Legal Alert January 2017

Legal Alert

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

Click here: Legal Alert January 2017

Ira A. Eddymurthy Recognized in Expert Guides

Ira Eddymurthy

SSEK founding partner Ira A. Eddymurthy has been recognized for Banking, Capital Markets, Corporate Governance, and Mergers and Acquisitions in Legal Media Group’s Expert Guides.

Ira was also selected for inclusion in Expert Guides: Guide to the World’s Leading Women in Business Law.

Ira is a supervising partner of SSEK’s banking, capital markets, and corporate mergers and acquisitions practices. She is regularly recognized by leading independent legal publications as one of Indonesia’s leading practitioners. 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 15 jurisdictions in Asia. The review is designed to help legal and human resources advisers stay up to date on employment-related legal developments 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 Recognized for Leading Real Estate Practice in Indonesia

Chambers 2017

SSEK Legal Consultants has been recognized as a leading firm in Indonesia for real estate and two SSEK lawyers were named leading practitioners for real estate in the 2017 Chambers Asia-Pacific directory of the leading law firms and lawyers in the region.

SSEK received a Band 1 ranking for Real Estate in the new Chambers directory. Chambers noted that SSEK has a well-established real estate team that frequently advises on hotel, residential and office developments.

Clients highlighted SSEK’s pragmatic and commercial insight. One client told Chambers: “They don’t just recite from a textbook, they give you practical advice and solutions.”

Two of SSEK’s lawyers, Michael D. Twomey and Michael S. Carl, were among just three foreign legal advisors recognized as leading practitioners for real estate in Indonesia. Read more »

Overview of the Indonesian Natural Gas Sector

Oil & Gas Regulation 2017

By Fitriana Mahiddin and Syahdan Z. Aziz

Indonesia has approximately 150-153 trillion standard cubic feet (“TSCF”) of natural gas reserves. The BP Statistical Review of World Energy 2016 recorded 100.3 TSCF of proven reserves in Indonesia as of the end of 2015, with gas production reaching 75 billion m3, which is a slight decrease from 2014. Of that production, 39.7 billion m3 was used domestically and the remaining was exported. LNG dominated the export stream with 21.9 billion m3, while pipeline exports stayed at 10.5 billion m3.

According to the PwC Oil and Gas Guide 2016, Indonesia has approximately 453 trillion cubic feet (“Tcf”) of coalbed methane (“CBM”) reserves, which would rank Indonesia sixth in the world in terms of CBM reserves. Shale gas reserves are estimated at 574 Tcf.  There were a total of 46 CBM contracts as of the end of 2015.

Indonesia’s main areas for gas production are South Sumatra, East Kalimantan, Natuna, Sulawesi and West Papua.

LNG facilities in Indonesia include Bontang (East Kalimantan), Tangguh (West Papua) and the newest, Donggi Senoro (Sulawesi). According to a 15-year roadmap published by Indonesia’s Directorate General of Oil and Gas (“DGOG”) in April 2016, the Government of Indonesia (“Government”) forecasts a need for USD 24.8 billion in investment to enhance gas infrastructure. Read more »

SSEK Short-Listed for Indonesian Firm of the Year

Chambers Asia-Pacific 2017 Shortlisted FOY

SSEK Legal Consultants is on the short list for the Chambers 2017 Indonesia National Firm of the Year.

In the 2017 Chambers Asia-Pacific directory, SSEK is rated as a top-tier firm for Banking & Finance, Corporate/M&A, Dispute Resolution, Employment, Projects & Energy, Real Estate, and Telecommunications. These rankings across multiple practice areas underline SSEK’s position as a leading full-service corporate and commercial law in Indonesia.

SSEK was named the Chambers Indonesia National Law Firm of the Year in 2013 and 2011. Read more »

SSEK Highly Ranked in Chambers Indonesia 2017

Chambers Asia 2017 Leading Individual

SSEK Legal Consultants earned seven firm rankings in the 2017 Chambers Asia-Pacific directory of the leading law firms in the region. Five SSEK lawyers received individual rankings across five practice areas.

SSEK was recognized as a leading firm in Indonesia for Banking & Finance, Corporate/M&A, Dispute Resolution, Employment, Projects & Energy, Real Estate and Telecommunications. These rankings underline SSEK’s standing as one of Indonesia’s leading full-service corporate law firms. Read more »

Management of Personal Data in Indonesia

Data Management

By Fahrul S. Yusuf and Indrawan Dwi Yuriutomo

The management of personal data under Indonesian law is largely consent based. This consent must be given in writing by the owners of the personal data, either manually or electronically, after the owners are given a full explanation of any actions that will be taken in regard to their personal data including any cross-border transfer.

Any company that obtains such consent can manage the personal data as long as this management falls under the scope of the consent given. So, for example, a company may not disclose the personal data if the owner of the data has not given his or her consent for such disclosure.

Transfer of Personal Data Outside of Indonesia

The newly issued Minister of Communication and Informatics (“MOCI”) Regulation No. 20 of 2016 regarding the Protection of Personal Data in Electronic Systems (“Reg. 20/2016″), provides that any electronic system provider that operates in Indonesia must fulfill several requirements if it intends to transfer personal data outside of Indonesia. Read more »

SSEK Advisor Recognized as Leading Restructuring & Insolvency Lawyer for Indonesia

Darrell-R-Johnson_72dpi

Darrell R. Johnson has been recognized as a leading restructuring and insolvency lawyer in the 2017 edition of Who’s Who Legal: Restructuring & Insolvency. Darrell was one of just three lawyers recognized in Indonesia.

Darrell is a supervising advisor for SSEK’s restructuring and insolvency practice and has extensive experience working with the largest companies doing business in Indonesia. He is praised by clients as a “fantastic lawyer who always gives first-class advice”.

In addition to being recognized by Who’s Who Legal, Darrell is acknowledged by Chambers Asia-Pacific, Legal 500, IFLR1000 and Asialaw as a leading lawyer in the areas of banking and finance, corporate/M&A, and projects and energy. Read more »

Indonesia Regulates Gross Split Production Sharing Contracts for Conventional and Non-Conventional Oil and Gas

KONICA MINOLTA DIGITAL CAMERA

By Fransiscus Rodyanto

The Indonesian Minister of Energy and Mineral Resources (“MEMR”) on January 13, 2017 issued Regulation No. 08 of 2017 regarding Gross Split Production Sharing Contracts (“MEMR Reg. 8/2017″),  which came into force on January 16, 2017.

The main features of MEMR Reg. 8/2017 are as follows:

Gross Split PSC

MEMR Reg. 8/2017 regulates a type of oil and gas cooperation contract called a gross split production sharing contract (“Gross Split PSC”). Gross Split PSC applies for both conventional and non-conventional oil and gas.

The Government of Indonesia previously introduced gross split (sliding scale) production sharing contracts for non-conventional oil and gas under MEMR Regulation No. 38 of 2015 regarding Expediting Non-Conventional Oil and Gas Operations (“MEMR Reg. 38/2015″). Unlike MEMR Reg. 8/2017, however, MEMR Reg. 38/2015 did not provide adequate elaboration on the implementation of gross split (sliding scale) production sharing contracts. All provisions under MEMR Reg. 38/2015 regarding gross split (sliding scale) production sharing contracts have been revoked and replaced by MEMR Reg. 8/2017. Read more »