If ultimately enforced, this Draft Bill will repeal and replace Indonesia?s decade-long umbrella copyright framework, specifically Law No. 28 of 2014. In addition to newly recognizing copyright protection for works that make use of Artificial Intelligence (AI) technologies, the Draft Bill broadens the responsibilities of digital platforms that facilitate the trade and distribution of copyrighted works. The Draft Bill also introduces the National Collective Management Committee as the centralized agency responsible for the collection and distribution of royalties.
If it is ultimately enforced, then this Draft Regulation will further clarify certain aspects relating to electrical power supply businesses, be they publicly or privately owned, and will also incorporate electric motorized vehicle (Kendaraan Bermotor Listrik/KBL) charging businesses onto the official business list. The Draft Regulation will also introduce so-called ?environmental attributes?, which will apply to holders of business permits for supplies of electrical power through new and renewable energy power plants, as well as a detailed set of administrative fines that can be imposed in response to non-compliance.
The Draft Regulation will officially establish a government agency responsible for the oversight of personal data protection (?PDP?) within Indonesia (?PDP Agency?), as initially mandated under the framework of Law No. 27 of 2022 (?Law 27/2022?). In essence, the Draft Regulation is set to expand the scope of various core functions of the agency, as originally mandated under Law 27/2022, through the incorporation of several government-related functions.
Training on the Prevention and Handling of Crimes of Sexual Violence (Tindak Pidana Kekerasan Seksual ? ?TPKS?) (?Training?) encompasses planning, implementation and finally monitoring, evaluation and reporting stages. Planning involves the organization of qualified instructors and an andragogical curriculum with stipulated modules that stretch to a minimum duration of 38 hours, as well as adequate facilities and financing. The Implementation of Training may involve in-class, distance or blended learning, should encompass various key aspects, including participants and certification, and requires a 90% attendance rate at the least, as well as the completion of all assignments. The curriculum encompasses nine subject areas, which, among other elements, include an introduction to TPKS, gender perspectives and their relation to sexual violence, as well as women?s and children?s rights regarding crimes of sexual violence.
If it is ultimately enforced, then this Draft Regulation is set to expand and detail guarantees that are provided by the government (?Government Guarantees?), which will comprise the following types: 1) Project Government Guarantees (for public service and joint-business partnerships); 2) Loan Government Guarantees (e.g. direct, catalytic and commercial loans); 3) Bond Government Guarantees; 4) Business Feasibility Government Guarantees; 5) Risk Assumption Government Guarantees; and 6) Government Guarantees for Primary Guarantors. Apart from having their maximum limits stipulated by the Minister of Finance, ring-fenced implementation (pemagaran risiko) is also set to be introduced for Government Guarantees, which will separate and restrict the use of funds that are allocated for guarantee purposes in order to ensure controlled fiscal exposure and the preservation of the government?s fiscal credibility.
Essentially, this new framework mandates enhanced due diligence in terms of the implementation of the Know-Your-Service-User Principle (Prinsip Mengenali Pengguna Jasa/PMJP) by notaries. This includes expanded identification obligations that cover service users (?Users?), authorized representatives and Beneficial Owners (?BO?), as well as the ongoing screening of Users and BO against certain designated lists, including lists that address terrorism and proliferation of weapons of mass destruction financing. In order to strengthen enforcement in this regard, the new framework clarifies the various forms of administrative sanctions that can be imposed in response to any non-compliance. Said sanctions range from written reprimands to dishonorable dismissals. Furthermore, the new framework has also introduced an account-blocking mechanism for accounts that are held at the official website of the Directorate-General of General Legal Administration (Administrasi Hukum Umum/AHU), which can be applied in certain circumstances.
Banks must now submit their Banking Restructuring Program (Program Restrukturisasi Perbankan/PRP) premium (?Premiums?) calculations prior to completing any Premium payments. Specifically, Rural Banks (Bank Perekonomian Rakyat ? ?BPR?) and Sharia BPR (BPR Syariah ? ?BPRS?) are required to ensure that their Premium payments match the exact amounts stated for the relevant virtual account numbers. Additionally, various partner banking applications and virtual account structures have been updated in order to ensure seamless integration into the latest payment systems. This should hopefully enhance the overall efficiency of the payment process.
Shares and securities listing requirements will be updated in order to enhance both eligibility and post-listing obligations. These updates include an increase in the minimum free-float level to 15%, which must be maintained for a period of one year after listing, up from the previous threshold of 7.5%. In addition, prospective listed companies will be required to employ qualified accounting personnel and will also have to provide continuous corporate governance training programs for their board members. Furthermore, if companies are initially loss-making, then they will have to achieve both operating and net profits within two years of their listing.
If ultimately enforced, then this Draft Regulation will offer clear guidance regarding the labeling of products containing non-halal materials or that are produced through non-halal processes. The Draft Regulation applies various criteria based on materials and production processes and also regulates the placement of and visual standards for non-halal information. In addition, the new framework provides exceptions or alternative formats for specific products or products that are sold in small packaging.
If ultimately enforced, this Draft Bill will address rapid growth in the digital economy and the rise of app-based work. The new framework will specifically govern the rights and obligations of gig workers, including the classification of nine service categories, written service agreements, social security, occupational health and safety protections, and the resolution of disputes through the Tribunal. The new framework will also ensure that any agreements that are deemed detrimental to the interests of gig workers will be declared null and void.