Latest updates

OJK relaxes single presence policy in banking sector but tightens minimum capital requirements
  • Banking & Financial Services
  • Indonesia
  • 08 May 2020

The Indonesian Financial Services Authority recently issued a regulation which relaxes bank ownership rules under its single presence policy but simultaneously increases minimum capital requirements. The regulation was conceived prior to the COVID-19 crisis and the issuance of emergency economic legislation. Consequently, the big question is whether the regulation will continue to be relevant, given the perfect storm facing the national economy and the Indonesian financial services industry.

Force majeure and impact of COVID-19 on contractual obligations
  • Corporate & Commercial
  • Indonesia
  • 27 April 2020

Given the economic dislocation caused by the spread of COVID-19, many parties facing difficulties in performing contracts will be considering their legal situation. Can they be held liable for damages for a breach of contract or losses suffered by third parties due to circumstances beyond their control or does the law provide a relief mechanism for dire circumstances such as these? Although Indonesian law provides a relief mechanism, it is a difficult one of which to avail.

FAQs on legal impact of COVID-19
  • Corporate & Commercial
  • Indonesia
  • 13 April 2020

With the world facing its biggest challenge of the century so far, and probably its greatest challenge since World War II, businesses are asking how they should best respond to the impact of the COVID-19 crisis. This article answers the FAQs that businesses are asking with regard to contracts, force majeure and shareholders' duties.

Omnibus bill's likely impact on FDI open to interpretation
  • Corporate Finance/M&A
  • Indonesia
  • 25 March 2020

The government recently submitted the Bill on Job Creation to the National Legislative Assembly. Both foreign direct investment and domestic investment are governed by the Investment Law 2007. While the bill envisages relatively few changes to the Investment Law overall, the proposed changes to its provisions on the Negative Investment List could be significant.

Lending market review 2019
  • Banking & Financial Services
  • Indonesia
  • 24 January 2020

Fintech-based lending in Indonesia grew rapidly in 2019. Various crowdfunding models (in particular, peer-to-peer lending) emerged and gave the regulatory authorities a new focus for their attention. In this regard, the Financial Services Authority issued a number of new regulations concerning equity funding, digital financial innovation in the financial services sector, standing facilities, money markets and open operations.

KPPU flexes muscles with revamped merger control guidelines
  • Competition & Antitrust
  • Indonesia
  • 23 January 2020

After fining numerous companies for late notification of mergers, consolidations and acquisitions in recent months, the new commissioners of the Indonesian Competition Commission who took office in May 2018 have once again shown their commitment to a more active enforcement of merger control rules by introducing new merger control guidelines.

Government acts to regulate booming e-commerce sector and foreign providers operating in Indonesian market
  • Corporate & Commercial
  • Indonesia
  • 13 January 2020

Despite being mandated by Article 66 of the Trade Law, which entered into force in 2014, a government regulation specifically focused on e-commerce has only recently been issued after having been under discussion since 2015. This article describes the key aspects of the regulation that directly affect e-commerce operators and consumers.

Long-awaited regulation on Language Law finally introduced – but questions remain
  • Corporate & Commercial
  • Indonesia
  • 28 October 2019

After a 10-year delay, a presidential regulation has finally been issued to give effect to key language provisions of the Law on the National Flag, Language, Coat of Arms and Anthem. Of primary interest to businesses are the provisions on contractual language, as they refer to the controversial requirement that agreements involving an Indonesian party must be written in Indonesian and that agreements involving a foreign party must also be written in the national language of the foreign party or in English.

Supreme Court pushes ahead with expansion of e-litigation services
  • Litigation
  • Indonesia
  • 17 September 2019

The Supreme Court has issued a new regulation on e-litigation which significantly expands the scope of earlier regulations and envisages the eventual development of a full-blown electronic court system, which would mean that proceedings could be commenced, court fees paid, documents and pleadings submitted, hearings conducted and judgments pronounced electronically.

New BKPM regulation clarifies guidelines and procedures for licensing and facilities under FDI regime
  • Corporate Finance/M&A
  • Indonesia
  • 11 September 2019

Indonesia's Investment Coordinating Board (BKPM) recently issued a new regulation that amends BKPM Regulation 6/2018, which sets out guidelines and procedures for licensing and facilities under Indonesia's foreign direct investment (FDI) regime. The most significant changes include the reaffirmation that certain FDI companies must comply with divestment obligations and the confirmation that shareholding foreign directors and commissioners are exempt from the normal expatriate employment rules.

New regulation establishes penalties for failure to repatriate proceeds of natural resources exports
  • Energy & Natural Resources
  • Indonesia
  • 05 August 2019

The start of 2019 saw a renewed attempt by the government to compel exporters of natural resources-based commodities to repatriate their export earnings and deposit them in the Indonesian financial system with the issuance of new rules in this regard. The minister of finance has now established penalties for non-compliance with these rules.

New Bank Indonesia regulation on prudential rules for offshore debt and FX-denominated liabilities
  • Banking & Financial Services
  • Indonesia
  • 22 March 2019

Bank Indonesia recently issued an umbrella regulation on the application of prudential norms. As with the now revoked Regulation on Offshore Loans in the Banking Sector (as amended), Regulation 21 stresses the importance of compliance with prudential norms for maintaining macroeconomic and financial system stability. However, while the previous regulation's scope was confined to offshore bank loans, Regulation 21 encompasses "offshore bank debt and FX-denominated other bank liabilities".

New framework to establish Securities Finance Agency introduced
  • Banking & Financial Services
  • Indonesia
  • 12 February 2019

The Financial Services Authority recently issued a new regulation which provides a framework to establish the Securities Finance Agency (SFA). The agency aims to boost transaction volumes and liquidity in the Indonesian stock market, particularly by encouraging margin trading and short selling. Upon its establishment, the SFA will provide securities financing to brokerage firms.

Repatriation of natural resource export earnings: new regulation signals stricter approach
  • Energy & Natural Resources
  • Indonesia
  • 11 February 2019

Government Regulation 1/2019 requires exporters in the natural resources sector to repatriate their forex-denominated export earnings to Indonesia. Thus, forex-denominated export proceeds in the mining, plantation, forestry and fisheries sectors must be deposited in the Indonesian financial system. Overall, the regulation is clearly intended to bolster Indonesia's balance of payments situation, which has worsened considerably over the past year.

Will BKPM takeover of OSS help to eliminate glitches?
  • Corporate & Commercial
  • Indonesia
  • 28 January 2019

The online single submission (OSS) system constitutes a significant overhaul of Indonesia's business and investment licensing regime. Although much later than scheduled, responsibility for the OSS has now officially transferred to the Investment Coordinating Board. The government made it clear from the outset that the OSS would take time to perfect. Although the OSS works reasonably well for the most part, a number of problems remain.

Anti-corruption update: some encouragement for whistleblowers and first-ever prosecution of corporation
  • White Collar Crime
  • Indonesia
  • 24 December 2018

A number of anti-corruption developments took place in Indonesia in 2018. For example, the Government Regulation on Public Participation in the Prevention and Suppression of Corruption was issued in order to incentivise more whistleblowers to come forward and encourage public participation in the fight against corruption. Further, the Corruption Eradication Commission brought its first-ever prosecution against a corporation.