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News & Analysis

PDP Law Implementing Regulation Forthcoming, But Data Breach Fines Still Unclear

01 April 2024 by Makarim & Taira S

After multiple data breaches plagued Indonesia in 2023 and more than a year having elapsed since the enactment of Law No. 27 of 2022 on Personal Data Protection Law (“PDP Law”), the government is now preparing to release the law’s first implementing regulation, which will elaborate on fines for data leaks, but the specifics still remain uncertain.

News & Analysis

Makarim & Taira S. Appoints Reagan Roy as Newest Partner

15 March 2024 by Makarim & Taira S

Makarim & Taira S., a leading law firm known for its commitment to nurturing top legal talent, proudly announces the appointment of Reagan Roy as its newest Partner.

News & Analysis

New Financial Sector Omnibus Law: Capital Market, Money Market, and Forex Market

27 March 2023 by Makarim & Taira S - Indonesia

Our dedicated series on the P2SK Law continues with our latest Advisory, which explores the changes brought by Chapter V, amending the Capital Market, Money Market, and Forex Market. Following the enactment of the P2SK Law, we can expect many new implementing regulations in the financial sector. Participants in the financial markets should anticipate compliance changes and prepare to quickly adapt to any necessary adjustments.

News & Analysis

Overview of Private Investment to Indonesia’s New Capital City: Ibu Kota Nusantara (IKN)

27 March 2023 by Makarim & Taira S - Indonesia

The Government of Indonesia moves forward the development of Indonesia’s new capital city, namely Ibu Kota Nusantara (“IKN”) by issuing several underlying regulations to date in effort to encourage the participation of private sector in accelerating the infrastructure development of the IKN. One of them being the groundworks to implement the public-private partnerships in such development. With a total cost estimate of more than IDR460 trillion (or approximately USD30 billion), the five-stages development of IKN is targeted to be 80% funded from non-State Budget and therefore can be expected to attract private investors participation in it. This advisory provides an overview of the funding schemes and private sector participation in the development of IKN.

News & Analysis

Personal Data Protection Law: Cross-Border Transfer Requirements

24 March 2023 by Makarim & Taira S - Indonesia

Following our previous Advisory on Indonesia’s long-awaited Law No. 27 of 2022 on Personal Data Protection (the “PDP Law”) (view the Advisory here), this Advisory focuses on the transfer of personal data from Indonesia to other countries (cross-border transfers). The PDP Law is binding on all parties that process or control personal data in or outside Indonesia with a legal impact in Indonesia or on Indonesian data subjects. Companies must comply with the PDP Law to protect the rights of data subjects during cross-border data transfers. Full compliance is required by October 17, 2024, with a two-year transitional period as of the law's enactment.

News & Analysis

New Financial Sector Omnibus Law: Financing Service Businesses

28 February 2023 by Makarim & Taira S - Indonesia

Continuing on from our first advisory on the P2SK Law, we delve deeper into its provisions with a specific focus on Chapter X, which covers finance services businesses. This chapter applies to a variety of entities involved in finance services, including those providing peer-to-peer lending services, and aligns with the P2SK Law's aim of promoting technological innovation in finance services while protecting consumers.

News & Analysis

Indonesia’s Omnibus Law Focuses on Fintech Innovation

10 February 2023 by Makarim & Taira S - Indonesia

The enactment of Law No. 4 of 2023 on the Development and Reinforcement of the Financial Sector (“the P2SK Law”) has provided fresh air for technological innovation in financial services. At the same time, the P2SK Law also protects consumers and strengthens the financial sector amid rapid digital development. Specifically, we discussed Financial Sector Technological Innovation (Inovasi Teknologi Sektor Keuangan - “ITSK”) and the possibilities for it under the P2SK Law. This advisory is the first of many advisories in the P2SK Law dedicated series.

News & Analysis

Distribution of Video Games in Indonesia

20 December 2022 by Makarim & Taira S - Indonesia

Always wondered how age group ratings are determined in video games? Our latest advisory summarizes the key aspects of the Indonesian Game Rating System (IGRS) provided under Minister of Communication and Informatics Regulation No. 11 of 2016 on The Classification of Interactive Electronic Games.

News & Analysis

Indonesia’s Competition Authority Takes SME Partnership Supervision to a New Level

11 November 2022 by Makarim & Taira S - Indonesia

The year 2022 marks a historic era for Indonesia’s Business Competition Authority (“KPPU”) as it is the year KPPU ruling on Partnerships involving Small Medium Enterprises (“SME”)’s passed. While stakeholders find it undisputed that SME Partnerships are distinct from competition matters, the prevailing laws and regulations provide that the supervision of SME Partnerships is borne by KPPU. Now that KPPU is actively enforcing that authority, business actors need be aware of and observe this issue moving forward.

News & Analysis

The New Requirement for Healthcare Facilities: Electronic Medical Records

17 October 2022 by Makarim & Taira S - Indonesia

The Indonesian Minister of Health has issued Minister of Health Regulation No. 24 of 2022 on Medical Records (“MOH 24/2022”), under which the MOH requires all healthcare facilities to keep electronic medical records. MOH 24/2022 allows, among other things, cooperation between a healthcare facility and a third-party electronic organizer and covers who may have access to electronic medical records.