Indonesian Law Digest

Gijzeling and the Hostage Mechanism: The Ultimate Tax-Compliance Regime
The government has set itself a tax-revenue target for 2018 of IDR 1,618.1 trillion, which represents an increase of 9.9% over the 2017 target of IDR 1,472.7 trillion. In order to achieve this target, a number of strategies aimed at strengthening tax compliance by taxpayers are being implemented. One of the strategies is the enforcement of “gijzeling”, which literally means to take non-compliant taxpayers hostage.
Business under the Draft Criminal Law Code: Part II - Intellectual Property, Insurance, Antitrust and Bankruptcy
This edition of Indonesian Law Digest (ILD) will continue with our in-depth analysis of the Draft Criminal Law Code 2018 (“RKUHP 2018”) within a business context. This time around, criminal provisions which relate to the following business sectors, as they are addressed by the RKUHP 2018, will be analyzed and compared with the existing legal frameworks: 1) Intellectual property; 2) Insurance; 3) Monopoly and unfair business practices (antitrust); and 4) Bankruptcy.
Professionals: Know Your Customers
One of the most noticeable efforts made by the government was the introduction of the mandatory implementation of the know-your-customer (“KYC”) principles for certain professions which are exposed to the risk of money laundering or terrorism financing. This effort marks a new chapter in terms of the national planning of AML/CTF programs, which no longer limits the implementation of KYC principles to financial-service institutions only.
Business under the Draft Criminal Law Code: Part I - Corporate Criminal Acts
the RKUHP 2018 also introduces no less than 190 articles of criminal provisions which will ultimately change the way that interested parties conduct business in Indonesia. This includes matters relating to corporate crime, anti-trust, intellectual property rights, bankruptcy, the environment, insurance, electronic information and technology, the legal profession and other related areas.
National Import Reforms
The government through the Ministry of Trade has now already issued 18 out of 21 new regulations which were formulated in order to address the import-and-export sector. According to these new regulations, the government is hoping to reduce the bureaucratic obstacles to trade through the implementation of a post-border scheme.
Indonesian REITs
In order to boost the popularity of KIK – DIRE among investors, the government recently introduced two KIK – DIRE-related economic policy packages. The first of these packages, which was the current government’s fifth, exempted double-taxation on KIK – DIRE. Subsequently, the government's 11th economic policy package offered facilities relating to both income-tax and Acquisition of Land and Building Rights Duty Fees.
The Indonesian Single Electronic Window for Trading and Customs: INATRADE and INSW
Recognizing the desperate need to reform Indonesia’s licensing framework, around the turn of the millennium, the Indonesian Government set up various online licensing services in a bid to cut through the endless red tape, reduce licensing fees and provide adequate levels of data management and transparency for businesses.
Horticulture 101: Imports and Exports
The government has issued numerous regulations which address the area of horticulture, especially in regard to imports and exports. This edition of ILD will offer up an analysis of a number of policies which are relevant within the framework of horticultural import-and-export activities.
Investment Reform (Part 2): Investment Facilities and Investment Controls
Import-duty exemption facility was previously regulated under Head of BKPM Regulation No. 16 of 2015 on Guidelines and Procedures for Investment Facility Services, and no significant changes have been made in terms of the procedures which have to be followed in order to obtain this facility.
Investment Reform (Part 1): Investment Licensing Procedures
In order to address this new investment regime, this edition of Indonesian Law Digest (ILD) has been divided up into two parts. The first part will examine the issue of investment licenses, including licenses for both representative and branch offices. Meanwhile, the second part will address provisions which relate to investment facilities and investment control.
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