With the ultimate aim of creating a modern, transparent and efficient case-administration system within the country's courts, the Supreme Court has updated and modernized the case-administration system with the introduction of an online system through the issuance of Regulation No. 3 of 2018 on the Administration of Cases in Courts via Electronic Means.
In order to provide a set of guidelines for the settlement of disputes involving overlapping and conflicting laws and regulations, and which could eventually hinder the development of investment, through non-litigation channels, the Ministry of Law and Human Rights has issued Regulation No. 32 of 2017 on Procedures for the Settlement of Disputes Involving Laws and Regulations through Non-Litigation Channels.
The Governor of the Special Capital Region of Jakarta recently updated the rules for the organization of advertisements by issuing Regulation No. 148 of 2017 on Implementing Guidelines for the Organization of Advertisings.
The Supreme Court has rendered Decision No. 31 K/Pdt/2017, which settles the citizens? lawsuit filed by 12 Indonesian citizens, who were being represented by the Rights-over-Water Advocacy Team acting as the claimant. The lawsuit was filed against the government (i.e., the President, Vice President, Ministry of Public Works and Ministry of Finance) and two private companies responsible for the management of the provision of water in the Special Capital Region of Jakarta (i.e., PT Aetra Air Jakarta and PT PAM Lyonnaise Jaya)
As part of its 16th Economic Policy Package to date, the Government has issued Presidential Regulation No. 91 of 2017 on the Acceleration of Business Operations, with the ultimate aim of reorganizing the current business licensing regime, as well as accelerating business operations within special economic zones, free-trade areas, industrial areas and tourism areas.
The government has issued Presidential Regulation No. 59 of 2017 on the Implementation of Sustainable Development Goals in a bid to meet the country?s commitment to the United Nations Sustainable Development Goals (SDG). Regulation 59/2017 sets out national targets for the 2017-2019 period through the National Medium-Term Development Plan (Rencana Pembangunan Jangka Menengah Nasional 2015-2019).
The Supreme Court has rendered Decision No. 37 P/HUM/2017 on the Petition for Judicial Review of Ministry of Transportation Regulation No. PM 26 of 2017 on the Organization of Non-Fixed-Route Public-Transportation Services. The recently rendered MA Decision annuls seven legal issues initially addressed under Regulation 26/2017 due to their conflicting with both the UMKM Law and Road Transportation Law.
Regardless of the controversy that currently rages regarding the issue of mass organizations in Indonesia, the government has nevertheless decided to press on and issue Government Regulation in Lieu of Law No. 2 of 2017 on the Amendment to Law No. 17 of 2013 on Mass Organizations in order to further regulates mass organizations operating within Indonesia. Perppu 2/2017 specifically sets out the following provisions: (1) Reclassifies prohibited acts; (2) Eliminates the requirement to obtain a court decision in order to dissolve mass organizations; and (3) Adds immigration sanctions for mass organizations which are established by foreigners.
The OJK has decided to address technical provisions for sustainable education programs for the BoDs and BoCs of securities companies through the issuance of Circular No. 20/SEOJK.04/2017 of 2017 on the Organization of Sustainable Education Programs for Members of Boards of Directors and Boards of Commissioners of Securities Companies Which Are Undertaking Business Activities as Securities Underwriters and/or Broker-Dealers. In essence, the Circular requires BoDs and BoCs of securities companies to participate in sustainable education programs at least once every two years.
With the objective of preventing and eradicating the criminal acts of money laundering and terrorism financing, the government is currently deliberating a Draft Presidential Regulation on the Implementation of the Know-Your-Beneficial-Owner Principle by Corporations for the Prevention and Eradication of the Criminal Acts of Money Laundering and Terrorism Financing. The Draft Regulation basically mandates that all corporations should keep track of their beneficial owners and introduces a number of mechanisms formulated for the implementation of the aforementioned know-your-beneficial-owner principle.