In addition to the Indonesian Constitution, the principal law that regulates the mining industry is Law 4/2009 on Coal and Mineral Mining (Law 4/2009), the amendment of which, under the draft Amendment to Law 4/2009 (the Mining Law Amendment), was recently ratified by the House of Representatives. The Ministry of Energy and Mineral Resources (MEMR) … Mining in Indonesia – Principal Laws and Regulatory Bodies
Foreign entities often structure acquisitions of Indonesian entities so they can rely on Indonesia’s double tax treaties with, among others, Singapore, Hong Kong or the Netherlands, as governed under Directorate General of Taxation Regulation No. Per-25/PJ/2018 regarding Avoidance of Double Taxation. Further, to encourage investment, Ministry of Finance Regulation No. 258/PMK.03/2008 regarding Article 26 Withholding … Private Equity in Indonesia – Incentive Schemes
Law No. 17 of 2008 regarding Shipping (the “Shipping Law”) provides that a vessel may be arrested by the harbormaster at the relevant port, based on a written court order that is issued if the vessel is involved in a criminal or civil case. The Shipping Law further provides that a court order for a … Indonesian Shipping Law – Arrest and Security
Under Indonesia’s tax regulations, there are domestic taxpayers and foreign taxpayers. Foreign individuals who reside or are present in Indonesia for more than 183 days in a 12-month period or who are present in Indonesia and have the intention to live in Indonesia are deemed domestic taxpayers. The 12-month period is based on the current … Investing in Indonesia – Tax
By Budi Widuro With COVID-19 infections not slowing in the country, the Government of Indonesia (\"GOI‚Äù) has continued to issue regulations aimed at fighting the pandemic and the economic downturn it has caused. One of the most recent policies from the GOI is the relaxation of mandatory contributions by employers to manpower social security programs. … Indonesia Relaxes Mandatory Employer Contributions to Manpower Social Security Programs Amid COVID-19
By Rusmaini Lenggogeni Issues regarding corporate governance in Indonesia revolve around the implementation of corporate governance in the regulations and the execution thereto. Compared to other countries, corporate governance in Indonesia is still developing, particularly for those businesses not covered by specific corporate governance regulations. However, with the regulations passed by the Financial Services Authority … Corporate Governance in Indonesia – Current Issues and Developments
A new regulation has introduced significant changes to the implementation of Indonesia\’s Construction Services Law, which will affect business actors in the country’s construction sector. The new regulation, Government Regulation Number 22 of 2020 (“GR 22“) regarding Implementing Regulations of Law Number 2 of 2017 regarding Construction Services (January 12, 2017) (the “Construction Services Law“), … New Look for Indonesia’s Construction Services Development Agency
The most common option for an overseas company establishing a presence in Indonesia is to set up a limited liability company with foreign ownership (PT PMA). The first step in establishing a PT PMA is to determine whether the PT PMA can be wholly owned or only partially owned by foreign shareholders. This involves consulting … Establishing a Business in Indonesia – PT PMA
Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions (the ITE Law) is applicable to any individual who carries out a certain legal action (as specified in the ITE Law) within or outside the Indonesian jurisdiction. In the event of a dispute, the Indonesian courts shall … E-commerce in Indonesia – Legal and Regulatory Framework
The mining industry in Indonesia is regulated by way of mining laws. The main regulation is Law 4/2009 on Coal and Mineral Mining (Law 4/2009), which is further implemented by various regulations and decrees issued by: the central government; the Ministry of Energy and Mineral Resources (MEMR); and regional governments at the provincial and … Mining in Indonesia – Legal and Regulatory Structure
