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News & Analysis

Legal Alert: Indonesia – New Merger Filing Regulation

13 April 2023 by SSEK Law Firm

Indonesia’s competition authority, the KPPU (Komisi Pengawas Persaingan Usaha), has issued a new merger filing regulation, KPPU Regulation No. 3 of 2023 regarding Evaluation of Merger, Consolidation, or Acquisition of Shares and/or Assets which May Result in Monopolistic Practices and/or Unfair Competition (“KPPU Reg 3/2023”). Because this regulation is so new, certain provisions may require further clarification. Nonetheless, based on the text of the regulation, the following appear to be the biggest changes under KPPU Reg 3/2023

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

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

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

SSEK Proudly Announces Brand Refresh

14 February 2023 by SSEK Legal Consultants

SSEK is pleased to announce a brand refresh including a redesign of the firm’s logo, website, and communications. We also have updated our name to SSEK Law Firm.

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

Melli Darsa & Co. changes name to PwC Legal Indonesia

19 January 2023 by PwC Legal Indonesia - Indonesia

Melli Darsa & Co., Advocates & Legal Consultants (MDC), is changing its name to PwC Legal Indonesia, effective 19 January 2023.

News & Analysis

SSEK Assists TSH Resources Berhad with Large Indonesia Land Disposal

19 January 2023 by SSEK Legal Consultants

SSEK Legal Consultants has assisted TSH Resources Berhad, one of the largest Malaysia-based oil palm plantation groups, with the disposal of land covering more than 13,000 hectares in North Kalimantan, Indonesia, for a total of approximately IDR 2.42 trillion or US$162 million, as has been reported.

News & Analysis

Manufacturer and Distributor Provisions based on GR No.29/2021 and MOT Regulation No.24/2021

14 October 2022 by Melli Darsa & Co - Indonesia

Last year, the Minister of Trade (“MOT”) issued the MOT Regulation No. 24 of 2021 (“MOT Regulation 24/2021”) on Agreements for Distribution of Goods by Distributors or Agents, which revokes and replaces the MOT Regulation No. 11/M-DAG/PER/3/2006 (“MOT Regulation 11/2006”). MOT Regulation 24/2021 was issued as an implementing regulation of Government Regulation No. 29 of 2021 on Implementation of the Trade Sector (“GR 29/2021”).