not only were SSEK’s lawyers engaged in building the firm’s practice, but they were helping to build Indonesia’s legal system as well. Read more »

SSEK Contributes Indonesia Chapter to Legal 500 Technology Country Guide

Fahrul Yusuf

Fahrul S. Yusuf, a partner at SSEK Legal Consultants, has contributed the Indonesia chapter to The Legal 500 Technology Country Comparative Guide. The guide provides a pragmatic overview of technology law across a variety of jurisdictions.

Fahrul addresses a variety of issues in the IT and technology sector in Indonesia, including communications networks and their operators, databases and software, data protection, and cybersecurity.

Fahrul is a partner in SSEK’s IT and telecommunications practice. He graduated from the University of Indonesia Faculty of Law and earned his Master of Laws from the University of Chicago. Since joining SSEK in July 2002, Fahrul has been heavily involved in helping clients establish corporations and with foreign investment deals, mergers and acquisitions, and various restructurings. His recent representations include acting as Indonesian counsel to Alibaba Group for the acquisition of the Indonesian operations of online retailer Lazada, and advising a number of technology companies on various projects in Indonesia including those related to electronic payment systems, online trading and online marketplaces. Read more »

Government to Approve Corporate Actions in the Indonesian Energy Sector

Jakarta

By Ira A. Eddymurthy and Fransiscus Rodyanto

The Indonesian Minister of Energy and Mineral Resources (“MEMR”) has issued MEMR Regulation No. 42 of 2017 regarding Supervision of Business Activities in the Energy and Mineral Resources Sector (“MEMR 42/2017″). The stated aim of MEMR 42/2017, which took effect on July 17, 2017, is to improve the supervision of business entities in the energy and mineral resources sector in part by closing regulatory gaps.

In general, MEMR 42/2017 regulates (i) the requirements to notify or obtain prior approval from the MEMR for the transfer of participating interest of upstream oil and gas contractors; (ii) the transfer of shares and change of board of directors (“BOD”) and/or board of commissioners (“BOC”) of upstream oil and gas contractors, downstream oil and gas business entities, business entities holding electricity supply business licenses, business entities holding (a) mining business license, (b) special operation production mining business license for processing and/or refinery issued by the MEMR, (c) special mining business license, (d) contract of works, or (e) coal contract of works; and (iii) the mechanism for the procurement of biofuels in the form of biodiesel composed of fatty acid methyl ester (FAME).

This article discusses the provisions under MEMR 42/2017 regarding notification to be made or prior approval to be obtained with respect to the transfer of participating interest, transfer of shares, and change of BOD and BOC. Read more »

Indonesia Takes Steps to Ease Licensing Process for Trade Companies

Businessmen

The Indonesian Ministry of Trade (“MOT”) has issued two regulations with the goal of simplifying the licensing process for companies and reducing the amount of time they must spend on such matters.

MOT Regulation No. 7/M-DAG/PER/2/2017 regarding the Third Amendment to MOT Regulation No. 36/M-DAG/PER/9/2007 regarding the Issuance of Trade Business License (“MOT Reg. 7/2017″) repeals the obligation for companies to re-register their Trade Business License (Surat Izin Usaha Perdagangan or “SIUP”). And MOT Regulation No. 8/M-DAG/PER/2/2017 regarding Company Registration Implementation (“MOT Reg. 8/2017″) seeks to simplify the process for renewing a Company Registration Certificate (Tanda Daftar Perusahaan or “TDP”). Both regulations have been in effect since January 22, 2017, and apply to all existing business entities.

Removal of SIUP Re-Registration Read more »

4 SSEK Partners, Advisers Recognized as Leading Energy Lawyers for Indonesia

Who's Who Legal

Four lawyers from SSEK Legal Consultants have been selected for inclusion in the 2017 edition of Who’s Who Legal: Energy, a comprehensive guide to the world’s leading energy lawyers.

The SSEK lawyers included in the latest edition of Who’s Who Legal: Energy for Indonesia are: