Indonesia:
Indonesia Quarterly Regulatory Updates - October 2021
27 October 2021
Nusantara Legal Partnership
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This is our executive summary of 20 newly enacted regulations on
various business sectors in Indonesia, enforced since 1 July
– 30 September 2021.
General Corporate
Sector |
No |
Regulation |
Summary |
1. |
Minister of Law and Human Rights
("MoLHR") Regulation No. 25 of 2021 on
Procedures of Registration, Amendment, and Removal of Fiduciary
Security ("MoLHR Regulation
25/2021")
Enforcement date:
19 July 2021
|
- MoLHR Regulation 25/2021 requires fiduciary applicants
(i.e., Fiduciary grantees, proxies, or
representatives) to obtain the right to access the electronic
system to register fiduciary security, amend fiduciary security
certificates, or remove the certificates through the fiduciary
security registration system (Art. 2 (1) and (2) of MoLHR
Regulation 25/2021.
- The fiduciary applicants include: (i) notaries; (ii)
corporations (i.e., in the banking industry, non-banking financial
industries, or other industries); and (iii) individuals (Art. 3 (2)
and (3) of MoLHR Regulation 25/2021).
|
2. |
MoLHR Regulation No. 26 of 2021 on Requirement and Procedure for
the Imposition of a Zero-Rupiah Tariff on Legal Services at the
Directorate-General of General Legal Administration
("MoLHR Regulation 26/2021")
Enforcement Date:
19 July 2021
|
- MoLHR Regulation 26/2021 requires the following services of the
Directorate-General of General Legal Administration
("Directorate-General") to be provided
at a zero-rupiah tariff: (i) provision of information on certain
data (regarding, e.g., limited liability
companies, foundations, associations, limited partnerships,
partnership firms, notary protocols, curators, wills,
fiduciary-related matters, political parties, citizenship,
citizenship statuses, and/or civil service investigators); (ii)
blocking and unblocking of access to the administrative system of
legal entities
- of limited liability companies, foundations, and/or
associations; (iii) provision of information on the electronic and
non-electronic capture and identification of fingerprints; and/or
(iv) citizenship and citizenship status (Art. 2 (2) of MoLHR
Regulation 26/2021).
- The implementation of zero-rupiah tariff is based on: (i)
applications; (ii) Memorandum of understanding; and/or (iii)
Cooperation Agreements/ Perjanjian Kerja Sama (PKS) (Art.
3 of MoLHR Regulation 26/2021).
- An applicant (see point (i) above) should submit a written
application for the zero-rupiah tariff to the Director-General that
will reply to the relevant applicant within a maximum period of 30
business days after duly receiving the application (Art. 4 (1) of
MoLHR Regulation 26/2021).
|
3. |
Minister of Investment/Investment Coordinating Board or
Badan Koordinasi Penanaman Modal
("BKPM") Circular Letter No. 18 of 2021
on the Amendment to Minister of Investment Circular No. 17 of 2021
on The Transition of Business Licensing Operation to Risk-Based
Business Operation through OSS System. ("BKPM CL
18/2021)
Enforcement Date:
29 July 2021
|
- BKPM CL 18/2021 amends some details on business activities and
the Indonesian Standard Industrial Classification Codes/
Klasifikasi Baku Lapangan Usaha Indonesia
("KBLI") in connection with the
implementation of the new risk-based business licensing through the
Online Single Submission system.
- Several changes and revisions in BKPM CL 18/2021 include, among
others, the account and audit activities are now under the Ministry
of Finance (previously under the Ministry of Tourism and Creative
Economy), toll road activities are now under the Ministry of Public
Works and Public Housing (previously under the Ministry of
Transport). Given the revisions, the system would be updated
accordingly.
|
Manpower Sector |
4. |
Minister of Manpower ("MoM")
Regulation No. 15 of 2021 on Procedure for the Provision of
Unemployment Insurance
("MoM Regulation 15/2021")
Enforcement Date:
28 July 2021
|
- The Unemployment Insurance benefits consist of cash payments,
access to job marker information, and access to work trainings
(Art. 2 of MoM Regulation 15/2021).
- Benefits are granted to participants who had their employment
terminated, with working relationships based on work agreements
under specified timeframes (PKWT), or unspecified timeframes
(PKWTT). JKP (the unemployment insurance) participants should want
to work again in the future.
- Work trainings will be granted to participants who have not
been reemployed and have been recommended by the employment agency
or inter-employment officers to join the work trainings (Art. 17 of
MoM Regulation 15/2021).
|
5. |
MoM Circular Letter No. M/9/HK.04/VII/2021 on Optimization of
Health Protocols in the Workplace and Provision of Health
Essentials and Facilities for Workers/Laborers by Companies during
the Corona Virus Disease Pandemic ("MoM CL
M/9/HK.04/VII/2021")
Enforcement Date:
3 July 2021
|
- Under MoM CL M/9/HK.04/VII/2021, the Minister of Manpower
requires governors across the country to urge business actors
to:
-
- optimize the implementation of MoM Circular No.
M/7/AS.02.02/V/2020 on Business Continuity Plan during COVID-19
Pandemic and COVID-19 Transmission Prevention Protocol for
Companies;
- comply with the Enforcement of Community Activity Restrictions
(Pemberlakuan Pembatasan Kegiatan Masyarakat);
- support the government policies on COVID-19 vaccination
programs by encouraging and facilitating their workers/employees to
get the vaccine shots;
- provide sufficient health essentials, including masks, hand
sanitizers, supplements, and other related services in their
companies for their workers/employees on a regular basis.
- optimize the role of Committees for Occupational Safety and
Health/ Panitia Pembina Keselamatan dan Kesehatan Kerja
("P2K3") in their companies. Otherwise,
companies should establish a task force for COVID-19 handling and
coordinate with the regional task force.
|
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