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 All provisions under MEMR Reg. 38/2015 regarding gross split (sliding scale) production sharing contracts have been revoked and replaced by MEMR Reg. 8/2017.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 »

Michael Carl of SSEK to Speak at INSOL Seminar on Insolvency

Michael-S-Carl_72dpi

Michael S. Carl, an international legal advisor at SSEK Indonesian Legal Consultants, will be a featured speaker at an upcoming one-day seminar in Seoul being organized by INSOL International.

The seminar, to be held on February 23, will cover the role of insolvency practitioners in rehabilitation proceedings, cross-border insolvency in the shipping industry, the reorganization of small and medium businesses in financial distress, schemes of arrangement in different jurisdictions, and insolvency of multinational enterprise groups.

Michael will discuss the bankruptcy/insolvency regime in Indonesia, including the role of insolvency practitioners. Read more »

SSEK Partner Ira Eddymurthy Recognized as Leading Banking Lawyer for Indonesia

Ira-Eddymurthy_72dpi

Ira A. Eddymurthy, a founding partner of SSEK Indonesian Legal Consultants, has been recognized as a leading lawyer in the 2017 edition of Who’s Who Legal: Banking.

Ira is a supervising partner of SSEK’s banking and finance practice. Who’s Who Legal notes that the “exceptional” Ira Eddymurthy is a market-leading banking and finance practitioner with an impressive practice focusing on a broad range of finance transactions. Read more »

Data Protection in Indonesia

Data Protection

By Richard D. Emmerson and Indrawan Dwi Yuriutomo

There is no comprehensive data protection law in Indonesia. Indonesian legal scholars often refer to Article 28(g) of the 1945 Constitution as the basis (albeit rather vague basis) for more specific data privacy legislation.

Article 28(g) of the 1945 Constitution states:

Each person shall have the right to protection of their personal selves, families, respect, dignity and possessions under their control and shall have the right to security and protection from threat of fear for doing or for not doing something which constitutes a human right.

There are various laws that relate to data privacy in a number of specific areas.

Data Privacy of Employees

The employment laws of Indonesia do not specifically deal with employee data privacy. In practice, employers in Indonesia regulate the data privacy of their employees by way of unilateral employee consents, employment agreements, Company Regulations and collective labor agreements. Such agreements permit the collection, retention, disclosure and use of the employee’s personal data or other confidential information. Such agreements and consents are justified by the freedom of contract principle under the Indonesian Civil Code. Read more »

Legal Alert December 2016

Legal Alert

Please find the SSEK Legal Alert for December 2016. 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 December 2016

SSEK Partners Contribute to International Oil & Gas Regulation Guide

Oil_&_Gas_Regulation_2017

SSEK partners Fitriana Mahiddin and Syahdan Z. Aziz have contributed the Indonesia chapter to the International Comparative Legal Guide to: Oil & Gas Regulation 2017.

Fitriana and Syahdan provide a comprehensive overview of the oil and gas sector in Indonesia, and examine issues related to exploration and production, licenses, royalties, taxation, contracts, local content rules, environmental regulations and more.

Fitriana is a supervising partner of SSEK’s oil and gas practice. She has represented numerous leading offshore and local upstream oil and gas companies. Fitriana is recognized as a leading lawyer for energy and natural resources. Read more »

Guide to Benefits in Indonesia

Labor & Employment

By Richard D. Emmerson and Indrawan Dwi Yuriutomo

In 2011, the Indonesian Government reformed its National Social Security System and passed Law No. 24 on the Social Security Organizing Body (Badan Penyelenggara Jaminan Sosial or “BPJS”) (the “BPJS Law”) to help meet the basic needs of the country’s population.

The types of social security programs mandated under the BPJS Law are (i) Health Care Security; (ii) Work Accident Security; (iii) Old-Age Security; (iv) Pension Security; and (v) Death Security.

BPJS of Health: Health Care Security is managed by BPJS of Health and is intended to cover all employees and residents (including foreign residents after working in Indonesia for six months) under a single health care system.

BPJS of Employment: Employment Security, including work accident, old-age, pension, and death benefits, is managed by BPJS of Employment.

All employees in Indonesia were required to register with BPJS by January 1, 2015. Everyone else must register by January 1, 2019.

Employer Required Retirement Plans/Schemes

Employers are required to enroll employees in the old-age security and pension programs under BPJS of Employment. Also, employees are entitled to enhanced statutory minimum termination benefits upon reaching the retirement age.  No other retirement plans/schemes are required.

Given the mandatory old-age security and pension programs under BPJS of Employment, and the additional generous statutory minimum termination benefits upon reaching the retirement age, supplementary private pension plans are not commonly provided by employers in Indonesia. Read more »

Government Regulation No. 1 of 2017: Digging a Hole for Indonesian Downstream Mining Industry?

Mining

By Ira A. Eddymurthy and Miftahul Khairi

The Government of Indonesia (“GOI“) began 2017 by issuing Government Regulation No. 1 of 2017 regarding the Fourth Amendment to Government Regulation No. 23 of 2010 regarding the Implementation of Mineral and Coal Mining Business Activities (January 11, 2017) (“GR 1/2017“). To better understand the policies introduced under GR 1/2017, one should also read the corresponding Minister of Energy and Mineral Resources (“MEMR“) regulations, as follows:

1.       MEMR Regulation No. 5 of 2017 regarding Increase of Added Value of Minerals through Domestic Mineral Processing and Refinery (January 11, 2017) (“MEMR Reg 5/2017“); and

2.       MEMR Regulation No. 6 of 2017 regarding the Procedure to Issue a Recommendation for the Export of Processed and Refined Minerals (January 11, 2017) (“MEMR Reg 6/2017“).

Under one of the recitals of GR 1/2017, it appears the GOI is attempting to strengthen the development of domestic mineral processing and refinery businesses. Yet, according to critics, these regulations are discouraging for existing downstream mineral companies with their new share divestment regime and loosening of the rules for the export of processed minerals. Read more »

SSEK Welcomes New Partner Dewi Savitri Reni

Dewi Savitri Reni

SSEK Indonesian Legal Consultants is pleased to announce the promotion of our new partner, Dewi Savitri Reni, effective January 2017.

Vitri’s practice includes debt restructuring and insolvency, dispute resolution, foreign capital investment, mergers and acquisitions, oil and gas law, and general corporate matters.

Vitri joined SSEK in 2009. She received her Bachelor of Laws from the University of Indonesia in 2005, and earned her Master of Laws in 2008 from the University of California, Berkeley. She is a member of the Indonesian Advocates Association (Peradi). Read more »