Legal InfO
HALAL CERTIFICATION REQUIRED FOR CERTAIN PRODUCTS
Based on Law No.33/2014 on Halal Product Assurance as amended under Law No.6/2023 on Job Creation, and Goverment Regulation No.39/2021.
Click here for details.
OBJECTS ORIGINATING FROM CARGO OF SUNKEN SHIP
Attachment VI of Government Regulation No. 32 Year 2019 on the Maritime Spatial Plan (Rencana Tata Ruang Laut) has listed more that 1000 (one thousand) locations of the Objects Originating from Cargo of Sunken Ship in Indonesia waters.
Click here for details.
COMMUNAL INTELECTUAL PROPERTY
In general, holder of Intellectual Property Rights can be (i) Individual Property Rights such as patent, copyright, industrial design, trademark, integrated circuits design, and trade secret or, (ii) Communal Intellectual Property Rights such as the geographical indications.
Click here for details.
INDONESIA'S EMISSION REDUCTION TARGET
Energy Law No. 30/2007 stipulates that the objectives of the national’s energy management among others aims to achieve energy independence and energy security. The energy Law also states that all energy resources including renewable energy (sumber energy terbarukan) shall be controlled and managed by the state/GOI for nation’s well being in accordance with laws and regulations. The Energy Law defines renewable energy as energy generated from energy resources that are sustainable if managed properly, among others are geothermal, wind, bioenergy, solar, hydropower, and ocean’s tidal energy.
Click here for details
INDONESIAN PERSONAL DATA PROTECTION LAW NO. 27 YEAR 2022
The Indonesian Parliament finally approved the long-awaited Personal Data Protection Law No. 27 year 2022 on 20 September 2022 which had been discussed since 2019. This law was initiated by the Government and largely modeled on the European Union’s General Data Protection Regulation (“GDPR”). Based on the transitional clause of this law, the existing data privacy legislation, remains in force to the extent they do not contradict with the Law.
Click here for details
BOOK PUBLISHING IN INDONESIA
Law No.3/2017 on book system (system perbukuan) and its implementing regulation, Government Regulation No. 75/2019, determines among other that: publisher is either a government or private institution which engages in publishing activities; and that publishing means all process of activities starting from (i) editing, (ii) illustrating, and (iii) book designing.
Click here for details
CLOUD COMPUTING SERVICE
Due to pandemic situation the cloud services becomes immediate priority by individuals, business, government institutions, and any organizations for myriad of purposes, such as for communication, information, entertainment, education, business/trading, payment, meeting and collaboration, etc.
Click here for details.
FOREIGN INVESTMENT IN DISTRIBUTOR BUSINESS SECTOR
The President Regulation No. 10 Year 2021 on Investment Business Sectors as amended by President Regulation No. 49 Year2021 (“PR 49”) stipulates that all business sectors are open for investment except those sectors which are listed as being closed for Investment or which activities are conducted only by Central Government.
Click here for details
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.
Click here for details
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.
Click here for details
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”).
Click here for details
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.
Click here for details
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.
Click here for details
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
Click here for details
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.
Click here for details
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
Click here for details
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
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details
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
Click here for details
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.
Click here for details
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.
Click here for details
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:
Click here for details
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.
Click here for details
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.
Click here for details
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”).
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details.
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.
Click here for details.
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
Click here for details.
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")
Click here for details.
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
Click here for details.
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.
Click here for details.
DECEMBER 2016 END OF YEAR HIGHLIGHTS
In line with investment growing, many regulations have been changed during 2016.
Click here for details.
Based on Law No.33/2014 on Halal Product Assurance as amended under Law No.6/2023 on Job Creation, and Goverment Regulation No.39/2021.
Click here for details.
OBJECTS ORIGINATING FROM CARGO OF SUNKEN SHIP
Attachment VI of Government Regulation No. 32 Year 2019 on the Maritime Spatial Plan (Rencana Tata Ruang Laut) has listed more that 1000 (one thousand) locations of the Objects Originating from Cargo of Sunken Ship in Indonesia waters.
Click here for details.
COMMUNAL INTELECTUAL PROPERTY
In general, holder of Intellectual Property Rights can be (i) Individual Property Rights such as patent, copyright, industrial design, trademark, integrated circuits design, and trade secret or, (ii) Communal Intellectual Property Rights such as the geographical indications.
Click here for details.
INDONESIA'S EMISSION REDUCTION TARGET
Energy Law No. 30/2007 stipulates that the objectives of the national’s energy management among others aims to achieve energy independence and energy security. The energy Law also states that all energy resources including renewable energy (sumber energy terbarukan) shall be controlled and managed by the state/GOI for nation’s well being in accordance with laws and regulations. The Energy Law defines renewable energy as energy generated from energy resources that are sustainable if managed properly, among others are geothermal, wind, bioenergy, solar, hydropower, and ocean’s tidal energy.
Click here for details
INDONESIAN PERSONAL DATA PROTECTION LAW NO. 27 YEAR 2022
The Indonesian Parliament finally approved the long-awaited Personal Data Protection Law No. 27 year 2022 on 20 September 2022 which had been discussed since 2019. This law was initiated by the Government and largely modeled on the European Union’s General Data Protection Regulation (“GDPR”). Based on the transitional clause of this law, the existing data privacy legislation, remains in force to the extent they do not contradict with the Law.
Click here for details
BOOK PUBLISHING IN INDONESIA
Law No.3/2017 on book system (system perbukuan) and its implementing regulation, Government Regulation No. 75/2019, determines among other that: publisher is either a government or private institution which engages in publishing activities; and that publishing means all process of activities starting from (i) editing, (ii) illustrating, and (iii) book designing.
Click here for details
CLOUD COMPUTING SERVICE
Due to pandemic situation the cloud services becomes immediate priority by individuals, business, government institutions, and any organizations for myriad of purposes, such as for communication, information, entertainment, education, business/trading, payment, meeting and collaboration, etc.
Click here for details.
FOREIGN INVESTMENT IN DISTRIBUTOR BUSINESS SECTOR
The President Regulation No. 10 Year 2021 on Investment Business Sectors as amended by President Regulation No. 49 Year2021 (“PR 49”) stipulates that all business sectors are open for investment except those sectors which are listed as being closed for Investment or which activities are conducted only by Central Government.
Click here for details
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.
Click here for details
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.
Click here for details
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”).
Click here for details
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.
Click here for details
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.
Click here for details
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
Click here for details
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.
Click here for details
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
Click here for details
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
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details
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
Click here for details
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.
Click here for details
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.
Click here for details
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:
Click here for details
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.
Click here for details
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.
Click here for details
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”).
Click here for details
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.
Click here for details
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.
Click here for details
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.
Click here for details.
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.
Click here for details.
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
Click here for details.
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")
Click here for details.
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
Click here for details.
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.
Click here for details.
DECEMBER 2016 END OF YEAR HIGHLIGHTS
In line with investment growing, many regulations have been changed during 2016.
Click here for details.