Indonesian Legal Review: Airports

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By Mohammad K. Bratawijaya

1.         Introduction: This article focuses on the types of business activities that can be conducted at airports pursuant to the most recent regulations. The regulation of airports is under the jurisdiction of the Ministry of Transportation (the “MOT”). The most recent basic regulation on airport business activities is MOT Regulation No. 69 of 2013 on the Order of National Airport Affairs (August 20, 2013) (“MOT Reg 69/2013″). In general, MOT Reg 69/2013 was issued to set out the functions, hierarchy and classification of airports, including an airport national master plan.

In addition, the MOT also issued Regulation No. 56 of 2015 on Airport Business Activities (March 18, 2015) (“MOT Reg 56/2015″) as amended by MOT Regulation No. 187 on the Amendment of MOT Regulation No. 56 of 2015 regarding Airport Business Activities (December 4, 2015) (“MOT Reg 187/2015″). This regulation, which concentrates on business activities conducted at airports, including the administrative and financial requirements for business players to conduct such activities.

Some basic background information is required to understand MOT Reg 69/2013, MOT Reg 56/2015 and MOT Reg 187/2015, discussed below. The term “Airport Affairs” means any activities related to airport affairs and other activities necessary to perform the functions of safety, security, smooth operations and the inter-airport transport and/or intermodal transport order of air traffic, passengers, cargo and/or postal communications inter-airport transport and/or intermodal transport. Read more »

Update on Indonesian Employment Law

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Richard D. Emmerson, a senior foreign legal advisor at SSEK Legal Consultants, has contributed the Indonesia chapter to 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 advisors stay up to date on employment-related legal developments around Asia.

Mr. Emmerson has 30 years of experience as a corporate-commercial lawyer. He has extensive experience advising on all aspects of labor and employment law in Indonesia. Mr. Emmerson has been endorsed by Chambers Asia, Asia Law & Practice and Who’s Who Legal as a leading labor and employment lawyer. He is a member of the Employment Law Alliance, the leading global alliance of labor and employment law firms and lawyers. Read more »

Indonesian Legal Review: Language Law

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By Miftahul Khairi

Law No. 24 of 2009 regarding the National Flag, Language, Emblem and Anthem (July 9, 2009) (the “Language Law”) was very likely not one of the most visited regulations until the West Jakarta District Court rendered a groundbreaking decision in 2013 (i.e., West Jakarta District Court Decision No. 451/Pdt.G/2012/PN.Jkt.Bar (the “Court Decision No. 451″) that immediately multiplied the level of scrutiny by both business players and lawyers of the relevant provision under the Language Law concerning the mandatory use of the Indonesian language in agreements. Read more »

Indonesian Legal Review: E-Commerce

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By Irwina Annisa

Many retail transactions today are conducted through websites or mobile applications – in other words, they are digitalized. Business actors in Indonesia often raise the question whether there are any Indonesian legal restrictions on digitalizing their businesses through websites or mobile applications.

There is no specific Government of Indonesia (“GOI”) law or regulation that deals with e-commerce activities in any depth or detail. However, the GOI’s current Negative Investment List (discussed below) provides that an e-commerce business must be 100 percent owned by Indonesians, because this is seen as a retail activity closed to foreign investment. There are a number of other laws and regulations that deal in part or otherwise touch on this business sector but do not purport to directly regulate it.

Read more »

SSEK Kartini Day Donation

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SSEK Legal Consultants collected and donated clothes, books, toys, bags and cash to the children at Yayasan Rumah Ramah Sejahtera orphanage during an event to mark Kartini Day on April 21.

Kartini Day celebrates Raden Ajeng Kartini, the Indonesian heroine who championed women’s rights and education for girls.

Yayasan Rumah Ramah Sejahtera houses 12 girls and 10 boys in Jakarta. It emphasizes education, health, entrepreneurship and good character.

Thanks to the participation of everyone in the SSEK family, we were able to collect and donate several boxes of clothes, books and toys for the children, and more than 5 million rupiah in cash.

Indonesian Legal Review

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SSEK Legal Consultants has released its Indonesian Legal Review to offer an overview of recent developments in the Indonesian legal sector.

The Indonesian Legal Review looks at recent developments in almost 50 sectors, providing insight into Indonesian legal and regulatory developments in these sectors, from Airports to Tourism.

To read the Indonesian Legal Review, you can click here.

Indonesian Economic Stimulus Package

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By Adhiningtyas Sahasrakirana Djatmiko and Tanita Dhiyaan Rahmani

Between September 2015 and March 2016, the Indonesian central government released eleven economic stimulus packages, which taken together are known as Jokowi’s Economic Package (Paket Kebijakan Ekonomi Jokowi). Jokowi, of course is Indonesia’s president, Joko Widodo. A twelfth package is expected to be released in April 2016. The packages are designed as a first-aid kit for the Indonesian economy and include amendments to regulations and the revocation of regulations seen as hampering economic growth.

The following is a summary of the packages that have been released as of this article. Read more »

Legal Alert March 2016

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Please find the new SSEK Legal Alert for March 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 »

SSEK Partners to Speak at Insurance M&A Conference

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Two partners at SSEK Indonesian Legal Consultants will be featured speakers at the upcoming 3rd Conference on Insurance M&A in Asia, which is being organized by Asia Insurance Review. The conference will be held April 27-28 at the Mandarin Orchard Hotel in Singapore.

SSEK partners Ira A. Eddymurthy and Fahrul S. Yusuf will give a presentation on the second day of the conference, on Thursday, April 28. Ira and Fahrul will discuss the latest trends, opportunities, challenges and regulatory developments affecting insurance M&A in Indonesia.

SSEK is recognized as one of Indonesia’s leading firms for both insurance and M&A work. Ira Eddymurthy heads SSEK’s award-winning corporate mergers and acquisitions practice and is recognized as one of Indonesia’ top M&A lawyers by independent legal publications including Chambers & Partners, IFLR1000, The Legal 500 and Who’s Who Legal. Read more »

Proposal to Revoke Five Business Permits in Indonesia

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By Tanita Dhiyaan Rahmani

On March 16, 2016, Indonesian President Joko Widodo announced a plan to simplify business licensing in Indonesia by revoking five existing business permits issued at the regional level.

These five business permits are: Read more »