Friday, April 20, 2018
Issue Number: 554
The fourth part of our Indonesian Law Digest (ILD) series on the Draft Criminal Law Code 2018 (â€œRKUHP 2018â€) analyzes the various criminal provisions which relate to both maritime and aviation businesses. Our analysis ultimately reveals that few improvements have been made in terms of both of these sectors, which makes us question the governmentâ€™s urgency as regards the implementation of the new RKUHP 2018.
Friday, April 13, 2018
Issue Number: 553
The Draft Bill set out two areas in which wiretapping can be legally undertaken, namely for the purpose of law enforcement and to gather intelligence information.
Friday, April 06, 2018
Issue Number: 552
This week, we resume our discussion where we left off after the first part of this two-part edition of Indonesian Law Digest (ILD) on the public procurement of goods/services (â€œProcurementâ€), as addressed under the new Presidential Regulation No. 16 of 2018 on the Public Procurement of Goods and Services. In this second part we will address the remaining provisions, including the following highlights: 1) Implementation of e-reverse auctions; 2) Contract amendments, which apply to all types of contracts; 3) Utilization of the e-marketplace system for online Procurement; 4) New dispute-settlement mechanisms; and 5) New thresholds for international tenders/selections; and so forth.
Thursday, March 29, 2018
Issue Number: 551
Contracts are undoubtedly the most important element of Procurements. The various types of contracts which are available under the new framework have not been significantly changed, however, the classification of contracts has now been simplified.
Friday, March 23, 2018
Issue Number: 550
Continuing the hottest legal issue in the criminal law, this edition of Indonesian Law Digest (ILD) will present the analysis on criminal provisions under the Draft Criminal Law Code 2018 ("RKUHP 2018") addressing these matters: 1) Consumer goods; 2) Pawnbroker; 3) Environmental law; 4) Secrecy disclosure; and 5) Fraudulent corporate acts. Eventually, the criminal provisions under RKUHP 2018 are not connected with the sectoral legal frameworks and fail to bring improvement in each business sectors, not to mention that the issue on the overlapping criminal provisions.
Friday, March 16, 2018
Issue Number: 549
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 â€œgijzelingâ€, which literally means to take non-compliant taxpayers hostage.
Friday, March 09, 2018
Issue Number: 548
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.
Friday, March 02, 2018
Issue Number: 547
One of the most noticeable efforts made by the government was the introduction of the mandatory implementation of the know-your-customer (â€œKYCâ€) 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.
Friday, February 23, 2018
Issue Number: 546
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.
Thursday, February 15, 2018
Issue Number: 545
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.