Mass Organizations Reregulated
Regardless of the controversy that currently rages regarding the issue of mass organizations in Indonesia, the government has nevertheless decided to press on and issue Government Regulation in Lieu of Law No. 2 of 2017 on the Amendment to Law No. 17 of 2013 on Mass Organizations in order to further regulates mass organizations operating within Indonesia. Perppu 2/2017 specifically sets out the following provisions: (1) Reclassifies prohibited acts; (2) Eliminates the requirement to obtain a court decision in order to dissolve mass organizations; and (3) Adds immigration sanctions for mass organizations which are established by foreigners.
OJK Regulates Information Disclosure for Issuers and Public Companies Required to Declare Bankruptcy
The OJK has finally issued Regulation No. 26/POJK.04/2017 of 2017 on Bankruptcy Information Disclosure for Issuers and Public Companies. This new regulation replaces BAPEPAM-LK Regulation No. Kep-46/PM/1998 which addressed the same matters (Regulation X.K.5). Essentially, the new regulation does not significantly alter the provisions which were originally set out under Regulation X.K.5, however it does add a new list of administrative sanctions for non-compliance.
Provisions on PBB Deductions Simplified
Indonesia’s Ministry of Finance recently made a breakthrough in terms of simplifying the country’s land-and-building tax framework. With the goal of simplifying procedures for the securing of land-and-building tax deductions, the Ministry of Finance has issued Regulation No. 82/PMK.03/2017 on the Granting of Land-and-Building Tax Deductions. This new regulation essentially redefines matters pertaining to the requirements which have to be met, as well as to the submission of applications for the securing of the PBB deduction facility.
New Procedures for the Utilization of Services Offered by Public Accountants and Public Accountants’ Offices by Financial Institutions
Following the issuance of Financial Service Authority (“OJK”) Regulation No. 13/POJK.03/2017 on the Utilization of Services Offered by Public Accountants and Public Accountants’ Offices During Financial Service Activities, the OJK has now finally issued Financial Services Authority Circular Letter No. 36/SEOJK.03/2017 on Procedures for the Utilization of Services Offered by Public Accountants and Public Accountants’ Offices During Financial-Service Activities. In essence, this circular sets out a number of technical guidelines to be observed by financial institutions during the utilization of annual-financial-auditing services offered by accountants and/or public accounting firms.
Govt. to Revise the Implementation of Nationally Strategic Projects
The government has issued Presidential Regulation No. 58 of 2017 on the Amendment to Presidential Regulation No. 3 of 2016 on the Acceleration of the Implementation of Nationally Strategic Projects with the ultimate goal in mind of improving the implementation of said projects. In a nutshell, this regulation amends several provisions which address the following matters: 1) Project funding; 2) Land procurement; 3) Utilization of domestic resources; 4) Monitoring and evaluation; and 5) List of Projects.
Registration and Notification of Hazardous and Toxic Substances
The Ministry of Environment and Forestry (“Ministry”) has issued Regulation No. P.36/MENLHK/SETJEN/KUM.1/6/2017 on Registration and Notification Procedures for Hazardous and Toxic Substances. In essence, this Regulation sets out a number of provisions relating to registration and notification for hazardous and toxic substances, an area which was previously regulated under Ministry Regulation No. 2 of 2010 on the Utilization of Electronic Registration Systems for Hazardous and Toxic Substances under the Framework of the Indonesian National Single Window at the Ministry of the Environment.
House Passes Bill on Architects
The House of Representatives has finally passed the Bill on Architects, with the objective of extending legal protection not only to architects but also to their clients. The Bill consists of 45 articles which cover the following matters: scope of architect’s services, registrations and licenses, foreign architects, the rights and obligations of architects, the rights and obligations of architects’ service users, professional architects’ organizations, architects’ development and administrative sanctions.
Provisions on Flight Routes Redefined
In a bid to improve the investment climate within Indonesia's air-transportation sector, the Ministry of Transportation has issued Regulation No. PM 45 of 2017, which amends Ministry Regulation No. KM 25 of 2008 on the Organization of Air Transportation. In essence, the Tenth Amendment redefines several provisions which address the following matters: 1) Flight-route permits; and 2) Flight routes operated by scheduled commercial-airline companies.
Working Areas for the Indirect Utilization of Geothermal Energy Further Regulated
With the aim of setting out further provisions on working areas for the indirect utilization of geothermal energy, the government has issued Regulation No. 37 of 2017, which encompasses the following matters: 1) Planning, preparation and establishment of working areas; (2) Additions of data to working areas; (3) Changes, cancellations and unifications in relation to working areas; and (4) Reinstatement of working areas.
BI Regulates National Payment Gateway
In a bid to create a more efficient, reliable and secure domestic payment system, as well as to facilitate the public need for non-cash transactions, Bank Indonesia has finally issued Regulation No. 19/8/PBI/2017 on the National Payment Gateway. This regulation basically sets out several important provisions regarding the organization of the National Payment Gateway (NPG), including: 1) Scope of the NPG; 2) Parties within the NPG; 3) Implementation of the NPG; 4) Mandatory Reporting; 5) The role of Bank Indonesia; and 6) Sanctions.