Most of the revisions addressed under the Job Creation Law are focused upon easing the path of business activities within Indonesia, most notably through a simplification of the prevailing licensing regime
It can be concluded that the main revision that has been made in relation to the various sectors discussed in this analysis is the simplification of the prevailing licensing regime, which has now altered to a business licensing regime which is to be mainly handled by the central government. This simplification seems to support both micro- and small-scale businesses, as well as both domestic and foreign investors.
Generally speaking, the revisions that have now been introduced within the transportation, construction and land and property sectors under the Job Creation Law lean towards the theme of centralization, reduction of requirements and elimination of excessive bureaucracy, and expansion of objects which may lead to the ultimate goal of increasing the development rate of businesses operating within the given sectors
While not many significant changes have been introduced in relation to the banking sector under the new Job Creation Law, a number of revisions have been made relating to taxes and non-tax charges and these revisions can prove to be beneficial to businesses by providing, among others, greater ease of requirements and new interest-rate formula
As a continuation of our ongoing analysis of Job Creation Law, which has so far covered manpower, general corporate provisions and the energy sector, this fourth installment of our ILD series on the new law will attempt to analyze provisions relating to the natural resources sector which, among other matters, address forestry, plantations, horticulture, livestock, marine and fisheries, environmental matters, geospatial matters, food and agriculture and so forth.
Now, in order to continue our series of insights into the new Job Creation Law, Hukumonlines Legal and Research Team offers a third installment which focuses on revisions introduced under the Job Creation Law which target the energy sector, specifically minerals and coal mining, oil and gas, geothermal energy, electricity and nuclear energy.
The revisions to the various laws discussed herein demonstrate how the Bill seeks to offer greater convenience for businesses in general, be they foreign or domestic, particularly those who fall into the UMKM category. The ultimate hope, of course, is that more people will be encouraged to establish businesses in Indonesia, which should, in turn, result in more job opportunities.
The revisions upon manpower-related laws under the Bill generally concern the following manpower-related areas: 1) Job-Training Institutions; 2) Worker-Placement Agencies; 3) Employment of Foreign Workers; 4) Work Agreements for Specified Timeframes; 5) Outsourcing; 6) Working Hours, Breaks and Leave; 7) Wages; 8) Employment Terminations; 9) Criminal Provisions and Administrative Sanctions; 9) Unemployment Insurance; and 10) Indonesian Migrant-Worker Placement Companies.
The ratification of the MLA Treaty represents a major milestone for Indonesia and the Indonesian legal system in their efforts to combat transnational crime and recover lost assets which have been stashed in overseas tax havens by criminal offenders. Provided that the MLA Treaty is optimally implemented, then criminal offenders (particularly those engaging in crimes of corruption) should ultimately find it much more difficult to hide or protect their fortunes within Swiss bank vaults since the Swiss Government is now legally obliged to assist with any Indonesian criminal investigations
Even though a party may have already registered a trademark, it is important that they attempt to keep track of the utilization of said mark in order to ensure that it does not fall prey to any unlawful utilization and will not ultimately require the party in question to seek eradication or cancellation