Indonesian Law Digest

Scrutinizing Taxation Data & Information – Part 1: Exchanges of Information at the International Level
Realizing that there’s a possibility of large amounts of revenue being generated, the government has been continuously striving to improve and modernize the country’s tax sector. After winding up the tax-amnesty program, the government has now comes up with various strategies designed to ensure better compliance in this sector. One of these strategies involves providing better access to tax data and information which relates to both individuals and corporations. This can be achieved through the implementation of both domestic and international approaches. This edition of Indonesian Law Digest will focus its discussion upon the collection of tax-related information through an international approach based on various international treaties which address the exchange of information.
Licensing Policy for Minerals and Coal Business Activities Simplified
In May 2017, the Ministry of Energy and Mineral Resources created a milestone within the minerals and coal sector by issuing Regulation No. 34 of 2017 on the Licensing of Minerals and Coal. In essence, this regulation simplifies a number of provisions which deal with licensing within the minerals and coal sector and which were formerly addressed under several different regulations. By issuing this regulation, the government is hoping that the investment climate within the sector will immediately show marked signs of improvement.
Prevention of Terrorism Funding by Financial-Service Providers
“Prevention is better than a cure.” So the old adage goes, and this applies equally to the issue of blocking terrorism financing, as opposed to attempting to capture and prosecute terrorists after appalling acts have already been carried out. This edition of ILD will analyze Indonesia’s regulatory framework as regards the prevention of terrorism financing within the financial-service sector, including current trends and issues which relate to the thorny problem of terrorism financing that we believe it is vital to pay attention to.
Indonesia: Towards an Anti-Bribery Era
This edition of ILD aims to offer a little insight into various domestic and international legal frameworks which address the thorny issue of bribery, and also offers a brief discussion as to why any companies operating within Indonesia should also be aware of and comply with the USA’s Foreign Corrupt Practices Act and the UK’s Bribery Act, as two of the world’s leading anti-bribery frameworks.
Licensing Policy for Upstream and Downstream Oil-and-Gas Business Activities Simplified
In April 2017, the Ministry of Energy and Mineral Resources was responsible for a milestone within the industrial oil-and-gas sector by issuing Regulation No. 29 of 2017 on the Licensing of Oil-and-Gas Business Activities. This regulation basically simplifies a number of provisions which address licensing within the oil-and-gas sector and which were formerly addressed under several different regulations. By issuing this regulation, the government is hoping that the investment climate within the oil-and-gas sector will soon show signs of improvement.
Indonesian Health Industries 101
What requirements have to be met in order to establish a hospital in Indonesia? Can pharmaceutical manufacturers and distributors become single companies under a single license? This edition of Indonesian Law Digest will address these and other questions, as it tackles the legal framework that covers Indonesia’s health industries and the anatomy of the country’s health sector.
Indonesian Fisheries Business 101
What types of fisheries businesses operate within Indonesia? Is the Indonesian fisheries sector open to foreign capital? How many layers of licenses are required before a business can commence operations? This edition of ILD will examine the basics of Indonesia’s fisheries sector and hopefully help you to negotiate any imminent business decisions.
Three New OJK Regulations on the Prevention and Control of Financial Crises
In response to the issuance of Law No. 9 of 2016 on the Prevention and Control of Financial-System Crises, the Financial Services Authority (OJK) has just issued three new regulations simultaneously, specifically (1) OJK Regulation No. 14/POJK.03/2017 on Recovery Planning for Systemically Important Banks; (2) OJK Regulation No. 15/POJK.03/2017 on the Stipulation and Follow-Up of Commercial-Bank Supervision; and finally (3) OJK Regulation No. 16/POJK.03/2017 on Intermediary Banks. The above three regulations have been introduced in a bid to ensure the stability of the Indonesian financial system by specifically regulating the supervision of commercial banks, mandatory recovery planning and also intermediary banks.
Non-Fixed-Route Public-Transportation Service Regulation Revised: Striking a Balance Between Conventional and Application-Based Transportation Services
As we reached the end of this first quarter in 2017, the Ministry of Transportation has issued the highly contentious Regulation No. PM 26 of 2017 on the Organization of Non-Fixed-Route Public-Transportation Services, which becomes the new framework for the organization of said transportation services, including application-based transportation services. This regulation repeals and replaces the previous framework originally set out under Ministry Regulation No.PM 32 of 2016 on the same matter and is attempting to offering greater legal certainty for the organizers of both non-fixed-route, public-transportation services in general, and application-based transportation services in particular. In this context, the new framework incorporates a number of essential revisions which relate to at least 11 areas, including: the categorization of application-based transportation services, minimum engine capacities for vehicles which are utilized for the provision of said services, vehicle quotas, roadworthiness inspections and requirements for digital dashboards. This edition of ILD will elaborate upon the key provisions which are addressed throughout the 72 Articles which have been incorporated into Regulation 26/2017, specifically the inclusion of various categories and criteria for each type of non-fixed-route, public-transportation service and their vehicles, as well as the licensing requirements and procedures which have to be met by the organizers of said services. A number of other provisions which have to be met by online transportation application providers are also addressed by the regulation, as are sanctions for any violations relating to the organization of non-fixed-route transportation services.
P2P Lending: The New Banking Alternative
A wave of innovation took hold of the financial sector in the wake of the global financial crisis of 2008-2009 when previously time-consuming, lengthy and rigid banking procedures made way for more inventive lending and borrowing options. The result was the rise of so-called peer-to-peer (“P2P”) lending, which offered simplified and expedited procedures, speedy lending decisions and better interest-rate deals for borrowers, as well as lenders. In a bid to shed a little light on P2P lending, this week’s edition of Indonesian Law Digest (ILD) will analyze and address several of the key areas which relate to this field, including a general outline of P2P lending and P2P lending within Indonesia.
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