INFO

INVESTMENT BUSINESS SECTORS

Presidential Regulation No. 10 Year 2021 on Investment Business Sectors (“PR 10/21”) which was issued in February 2021 has been updated/revised in Mei 2021 under Presidential Regulation No. 49 Year 2021.
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INVESTMENT IN BLOCKCHAIN, ARTIFICIAL INTELLIGENCE (AI), AND INTERNET OF THINGS (IOT)

Business activities related to Blockchain, Artificial Intelligence (AI), and Internet of Things (IOT) were not listed on the Indonesian Standard Business Classification (KBLI) version 2017 but, they are now admitted in KBLI version 2020.
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LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS

Recently, by President Regulation No. 2 Year 2021, Indonesia has ratified the Convention Abolishing the Requirement of Legalization for Foreign Public Documents which was adopted in the Hague Conference on Private International Law on 5 October 1961 (the “Convention”).
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THE ONLINE PLATFORM/THE OPERATION OF  PRIVATE ELECTRONIC SYSTEM

The Minister of Communication and Informatics (“MOCI”) has recently issued a regulation No. 5/2020 regulating the operation of Private Electronic System Operator  (Penyelenggara System Elektronik Lingkup Privat) by individuals, business entities or community (“Private ESO”) as an implementing regulation of the Government Regulation No. 71/2019 on Electronic System and Transaction Operation.
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PATENT BY THE GOVERNMENT

President Regulation No. 77 Year 2020 (“PR 77/2020”) was enacted on 07 July 2020 which is the implementing regulation of the Patent Law No. 13/2016 specially Articles 109-120, to stipulate the Procedures of the patent which is exercised by the Government.
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ELECTRONIC TRADING

As mandated by Article 66 of the Trade Law No. 7/2014, the Government issues Government Regulation No. 80/2019 dated 25 November 2019 which stipulates electronic trading
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REQUIREMENT FOR FILING OF ANNUAL REPORT TO THE MINISTER OF TRADE

MOT 25 regulates the same matters as MOIT 121 that certain companies must file its audited financial report to MOT.
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COPYRIGHT PROTECTION ON COMPUTER PROGRAM/SOFTWARE

Computer Program (“CP”) which is defined as a set of instructions expressed in language, code, scheme or any other forms, intended for a computer to perform a certain function or to produce certain result, is a creation that is eligible for copyright protection and exclusive rights which includes economic/commercialization rights and moral rights
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REGISTRATION AND DATA CENTER ON ELECTRONIC SYSTEM AND ELECTRONIC TRANSACTIONS UNDER THE NEW REGULATION - GOVERNMENT REGULATION NO.71/2019

The previous regulation-Government Regulation No. 82/2012 (“Previous Regulation”) was revoked and replaced by the Government Regulation No.71/2019 (“GR 71”) as of GR 71 enactment on 10 October 2019
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FINTECH COMPANY AND REGULATORY REQUIREMENTS ON PRIVACY AND DATA PROTECTION

In carrying out the business, Fintech company requires access and collection of personal data and financial data of their users.
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MINING SECTOR DIVESTMENT RULES

Minister of Energy and Mineral Resources (“MOEMR”) issued Regulation No. 43 Year 2018 dated 21 September 2018 (“MOEMR 43/2018”) to amend the procedures of divestment and mechanism on determining the price of divested shares previously regulated under MOEMR 09/2017.  
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GREEN BOND

OJK had issued a regulation No.60/POJK.04/2017 on Issuance and Requirements of Green Bond (Penerbitan dan Persyaratan Efek Bersifat Utang Berwawasan Lingkungan) whose proceeds has  to be used for environmental-friendly projects which objective is to protect, repair, and/or enhance the quality or environmental functions.
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IPR PROTECTION FOR GAMES APPLICATION AND VIDEO GAMES

While games application or video games is trending recently, this is how the IP laws regulate protection on it. They are Law No. 28/2014 on Copy Right (CR Law), Law No. 20/2016 on Mark (Mark Law) and Law No. 13/2016 on Patent (Patent Law) which are relevant on such IP right protection on games application  or videogames.
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PRESIDENT REGULATION NO. 20 YEAR 2018 ON THE USE OF FOREIGN WORKER

President Regulation No. 72 Year 2014 on the Use of Foreign Worker has been revoked and replaced by President Regulation No. 20 Year 2018. This new regulation will be effective on 29 June 2018, 3 months after its enactment on 29 March 2018
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NEW PROCEDURE ON INVESTMENT UNDER BKPM REGULATION NO. 13/2017

BKPM Regulations No.14/2015 and No. 15/2015 regarding Investment Principle License and Investment Procedure and Licensing are revoked by BKPM Regulation No. 13/2017.
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THE USE OF FOREIGN SHIP IN INDONESIAN WATERS

As complied with the cabotage principle regulated in Article 8 of the Law No.17/2008 on Shipping, a foreign ship (non-Indonesian flagged ship and not being registered in Indonesia) is prohibited to operate and take passengers and/or logistics within Indonesian waters.
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Import of Horticultural Products

 Minister of Trade Regulation No. 30/M-DAG/PER/5/2017 dated 17 May 2017 (MOTR 30/2017) as amended by MOTR No. 43/M-DAG/PER/6/ 2017 dated 22 June 2017 (MOTR 43/2017) regulates the importation of horticultural products among other as follows:
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Government Regulation No. 20 Year 2017 regarding Controlling of Import Export of the Goods Which Is Allegedly Constitute of or Produced through Intellectual Property Infringement (“GR 20”).

GR 20 gives entitlement to the Custom Office to prevent or suspend import or export of certain good which is suspected as intellectual property (IP) infringement’s good  or produced by way of intellectual property infringement  and for IP owner/holder to request the court to instruct the Custom Office to suspend  import or export of certain good which is suspected as IP infringement’s good  or produced by way of intellectual property infringement.
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IUJP UNDER THE REGULATION OF MINISTRY OF ENERGY AND MINERAL RESOURCES NO. 34 YEAR 2017 ON LICENSES IN THE SECTOR OF MINERAL AND COAL MINING

Ministry of Energy and Mineral Resources Regulation No. 34 of 2017 on Licenses in the Sector of Mineral and Coal Mining ("MOEMR 34/2017") was enacted and valid as of 09 May 2017. 
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GOVERNMENT REGULATION No. 29 YEAR 2017 ON PAYMENT AND DELIVERY METHOD OF GOODS IN EXPORT AND IMPORT ACTIVITY

The Government of Indonesia (GOI) issued Government Regulation No 29 Year 2017 dated 24 July 2017 on Payment and Delivery Method of Goods in Export and Import Activity (“GR 29”).
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REGISTRATION OF A VESSEL AS INDONESIAN VESSEL

As required under Art. 158 of the Law No.17/2008 on Shipping, a vessel/ship which has been measured as evidenced under its Measurement Certificate can be registered with the Vessel’s Registrar (the Ministry of Transportation) subject to meeting of certain requirements.
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DIGITAL CONTENT SERVICE VIA MOBILE NETWORK

Ministry of Communication and Information has just enacted Regulation  No. 9/2017  dated 24 Jan 2017 which provides some  rules  for   content provider services via mobile network.
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THE LAW NO. 2/2017 ON CONSTRUCTION SERVICE

Law No. 2  year 2017 on Construction Services was enacted and effective to be enforced as of 12 January 2017, as the amendment to the previous Law No.18/1999 which is revoked by this Law No. 2  year 2017.
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3 HOURS INVESTMENT LICENSE SERVICE (APRIL 2017)

BKPM Regulation No. 14/2015 as amended under BKPM Regulation No. 6/2016 introduces new kind of license, namely the “investment license,”  which is basically  the same function as a principle license as preliminary license to carry out investment  activity.
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NEW REGULATIONS FROM MINISTRY OF TRADE REGARDING SIUP AND TDP (MARCH 2017)

On 17 February 2017 Ministry of Trade (MOT) issued 2 (two) regulations to amend the existing regulations related to the business license and company registration
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PROTECTION OF FAMOUS MARK UNDER LAW No. 20/2016 ON MARK AND GEOGRAPHICAL INDICATION (FEBRUARY 2017)

Mark protection under Law No. 22.2016 ("the Law") is based on first to file basis mark registration with the Directorate General of Intellectual Property of The Ministry of Law and Human Rights ("DGIP")
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E-COMMERCE (February 2017)

Under the President Regulation No. 44/2016 on Investment Negative List (”INL”) some “e-commerce” business activities are open and some are closed for foreign investment as follows
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INVESTMENT IN DISTRIBUTION SECTOR (JANUARY 2017)

Under the investment negative list which is currently regulated in the President Regulation No. 44/2016 dated 12 May 2016 (“Negative List 2016”), business sectors in the field of products distribution and retail through modern stores are open for investment with foreign ownership which is restricted up to certain percentage only.
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DECEMBER 2016 END OF YEAR HIGHLIGHTS

In line with investment growing, many regulations have been changed during 2016.
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