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Requirements for Changes in Shareholding and Boards in Oil & Gas, Mining, Power and Geothermal Sectors - Regulatory Update

15 August 2017

Ministry of Energy and Mineral Resources ("MEMR") issued Regulation Number 48 of 2017 on Supervision of Operations of Business Activities in the Energy and Mineral Resources Sector ("Reg 48/2017") which came into effect on 3 August 2017. Reg 48/2017 was issued following feedback on Ministry of Energy and Mineral Resources Regulation No. 42/2017 ("Reg 42/2017"). Reg 42/2017 required prior approval from MEMR for most transfers of shares and changes to the board of directors and commissioners in the energy and mineral resources sector.

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Approvals for Changes in Shareholding and Boards in Oil & Gas, Mining, Power and Geothermal Sectors - Regulatory Update

03 August 2017

Ministry of Energy and Mineral Resources ("MEMR") Regulation Number 42 of 2017 on Supervision of Operations of Business Activities in the Energy and Mineral Resources Sector ("Reg 42/2017") came into effect on 17 July 2017. The regulation applies to licensed entities operating in the upstream and downstream oil and gas, mining, power, and geothermal sectors and has aims of improving MEMR oversight over the sector. In respect of the mining sector, Reg 42/2017 replaces and partially revokes MEMR Regulation Number 34 of 2017 in respect of provisions relating to the transfer of shares and the changes to the Board of Directors and Board of Commissioners.

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Investigating in Indonesia. The Indonesian Competition Authority's search for more teeth

21 June 2017

Article published on Competition Law Insight, 11 April 2017, p. 15. In February 2017, the Indonesian competition authority (the KPPU) finally decided its controversial cartel case concerning two Indonesian subsidiaries of Japanese motorcycle manufacturers. Both companies were found guilty of price-fixing in the market of 110-125cc automatic-transmission scooter products.

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Guidelines for the Formulation of Mandatory Wage Structures and Scales for Businesses

14 June 2017

The Ministry of Manpower ("MOM") issued Regulation No. 1 of 2017 ("Reg 1/2017") dated 21 March 2017 to implement wage structures and scales introduced in Government Regulation No. 78 of 2015 ("GR 78/2015"). The Reg 1/2017 revokes Ministry of Manpower and Transmigration Decision KEP.49/MEN/IV/2004 regarding the same ("Previous Regulation").

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A 'Renewed' Arbitration Body in Indonesia ? BANI Pembaharuan

11 April 2017

BANI (Badan Arbitrase National Indonesia) is known as the Indonesian arbitration body which deals with commercial disputes. In September 2016, an arbitration body, namely BANI (BANI Pembaharuan/the "Renewed BANI") was launched in Indonesia at the initiation of a number of arbitrators from the original BANI. 

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Indonesian Competition Authority pushes boundaries of investigation powers in new cartel decision

06 March 2017

On 20 February 2017, the KPPU—Komisi Pengawas Persaingan Usaha, the Indonesian Competition Authority—decided that two Indonesian subsidiaries of Japanese motorcycle manufacturers conspired in a cartel to fix the sales price of 110-125 cc automatic-transmission scooters. This adds to the KPPU's long list of cartel enforcement, which follows their 2015 mission statement to eradicate cartel activities.

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Indonesian Anticorruption Law Update

23 February 2017

On Wednesday, 25 January 2017, the Constitutional Court ("CC") rendered its decision No. 25/PUU-XIV/2016 ("Decision No. 25/2016") on the judicial review of the Indonesian Anticorruption Law. Although four CC Judges dissented, the majority of the Judges decided to amend Article 2(1) and Article 3 of the Indonesian Anticorruption Law.  The articles - with the key amendments highlighted - now read as follows:

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Indonesia's Supreme Court issues new regulation for handling corporate crime

17 January 2017

In the last week of 2016, the Supreme Court of the Republic of Indonesia issued a new regulation which details procedures for prosecuting corporate crime, especially with respect to enforcement. Although existing laws in Indonesia recognize corporate criminal liability, corporations are rarely brought before the court in practice. One of the primary reasons for this is that there is no clear guidance on how to prosecute a corporation. It is expected that the newly issued Supreme Court Regulation No. 13 of 2016 regarding Procedure in Handling Corporate Crime Cases ("Regulation No. 13/2016") will be able to overcome such issues.

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Indonesia's construction sector – from the ground up

28 July 2016

This note serves as a basic introductory overview on the Indonesian construction sector.  The attached schedules provide further details on requisite licences that are generally required for a construction company, as well as the revised Negative Investment List that was promulgated on 18 May 2016 ("List").

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

25 May 2016

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 (“PBI 17/3/PBI/2015“) is a new legislation enacted by Bank Indonesia which is based on the law that has been previously promulgated, namely Law No. 7 of 2011 on the Currency ("Law No. 7/2011")

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Indonesia is gaining increasing significance as one of the world’s key emerging markets. As the largest economy in South East Asia, there are...

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Our team at DNFP has a wide range of backgrounds and its members are well established leaders in the local market. We believe that diversity of...