Archive for the ‘Legal Updates’ Category

Michael Carl

Bauxite Mining and Alumina Refinery Investment Environment in Indonesia

Michael S. Carl, an international legal adviser at SSEK Indonesian Legal Consultants, was invited to give a presentation at the 3rd Global Bauxite Conference 2017 held June 14-15 in Jakarta. Michael discussed the Bauxite Mining and Alumina Refinery Investment Environment in Indonesia. You can find his presentation materials here. Michael Carl is the supervising adviser [...]

Jakarta

Insurance Companies in Indonesia Must Appoint Controller

By Ira A. Eddymurthy and Maria Yudhitama Indonesia’s Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) has issued a regulation that requires insurance companies in Indonesia to appoint a controller by June 2017 at the latest. OJK Regulation No. 67/POJK.05/2016 regarding Business Licensing and the Organization of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies and [...]

Jakarta

Insurance Companies in Indonesia Must Follow Requirement on Ultimate Shareholders

By Ira A. Eddymurthy and Maria Yudhitama The Indonesian Insurance Law (Law No. 40 of 2014 regarding Insurance) introduced a significant change regarding the shareholding composition of insurance companies. Breaking from previous policy, the Insurance Law specifically mandates that the local shareholders in an insurance company must be ultimately owned by Indonesian individuals. After the [...]

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Recent Developments in Bankruptcy Law and Suspension of Debt Payments in Indonesia

By Dewi Savitri Reni and Dimas Indartono Indonesia has had a bankruptcy law since 1905, when Staatsblad 1905 No. 217 juncto Staatsblad 1906 No. 348 Concerning Bankruptcy was enacted. In response to the 1997-98 Asian financial crisis, and the view that the 1905 bankruptcy law was out of date and irrelevant to modern commercial needs, [...]

Oil & Gas Regulation 2017

Restrictions on Contractors in the Indonesian Oil and Gas Sector

By Fitriana Mahiddin and Syahdan Z. Aziz There are a number of rules for Production Sharing Contract (“PSC”) Contractors in Indonesia’s oil and gas sector, including those on the export of production, currency exchange and the transfer or disposal of development rights. Subject to obtaining requisite export approvals, a Contractor is entitled to export its [...]

Labor & Employment

Salaries of Foreign Workers Seconded to Indonesia

By Wynne Prasetyo Bank Indonesia has refined its position regarding the exemption of a cross-border supply of services from the currency requirement, particularly in the case of a foreigner who is employed by a foreign company and seconded to an Indonesian company (Article 8.(1).b.1 of Bank Indonesia Regulation No. 17/3/PBI/2015 and Article C.3.b.1 of Bank [...]

Shipping

Indonesia Extends Cabotage Exemption

By Dyah Soewito and Stephen Igor Warokka The Indonesian Shipping Law and its implementing regulations contain Indonesia’s cabotage rules, requiring that domestic sea transportation be carried out by an Indonesian shipping company using an Indonesian-flagged vessel and an Indonesian crew. These provisions are broadly interpreted to cover most vessels, including different types of vessels operating [...]

Oil & Gas Regulation 2017

Indonesian Oil and Gas Sector: Role of the State

By Fitriana Mahiddin and Syahdan Z. Aziz Extracted oil and gas in Indonesia remains owned by the State until it passes the point of export or other delivery point. Thereafter, the Government is entitled to a certain percentage of the production output as apportioned under the Production Sharing Contract (“PSC”), as is the Contractor. Under [...]

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 15 jurisdictions in Asia. The review is designed to help legal and human resources advisers stay up to date on employment-related legal developments around Asia. For the Indonesia chapter of the Employment Law [...]

Oil & Gas Regulation 2017

Development of Oil and Natural Gas in Indonesia

By Fitriana Mahiddin and Syahdan Z. Aziz Indonesia’s oil and gas sector is governed by Law No. 22 of 2001 regarding Oil and Gas (the “Oil and Gas Law”). The state retains mineral rights throughout Indonesian territory and the Government holds the mining authority. The oil and gas sector comprises upstream and downstream activities, which [...]