In May 2017, the Ministry of Energy and Mineral Resources created a milestone within the minerals and coal sector by issuing Regulation No. 34 of 2017 on the Licensing of Minerals and Coal. In essence, this regulation simplifies a number of provisions which deal with licensing within the minerals and coal sector and which were formerly addressed under several different regulations. By issuing this regulation, the government is hoping that the investment climate within the sector will immediately show marked signs of improvement.
Prevention is better than a cure. So the old adage goes, and this applies equally to the issue of blocking terrorism financing, as opposed to attempting to capture and prosecute terrorists after appalling acts have already been carried out. This edition of ILD will analyze Indonesias regulatory framework as regards the prevention of terrorism financing within the financial-service sector, including current trends and issues which relate to the thorny problem of terrorism financing that we believe it is vital to pay attention to.
This edition of ILD aims to offer a little insight into various domestic and international legal frameworks which address the thorny issue of bribery, and also offers a brief discussion as to why any companies operating within Indonesia should also be aware of and comply with the USAs Foreign Corrupt Practices Act and the UKs Bribery Act, as two of the worlds leading anti-bribery frameworks.
In April 2017, the Ministry of Energy and Mineral Resources was responsible for a milestone within the industrial oil-and-gas sector by issuing Regulation No. 29 of 2017 on the Licensing of Oil-and-Gas Business Activities. This regulation basically simplifies a number of provisions which address licensing within the oil-and-gas sector and which were formerly addressed under several different regulations. By issuing this regulation, the government is hoping that the investment climate within the oil-and-gas sector will soon show signs of improvement.
What requirements have to be met in order to establish a hospital in Indonesia? Can pharmaceutical manufacturers and distributors become single companies under a single license? This edition of Indonesian Law Digest will address these and other questions, as it tackles the legal framework that covers Indonesias health industries and the anatomy of the countrys health sector.
What types of fisheries businesses operate within Indonesia? Is the Indonesian fisheries sector open to foreign capital? How many layers of licenses are required before a business can commence operations? This edition of ILD will examine the basics of Indonesias fisheries sector and hopefully help you to negotiate any imminent business decisions.
In response to the issuance of Law No. 9 of 2016 on the Prevention and Control of Financial-System Crises, the Financial Services Authority (OJK) has just issued three new regulations simultaneously, specifically (1) OJK Regulation No. 14/POJK.03/2017 on Recovery Planning for Systemically Important Banks; (2) OJK Regulation No. 15/POJK.03/2017 on the Stipulation and Follow-Up of Commercial-Bank Supervision; and finally (3) OJK Regulation No. 16/POJK.03/2017 on Intermediary Banks. The above three regulations have been introduced in a bid to ensure the stability of the Indonesian financial system by specifically regulating the supervision of commercial banks, mandatory recovery planning and also intermediary banks.
As we reached the end of this first quarter in 2017, the Ministry of Transportation has issued the highly contentious Regulation No. PM 26 of 2017 on the Organization of Non-Fixed-Route Public-Transportation Services, which becomes the new framework for the organization of said transportation services, including application-based transportation services. This regulation repeals and replaces the previous framework originally set out under Ministry Regulation No.PM 32 of 2016 on the same matter and is attempting to offering greater legal certainty for the organizers of both non-fixed-route, public-transportation services in general, and application-based transportation services in particular. In this context, the new framework incorporates a number of essential revisions which relate to at least 11 areas, including: the categorization of application-based transportation services, minimum engine capacities for vehicles which are utilized for the provision of said services, vehicle quotas, roadworthiness inspections and requirements for digital dashboards. This edition of ILD will elaborate upon the key provisions which are addressed throughout the 72 Articles which have been incorporated into Regulation 26/2017, specifically the inclusion of various categories and criteria for each type of non-fixed-route, public-transportation service and their vehicles, as well as the licensing requirements and procedures which have to be met by the organizers of said services. A number of other provisions which have to be met by online transportation application providers are also addressed by the regulation, as are sanctions for any violations relating to the organization of non-fixed-route transportation services.
A wave of innovation took hold of the financial sector in the wake of the global financial crisis of 2008-2009 when previously time-consuming, lengthy and rigid banking procedures made way for more inventive lending and borrowing options. The result was the rise of so-called peer-to-peer (P2P) lending, which offered simplified and expedited procedures, speedy lending decisions and better interest-rate deals for borrowers, as well as lenders. In a bid to shed a little light on P2P lending, this weeks edition of Indonesian Law Digest (ILD) will analyze and address several of the key areas which relate to this field, including a general outline of P2P lending and P2P lending within Indonesia.
A new Draft Government Regulation on Food Labeling and Advertising is currently being cooked up in the governments legislative kitchen in a bid to improve consumer protection. In essence, the Draft Regulation sets out in greater detail the information that both should and should not be listed on food labels or addressed by advertisements for food products, with public participation taking center stage as the primary key to achieving greater public awareness.