Indonesian Workers in Foreign Locales To Be or Not To Be, Educated
The Constitutional Court has recently handed down a decision regarding the judicial review of Article 35(d) of Law No. 39 of 2004 on the placement and protection of Indonesian workers overseas (the “TKI Law”). The decision includes two dissenting opinions from Justices Natabaya and Roestandi. Article 35(d) refers to the standard of education that a candidate worker must have obtained before they may be placed overseas pursuant to the TKI Law.
Draft Bill on Limited Liability Companies - A Chapter by Chapter Analysis - Capital and Shares
This is the third edition in the series of ILDs on the Draft Bill on Limited Liability Companies that will repeal and replace the current law, Law No. 1 of 1995 on Limited Liability Companies (the “Company Law”), and will analyze issues on capital and shares under the bill.
Draft Bill on Limited Liability Companies - A Chapter by Chapter Analysis - The Establishment of Companies
This is the second edition in the series of ILDs on the Draft Bill on Limited Liability Companies that will repeal and replace the current law, Law No. 1 of 1995 on Limited Liability Companies (the “Company Law”), and will analyze issues relating to the establishment of companies under the bill.
Amendment Bill on Labor - Work Relationships
This ILD is the second in our series examining and analyzing the proposed amendments to the Labor Law (Law No. 13 of 2003). The version of the Amendment Bill being used is the latest version from the Department of Labor and Transmigration (DoLT). The proposed amendments will have a significant impact on how the working relationship between employers and employees is formed and the length of time that the relationship is to exist.
Amended Labor Law - Pro-Business or Pro-Labor or Pro-Investment Foreign Labor Issues
This is a brief overview of the amendments included in the Draft amendments to the Labor Law that affect and effect foreign workers (TKA) in Indonesia.
Improvements in the Investment Climate - Lip Service or Real Change - A Policy Assessment
The Government has officially launched its Investment Climate Improvement Policy Package to both criticism and praise. Although launched it is expected that real changes will take real time but it is promising that the policy package sets out explicit time frames for completion.
Justice and Public Satisfaction in an Age of Legal Reform
The recent decision by the South Jakarta District Court in the case of 3 former Directors of Bank Mandiri (the Bank Mandiri case or the 'case') has brought into sharp focus where the emphasis is in this age of legal reform with regards to justice. The decision provides a valuable lesson for public prosecutors, the Attorney General, defense counsel, the Government, but most importantly the legislature and the general public.
Mutual Legal Assistance in Criminal Matters - No Safe Havens…
A watershed moment in Indonesian parliamentary legislative history, not really, but nevertheless the Bill on Mutual Legal Assistance in Criminal Matters is an important line in the sand that has been drawn by the House of Representatives (DPR). The passage of this bill means that there is no real or justifiable reason for the Indonesian government to avoid taking all and any measures necessary in the pursuit of alleged criminals, irrespective of whether the charge relates to terrorism, corruption, money laundering, or piracy.
Bill on Anti-Pornography and Porno-Action Government Regulated Morality
Pornography has been in the news lately with the intended launch of the Indonesian version of the world recognized Playboy magazine. Some of Indonesia's finest beauties have already graced the covers and centerfolds of this icon of men's magazines, albeit in foreign incarnations of the magazine. However, despite overrunning many of the headlines it has not been the only aspect of the bill to hit newsstands. Inul, one of Indonesia's more recognized faces because of her world-renowned 'ngebor' dancing style, has recently fronted the parliament to discuss the erotic and by association pornographic dancing motion. It would seem that even dancing is potentially a threat to the moral stability of the community and is in need of strict government regulation.
Bill on Limited Liability Companies - A Fundamental Change
It is clear from the prominence ascribed to the need for a new, and not just amended, limited liability company law is recognition by the Government that there are some fundamental shortcomings in the current law, Law No. 1 of 1995, and that it no longer adequately regulates the needs of the business and corporate community. Globalization looms large over the current bill as the Government attempts to come to terms with the ever-increasing interdependence of the global community and the ever-increasing need for Indonesia to remain globally competitive to not only survive but with a view to prospering on the world stage.