A Winding Path for Well-Known Marks in Indonesia
This article will primarily analyze the definition and scope of well-known marks from three different angles, specifically: (1) International legal frameworks; (2) National legal frameworks; and (3) Court practices. Towards the end of this article, a number of recommendations will be set out for owners of well-known marks as regards the tackling of this issue from the point of view of best practices.
After the Tax Amnesty: A New Chapter in Tax Compliance and Supervision
This edition of Indonesia Law Digest will elaborate upon key policies of the post-tax-amnesty program, which is primarily focusing upon the repatriation of assets, new income-tax treatment for additional and undisclosed assets, as well as land-title transfers through the tax-amnesty program.
In a Nutshell: Indonesia’s Money Market
In Indonesia, the money market is a major part of the country's financial market, alongside the forex market, stock market and bond market. In addition to accommodating the need for investment, the money market is also a vital means through which Bank Indonesia (“BI”) can exert its authority as regards the determination of monetary policy.
Supreme Court Decision No. 31 K/Pdt/2017: The End of the Road for Water Privatization in Jakarta?
Although the decision handed down by the Supreme Court only applies to the parties in question, there are currently more than 40 private businesses involved in the water-management sector across Indonesia and these businesses continue to offer water-related services across a number of Indonesian provinces.
ISO 37001:2016 on Anti-Bribery Management Systems: Is Compliance Worth It?
ISO 37001:2016 interprets bribery as an act of offering, promising, giving, accepting or soliciting involving undue advantage of any value (which could either be financial or non-financial in nature), either directly or indirectly and irrespective of location(s), in violation of applicable laws and as an inducement or reward for a person acting or refraining from acting in relation to the performance of that person’s duties.
Utilization of Radio Frequencies: A Legal Perspective
The utilization and management of Spectrums is thus regulated, both at the domestic and international levels. Spectrums are natural resources which are under the control of the state then, however their utilization should also be regarded with an eye on international agreements, so as to prevent any harmful electromagnetic interference occurring between Spectrums.
The National Payment Gateway: Redefining Domestic Payment Systems and the Move towards a Cashless Society
Bank Indonesia has finally introduced the National Payment Gateway (NPG), a system which has been developed in order to integrate various payment channels and instruments at the national level. Through the NPG, the public can efficiently process domestic, non-cash transactions through any bank via any instrument and any channel.
Mortgage Backed Securities in Indonesia
In 2016, 17.42% of Indonesian households did not own their own homes. One solution offered by the government was to issue a regulation on secondary financing for housing projects, a type of financing which involves securitization over the pool of mortgage-loan facilities (“KPR”). Under this scheme, banks and other financial institutions responsible for the issuance of KPR may introduce countermeasures which address any maturity mismatch.
Seaport Businesses and Activities 101
Seaports represent perhaps Indonesia’s most vital trading backbone and are operated by port authorities and port operation units, both of which we will be referring to as Port Operators in this edition of ILD. However, the operation of ports may be transferred to other parties, i.e., so-called Port Companies, through concessions or through other cooperation schemes which may be available. As with any other Indonesian business framework, port businesses are required to be in possession of valid business licenses and thus all port players should secure the relevant licenses from the relevant authorities prior to commencing any port activities.
Cryptocurrency in Indonesia
An important economic milestone in many eyes and destined to lead to financial disruption the world over, cryptocurrencies are now used for everything from investment to shopping to buying apartments to financing terrorist organizations. Cryptocurrencies offer many potential benefits but also pose considerable risk at the same time. This edition ILD will analyze and address a number of key issues relating to the world of cryptocurrency and will take a look at how this new phenomenon is playing out in Indonesia.