Insurance and Reinsurance Contracts in Indonesia

IEA MYE

By Ira A. Eddymurthy and Maria Yudhitama

Under the Indonesian Commercial Code, insurance is an agreement between the insurer (insurance company) and the insured party under which the insurer agrees to compensate the insured party for losses, damages or loss of revenues on the occurrence of uncertain events, in return for receiving premiums from the insured party.

Under the Law No. 40 of 2014 regarding Insurance (the “Insurance Law”), insurance is a written agreement between the insurance company and the policyholder under which, in return for a premium, the insurance company agrees to either: 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. Read more »

Data Protection in Indonesia

Data Management

By Denny Rahmansyah and Saprita Tahir

Article 28(G) of the 1945 Constitution is considered as the basis for more specific data privacy legislation in Indonesia. Article 28(G) provides that every person has the right to: (i) Protection of their personal selves, families, respect, dignity and possessions under their control; and (ii) Security and protection from threat of fear for doing, or not doing, something which constitutes a human right.

Provisions on the protection of personal data can be found in Law No. 11 of 2008 regarding Electronic Information and Transactions, as amended by Law No. 19 of 2016 (the Electronic Information Law). The procedural guidelines for the Electronic Information Law are contained in Government Regulation No 82 of 2012 regarding the Implementation of Electronic Systems and Transactions (Government Regulation 82).

However, none of these regulations provide a comprehensive set of provisions for the protection of personal data in Indonesia, but rather simply provide the general idea of personal data protection without specific guidelines. On December 1, 2016, the Minister of Communication and Informatics (MOCI) issued a regulation specifically for the protection of personal data that is contained in an electronic system, namely MOCI Regulation No. 20 of 2016 regarding Personal Data Protection in Electronic Systems (MOCI Regulation 20). MOCI Regulation 20 is an implementing regulation for the Electronic Information Law and Government Regulation 82. Read more »

A Guide to Retirement Plans & Schemes

Abstract Technology Network Background

SSEK Legal Consultants has contributed the Indonesia chapter to a new Asia Regional Guide to Retirement Plans & Schemes.

The guide provides a brief overview of the laws relating to the regulation of retirement plans and schemes in 16 countries. Each chapter summarizes the country’s social security system and employer-sponsored broad-based plans/schemes.

Key areas covered include the principal statutes governing, and the key features of the tax framework applicable to, such plans/schemes, employer-funding obligations and the material rules governing plan/scheme investments, the employer’s principal reporting and disclosure obligations, circumstances in which a retirement plan/scheme may be terminated and the associated employer liability for any underfunded benefits, the portability of an employee’s benefits, and the requirements, if any, to provide post-retirement cost of living adjustments. Read more »

SSEK Looks at Insurance and Reinsurance in Indonesia

IEA MYE

SSEK founding partner Ira A. Eddymurthy and associate lawyer Maria Yudhitama have contributed the Indonesia chapter of the Insurance and Reinsurance Global Guide 2017/18. The guide is published by Thomson Reuters Practical Law.

Ira and Maria provide a high-level overview of the trends and regulatory framework in the Indonesian insurance and reinsurance market. They look at the regulation of insurance and reinsurance contracts in Indonesia, the corporate structure of insurers and reinsurers in the country, and the regulation of insurers and reinsurers.

They also discuss operating restrictions for insurance and reinsurance entities in Indonesia, reinsurance monitoring and disclosure requirements, content requirements for policies and implied terms, and insurance and reinsurance claims in Indonesia. Read more »

Joint Ventures in Indonesia

Businessmen

By Ira A. Eddymurthy and Nico Mooduto

There are various laws and regulations that govern the terms that can be included in joint venture (JV) agreements in Indonesia, including Law No. 40 of 2007 regarding Limited Liability Company (the “Company Law”) and the Indonesian Civil Code.

There are additional regulations for JVs operating in certain industries. For example, Law No. 2 of 2017 regarding Construction Service (the “Construction Law”) regulates certain JVs in the construction industry. The Construction Law allows the formation of a joint operation, which is a legal arrangement that resembles a JV. A joint operation is an agreement between a foreign construction representative office and a local construction company for the completion of a specific construction project.

There are two types of joint ventures in Indonesia: corporate JVs and contractual JVs. Read more »

SSEK Contributes Indonesia Chapter to Joint Ventures Global Guide

IEA NAM

SSEK founding partner Ira A. Eddymurthy and Nico Mooduto, an associate at the firm, have contributed the Indonesia chapter of the Joint Ventures Global Guide 2017/18. The guide is published by Thomson Reuters Practical Law.

Ira and Nico provide an overview of joint ventures law in Indonesia. They discuss a number of topics, including regulation of joint ventures in Indonesia, types of joint ventures permitted in the jurisdiction, formalities for formation and registration of joint ventures in Indonesia, and rules relating to joint ventures in Indonesia with foreign members

You can find the chapter on Joint Ventures in Indonesia here. Read more »

SSEK Contributes Indonesia Chapter to Data Protection Global Guide

DR SPT

Denny Rahmansyah, a partner at SSEK Legal Consultants, and Saprita Tahir, an associate at the firm, have contributed chapters on data protection and privacy in Indonesia as part of the Data Protection Global Guide 2017/18. The guide is published by Thomson Reuters Practical Law.

Denny and Saprita provide an overview of data protection and privacy rules and principles in Indonesia. Among the issues covered are the obligations of data controllers and the rights of data subjects; rights to access personal data; data processing by third parties; the international transfer of data, and privacy rights of citizens and residents of Indonesia.  They also look at regulator in Indonesia and sanctions and remedies for violations of privacy and data protection rules.

You can find the chapter on Data Protection in Indonesia here and the overview of Privacy in Indonesia here. Read more »

SSEK Partner Recognized in Guide to Leading Women in Business Law

Ira Eddymurthy

Ira A. Eddymurthy, a founding partner of SSEK Indonesian Legal Consultants, has been acknowledged in the 2017 edition of Expert Guides: Women in Business Law, a guide to the leading women business lawyers in the world.

Lawyers were selected for inclusion in Expert Guides: Women in Business Law through peer nominations, independent research and peer evaluations.

Ira Eddymurthy was recently named Woman Lawyer of the Year at the 2017 Asian Legal Business Indonesia Law Awards.

Ira was a featured speaker at the recent US-Indonesia Women’s CEO Summit in Washington, DC, which brought together C-Suite women from Indonesia and the United States for a “series of lively, open, and uniquely personal conversations on how they did it, how they do it and how they are planning for the future.” Read more »

SSEK Speaks at Master Class on Legal Aspects of Cloud Computing in Indonesia

Harry Kuswara

SSEK Legal Consultants was asked to speak at the Techonomy Master Class 2017 organized by the Business Law Society at the University of Indonesia Faculty of Law. The theme of the event was “Privacy and Security Concerns in Cloud Computing.”

Harry Kuswara, an associate at SSEK, gave a presentation at the event. He disused data protection regulation in Indonesia and the legal aspects of cloud computing in the Indonesian framework.

You can find his presentation (in Indonesian) here.