Indonesian Legal Brief

New Provisions on BPHTB Facilities in Jakarta
The Governor of the Special Capital Region of Jakarta has issued Regulation No. 126 of 2017 on the 0% (Zero Percent) Imposition of Acquisition of Land-and-Building-Rights Duty Fees Due to Sale-and-Purchase Activities for First-Time Land-Rights Entitlements with Tax-Object Acquisition Values of up to IDR 2,000,000,000.00 (Two Billion Rupiah), which will serve as a set of guidelines through which individual taxpayers will be able to obtain a facility which covers the 0 % Imposition of acquisition of land-and-building-rights duty fees
Technical Guidelines Relating to Registration, Business Licensing and Organizational Structure for Pawnbroker Companies
As an implementation of Article 9 (9) and Article 12 (2) of Financial Services Authority Regulation No. 31/POJK.05/2016 on Pawnbroker Businesses, the OJK has issued Circular No. 51/SEOJK.05/2017 on Registration, Business Licensing and Organizational Structure for Pawnbroker Companies.
Provisions on the Certification of Horticultural Seeds Redefined
The Ministry of Agriculture has issued Regulation No. 34/Permentan/HR.060/9/2017 on the Second Amendment to Ministry of Agriculture Regulation No. 48/Permentan/SR.120/8/2012 on the Production, Certification and Distribution Supervision of Horticultural Seeds. Regulation 48/2012 was previously amended once through the issuance of Ministry Regulation No. 116/Permentan/SR.120/11/2013.
Organization of Cashless Transactions on Toll Roads
In order to fall into line with the Cashless Society Movement launched by Bank Indonesia, as well as to mitigate the ongoing problem of congestion around the nation’s toll gates, the Ministry of Public Works and Public Housing issued Regulation No. 16/PRT/M/2017 on Non-Cash Toll Transactions on Toll Roads, which will serve as a set of guidelines for the organization of cashless transactions on toll roads.
Technical Procedures for the Issuance of Sharia-Deposit Certificates
SDCs are savings in the form of deposits which are issued based on sharia principles through the implementation of mudharabah mutlaqah or mudharabah muqayyadah agreements. SDCs can be transferred prior to their maturity date through the use of sales-purchase agreements (ba’i), inheritance or grants. In addition, SDCs may also be traded through the secondary market through the use of repurchase agreements (repo) which are based on sharia principles.
Supreme Court Puts an End to Water Privatization in DKI Jakarta
The Supreme Court has rendered Decision No. 31 K/Pdt/2017, which settles the citizens’ lawsuit filed by 12 Indonesian citizens, who were being represented by the Rights-over-Water Advocacy Team acting as the claimant. The lawsuit was filed against the government (i.e., the President, Vice President, Ministry of Public Works and Ministry of Finance) and two private companies responsible for the management of the provision of water in the Special Capital Region of Jakarta (i.e., PT Aetra Air Jakarta and PT PAM Lyonnaise Jaya)
Government Simplifies Business Licensing in Special Economic Zones, Free-Trade Areas, Free Ports, Industrial Zones and Nationally Strategic Tourism Areas
As part of its 16th Economic Policy Package to date, the Government has issued Presidential Regulation No. 91 of 2017 on the Acceleration of Business Operations, with the ultimate aim of reorganizing the current business licensing regime, as well as accelerating business operations within special economic zones, free-trade areas, industrial areas and tourism areas.
Income Tax Borne by the Government for Certain Incomes for the 2017 Budgetary Year
As an implementation of Article 4 (3b) of Law No. 18 of 2016 on the State Budget for the 2017 Budgetary Year, as amended by Law No. 8 of 2017, the Ministry of Finance has issued Regulation No. 126/PMK.010/2017 on Government-Borne Income Tax on Interest or Rewards of State Commercial Papers which are Issued through the International Market, and Third-Party Income on Services which are Provided to the Government for the Issuance and/or Repurchase/Exchange of State Commercial Papers through the International Market for the 2017 Budgetary Year
Govt. Reregulates Four or More Wheeled Motor-Vehicle Industry
In a bid to improve the investment climate, as well as to develop an independent four or more wheeled motor-vehicle industry which will be capable of competing within the global marketplace, the Ministry of Industry has issued Regulation No. 34/M-IND/PER/9/2017 on Four or More Wheeled Motor-Vehicle Industry.
OJK Addresses Technical Provisions for the Implementation of Anti-Money-Laundering and Prevention-of-Terrorism-Financing Programs Within the Capital-Market Sector
As a follow-up to the mandatory implementation of anti-money-laundering and prevention-of-terrorism-financing measures within the financial sector, as regulated under Article 68 of Financial Services Authority Regulation No. 12/POJK.01/2017 on the Implementation of Anti-Money-Laundering and Prevention-of-Terrorism-Financing Programs Within the Financial Sector, the OJK has issued Circular No. 47/SEOJK.04/2017 on the Implementation of Anti-Money-Laundering and Prevention-of-Terrorism-Financing Programs Within the Capital-Market Sector.
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