Indonesian Legal Brief

Draft Immigration Law - Pro-Investment & Pro-Family
The Department of Law and Human Rights (DLHR) has recently forwarded a Draft Bill on Immigration to the President for review. It is expected that the President will forward this Draft to the House of Representatives (DPR) for debate and enactment. The Bill is listed on the National Legislative Program for 2005. The basic premise for the renewal of the current Immigration Law (Law No. 9 of 1992) is to codify a number of critical areas overlooked in the current law. Furthermore, it is to ensure the thorough protection of the interests of the State as well as to provide greater legal certainty and a greater appreciation of human rights. The deficiencies in the current law are such that simple amendments were unlikely to be effective hence a draft of a complete law.
Absorption Wells - Water Conservation and Flood Control for Jakarta
The Government of Jakarta has issued a Regulation on the Building of Absorptions Wells (Regulation) to replace an earlier Governor of Jakarta Decision deemed to be out-of-date and no longer effective. The primary purpose of this Regulation is to provide a ground water network that is independent of the waste water network thereby establishing an alternative water source during the dry season. It is expected that the establishment of an absorption well system will also play a significant role in reducing flooding throughout Jakarta.
No Smoking Zones - Jakarta
The Governor of Jakarta has issued a Regulation setting-out provisions governing no smoking zones and areas. This Regulation follows-on from Regional Regulation No. 2 of 2005 on Air Pollution Control, specifically Articles 13 and 24. The basic premise of this Regulation is the same as the earlier Regional Regulation; namely, to reduce the negative effects that arise from addiction to cigarettes for smokers and non-smokers alike.
Supreme Court Regulation - Objections to KPPU Decisions
The Supreme Court (MA) has recently issued a Regulation on the Procedures for the Submission of Objections to KPPU Decisions. This Regulation has been issued because an earlier MA Regulation, No. 1 of 2003, did not specifically cater for the possibility of consolidating cases where there are multiple parties across multiple juridictions seeking to object to the decisions of the Commission for the Supervision of Business Competition (KPPU) through legal means.
Expropriation of Land - Compensation Guidelines - Jakarta
The Government of Jakarta has issued Governor of Jakarta Regulation No. 83 of 2005 on the Guidelines to Determine Compensation in the Framework of the Expropriation of Land in the Public Interest in Jakarta (the “Regulation”) to ensure that the mechanisms for determining compensation are in compliance with those contained in Presidential Regulation No. 36 of 2005 on the Expropriation of Land (the “Expropriation Regulation”).
Expropriation of Land Committee for Jakarta Established
The Government of Jakarta has issued Governor of Jakarta Decision No. 1222 of 2005 on the Committee for the Expropriation of Land in the Public Interest in Jakarta (the “Decision”) to address the perceived deficiencies in the current Committee post Presidential Regulation 36 of 2005 on the Expropriation of Land in the Public Interest.
Energy Efficiency and Saving Measures in Jakarta - A Regional Response
The Government of Jakarta has issued a Governorial Instruction and a Circular relating to measures that are to be implemented with regard to the more efficient use of energy. Both, the Instruction and the Circular have been issued pursuant to the recently issued Presidential Instruction on Energy Efficiency (see ILB of 12 July 2005 and ILB of 13 July 2005).
Broadcasting Restrictions - In the National Interest
The Minister for Communication and Information has recently issued a Regulation that stipulates all broadcasters are to cease broadcasting between the hours of 1:00am and 5:00am as a means of conserving energy in the national interest. There are exceptions for religious programming during the month of Ramadhan and for the broadcast of live sporting events that are subject to contracts signed prior to the enactment of this Regulation. This is a Regulation that few were expecting to be issued by the Minister as there are serious concerns as to whether the Minister has in fact exceeded his authority with respect to this matter.
Saving Energy - Government Leading the Way
Presidential Instruction No. 10 of 2005 on Energy Efficiency (the “Instruction”) stipulates that government institutions must be pro- active in ensuring the most efficient use of energy supplies in the performance of their daily activities.
International Convention on Maritime Liens and Mortgages
The Government has ratified and enacted into domestic legislation the International Convention on Maritime Liens and Mortgages as Presidential Regulation No. 44 of 2005 (the “Regulation”). The Convention itself dates from 6 May 1993 however its ratification and enactment by the Indonesian Government is of critical importance at the national level, particularly for an archipelagic nation such as Indonesia. The Regulation follows-on from an earlier Presidential Instruction, No. 5 of 2005, on the Shipping Industry.
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