In addition to further clarifying the types of functions that may be carried out by Central Counterparties ("CCP"), Regulation 9/2024 newly requires said institutions to comply with applicable international principles and/or standards that specifically relate to the organization of CCP within one year of a given CCP securing its business permit from Bank Indonesia ("BI"). Moreover, Regulation 9/2024 newly outlines various responsibilities and obligations that must be borne by any CCP that act as agents for transaction actors after the commencement of the financial transaction ("Tri-Party Agents").
Foreign exchange market participants ("Participants") who are involved in derivative transactions can now utilize smart contracts, which should include the automated execution of rights and obligations and which should be properly documented. However, prior to employing any smart contracts, commercial banks ("Banks") must first consult with Bank Indonesia by submitting formal requests through e-mail. In addition, any Banks that choose to utilize said contracts will be required to maintain certain levels of governance, ensure the security and reliability of their systems, protect the confidentiality of data and guarantee central bank access to relevant information.
The components of Gross-Split, Profit-Sharing Contracts ("Profit-Sharing Contracts") will be utilized in order to determine and adjust the profit-sharing elements of Profit-Sharing Contracts, which encompass: 1) Initial profit-sharing ("Base Split"); 2) Variable and progressive components for conventional oil and natural gas; and 3) Fixed variable components for unconventional oil and natural gas. The Base Split will serve as the fundamental reference for determining and adjusting the relevant contractors profit share. The Decree also specifies the following Base Splits for Profit-Sharing Contract components: 1) 53% of crude oil for the state and 47% for the contractor; and 2) 51% of natural gas for the state and 49% for the contractor.
Value-Added Tax ("VAT") Incentives for Transfers of Landed Houses and Units in Apartment Buildings Borne by the Government (Pajak Pertambahan Nilai yang Ditanggung Pemerintah "PPN DTP") are available for transfers of property at the time of signing of sale and purchase deeds prepared by land deed officials or fully paid sale and purchase agreements that are signed before notaries. Furthermore, all such transfers must be completed between 1 September 2024 and 31 December 2024 and must be followed by actual handovers of the relevant rights to ready-to-occupy landed houses (rumah tapak) and units in apartment buildings (rumah susun) (collectively referred to as "Properties"), as documented during this period in official handover reports.
Halal certificates will have indefinite validity, eliminating the need for regular renewals, provided that no modifications are made to the relevant materials or production processes. Should any changes arise, then an application for an updated certificate must be submitted electronically along with the required documentation. For foreign products, certification can be applied for via an importer or authorized representative based in Indonesia, especially in cases where a halal certification body is not available in the country of origin. Additionally, the renewal timeline for foreign halal certificates is also set to be adjusted, requiring submissions to be completed at least 60 days prior to the relevant expiration dates.
Non-hazardous and non-toxic (Non Bahan Berbahaya dan Beracun "Non-B3") waste to be used as industrial raw materials ("Non-B3 Waste") in the form of scraps or residues may be imported if the relevant industrial companies with Manufacturer Importer Identification Numbers (Angka Pengenal Importir Produsen "API-P") ("API-P Industrial Companies") have secured import approvals (Persetujuan Impor "PI") from the Minister of Trade. However, in order to secure said PI, relevant API-P Industrial Companies must first secure recommendations for the importation of Non-B3 Waste ("Recommendations") from the Minister of Industry.
This new Regulation has now redefined the ability to initiate auctions of transmission segments and/or areas that will be used as part of natural gas distribution networks (collectively referred to as "Facilities"). In this regard, the Downstream Oil and Gas Regulatory Agency (Badan Pengatur Hilir Minyak dan Gas Bumi "BPH Migas") may initiate auctions for distribution networks with existing pipeline infrastructure, while both BPH Migas and business entities may initiate auctions for networks without any existing infrastructure. Moreover, entities that participate in auctions of Facilities without any existing infrastructure must demonstrate adequate technical and financial capabilities for the construction of new pipelines.
The Draft Regulation has now expanded the list of supporting professions that are permitted to operate within the financial sector ("Supporting Professionals"). Said professions will soon include: 1) Practicing accountants; 2) Sharia financial services experts ("Sharia Experts"); and 3) Other professions, which will be further determined by the OJK. Furthermore, the Draft Regulation has now revised and compiled the obligations that must be met by Supporting Professionals into a unified list of professional obligations that will apply to all types of Supporting Professionals.
The Draft Regulation specifies that nutritional value information (Informasi Nilai Gizi "ING") labels must be affixed to the fronts of the packaging of relevant processed food products ("Products"). Labels should feature the following information and markings: 1) Nutri-Level (i.e. label that indicates the total sugar, salt and fat [Garam, Gula dan Lemak "GGL"] content of a Product); and 2) Healthier Choice Logo (i.e. logo that may be affixed to any Products that meet the nutrition profile criteria stipulated for each Product type). The above-mentioned Nutri-Levels comprise four levels that relate to the total GGL content of Products (ranging from level A to level D).
Any disputes that arise between digital platform companies ("Companies") and press companies may be resolved through a wide variety of alternative dispute resolution mechanisms, while a committee that is ultimately responsible for ensuring that the obligations of Companies are fulfilled ("Committee") will act as a facilitator in relation to any disputes that have been selected for resolution via a mediation mechanism. Moreover, the new framework of Regulation 4/2024 has now clarified the implementation of the obligation of Companies to support quality journalism, which includes the mandatory drafting of journalistic code of ethics assessments whenever they receive complaints that relate to alleged violations committed by Companies.