SSEK founding partner Dyah Soewito has been recognized for Energy and Natural Resources, Real Estate, and Shipping in Legal Media Group's Expert Guides 2016. Dyah was also selected for inclusion in Expert Guides: Guide to the World's Leading Women in Business Law 2016.
By Ira A. Eddymurthy and Awang Fahrizal
The Indonesian government recently issued Government Regulation No. 54 of 2016 regarding the Third Amendment to Government Regulation No. 29 of 2000 regarding the Implementation of Construction Services (Third Amendment).
The Third Amendment introduces additional provisions similar to those in the previous amendment, namely Government Regulation No. 79 of 2015 regarding the Second Amendment to Government Regulation No. 29 of 2000 regarding the Implementation of Construction Services (Second Amendment). This Second Amendment allowed state-owned enterprises (SOEs) to be directly appointed to Government construction projects without having to go through a public tender, limited tender or direct selection process. This provision on direct appointments applies to business activities that fall under construction consultation and supervision, construction implementation, and integrated construction services.
The newly issued Third Amendment introduces a provision that allows Regional-Owned Enterprises (ROEs) the same treatment as SOEs. This means ROEs can be directly appointed to national strategic projects by Regional Governments without having to go through a public tender, limited tender or direct selection process.
SSEK Legal Consultants has again been recognized as one of the leading corporate law firms in Indonesia in The Legal 500 Asia Pacific 2017 guide to the region's top law firms and lawyers.
Based on client feedback and the work of the firm's lawyers, SSEK earned the highest ranking in six practice areas:
Banking and Finance
Corporate and M&A
Restructuring and Insolvency
SSEK was recommended in five other practice areas:
SSEK Legal Consultants has been recognized as an Indonesian Firm of the Year in multiple practice areas in Asian-MENA Counsel's 10th annual survey of in-house counsel in Asia and the Middle East.
SSEK was recognized as 2016 Firm of the Year for Real Estate/Construction and Telecommunications, Media & Technology.
It received an honorable mention for Corporate and M&A.
Firm of the Year recognitions are based on feedback from corporate counsel on those law firms that had made a significant impression on them in the past year.
SSEK partner Ira A. Eddymurthy and senior associate Dewi Savitri Reni have contributed the Indonesia chapter to the publication International Secured Transactions.
The publication, organized by the Center for International Legal Studies and published with West Thomson Reuters,Â examines the UNCITRAL (United Nations Commission on International Trade Law) Draft Guide on Secured Transactions, which is designed to promote increased access to low-cost credit by encouraging the introduction of effective and efficient domestic-secured transactions laws around the world.
The book offers analysis of secured transactions law in more than 30 commercial jurisdictions.
Ira Eddymurthy and Dewi Reni survey Indonesian law on secured lending and compare Indonesian law with the terms of the UNCITRAL model law.
By Richard D. Emmerson and Indrawan D. Yuriutomo
There have been a couple of recent developments in Indonesia as regards monthly minimum wages that employers should take note of.
2017 Minimum Wage for Jakarta
First, the Governor of Jakarta has issued a new regulation on the minimum wage for 2017, Regulation No. 227 of 2016 dated October 27, 2016 regarding the Jakarta Provincial Minimum Wage for 2017 (Reg. 227). Beginning January 1, 2017, the minimum wage in Jakarta will be IDR 3,355,750 per month.
Under Reg. 227, companies in Jakarta are prohibited from paying workers less than IDR 3,355,750 per month. Companies can, however, seek to defer the application of the new minimum wage by submitting an application for postponement to the governorâs office no later than 10 days before January 1, 2017.
The Jakarta minimum wage is going up 8.25% in 2017 from the previous year.
Deferral of Minimum Wage
In a related development, Indonesia's Constitutional Court has issued Decision No. 72/PUU-XIII/2015 dated September 29, 2016 regarding Judicial Review of the Employment Law. The Constitutional Court found the phrase but is not required to comply with the prevailing minimum wage provision for the period of deferment in the elucidation of Article 90(2) of the Indonesian Employment Law to be unconstitutional and not legally binding.
SSEK Legal Consultants, led by senior foreign legal advisor Darrell R. Johnson, has contributed the Indonesia Country Report to a book that tracks compliance requirements for companies in countries around the world.
The book, International Compliance: Legal Requirements of Business Organizations in 30 Countries, was organized by KPMG. It provides an international review of compliance regulations.
Darrell Johnson, Andini H. Dewi and Christina N. Soela contributed the chapter on Indonesia. They discuss the liabilities of companies, executives or shareholders and the major areas of law and threats business organizations should account for, among other topics. They also provide tips for foreign shareholders and compliance departments.
You can see the Indonesia chapter here.
Darrell Johnson is the supervising foreign legal advisor of SSEK's risk management and regulatory compliance practice. He has been with SSEK since the firm's founding in 1992 and is a 39-year resident of Indonesia.
In addition to compliance, Darrellâs expertise includes restructuring and insolvency, Indonesian finance, banking and capital markets law, foreign investment law, mergers and acquisitions, insurance law, and corporate and commercial law.
International Compliance: Legal Requirements of Business Organizations in 30 Countries was edited by Dr. Konstantin von Busekist, the head of KPMG Law's compliance practice. The book is available for purchase on online platforms.