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Showing 21 - 30 of 57 for "Makarim%20%26%20Taira%20S" with applied filters

News & Analysis

Update on the Registration Obligation of Private Electronic System Organizers

28 July 2022 by Makarim & Taira S - Indonesia

Under Government Regulation 71 of 2019 on the Implementation of Electronic Systems and Transactions, Electronic System Organizers (“ESO”) are required to be registered with the Ministry of Communication and Informatics (“MOCI”). In addition, under MOCI Regulation 5 of 2020 (as amended by MOCI Regulation 10 of 2021), this registration obligation must be complied with within 6 months of OSS-RBA licensing coming into effect.

News & Analysis

Regulation on The Taxation of Financial Technology Implementation Services

13 July 2022 by Makarim & Taira S - Indonesia

In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022. This regulation mainly covers Income Tax on Peer-to-Peer and Value Added Tax on financial technology service transactions.

News & Analysis

Amendments on The Establishment, Management, Supervision and Dissolution of State-Owned Enterprises

15 June 2022 by Makarim & Taira S - Indonesia

President Joko Widodo has signed Government Regulation No. 23 of 2022 (“GR No. 23/2022”) on Amendments to Government Regulation No. 45 of 2005 on The Establishment, Management, Supervision and Dissolution of State-Owned Enterprises. GR No. 23/2022 focuses on amending several provisions of GR No. 45/ 2005, particularly regarding senior officers and employees of State-Owned Enterprises (“BUMN”).

News & Analysis

Updates on the Procedures for Obtaining Construction Business Entity Certificates (SBU)

21 February 2022 by Makarim & Taira S - Indonesia

The Ministry of Public Works and Housing (“MPW”) has issued the Circular Letter No. 21/SE/M/2021 on The Procedures for Fulfillment of the Business License Requirements, the Implementation of Construction Work Competence Certification, and the Implementation of Business Entity Certificates and Construction Work Competence Certificates (“Circular Letter”). Previously, the construction licensing is scattered into a few online platforms, such as the MPW’s online portal and Integrated Construction Services Information System (“SIJK”).

News & Analysis

Grounds for the Annulment of Domestic Arbitration Awards in Indonesia (Recent Development)

26 January 2022 by Makarim & Taira S - Indonesia

Following the issuance of Constitutional Court Ruling No. 15/PUU-XII/2014 dated 11 November 2014, up until now, no clear guidance has been provided on the use of Article 70 of the Arbitration Law (Law No. 30 of 1999) ie, the reasons for which an arbitration award can be annulled. This advisory discusses the recent development in the interpretation of Article 70 of the Arbitration Law by the Indonesian courts.

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.