The forthcoming Draft Amendment, which is set to amend the current framework on the Right to Cultivate (Hak Guna Usaha "HGU"), the Right to Build (Hak Guna Bangunan "HGB") and the Right to Use (Hak Pakai) for lands (collectively referred to as "Land Rights"), offers greater legal certainty as regards the extension and renewal of Land Rights by making a number of revisions to the existing framework and ensuring that certain scenarios that include significant changes (e.g. changes to spatial plans) will not halt the processes involved in the extension or renewal of Land Rights.

Business actors who fail to affix health warnings and product information to their tobacco and electronic cigarette products (collectively referred to as "Tobacco Products"), specifically to both their packaging and advertisements, may now face administrative sanctions that range from the withdrawal of tobacco products to fines and temporary bans on the advertising of tobacco products.

Business actors operating within the financial services sector (Pelaku Usaha Jasa Keuangan "PUJK") are required to draft and submit self-assessment reports to the Financial Services Authority (Otoritas Jasa Keuangan "OJK") on their compliance with various consumer and public protection obligations ("Self-Assessments"). Said Self-Assessments should be drafted by filling out information in working papers that relate to nine specific aspects that include: 1) Consumer data and information protection; 2) Offered products and/or services; and 3) Complaints and dispute resolution mechanism for the relevant products and services.

The Minister of Environment and Forestry ("Minister") has issued this new Regulation in order to ensure legal protections across a wide range of areas that relate to active involvement in the promotion and protection of the environment in an effort to safeguard the right of citizens to enjoy a healthy, acceptable environment. This Regulation recognizes a range of different actions that qualify as ways to safeguard the right to a healthy environment, including the reporting of environmental damage and the provision of education to the general public.

The various types of business activities that Organizers of Aggregations of Financial Services (Penyelenggara Agregasi Jasa Keuangan "PAJK") may engage in include the following, among others: 1) Comparisons of product information and/or financial services for consumers; 2) Forwarding (penerusan) of potential consumer references to financial services institutions (Lembaga Jasa Keuangan "LJK") and/or parties that engage in activities within the financial services sector; 3) Provision of supporting services to LJK and/or parties that engage in activities within the financial services sector that relate to the distribution of financial products and/or services to consumers.

In comparison with the now-revoked Regulation of the Government No. 42 of 2007 on Franchises, the new framework of Regulation of the Government No. 35 of 2024 on Franchises has redefined the various parties that are classified as Franchise Organizers, which now include both domestic and foreign organizers, as well as regular and advanced franchises. Moreover, the new framework has redefined the applicable criteria that must be met in order for a business to be classified as a franchise, which now break down as follows: 1) Must have a business system in place (i.e. operational and procedural standards); 2) Must have secured revenue, as proven through the length of the relevant business activity period and an audited financial statement; 3) Must have secured recorded or registered intellectual property; and 4) Must provide continuous support to their franchisees.

In order for representatives of foreign countries, international organizations and their officials to secure value-added tax (Pajak Pertambahan Nilai/PPN) or luxury good sales tax (Pajak Pertambahan Nilai dan Pajak Penjualan atas Barang Mewah/PPnBM) exemptions ("Tax Exemptions"), the aforementioned parties must now fulfill the following requirements: 1) Must be a foreign citizen; 2) Must reside in Indonesia; 3) Must have secured a tax identification number (Nomor Pokok Wajib Pajak/NPWP); and 4) Must have secured an approval to carry out a duty or occupy a position in Indonesia from the relevant Minister.

While maintaining the list of mandatory information that must be affixed to regular cosmetics products that features under the current regulatory frameworks, the Draft Regulation has now specified a list of information that is required to be affixed to refillable cosmetics products. Said information includes: 1) The name of the cosmetics product; 2) Detailed name and address of the relevant cosmetics refilling facility; 3) Refill date; 4) Batch number; and 5) Expiration date

Set to consolidate a total of 23 currently applicable frameworks on the administration and management of higher education institutions, the Draft Regulation retains a majority of the core provisions, requirements and permits that are required to organize said institutions. In this regard, the Draft Regulation broadly covers the following aspects: 1) Responsibilities, duties, and authorities during the administration of higher education; 2) University statutes; 3) Organization of educational institutions; 4) Degrees, diplomas and professional certificates; and 5) Lecturers and educational staff

Organizers of Asset trading may only commence business operations after the relevant board of directors has first secured a business license by submitting an application to the OJK. However, it should be noted that the documents required to be submitted with all applications differ significantly depending on organizer type. Said requirements are broadly summarized in this edition of Indonesian Legal Brief.