Archive for the ‘Legal Updates’ Category

KONICA MINOLTA DIGITAL CAMERA

Tax Treatment for Gross Split Production Sharing Contracts in Indonesian Oil and Gas Sector

By Ira A. Eddymurthy and Fransiscus Rodyanto The Government of Indonesia (“GOI“) first regulated Gross Split Production Sharing Contracts (“Gross Split PSC“) in early 2017, with the enactment of Minister of Energy and Mineral Resources (“MEMR“) Regulation Number 8 of 2017 regarding Gross Split Production Sharing Contracts, as amended by MEMR Regulation Number 52 of [...]

DR & SPT

Personal Data and Security Requirements in Indonesia

By Denny Rahmansyah and Saprita Tahir An electronic system provider (ESP) in Indonesia must maintain the correctness, validity, confidentiality, accuracy, relevance and compatibility with the purpose of the acquisition, collection, processing, analysis, retention, display, publication, transmission, dissemination and destruction of personal data. Additionally, an ESP must also carry out certification of its electronic system to [...]

Labor & Employment

Indonesian Employment Law Update: Employers Can No Longer Terminate Employees Who Are Married to Each Other

By Dicky Tanjung Employers in Indonesia were previously afforded the right to include in their employment contracts, company regulations or collective labor agreements a provision giving the employer the right to terminate an employee having a marital bond and/or a blood relationship with another employee in the same company. It is understandable that employers might [...]

DR & SPT

Data Protection Rules and Principles in Indonesia

By Denny Rahmansyah and Saprita Tahir There are several main obligations that must be fulfilled by an electronic system provider (ESP) in Indonesia under Minister of Communication and Informatics Regulation No. 20 of 2016 regarding Personal Data Protection in Electronic Systems (MOCI Regulation 20) to ensure that personal data is processed properly. These obligations include:

Abstract Technology Network Background

Indonesian Central Bank Regulates Financial Technology

By Harry Kuswara Indonesia’s central bank has for the first time issued a regulation designed to deal with financial technology (“fintech”) in general. Bank Indonesia (“BI”) Regulation Number 19/12/PBI/2017 regarding the Provision of Financial Technology, dated November 30, 2017 (“Reg. 19/2017″), was made public by BI on December 7.  The stated aim of Reg. 19/2017 [...]

IEA NAM

Joint Ventures With Foreign Members in Indonesia

By Ira A. Eddymurthy and Nico Mooduto Joint ventures with foreign parties are allowed in Indonesia. The rules relating to the validity and authorization of JVs with foreign parties are mainly set out in Law No. 25 of 2007 regarding Capital Investment (the “Investment Law”). Additionally, specific regulations issued by the Indonesian Investment Coordinating Board [...]

IEA MYE

Insurance and Reinsurance Contracts in Indonesia

By Ira A. Eddymurthy and Maria Yudhitama Under the Indonesian Commercial Code, insurance is an agreement between the insurer (insurance company) and the insured party under which the insurer agrees to compensate the insured party for losses, damages or loss of revenues on the occurrence of uncertain events, in return for receiving premiums from the [...]

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. The 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 Indonesia chapter of [...]

Data Management

Data Protection in Indonesia

By Denny Rahmansyah and Saprita Tahir Article 28(G) of the 1945 Constitution is considered as the basis for more specific data privacy legislation in Indonesia. Article 28(G) 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 [...]

Abstract Technology Network Background

A Guide to Retirement Plans & Schemes

SSEK Legal Consultants has contributed the Indonesia chapter to a new Asia Regional Guide to Retirement Plans & Schemes. The guide provides a brief overview of the laws relating to the regulation of retirement plans and schemes in 16 countries. Each chapter summarizes the country’s social security system and employer-sponsored broad-based plans/schemes. Key areas covered [...]