SSEK Contributes Indonesia Chapter to Book on International Secured Transactions

International Secured Transactions

SSEK partner Ira A. Eddymurthy and senior associate Dewi Savitri Reni have contributed the Indonesia chapter to the publication “International Secured Transactions.”

The publication, organized by the Center for International Legal Studies and published with West Thomson Reuters,  examines the UNCITRAL (United Nations Commission on International Trade Law) Draft Guide on Secured Transactions, which is designed to promote increased access to low-cost credit by encouraging the introduction of effective and efficient domestic-secured transactions laws around the world.

The book offers analysis of secured transactions law in more than 30 commercial jurisdictions.

Ira Eddymurthy and Dewi Reni survey Indonesian law on secured lending and compare Indonesian law with the terms of the UNCITRAL model law.

SSEK Recognized in New IFLR1000 Financial and Corporate Rankings

IFLR1000 Top Tier Firm

SSEK Indonesian Legal Consultants is highly ranked in IFLR1000′s Financial and Corporate 2017 rankings of leading law firms and lawyers.

SSEK is recognized as a leading firm for Banking & Finance, Capital Markets, M&A, Project Finance and Restructuring & Insolvency.

Seven of SSEK’s partners and foreign legal advisors were also endorsed as Leading Lawyers. They are Dyah SoewitoIra A. EddymurthyFitriana MahiddinDarrell R. JohnsonMichael D. TwomeyJonathan M. Streifer and Michael S. Carl.

SSEK partner Fahrul S. Yusuf was recognized as a Rising Star. Read more »

Indonesian Employment Law Update: Minimum Wage

Labor & Employment

By Richard D. Emmerson and Indrawan D. Yuriutomo

There have been a couple of recent developments in Indonesia as regards monthly minimum wages that employers should take note of.

2017 Minimum Wage for Jakarta

First, the Governor of Jakarta has issued a new regulation on the minimum wage for 2017, Regulation No. 227 of 2016 dated October 27, 2016 regarding the Jakarta Provincial Minimum Wage for 2017 (“Reg. 227″). Beginning January 1, 2017, the minimum wage in Jakarta will be IDR 3,355,750 per month.

Under Reg. 227, companies in Jakarta are prohibited from paying workers less than IDR 3,355,750 per month. Companies can, however, seek to defer the application of the new minimum wage by submitting an application for postponement to the governor’s office no later than 10 days before January 1, 2017.

The Jakarta minimum wage is going up 8.25% in 2017 from the previous year.

Deferral of Minimum Wage

In a related development, Indonesia’s Constitutional Court has issued Decision No. 72/PUU-XIII/2015 dated September 29, 2016 regarding Judicial Review of the Employment Law. The Constitutional Court found the phrase “but is not required to comply with the prevailing minimum wage provision for the period of deferment” in the elucidation of Article 90(2) of the Indonesian Employment Law to be unconstitutional and not legally binding. Read more »

SSEK Contributes Indonesia Chapter to Global Compliance Book

International Compliance

SSEK Legal Consultants, led by senior foreign legal advisor Darrell R. Johnson, has contributed the Indonesia Country Report to a book that tracks compliance requirements for companies in countries around the world.

The book, “International Compliance: Legal Requirements of Business Organizations in 30 Countries,” was organized by KPMG. It provides an international review of compliance regulations.

Darrell Johnson, Andini H. Dewi and Christina N. Soela contributed the chapter on Indonesia. They discuss the liabilities of companies, executives or shareholders and the major areas of law and threats business organizations should account for, among other topics. They also provide tips for foreign shareholders and compliance departments.

You can see the Indonesia chapter here.

Darrell Johnson is the supervising foreign legal advisor of SSEK’s risk management and regulatory compliance practice. He has been with SSEK since the firm’s founding in 1992 and is a 39-year resident of Indonesia.

In addition to compliance, Darrell’s expertise includes restructuring and insolvency, Indonesian finance, banking and capital markets law, foreign investment law, mergers and acquisitions, insurance law, and corporate and commercial law.

“International Compliance: Legal Requirements of Business Organizations in 30 Countries” was edited by Dr. Konstantin von Busekist, the head of KPMG Law’s compliance practice. The book is available for purchase on online platforms.

SSEK Partner Fahrul Yusuf Named to ALB 40 Under 40

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SSEK Legal Consultants partner Fahrul S. Yusuf has been included in the latest edition of the Asian Legal Business 40 Under 40, which recognizes the brightest young lawyers in Asia.

The annual list “showcases 40 of the brightest young legal minds in the region.” Lawyers are included based on the quality and complexity of their work, career achievements and recommendations from clients and colleagues.

Fahrul was named Young Lawyer of the Year at the 2016 ALB Indonesia Law Awards and he is identified as a Rising Star for Financial and Corporate Law in the IFLR 1000 Financial and Corporate Rankings.

SSEK Shines in New Asialaw Rankings

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SSEK Legal Consultants is highly ranked across multiple practice areas in Asialaw Profiles 2017, which recognizes the leading law firms and lawyers in the Asia-Pacific region.

SSEK received the top ranking of Outstanding in the following practice areas:

  • Construction & Real Estate
  • Corporate/M&A
  • Energy & Natural Resources
  • Labor & Employment
  • Projects & Infrastructure
  • Restructuring & Insolvency

Speaking about SSEK’s top-ranked energy practice, a partner at another Jakarta law firm told Asialaw, “SSEK Legal Consultants is very good. Energy practice is their bread and butter.”

And a partner at another law firm told Asialaw that SSEK’s labor and employment practice is in the “top three in Indonesia.”

SSEK was Highly Recommended for:

  • Banking & Finance
  • Capital Markets
  • Competition & Antitrust
  • Dispute Resolution
  • IT, Telco & Media
  • Shipping, Maritime & Aviation Read more »

Free Employment Law Webinar on Employee Outsourcing and Temporary Agencies in South America and Mexico

employment-law-alliance

The Employment Law Alliance is offering a free 90-minute webinar on Thursday, December 1, 2016, focusing on “Three Is a Crowd: What Employers Need to Know about Employee Outsourcing and Temporary Agencies in South America and Mexico.”

Webinar Description

There are myriad legal implications related to outsourcing employees and contracting with temporary agencies in Latin America, including the need to consider specific laws and regulations; the potential risks for the employer, including becoming liable for the labor and social security obligations of the outsourced employees; health- and safety-related obligations and liabilities; restrictions on the scope or type of subcontracted  services; bans or restrictions on employee supply or employee lease arrangements, etc.

During this webinar, employment lawyers from across South America and Mexico will provide guidance and insight into:

  • The general legal framework for outsourcing services and employee supply by temporary agencies
  • The risks and benefits of outsourcing
  • Best practices for employers Read more »

Distributing Goods in Indonesia: What Are the Rules?

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By Ira A. Eddymurthy and Christina N. Soela

Indonesia’s Ministry of Trade (“MOT”) recently issued a regulation on the distribution of goods.

MOT Regulation No. 22/M-DAG/PER/3/2016 regarding General Provisions on the Distribution of Goods (“MOT Reg 22/2016″) stipulates that goods can be distributed directly or indirectly to consumers within Indonesia. It revokes Minister of Industry and Trade Decree No. 23/MPP/Kep/1/1998 regarding Trade Business Agencies.

The indirect distribution of goods can be done by (i) chain distribution involving a distributor and its network; (ii) an agent and its network; or (iii) franchise. The direct distribution of goods is conducted by way of special distribution through single-level marketing or multi-level marketing.

Distributor is defined as a distribution business actor acting on its own behalf and appointed by a manufacturer/producer, supplier or importer based on an agreement to carry out the distribution of goods. An agent is a distribution business actor acting as an intermediary for and on behalf of another party, appointed by an agreement to carry out the distribution of goods. Read more »

Legal Alert October 2016

Legal Alert

Please find the SSEK Legal Alert for October 2016. The SSEK Legal Alert is a monthly survey designed to keep you up to date with the latest legal developments in Indonesia. Read more »

Free Employment Law Alliance Webinar on Managing Restrictive Covenants in European Employment Law

employment-law-alliance-300x135

The Employment Law Alliance is offering a free 90-minute webinar on Wednesday, November 16, focusing on “Protecting the Crown Jewels: Managing Restrictive Covenants in European Employment Law.”

Webinar Description

With human capital considered the key resource in the 21st century economy the question facing employers is how to protect this resource and ensure that their companies stay ahead of the competition – especially when key employees leave.

This complimentary webinar will provide an overview of the most important laws and regulations in selected countries in Europe for protecting a company’s know-how, trade secrets and confidential information by using restrictive covenants. Read more »