Procedures for the Imposition of Administrative Sanctions upon Notaries
In order to clarify matters pertaining to the imposition of administrative sanctions upon notaries, the Ministry of Law and Human Rights has issued Regulation No. 61 of 2016 on Procedures for the Imposition of Administrative Sanctions upon Notaries. This regulation essentially addresses two important matters, namely the types of administrative sanctions that may be imposed upon notaries, as well as the procedures involved in the imposition of said sanctions.
New Procedures for the Reporting of Testaments and for Applications for Testament Certificates via Electronic Means
In order to implement a more convenient registration process, the Ministry of Law and Human Rights has now set up an electronic system for the reporting of testament deeds and for applications for testament certificates through the issuance of Regulation No. 60 of 2016 on Procedures for the Reporting of Testaments and Applications for Testament Certificates via Electronic Means. Through this regulation, notaries are now obliged by the Ministry to create lists of the testament deeds which are drawn up before them within a month of their creation, as well as so-called “null lists” if no such testament deeds are drawn up. These lists should then be reported to the Testament Lists Center via the official website of the Directorate General of General Legal Administration at the Ministry, or by notaries who will be held liable for any legal consequences which are incurred as a result of any acts of non-compliance. Aside from the various procedures and requirements involved in the compliance with these obligations, the new regulation also sets out a number of guidelines which relate to requests for testament certificates, which allows interested parties to ascertain whether certain testament deeds have already been registered or not.
Provisions on the Requirements and Procedures for the Appointment, Transfer, Termination and Extension of Terms of Office for Notaries Amended
In a bid to improve the processes involved in the appointment, transfer, termination and extension of terms of office for notaries through the online application system, the Ministry of Law and Human Rights has issued Regulation No. 62 of 2016 on the Amendment to Ministry of Law and Human Rights Regulation No. 25 of 2014 on Requirements and Procedures for the Appointment, Transfer, Termination and Extension of Terms of Office for Notaries. This edition of ILB will address several matters, including the new supporting documents which are required during the notary appointment process, new procedures for the appointment of notaries, and the newly established AHU Online Application system.
Government Reduces Fees for Receivers and Administrators
As part of the government’s efforts to enhance the general ease of doing business within Indonesia, The Ministry of Law and Human Rights has issued Regulation No. 2 of 2017 on the Amendment to Ministry of Law and Human Rights Regulation No. 11 of 2016 on Guidelines for the Determination of Fees for Receivers and Administrators. This new regulation redefines fee amounts for any administrators and receivers who are responsible for the management of debtors’ assets during bankruptcies or during postponement-of-debt-payment trials.
OJK Amends Provisions on GMS for Publicly Traded Companies
In order to provide better protection for minority shareholders in publicly traded companies, the Financial Services Authority (OJK) recently issued Regulation No. 10/POJK.04/2017, which amends OJK Regulation No. 32/POJK.04/2014 on the Planning and Organization of General Meetings of Shareholders for Publicly Traded Companies by adding new provisions which address various topics which were not covered under the 2014 regulation, specifically: (1) General meetings of shareholders which address changes to share rights; and (2) The appointment and termination of public accountants who will be responsible for auditing the annual financial histories of publicly traded companies.
Notary Fees for the Establishment of Limited-Liability Companies by UMKMs
As an integral part of last year’s 12th economic-policy package, the government is currently focusing its energies upon enhancing the “ease-of-doing-business” ranking for the country’s small and medium-sized companies. One of the new measures introduced involves reducing the various costs required for the establishment of micro-, small- and medium-scale enterprises (UMKM). These matters have been addressed through the issuance of Ministry of Law and Human Rights Regulation No. 3 of 2017 on Legal-Service Fees for Notaries for the Establishment of Limited-Liability Companies by Micro-, Small- and Medium-Scale Enterprises. This new regulation sets out a number of uniform fees which can be imposed by notaries for the provision of certain legal services relating to the establishment of limited-liability companies by UMKMs.
Govt. Revokes Guidelines for the Stipulation of Nuisance Permits
In an attempt to foster greater ease of operations for businesses as regards the conducting of their day-to-day activities and to therefore attract more investment into Indonesia as a consequence, the Ministry of Interior Affairs has issued Regulation No. 19 of 2017 in order to revoke Ministry Regulation No. 27 of 2009 on Guidelines for the Stipulation of Regional Nuisance Permits, as well as Ministry Regulation No. 22 of 2016 as its amendment. Consequently, the organization of nuisance permits will now refer to the Hinder Ordonnantie, Law No. 28 of 2009 on Regional Tax and Retribution, as well as the existing regulations issued by regional governments in each region of the country until there is further confirmation from central government relating to this matter.
Guidelines for the Formulation of Mandatory Wage Structures and Scales for Businesses
The government has finally issued Ministry of Manpower Regulation No. 1 of 2017, which sets outguidelines for employers as regards the preparation of wage structures and scales.This regulation is an implementation of Article 14 (5) of Government Regulation No. 78 of 2015 on the Minimum Wage, which obliges all businesses to draft wage structures and scales for all of their employees.
New Regulation on Income-Tax Tariffs for Imports and Sales of Certain Goods
In a bid to redefine several provisions relating to the collection of income-tax payments for consignments of goods and import activities, as well as other business activities which were previously regulated under Ministry of Finance Regulation No. 154/PMK.03/2010 on the Payment of Article 22 Income Tax for Handover Goods and Other Activity Within the Import Sector and Within Other Sectors, the Ministry of Finance has issued Regulation No. 34/PMK.010/2017. The regulation addresses several matters, including eligible tax collectors, income-tax tariffs, income-tax tariff exemptions and income-tax tariff transfer procedures.
Application-Based Transportation Services Reregulated
In a bid to address the seemingly never-ending debates surrounding application-based transportation services, the Ministry of Transportation has finally revised Ministerial Regulation No. PM 32 of 2016 on the Organization of Non-Fixed-Route Public-Transportation Services through the issuance of Ministerial Regulation No. PM 26 of 2017, which bears the same title. The new regulation makes 11 essential revisions over its predecessor, which are expected to offer greater certainty for the public-transportation industry, including application-based transportation services.