This week, we resume our discussion where we left off after the first part of this two-part edition of Indonesian Law Digest (ILD) on the public procurement of goods/services ("Procurement"), as addressed under the new Presidential Regulation No. 16 of 2018 on the Public Procurement of Goods and Services. In this second part we will address the remaining provisions, including the following highlights: 1) Implementation of e-reverse auctions; 2) Contract amendments, which apply to all types of contracts; 3) Utilization of the e-marketplace system for online Procurement; 4) New dispute-settlement mechanisms; and 5) New thresholds for international tenders/selections; and so forth.
Contracts are undoubtedly the most important element of Procurements. The various types of contracts which are available under the new framework have not been significantly changed, however, the classification of contracts has now been simplified.
Continuing the hottest legal issue in the criminal law, this edition of Indonesian Law Digest (ILD) will present the analysis on criminal provisions under the Draft Criminal Law Code 2018 ("RKUHP 2018") addressing these matters: 1) Consumer goods; 2) Pawnbroker; 3) Environmental law; 4) Secrecy disclosure; and 5) Fraudulent corporate acts. Eventually, the criminal provisions under RKUHP 2018 are not connected with the sectoral legal frameworks and fail to bring improvement in each business sectors, not to mention that the issue on the overlapping criminal provisions.
This edition of Indonesian Law Digest (ILD) will continue with our in-depth analysis of the Draft Criminal Law Code 2018 ("RKUHP 2018") within a business context. This time around, criminal provisions which relate to the following business sectors, as they are addressed by the RKUHP 2018, will be analyzed and compared with the existing legal frameworks: 1) Intellectual property; 2) Insurance; 3) Monopoly and unfair business practices (antitrust); and 4) Bankruptcy.
One of the most noticeable efforts made by the government was the introduction of the mandatory implementation of the know-your-customer ("KYC") principles for certain professions which are exposed to the risk of money laundering or terrorism financing. This effort marks a new chapter in terms of the national planning of AML/CTF programs, which no longer limits the implementation of KYC principles to financial-service institutions only.
the RKUHP 2018 also introduces no less than 190 articles of criminal provisions which will ultimately change the way that interested parties conduct business in Indonesia. This includes matters relating to corporate crime, anti-trust, intellectual property rights, bankruptcy, the environment, insurance, electronic information and technology, the legal profession and other related areas.
The government through the Ministry of Trade has now already issued 18 out of 21 new regulations which were formulated in order to address the import-and-export sector. According to these new regulations, the government is hoping to reduce the bureaucratic obstacles to trade through the implementation of a post-border scheme.
In order to boost the popularity of KIK - DIRE among investors, the government recently introduced two KIK - DIRE-related economic policy packages. The first of these packages, which was the current government's fifth, exempted double-taxation on KIK - DIRE. Subsequently, the government's 11th economic policy package offered facilities relating to both income-tax and Acquisition of Land and Building Rights Duty Fees.
Recognizing the desperate need to reform Indonesia's licensing framework, around the turn of the millennium, the Indonesian Government set up various online licensing services in a bid to cut through the endless red tape, reduce licensing fees and provide adequate levels of data management and transparency for businesses.