Indonesian Law Digest

Public-Private Partnerships: An Alternative Financing Scheme for Better Indonesian Infrastructure (Part II)
This edition of Indonesian Law Digest (ILD) follows up on last week’s ILD publication No. 485, which featured a discussion of several issues surrounding the Public-Private Partnership (“PPP”) concept, including matters pertaining to the general exposition of PPP, the implementation of PPP as initiated by government institutions, the appointment of business entities, the whole land-procurement process and the investment-return scheme.
Public-Private Partnerships: An Alternative Financing Scheme for Better Indonesian Infrastructure (Part I)
The government of Indonesia finds itself under a number of financial constraints amid persistent calls that the country invests adequately in its infrastructure. However, the private sector has at the same time also been taking another look at its options, as investing in Indonesian infrastructure has now become a riskier and more expensive proposition. As a result, the government will have to work hard in order to regain investors’ trust in the Indonesian economy. Therefore, as an alternative approach to filling the sizeable gap that still remains as regards budget allocations for infrastructure development, itself a result of the government's limited resources, the government has decided to implement a Public Private Partnership (“PPP”) approach. This week’s edition of ILD is the first of two which will focus upon matters relating to Public-Private Partnership schemes within Indonesia. This week, we offer part one of this two-parter, which sets out a general exposition of PPP and also looks at the implementation of PPP schemes by government institutions. Part one also addresses the appointment of business entities, the whole process of land procurement and returns on investments.
Draft Bill on Antitrust Law: Taking It to the Next Level
Since 2010, a discourse on the revision of Law No. 5 of 1999 on the Prohibition of Monopolistic and Unfair Business Practices has on the table but has still not been brought to any concrete realization. The closest that this discourse has ever got to being realized was through a listing under the national legislation program (Prolegnas) between 2014 and 2016, and it has been predicted that this Draft Bill will also be listed once again under the upcoming 2017 Prolegnas, as the 2016 program is about to be wound up. With this in mind, this edition of Indonesian Law Digest will aim to offer a comprehensive discussion of the latest Draft Bill on the Prohibition of Monopolistic and Unfair Business Practices, a bill which has been drawing a significant amount of public attention over the course of the past couple of months. By comparing the Draft Bill to the current legal framework set out under the Antitrust Law, the discussions in this edition of ILD will address a number of topics, including: the parties that will be subject to the provisions, prohibited agreements and activities, the misuse of dominant positions, procedures for the settling of cases, sanctions and exemptions to the application of the Draft Bill.
SIAC Rules 2016: New Innovations and Challenges
In a bid to improve the efficiency of the various services that it offers, the SIAC officially launched the new SIAC Rules 2016 on 1 August 2016. These rules represent the first amendment which has been made to the center’s regulations since the SIAC Rules 2013 were introduced. The SIAC Rules 2016 establish a number of new and novel provisions, and these address the areas of multiple contracts and consolidation, the joinder of additional parties, and also the early dismissal of any claims and defenses which have been influenced by the International Centre for the Settlement of Investment Disputes (“ICSID”) Arbitration Rules.
FINTECH: EMBRACING THE FUTURE OF THE FINANCIAL INDUSTRY
Digital innovation within the financial realm is transforming the way that customers and consumers access financial products and services. The fusion between technology and financial services has created a golden opportunity for technologically focused startups and technology companies to enter a financial industry which has traditionally been dominated by regulated financial entities such as banks, insurance companies and the like. This phenomenon is commonly referred to as Fintech and in Indonesia, the relevant authorities, namely BI and the OJK, have now begun to react to this development and are aiming to specifically accommodate the Indonesian Fintech industry under their regulatory umbrellas. This week’s ILD will directly address the Fintech industry from a global perspective and also examine how Indonesia in particular is responding to this rapidly growing phenomenon.
Recently Granted Judicial Reviews of the Employment Law
This edition of ILD, however, will focus upon three decisions which have proved important during the recent development and evolution of the Employment Law.
Bill on the Amendment to the ITE Law: A Lukewarm Attempt at Amelioration
Realizing this persistent lack of legal protection in cyberspace, on 27 October 2016, the House of Representatives offered a response by passing the Bill on the Amendment to the ITE Law. This week’s edition of Indonesian Law Digest (ILD) will analyze the salient features of the Bill.
SPVs IN A NUTSHELL
A short while ago, the Panama Papers scandal was hitting headlines the world over. Millions of files being held by the offshore law firm Mossack Fonseca were leaked, including a wealth of information relating to how SPVs (Special Purpose Vehicles) have been misused for illegal purposes such as money laundering and tax evasion. Moreover, the huge mine of data listed in the leaked files contained the names of over 800 Indonesian parties. This week’s ILD will discuss the issue of SPVs from a global perspective and examine how these vehicles are currently regulated in Indonesia.
Bill on Trademarks and Geographical Indications
In order to replace the nearly two-decade old Law No. 15 of 2001 on Trademarks (“Trademark Law”), the House finally passed the Bill on Trademarks and Geographical Indications (“Bill”) on 27 October 2016. In essence, the Bill aims to ensure healthy business competition, to protect consumers as well as medium-, small-, and micro-scale enterprises, and also to facilitate improvement within the industrial, trading and investment sectors through the revision of various obsolete provisions which were originally set out under the old Trademark Law. This week’s ILD offers analysis of the general framework of the Bill, as well as registration and cancellation procedures for both trademarks and geographical indications. We will also be taking a look at procedures for the transfer of trademark rights. This revision has been deemed necessary in the context of the recent inauguration of the ASEAN Economic Community, which is pushing for greater market liberalization and integration across the region.
Visitor Visas and Limited-Stay Visas for Foreign Citizens in Indonesia
In this era of globalization, immigration represents a huge opportunity but also a multi-dimensional threat to Indonesia. In order to ensure that foreign citizens can enjoy legal certainty whenever they visit Indonesia, the country’s government has issued a number of regulations which relate to immigration issues. Most recently, the Ministry of Law and Human Rights issued Regulation No. 24 of 2016 on Technical Procedures for the Requesting and Issuance of Visitor Visas and Limited-Stay Visas. This edition of ILD will be focusing on things that all foreign citizens should know as regards the securing of these two kinds of visa.
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