New Regulation on Ease-of-Access Requirement for Buildings
The Ministry of Public Works and Public Housings has issued Regulation No. 14/PRT/M/2017 on Ease-of-Access Requirements for Buildings (“Regulation 14/2017”), which will serve as a set of guidelines for building organizers as they look to ensure that their buildings and their surrounding environments are accessible by all parties in a safe and comfortable way.
Draft Presidential Regulation on the Implementation of Patents by Patent Holders
The government is currently deliberating the Draft Presidential Regulation on the Implementation of Patents by Patent Holders, which essentially requires patent holders to produce products or utilize the relevant patented process within Indonesia. However, in the event that patent holders are not yet ready to implement patents within Indonesia, then they are allowed to apply for a patent implementation postponement from the Ministry of Law and Human Rights.
Supreme Court Partially Annuls Regulation Regarding Application-Based Transportation Services
The Supreme Court has rendered Decision No. 37 P/HUM/2017 on the Petition for Judicial Review of Ministry of Transportation Regulation No. PM 26 of 2017 on the Organization of Non-Fixed-Route Public-Transportation Services. The recently rendered MA Decision annuls seven legal issues initially addressed under Regulation 26/2017 due to their conflicting with both the UMKM Law and Road Transportation Law.
Procedures for Land Freezes and Land Seizures
The Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has now codified provisions which relate to the recording of land freezes and land seizures into a single regulation, specifically Regulation No. 13 of 2017 on Procedures for Land Freezes and Land Seizures. The regulation sets out provisions which address the requirements and procedures which have to be met when attempting to invoke land freezes and land seizures.
Hospital Accreditation Reregulated
In order to implement Article 40 (4) of Law No. 44 of 2009 on Hospitals, as well as to improve the quality of hospital services, the Ministry of Health has issued Regulation No. 34 of 2017 on Hospital Accreditation. This new regulation repeals and replaces the now obsolete Ministry Regulation No. 12 of 2012 on the same matters and updates several provisions which pertain to the following areas: 1) Hospital accreditation; 2) The accreditation process; 3) Supervision; and 4) Transitional provisions.
Income Tax for Dividends Acquired from Foreign-Controlled Companies Modernized
The Ministry of Finance has issued Regulation No. 107/PMK.03/2017 on the Determination of the Moment of Acquisition of Dividends and the Basis for Their Calculation by Domestic Taxpayers for Capital Participation in Overseas Companies, in order to ensure greater legal certainty for domestic taxpayers who invest in foreign-controlled, non-listed companies. This regulation addresses several provisions which pertain to the following matters: 1) Criteria for non-listed foreign companies; 2) Deemed dividends; 3) Foreign tax credits; 4) Pass-through entities; and 5) Dividends from multiple countries.
Provisions and Mechanism for Determinations of the Right to Cultivate
The Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has issued Regulation No. 7 of 2017 on Provisions and Procedures for the Determination of the Right to Cultivate, with the aim of providing a comprehensive set of guidelines for determining this right. This area was previously addressed under a number of separate regulations. Due to the broad scope of this new regulation, this edition of Indonesian Legal Brief will limit its discussion to the following matters: 1) Land status for HGU; and 2) Procedures for securing HGU.
Mechanism for the Utilization of SNI Marks and SNI-Based Conformity Marks
The Head of the National Standardization Agency has issued Regulation No. 2 of 2017 on Procedures for the Use of SNI Marks and SNI-Based Conformity Marks, which serves as an implementation of Article 47 of Law No. 20 of 2014 on Standardization and Conformity Assessment. In essence, this new regulation will addresses the following matters: 1) Referential Requirements for SNI Marks; 2) Approval for the Use of SNI Marks; 3) Procedures for Securing PPT SNI; 4) Affixation of SNI Marks; and 5) SNI-Based Conformity Marks.
OJK Regulates Buybacks of Shares Issued by Public Companies
The Financial Services Authority has issued Regulation No. 30/POJK.04/2017 on Buybacks of Shares Issued by Public Companies. This new regulation repeals and replaces BAPEPAM – LK Regulation No. KEP – 105/BL/2010 on Buybacks of Shares Issued by Issuers or Public Companies (Regulation XI.B.2). In essence, this new regulation makes a number of minor alterations to the provisions which were originally set out under Regulation XI.B.2. Moreover, this new Regulation also adds a new list of administrative sanctions for any acts of non-compliance.
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.