SSEK to Speak at Webinar on Protecting Company Rights and Confidential Information

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Richard D. Emmerson, a senior foreign legal advisor at SSEK Legal Consultants, will take part in a free Employment Law Alliance webinar on Wednesday, March 11 titled, “What Employers in Asia Need to Know about Protecting Company Rights and Confidential Information.”

You can click here to register.

Webinar Description

Employers in Asia are increasingly facing questions of how best to protect confidential information and IP rights when an employee leaves the company. Restrictive covenants sometimes help, but provisions that are not well-drafted may not be enforceable.

This webinar, featuring employment lawyers from across Asia, will use a case scenario to offer guidance and practical insight into how employers can address these key issues, specifically:

  • How can employers prevent terminated employees from competing with their former company?
  • If there is a post-termination non-compete, what remedies are available to the employer?
  • What course of action can employers take when faced with a breach of a confidentiality obligation and IP rights?
  • What are the myriad considerations if the confidentiality breach involves cross-borders?

Guidance for Companies in Indonesia

Richard Emmerson, of SSEK Legal Consultants, will address these issues for companies operating in Indonesia. Mr. Emmerson has extensive experience in Indonesia and is recognized by leading legal publications including Chambers Asia Pacific, Who’s Who Legal and Asialaw as a leading employment law practitioner. Read more »

A Closer Look at Indonesian Condominium Law

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By Alvin Saptamandra Suryohadiprojo

Indonesia enacted a new Condominium Law in 2011 (Law No. 20 of 2011 regarding Condominiums, the “New Condominium Law”). It replaced Law No. 16 of 1985 regarding Condominiums (the “Old Condominium Law”). The implementing regulations of the New Condominium Law were to be issued at the latest one year after the enactment of the law. That has not happened and to date no implementing regulations have been issued. The New Condominium Law stipulates that any implementing regulations of the Old Condominium Law shall continue to apply to the extent that such regulations do not contradict the New Condominium Law and have not been amended by a new regulation.

Due to the absence of implementing regulations for the New Condominium Law, Government Regulation No. 4 of 1988 regarding Condominiums, dated April 26, 1988 (“GR 4/1988″), still applies. However, this does not solve the need for implementing regulations since GR 4/1988 does not cover all the provisions of the New Condominium Law, in particular those provisions that were not regulated under the Old Condominium Law. Further, the New Condominium Law mandates the issuance of 14 government regulations, six ministerial regulations and one regional regulation.

One of the main issues with the implementation of the New Condominium Law is the obligation that commercial condominium developers allocate 20% of the total commercial apartment area to be developed for the low-income community. This low-income development does not have to be at the same location as the commercial apartment, but it has to be in the same regency or city. Read more »

Legal Alert January 2015

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Please find attached the latest Legal Alert for January 2015

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 2015

Indonesian Language Law from the Perspective of the Courts

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By Miftahul Khairi

Indonesia’s Language Law (Law No. 24 of 2009) took effect on July 9, 2009. It regulates the practices and procedures for using the Indonesian flag, emblems, national anthem and language.

In 2013, the West Jakarta District Court issued a groundbreaking decision concerning the use of the Indonesian language in commercial agreements made with an Indonesian party. That decision captured the attention of the business community, in particular to the provision in the Language Law concerning the use of Indonesian language in commercial agreements (i.e., Article 31(1) of the Language Law).

Article 31(1) stipulates that the “Indonesian language must be used in a memoranda of understanding or agreement involving state institutions, government agencies of the Republic of Indonesia, Indonesia’s private institutions or individual Indonesian citizens.”

By virtue of Article 31(2) of the Language Law, in addition to the use of the Indonesian language, parties to a commercial agreement may also execute the agreement in English or the national language of the non-Indonesian party. Below are court decisions that have addressed provisions under the Language Law and have commercial implications for business players in Indonesia. Read more »

Government Changes Divestment Requirements for Mining Companies in Indonesia

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By Michael S. Carl and Florence Gracia Santoso

The mining industry in Indonesia remains in flux. On October 14, 2014, the Indonesian Government issued the third amendment to Government Regulation No. 23 of 2010 regarding the Implementation of Mineral and Coal Mining Business Activities. This third amendment is Government Regulation No. 77 of 2014 (GR 77/2014).

Divestment Requirement

Perhaps the most significant change introduced by GR 77/2014 concerns the divestment requirement for mining companies. In an apparent effort to foster underground mining and domestic processing and refining activities, the Indonesian Government has eased the divestment requirement for mining companies engaged in underground mining or which perform their own processing and refining activities. Read more »

SSEK Advises Daewoo International Corporation on Funding for Copper Project

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SSEK Legal Consultants has acted as Indonesian counsel to Daewoo International Corporation in connection with a US$210 million funding for the expansion of Australia-listed Finders Resources’ copper cathode plants (known as the Wetar Copper Project) in Indonesia’s Maluku Province.

This US$210 million funding consists of a credit approved commitment letter with a group of four banks for US$165 million of senior loan facilities and a US$45 million equity investment by Daewoo in Finders’ wholly owned Indonesian subsidiary, PT Batutua Tembaga Raya, which holds the Wetar Copper Project. Daewoo will hold a 24.1% economic interest in PT Batutua Tembaga Raya.

The complex deal involved the acquisition of shares in PT Batutua Tembaga Raya and the financing of the project held by the miner, as well as advising on various mining issues. Read more »

SSEK Partner Recognized as Leading Lawyer in Indonesia for Shipping

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Dyah Soewito, a founding partner of SSEK Legal Consultants, has been recognized by Who’s Who Legal as a leading Shipping practitioner in Indonesia.

Ms. Soewito is the head of the firm’s shipping practice. She specializes in shipping and maritime law, oil and gas law, foreign investment, construction and real estate, and corporate and commercial law.

She has deep ties to the Indonesian legal community and government offices, giving her a unique insight into the country’s regulatory framework. Ms. Soewito, as one client said, “excels in face-to-face negotiations thanks to her complete knowledge of relevant legislation and accurate analysis of the positions of various parties” (Chambers & Partners). Read more »

SSEK Foreign Legal Advisor Recognized as Leading Mining Practitioner

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Michael S. Carl, a foreign legal advisor at SSEK Legal Consultants, has been recognized by Who’s Who Legal as one of the leading Mining practitioners in Indonesia.

Mr. Carl is a supervising advisor for the firm’s mining practice. He specializes in mining, energy, infrastructure, finance, insolvency and restructurings, and M&A. He joined SSEK in 2004 and has more than 20 years of experience practicing law in Southeast Asia, principally in Indonesia.

Mr. Carl advises multinationals and large domestic companies on all aspects of their operations in Indonesia’s mining sector. He advised Intrepid Mines, listed in Australia, on the resolution of a dispute with its former Indonesian JV partner over a world-class porphyry project. He has advised on long-term coal sales agreements, represented a European state-owned electricity provider as a strategic investor in the IPO of a leading Indonesian coal producer and currently advises on smelting and other possible investments in mining assets in Indonesia. Read more »

A New Business Landscape in Indonesia

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SSEK Legal Consultants’ Rusmaini Lenggogeni and Winnie Y. Rolindrawan provide an overview of the rules and regulations affecting investment in Indonesia and look at the main legal developments in the country over the last year and how they impact companies operating or investing in Indonesia.

1. What were the most important legal developments in Indonesia in the last 12 months and how might they affect businesses?

The Indonesian Government has issued several significant laws and regulations in the past 12 months. The Trade Law (Law No. 7 of 2014 regarding Trade) was issued to create a comprehensive legal umbrella for both domestic and international trade-related activities. It coordinates international trade policies, standardization, licensing, consumer protection and trade promotion, and replaces the Dutch colonial era trade law of 1934. The new law introduces stricter requirements on Indonesian-language labelling, the use of domestic products, standardization to meet the Indonesian National Standard (SNI), import-export licensing and other measures, price enforcement, the imposition of trade restrictions or bans, e-commerce, the imposition of antidumping and countervailing duties and safeguards, border trade, and consultations with the House of Representatives (DPR) in reviewing foreign trade agreements.

Also issued was the new Industry Law (Law No. 3 of 2014 regarding Industry), which provides a master plan for national industry development and aims to strengthen industry in Indonesia and encourage industrial development across the country. It revokes the 1984 Industry Law. Similar to the Trade Law, the Industry Law is nationalistic in tone, particularly in its stipulations regarding the use of domestic products. Read more »

Free Employment Law Webinar

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The Employment Law Alliance is offering a free 90-minute webinar on Wednesday, January 21, focusing on “Year in Review: Key U.S. Labor and Employment Law Developments in 2014 and What to Expect in 2015.”

There were a large number of changes in labor and employment law in the U.S. in 2014 and the ELA expects to see at least as much action in 2015. This webinar will provide an overview of the key legal developments. Speakers will offer a national perspective with legal experts from every region of the country.

Together, they will offer insight on such topics as:

  • Recruiting and Hiring: The latest rulings on background checks and FCRA.
  • Hot Topics in EEO: The most recent pregnancy and disability accommodation cases, LGBT issues and the new requirements dealing with gender identity and sexual orientation discrimination for affirmative action employers.
  • Equal Pay: The current challenges to pay and compensation systems.
  • NLRB/Union Issues: The new “quickie election” rules, the use of an employer’s email system for union organizing, continued attacks on mandatory arbitration, and other landmark NLRB developments expected in 2015.
  • Class Action/Pattern and Practice Cases: Same sex harassment, retaliation, adverse action issues and whistleblowing claims.
  • Immigration: What you need to know about President Obama’s most recent executive action. Read more »