Projects in Indonesia involving locally owned private construction service companies rarely refer to a particular contract model. Indonesian law does not require the use of a particular standard form of contract issued by a particular organisation.
The Indonesian Ministry of Manpower (“MOM”) has issued MOM Regulation Number 10 of 2018 on Procedures for the Utilization of Foreign Workers (“MOMR 10/2018″), which implements Government Regulation Number 20 of 2018 on the Utilization of Foreign Workers. MOMR 10/2018 revokes MOM Regulation Number 16 of 2015 and MOM Regulation Number 35 of 2015.
With regard to private and family life in Indonesia, Article 28(G) of the 1945 Constitution provides that every person has the right to: (i) Protection of their personal selves, families, respect, dignity and possessions under their control; and (ii) Security and protection from threat of fear for doing, or not doing, something which constitutes a human right.
We understand that the Foreign Corrupt Practices Act (the “FCPA”) permits facilitating payments to be made to foreign officials for routine governmental actions to expedite the performance of their duties. Such payments are generally considered as not being intended to influence the outcome of the official’s action or decision, but rather to expedite an action or decision that is already a given.
Under Law No. 13 of 2003 regarding Labor (the “Labor Law”) and other prevailing labor laws and regulations, employment-at-will and termination upon simple notice are not recognized in Indonesia. Employment terminations must follow the procedures under the Labor Law and Law No. 2 of 2004 regarding Industrial Relations Dispute Settlement (“Law No. 2″).