Blog Category: Pembaruan Hukum

Constitutional Court: Employment Terminations in Indonesia Require Court Decision

Indonesia’s Constitutional Court has issued a game-changing decision amending provisions of the Manpower Law. Due to the changes resulting from the Constitutional Court decision, under Article 151 paragraph 4 of the Manpower Law, employment termination requires a court decision that is legally binding. Further, it can be interpreted that under Article 157A paragraph 3 of Constitutional Court: Employment Terminations in Indonesia Require Court Decision

Stricter Measures Ahead: Analyzing New Amendment to Indonesia’s Immigration Law

The third amendment to Indonesia’s Immigration Law (Law No. 6 of 2011 regarding Immigration) was passed on 19 September 2024, introducing significant changes to how immigration laws are enforced, with a notably significant impact on foreign nationals. We look at seven key amendments in Law No. 63 of 2024 regarding the Third Amendment to Law Stricter Measures Ahead: Analyzing New Amendment to Indonesia’s Immigration Law

Director General of Sea Transportation Reaffirms Vessel Registration Requirements for Joint Venture Shipping Companies in Indonesia

The Director General of Sea Transportation (“DGST”) of the Indonesian Ministry of Transportation has reaffirmed the ship registration requirements for joint venture shipping companies with foreign ownership by virtue of the issuance of Circular Letter No. SE–DJPL 31 of 2024 dated August 19, 2024, regarding Supervision of the Implementation of Ship Registration Activities and Licensing Director General of Sea Transportation Reaffirms Vessel Registration Requirements for Joint Venture Shipping Companies in Indonesia

Private Investment in Indonesia’s Midstream/Downstream Oil & Gas Industry

Indonesia’s Oil and Gas Law (Law No. 22 of 2021 regarding Oil and Gas, as last amended by Law No. 6 of 2023 regarding the Stipulation of Government Regulation in lieu of Law No. 2 of 2022 regarding Job Creation) liberalized the downstream market and effectively ended Pertamina’s monopoly on the sector. Private entities can Private Investment in Indonesia’s Midstream/Downstream Oil & Gas Industry

New Rules for Franchising in Indonesia: What You Need to Know About Government Regulation No. 35 of 2024

The Indonesian government has introduced Government Regulation No. 35 of 2024 regarding Franchises (“GR 35/2024”), which came into force on September 2, 2024, and replaces the previous regulation on franchises in Indonesia, Government Regulation No. 42 of 2007 (“GR 42/2007”). This new regulation is a significant update to the regulatory framework for franchising businesses and New Rules for Franchising in Indonesia: What You Need to Know About Government Regulation No. 35 of 2024

Ship Arrests in Indonesia

Indonesia is a signatory to the 1999 International Convention on Arrest of Ships, but has not ratified the convention into law, so it is not yet enforceable in Indonesia. Nevertheless, ship arrests are regulated by Law No. 17 of 2008 regarding Shipping, as amended by Law No. 6 of 2023 regarding the Stipulation of Government Ship Arrests in Indonesia

Fintech Licensing Requirements in Indonesia

In general, all parties that conduct business activities in Indonesia are subject to licensing and registration requirements under the authority of the Ministry of Investment / Indonesian Investment Coordinating Board. For businesses in the financial sector, there are additional specific licensing requirements under the authority of Indonesia’s central bank, Bank Indonesia (BI), and the Financial Fintech Licensing Requirements in Indonesia

Indonesian Health Ministry Enforces Stricter Supervision of Good Distribution Practices for Medical Devices

To strengthen the supervision of medical devices distributed in Indonesia and to ensure that medical devices that have received a Marketing Authorization (Izin Edar) meet the safety, efficacy, and quality requirements, the Ministry of Health (“MOH”) has committed to stricter enforcement of Good Distribution Practices for Medical Devices (Cara Distribusi Alat Kesehatan yang Baik or Indonesian Health Ministry Enforces Stricter Supervision of Good Distribution Practices for Medical Devices