Indonesian Legal Review: Consumer Protection

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By Farah Nabila

Minister of Transportation Regulation No. 89/2015 regarding Flight Delay Management on Scheduled Commercial Air Transport Business Entities in Indonesia (“MOT Reg 89/2015″)

An important development in the consumer protection area concerns air travel consumers. The Ministry of Transportation (the “MOT”) first addressed consumer protection for airline passengers in 2011 with the issuance of Minister of Transportation Regulation No. 77 of 2011 regarding the Responsibilities of Air Carriers, dated August 10, 2011 (“MOT Reg 77/2011″). That regulation, among other things, created an obligation for air carriers to indemnify passengers for delays, baggage loss, accidents or death caused by carriers. As to delays, MOT Reg 77/2011 required airlines to indemnify passengers for a delay of more than four hours. It provided legal certainty in the growing airline industry at that time.

With the proliferation of airlines operating in Indonesia, however, passengers have experienced more frequent delays. Whether this is due to poor airline operations or a lack of adequate infrastructure is not known, but there certainly have been instances in which this may have been the responsibility of the airlines themselves. For example, on February 18, 2015, several airplanes belonging to Lion Air could not be operated due to technical reasons in several parts of the country. As a result, several thousand passengers were delayed for three days at airports. Read more »

SSEK Features at Inbound Investment Seminar

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SSEK Legal Consultants managing partner Rusmaini Lenggogeni and Andini H. Dewi, an associate lawyer at the firm, were featured speakers at the event “Inbound Investment into Indonesia: Tax & Transfer Pricing Updates.” This complimentary event was organized and hosted by Deloitte Indonesia’s Chinese Services Group.

The seminar provided an update on Indonesian regulatory matters from a legal perspective and a discussion of key changes in tax regulations.

Rusmaini has more than 20 years of experience practicing corporate and commercial law. She regularly advises multinationals on cross-border deals and specializes in corporate mergers and acquisitions, taxation, real property leases, capital markets, banking and corporate matters. She earned her Master of Laws in International Business Studies from American University’s Washington College of Law in Washington, DC. Read more »

Indonesian Legal Review: Company Law

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By Soefiendra Soedarman

Indonesia’s Company Law (Law No. 40 of 2007 regarding Limited Liability Companies) regulates how companies operate their corporations in Indonesia. Since the Company Law was enacted in 2007, it has not been amended nor were there any new regulations issued in 2015 related to the Company Law.

One regulatory development is noteworthy and this was the enactment of Law No. 2 of 2014 regarding Notaries (“Law 2/2014″), which amended Law No. 30 of 2004 regarding Notaries (“Law 30/2004″).

Law 2/2014 made several changes to Law 30/2004 that affect companies in Indonesia and how they organize and report changes in their corporate organs, the term used to describe the Shareholders, Board of Directors and Board of Commissioners. The major changes are as follows: Read more »

Free Employment Law Alliance Webinar on Protecting Trade Secrets and Other Intellectual Property

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The Employment Law Alliance is offering a free 90-minute webinar on Tuesday, June 21, 2016, focusing on “The Defend Trade Secrets Act: New Rights and Obligations for U.S. Employers.”

Webinar Description

Protecting trade secrets and other intellectual property is a key issue for employer. However, no US federal law existed to provide a civil remedy for trade secret theft. That changed on May 11, 2016, when President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). DTSA provides a federal cause of action for trade secret theft. Now, employers may sue former employees or others who misappropriate their trade secrets in federal court or in state court under existing state laws.

During the webinar, experienced lawyers from across the U.S. will offer guidance and insights into the following:

  • Overview of the federal Defend Trade Secrets Act
  • How the DTSA will impact employers
  • Steps employers should consider taking in light of the DTSA
  • What the DTSA means for multi-state employers in prosecuting, or defending against, claims of trade secret misappropriation
  • Best practices and key take-aways Read more »

SSEK a Top-Ranked Labor and Employment Firm

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SSEK Legal Consultants is again ranked as one of Indonesia’s leading labor and employment law firms by independent legal publications.

SSEK is rated as a Tier 1 employment law firm in the 2016 edition of The Legal 500 and is a Highly Recommended Labor & Employment law firm in 2016 Asialaw Profiles: The Guide to Asia-Pacific’s Leading Domestic Law Firms.

SSEK is a Band 2 Employment firm in the 2016 edition of Chambers Asia-Pacific. It quotes one client as saying of SSEK’s labor and employment practice: “Highly experienced, with a thorough understanding of local law.”

Richard D. Emmerson, the supervising foreign legal advisor of SSEK’s labor and employment practice, is ranked as a Band 1 employment practitioner by Chambers Asia-Pacific and is recommended by Asialaw. Richard is included in The International Who’s Who of Management Labor & Employment Lawyers, a guide to the world’s leading labor and employment lawyers. Read more »

SSEK Legal Adviser to Speak at Global Bauxite Conference

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Michael S. Carl, an international legal adviser at SSEK Indonesian Legal Consultants, will be a featured speaker at the 2nd Global Bauxite Conference being held June 29-30 in Bali.

Michael will discuss the Alumina Refinery Investment Environment in Indonesia. His session is scheduled for Wednesday, June 29.

For more information on the conference, click here.

Michael Carl is the supervising adviser for SSEK’s mining practice. He works with multinationals and large domestic companies on all aspects of their operations in Indonesia’s mining sector, including advising on smelting and other possible investments in mining assets in Indonesia. Read more »

SSEK to Speak at Deloitte CSG Inbound Investment Seminar

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SSEK Legal Consultants managing partner Rusmaini Lenggogeni and Andini Hegarmanah Dewi, an associate lawyer at the firm, are featured speakers at the upcoming seminar “Inbound Investment into Indonesia: Tax & Transfer Pricing Updates.” This complimentary event is being organized and hosted by Deloitte Indonesia’s Chinese Services Group.

This seminar will feature an update on Indonesian regulatory matters from a legal perspective and a discussion on key changes in tax regulations.

Seats are limited for this complimentary event and registration is on a first-come, first-served basis.

Rusmaini has more than 20 years of experience practicing corporate and commercial law. She regularly advises multinationals on cross-border deals and specializes in corporate mergers and acquisitions, taxation, real property leases, capital markets, banking and corporate matters. She earned her Master of Laws in International Business Studies from American University’s Washington College of Law in Washington, DC. Read more »

Indonesian Legal Review: Bilateral Investment Treaties

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By Budi Widuro

Indonesia’s international investment policy has been in the spotlight since the Government of Indonesia (the “GOI”) conveyed in 2014 its intention to terminate all of its existing bilateral investment treaties (“BITs”). This announcement has raised concerns among current and foreign prospective investors in Indonesia, since BITs provide the foundation for protection against governmental expropriation and nationalization. Most BITs also offer an investor-state dispute settlement mechanism that can and has played a decisive factor for foreign investors to invest in developing countries such as Indonesia.

True to its announced intention, in 2015 the GOI terminated existing BITs with several countries, a move that received a negative response from the international community. These countries were the Netherlands, Bulgaria, China, France, Italy, Laos, Malaysia, and Slovakia. In addition, Indonesia delivered diplomatic notes in 2015 to India, Cambodia, Romania, Turkey, Spain, Hungary and Vietnam conveying its intention to terminate its BITs with those countries in 2016.

Read more »

Indonesian Employment Law Update: National Holidays, THR and Employees with Disabilities

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By Richard D. Emmerson and Indrawan D. Yuriutomo

There have been several Indonesian employment law developments since the beginning of the year. While these are not particularly big changes, it is important for businesses in Indonesia to stay on top of the latest employment rules.

National Holidays and Collective Leave in 2017

The Minister of Religious Affairs, Minister of Manpower and Minister of State Apparatus Empowerment and Bureaucratic Reform have issued a joint decision on National Holidays and Collective Leave in 2017.

The Joint Decree stipulates 14 public holidays in 2017 as follows: Read more »

Legal Alert May 2016

Legal Alert (for blog post)

Please find the SSEK Legal Alert for May 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 »