The civil forfeiture or non-conviction-based forfeiture that features under the Draft Bill on the Forfeiture of Assets Related to Crimes provides an effective means for the government to seize any assets that are suspected of deriving from criminal acts and of having led to financial losses being sustained by the state that can be implemented through the civil courts as opposed to the criminal courts.
Regulation 5/2023 and Regulation 6/2023 have now adjusted various provisions in order to set limitations on investments that are conducted by Conventional Companies and Sharia Companies. In addition to the limitation that has been placed on investment percentages in PAYDI, specifically for Conventional Companies, as well as the optimization of investment performances of company funds, tabarru' funds, tanahdu funds and participant investment funds for Sharia Companies, these two new OJK regulations also feature provisions that specifically address reportingandsanctions.
the Minister of Health has introduced a Regulatory Sandbox in order to accommodate the presence of Digital Healthcare Innovation in Indonesia. This is believed to be of benefit for various parties in Healthcare Sectors through the provision of safe trial spaces and building investor trusts and also through the protection of privacy, provision of feedback spaces and advocation in relation to Digital Healthcare Innovation.
The issuance of the Fifth Revision provides further clarifies cooperation agreements between Cost Recovery and Gross Split KKKS through the introduction of several requirements that must be fulfilled by the latter party. Furthermore, several matters relating to the asset procurement process, specifically the applicable preferential prices and Procurement methods, have also been adjusted.
In response to the increase in demand for arbitration, the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia BANI) has now increased the scope of the services that it offers to include both electronic and hybrid forms of arbitration. It is imperative for business actors or their representatives to be familiar with the procedure of arbitration within the BANI Arbitration Center in order to ensure successful dispute resolution process
Our analysis will highlight the adjustments that have been introduced under Regulation No. PER-2/MBU/02/2023 on Guidelines for the Governance and Significant Corporate Activities of BUMN, by comparing its provisions with the previously applicable legal frameworks. Furthermore, our discussion will also emphasize provisions that have been newly introduced under this new framework in an effort to enhance the overall governance and business activities of BUMN. The matters discussed in this article range across the implementation of good corporate governance and risk management at BUMN, strategic planning and assessments of the soundness levels of BUMN, organization of significant corporate activities and information technology at BUMN and reporting requirements and procedures as a form of BUMN financial accountability.
The BUMN Omnibus regulations that were recently issued by the Minister have not only made various significant adjustments to matters that were deemed obsolete in order to ensure that relevant provisions are in line with current developments and societal dynamics, but have also integrated scattered regulations under a few major legal frameworks in order to ensure that every single provision will be more easily accessible to the general public or the relevant stakeholders
The hope is that the PTSL system will be able to provide complete and accurate registration land data, thus ensuring greater legal certainty and land rights protections for the countrys many different communities, as well as to guaranteeing the certainty of land positions and any applicable limitations
Normatively speaking, all stakeholders operating within the manpower sector (i.e. employers, employees and/or relevant labor unions) are required to avoid employment terminations at all costs. However, in reality, such terminations are sometimes unavoidable for employers that are experiencing certain conditions and/or handling certain issues relating to employees. Employees that are subject to terminations are entitled to enjoy various rights that have to be fulfilled by employers
With the ongoing trend in company IPOs through the BEI showing no sign of slowing, ensuring an understanding of legal due diligence is of vital importance, not only for legal consultants who conduct said examinations but also for companies who act as prospective issuers. In this regard, it is important for companies that are intending to carry out IPOs to ensure that all of the relevant required documents that are subject to examinations during processes of legal due diligence, as stipulated under the HKHPM Decree, are adequately prepared and updated