Indonesia Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Indonesia

8 Major Challenges for Foreign Investors to Start Their Businesses in Indonesia

  September 26, 2017     By BP Lawyers
Despite the rise of religious conservatism, racial issues, and economic uncertainties, there are still foreign investors wanting to do business...
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Foreign Investment in Indonesia

  September 25, 2017     By BP Lawyers
Foreign investment in Indonesia remains one of the strongest in Asia and Southeast Asia in particular, and the ease of doing business has...

Financing Liabilities in Mining Company Compliance in Indonesia

In international business transaction, it is very common for entrepreneur to conduct the financing or loan transaction. This transaction...

Perceiving the Significance of Maritime Labour Convention 2006 for Indonesia

Maritime Labour Convention 2006 is a global milestone for the maritime industry. However Indonesia has not yet ratified this particular...

The Obligation of the use of Indonesian Rupiah in the Territory of the Republic of Indonesia

  By Leks&Co
Bank Indonesia Regulation No. 17/3 /PBI/2015 on the Obligation of the Use of Indonesian Rupiah in the territory of the Republic of Indonesia...

New Copyright Law in Indonesia

  By Leks&Co
Law Number 28 of 2014 on Copyright (“New Copyright Law”) was issued on 16 October 2014, which revokes the Law Number 19 of 2002 on Copyright...

Common Equipment, Common Facilities and Common Land in Condominiums in Indonesia

  By Leks&Co
Law No. 20 of 2011 on Condominium (“Condominium Law“) requires a developer to separate the condominium with condominium unit, common equipment,...

Right and Obligation of Property Brokerage Company in Indonesia

  By Leks&Co
Right and obligation of property brokerage company is stipulated under the Minister of Trade Regulation Number 33/M-DAG/PER/8/2008 on Property...

The Establishment of Company Regulation in Indonesia

  By Leks&Co
Provisions on company regulation is stipulated under Article 108 until Article 115 Law Number 13 of 2003 on Employment (“Law No.13/ 2003”) and...

Implementation of Infrastructure and Facilities in Handling Household Waste in Indonesia

  By Leks&Co
Provisions of law concerning Management of Household Waste are regulated in Government Regulation Number 81 of 2012. To implement certain...

Procedures of Land Acquisition in the Framework of Investment – Land Acquisition Deriving in Indonesia

  By Leks&Co
Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National...

Standard Minimum Service on Public Works and Space Layout in Indonesia

  By Leks&Co
Early 2014, in February, the Regulation of the Minister of Public Works Number 01/PRT/M/2014 on Standard Minimum Service on Public Works and...

New Procedures For Validating a Legal Entity, Approving an Amendment of Article of Company’s Data

  By Leks&Co
On March 26, 2014, the Minister of Law and Human Rights (“MoHLR” ) enacted the Regulation of MoHLR No. 4 of 2014 on Validating a Legal Entity,...

Profit Utilization of Limited Liability Company in Indonesia

  By Leks&Co
Profit utilization of limited liability company is regulated under Article 70-73 Law Number 40 of 2007 on Limited Liability Company (“Company...

Summary of Minister Regulation of Housing and Settlement Number 10 of 2012

  By Leks&Co
Law Number 1 of 2011 on Housing and Settlement (“Housing and Settlement Law”) has already regulated the proportional occupancy. Under Article...

Summary of District Regulation of DKI Jakarta Number 8 Year 2007 Concerning Public Order

  By Leks&Co
To bring into reality a living in Jakarta that is more orderly, peaceful, comfortable, clean and beautiful, a regulation relating public order...

Construction of a Superblock Area in the Special Capital City Region of Jakarta

  By Leks&Co
The increasing scarcity of land that can be used for commercial purposes in a city center such as Jakarta, requires efficient management of...

Transfer of Right of Shares - Indonesia

  By Leks&Co
Companies’ authorized capital is divided into shares. Shares is a moveable goods which give rights to the owner to attend and to vote in the...

Merger of Limited Liability Company - Indonesia

  By Leks&Co
Under Article 1 number 9 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) merger means a legal action which is taken by one...

Exception of Competence to Judge - Indonesia

  By Leks&Co
Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the...

Change of Claim - Indonesia

  By Leks&Co
Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis...

Law Number 21 of 2011 on Financial Service Authority - Indonesia

  By Leks&Co
Financial Services Authority or commonly abbreviated as OJK, is an independent institution and free from the intervention of other party, which...

Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

  By Leks&Co
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation...

Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

  By Leks&Co
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction...

Supreme Court Regulation No. 03 of 2012 on Process of Case Settlement Fees and Its Management in Supreme Court - Indonesia

  By Leks&Co
Process Fee of Case Settlement (“Process Fee”) is a processing fee for civil case settlement, a state administrative case settlement, and a...

Types of Exception - Indonesia

  By Leks&Co
Exception, in Civil Procedural Law context, is defined as objection. Exception can also be defined as defense (plea) proposed by the defendant...

The Amendment of Claim - Indonesia

  By Leks&Co
In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim...

Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

  By Leks&Co
Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent...

Taxation Aspect of Property Sale and Purchase - Indonesia

  By Leks&Co
Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not...

How to Dissolve a Company in Indonesia

The general principle on dissolution of Limited Liability Company is stipulated under Article 143 paragraph (1) of Law No. 40 of 2007 regarding...

Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

  By Leks&Co
Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides...

The Breaking, Separation, and Merging of Land - Indonesia

  By Leks&Co
Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land...

Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

  By Leks&Co
Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right...

Exclusive Breast Feeding - Indonesia

  By Leks&Co
The purpose of the issuance of Government Regulation Number 33 of 2012 on Exclusive Breast Feeding (“GR No. 33/2012”) is to implement the...

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of...

Transfer of Ownership of Foreign Shares - Indonesia

  By Leks&Co
Background - The application for transfer of ownership of foreign shares can be submitted either by foreign investment company or by domestic...

The Legal Status of Parking Space under Condominium Law - Indonesia

  By Leks&Co
Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether...

Government Regulation No. 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Government Regulation Number 47 of 2012 on Social and Environmental Responsibility of Limited...

Corporate Social Responsibility by Limited Liability Companies - Indonesia

  By Leks&Co
Corporate Social Responsibility (“CSR”) in Bahasa is known as tanggung jawab sosial perusahaan. Chapter V of Article 74 of the Law Number 40 of...

Adjudication of Land Registration - Indonesia

  By Leks&Co
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is...

Classification of Shares in Limited Liability Companies - Indonesia

  By Leks&Co
Share is a proof that shareholders have conducted a full deposit of capital in Limited Liability Companies (“Company”). Shares in Company are...

Land Registration Activity - Indonesia

  By Leks&Co
Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes...

New Regulation on Procedures for Filing and Use of Limited Liability Company’s Name - Indonesia

  By Leks&Co
Background - Background or purpose of the issuance of Government Regulation Number 43 of 2011 on Procedures for Filing and Use of Limited...

Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

  By Leks&Co
Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of...

Criminal Act Related to Condominium - Indonesia

  By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on...

Increase of Capital - Indonesia

  By Leks&Co
Background - A Limited Liability Companies (“Company”) may gain their capital by increasing its capital, the process is performed based on...

Public Prosecutor and Bank of Indonesia as Bankruptcy Applicant

  By Leks&Co
Background - There are various subject of Applicant in Bankruptcy based on Law Number 37 of 2004 on Bankruptcy and Moratorium Obligation the...

Investment Law Dispute Settlement through ICSID - Indonesia

  By Leks&Co
Background - International Center for Settlement of International Dispute (“ICSID”) was established on the basis of the Convention on the...

Merger on Investment Company - Indonesia

  By Leks&Co
Background - Merger is a legal action conducted by one or more company to merge with another existing company causing the assets and liabilities...

Pledge of Shares - Indonesia

  By Leks&Co
Law Number 40 of 2007 on Limited Liability Company (“Company Law”) only recognizes the classification of registered shares. However, Article 53...



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