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.
New Procedure for the Registration of Trademarks
Following the newly enacted Law No. 20 of 2016 on Trademarks and Geographical Indications, the Ministry of Law and Human Rights has expeditiously issued Regulation No. 67 of 2016 on Trademark Registrations in order to create greater certainty regarding the various requirements and procedures involved in the registration of trademarks and collective trademarks, the extension of their protection periods, the amendment to holders’ names and addresses, their transfer, as well as other relevant aspects, including the classification of goods and/or services, the basis for rejection, and official quotations for trademark certificates.
2017 Minimum Wage for the Industrial Sector in Jakarta
Through the issuance of Regulation No. 20 of 2017, the Governor of the Jakarta Special Capital City Region has determined the 2017 minimum wages for certain industrial sectors in Jakarta, specifically: (1) Chemicals, energy, and mining; (2) Metal work, electronics and machinery; (3) Pharmaceuticals and health services. In spite of the higher statutory minimum wages set under the new regulation, fewer industrial sectors (from a previous total of 11 down to only three sectors) and subsectors are covered in comparison with the 2016 minimum-wage framework.
Govt. Redefines Provisions on Donation Amounts and Mandatory Premiums for Public-Transportation Passengers Involved in Accidents
The Ministry of Finance has issued Regulation No. 15/PMK.010/2017 on Donation Amounts and Mandatory Premiums for the Mandatory Insurance Fund for Accidents Involving Passengers of Road, River/Lake, Ferry, Sea and Air Public-Transportation Vehicles in order to redefine provisions relating to donations which are made to the victims of transportation accidents, as well as the mandatory premiums that passengers are required to pay. These areas were previously regulated under Ministry Regulation No. 37/PMK.010/2008, which bore the same title.
Provisions on Company Registration Simplified
In a bid to ease the burdens placed upon businesses during the day-to-day running of their activities, the Ministry of Trade has issued Regulation No. 8/M-DAG/PER/2/2017 as a second amendment to Ministry Regulation No. 37/M-DAG/PER/9/2007 on the Organization of Company Registration. Through the issuance of this regulation, the Ministry has now simplified procedures for the re-registration of Certificates of Company Registration (TDP), as well as revoked the various administrative fees which were once imposed upon businesses when they re-registered their TDPs.
Ministry of Trade Repeals Mandatory SIUP Re-Registration Process for Trade Businesses
In a bid to ease the operations of trade businesses as they carry out their day-to-day activities, the Ministry of Trade has now repealed the obligation for such businesses to re-register their business trade licenses through the issuance of Regulation No. 7/M-DAG/PER/2/2017 on the Third Amendment to Ministry of Trade Regulation No. 36/M-DAG/PER/9/2007 on the Issuance of Business Trade Licenses.
Disclosure Requirements for the Carriage of Cash Funds or Other Payment Instruments into or out of Indonesia
In pursuit of its overall goal of combating money laundering and monitoring the transfer of illicit funds, the Government has enacted Government Regulation No. 99 of 2016 on the Carriage of Cash and Other Instruments of Payment into or out of Indonesian Territory (“Regulation”). This Regulation is an implementation of Article 36 of Law No. 8 of 2010 on the Prevention and Deterrence of Money-Laundering Crime and sets out details covering disclosure requirements for the carriage of funds up to or in excess of IDR 100 million, either to or from Indonesian territory, as well as the penalties for non-compliance