Archive for the ‘Legal Updates’ Category

Shipping

Indonesian Shipping Law: Cargo and Passenger Claims

By Dyah Soewito and Stephen Igor Warokka The Indonesian Commercial Code (ICC) provides that a carrier is liable to provide compensation for any damages arising from its failure to deliver cargo, whether partially or entirely, or any damages to the cargo, unless such damage or failure to deliver was caused by force majeure. Indonesia has [...]

Labor & Employment

Update on Employment Law in Indonesia and Asia

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. Asia Employment Law: Quarterly 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 [...]

Labor & Employment

Discrimination and Employment Law in Indonesia

By Fahrul S. Yusuf Article 27 of the Indonesian Constitution states that all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception, and each citizen shall be entitled to work and to have a reasonable standard of living. The prevailing Indonesian labor [...]

Construction

Standard Forms of Contracts in the Indonesian Construction and Projects Sector

By Denny Rahmansyah Projects in Indonesia involving locally owned private construction service companies rarely refer to a particular contract model. Indonesian law does not require the use of a particular standard form of contract issued by a particular organisation. Indonesian law recognizes the principle of freedom of contract. This principle is explicitly stated in Article [...]

Labor & Employment

New Indonesian Manpower Regulation Changes Rules for Foreign Workers

By Joseph Hendrik The Indonesian Ministry of Manpower (“MOM”) has issued MOM Regulation Number 10 of 2018 on Procedures for the Utilization of Foreign Workers (“MOMR 10/2018″), which implements Government Regulation Number 20 of 2018 on the Utilization of Foreign Workers. MOMR 10/2018 revokes MOM Regulation Number 16 of 2015 and MOM Regulation Number 35 [...]

Abstract Technology Network Background

Protection of Privacy in Indonesia

By Denny Rahmansyah and Saprita Tahir With regard to private and family life in Indonesia, Article 28(G) of the 1945 Constitution 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 [...]

IEA RNW

SSEK Contributes Chapter on Establishing a Business in Indonesia

SSEK senior partner Ira A. Eddymurthy and Revaldi N Wirabuana, an associate at the firm, have contributed the Indonesia chapter to Practical Law’s global guide to establishing a business worldwide. Establishing a Business in Indonesia provides an overview of the key issues in establishing a business in Indonesia, including an introduction to the legal system; [...]

Businessmen

Facilitating Payments in Indonesia

By Denny Rahmansyah and Nico Mooduto We understand that the Foreign Corrupt Practices Act (the “FCPA”) permits facilitating payments to be made to foreign officials for routine governmental actions to expedite the performance of their duties. Such payments are generally considered as not being intended to influence the outcome of the official’s action or decision, [...]

Bitcoin

Fintech in Indonesia: Weighing the Future

SSEK’s Rusmaini Lenggogeni, Fahrul S. Yusuf and Harry Kuswara have contributed an article to the International Financial Law Review’s special supplement on cryptocurrency regulation around the world. SSEK looks at Indonesia’s clampdown on virtual currencies and the future potential of blockchain. You can find the article here. International Financial Law Review (IFLR) is a market-leading [...]

Labor & Employment

Terminating an Employment Relationship in Indonesia

By Fahrul S. Yusuf Under Law No. 13 of 2003 regarding Labor (the “Labor Law”) and other prevailing labor laws and regulations, employment-at-will and termination upon simple notice are not recognized in Indonesia. Employment terminations must follow the procedures under the Labor Law and Law No. 2 of 2004 regarding Industrial Relations Dispute Settlement (“Law [...]