DECEMBER 2016 YEAR END HIGHLIGHTS

In line with investment growing, many regulations have been changed during 2016. Below are some of them:

A. Investment

The Negative List under Presidential Regulation No. 39 Year 2014 was changed by Presidential Regulation No.44 Year 2016 dated 12 May 2016; procedure of application and granting of investment approval/business license has been changed and regulated under BKPM Regulation No. 6 Year 2016 making it easier and more practical through the online system.

B. Other Significant Regulations

Prolegnas 2016

Among 50 draft laws which were intended to be prioritized for enactment under the National Legislative Program in 2016 (“Prolegnas 2016”) until December 2016, seventeen (17) have been enacted becoming the Law; some of them are:

  1. Law No. 11 Year 2016 on Tax Amnesty ;
  2. Patent Law No. 13 Year 2016 revoking previous Patent Law No. 14/2001;
  3. Law No.15 Year 2016 which is the Ratification of Maritime Labor Convention, 2006;
  4. Law No.16 Year 2016 which is the Ratification of the Paris Agreement to the United Nations Framework Convention on Climate Change;
  5. Law No. 19 Year 2016 dated 25 November 2016 on Amendment to Law No. 11 Year 2008 on Electronic Information and Transaction; and
  6. Law No. 20 Year 2016 dated 25 November 2016 on Trademark and Geographical Indication Law revoking previous Law No. 15 of 2001 on Trademark

The following laws, parts of the 50 drafts mentioned above, are planned to be amended but they are unlikely enacted in this 2016:

Ministerial level regulations

Regulations on ministerial level have been enacted in year 2016, some of them are as follows:

  1. Ministry of Transportation Regulation No. PM 11 Year 2016 on Ship’s Agency Business and Operation;
  2. Ministry of Public Work and People Housing Regulation No. 03/PRT/M/2016 dated 01 February 2016 on Technical Guidance to Granting Construction Service License to Foreign Investment Company;
  3. Ministry of Employment Regulation No. 6 Year 2016 dated 08 March 2016 on Religious festive Benefit to Employees/Workers in Company;
  4. Minister of Law and Human Rights Regulation No.8 Year 2016 dated 24 February 2016 on Requirements and Procedures of Intellectual Property License Agreement Registration;
  5. Ministry of Home Affairs Regulation No. 22/2016 dated 28 April 2016 on Amendment to Ministry of Home Affairs Regulation No. 27/2009 on Guidelines of Granting Nuisance Permit;
  6. Minister of Energy and Mineral Resources Regulation No. 12/2016 dated 29 April 2016 on Amendment to Minister of Energy and Mineral Resources Regulation No. 35/2013 on Procedures of Granting Electricity Business License;
  7. Minister of Communication and Informatics Regulation No.20/2016 dated 07 November 2016 on the Protection of Personal Data in Electronic System;
  8. Minister of Energy and Mineral Resources Regulation No. 35/2016 dated 10 November 2016 on Construction of Oil Refinery (Kilang Minyak) by Private Company; and
  9. Minister of Law and Human Rights Regulation No. 42 Year 2016 on the Electronic Service of Intellectual Property Application.

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