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News & Analysis

Sheriff’s Expenses — The Requirement to Obtain Prior Sanction of the Court or the Sheriff

04 August 2022 by Shearn Delamore & Co - Rajasingam Gothandapani, Lynnette Tan Hui Ling

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling.

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

Opposition Proceedings under the Patents (Amendment) Act 2022

11 July 2022 by Shearn Delamore & Co

In this article, Pravind Chandra looks at the new section 55A of the Patents (Amendment) Act 2022.

News & Analysis

Re Scomi Group Bhd: Judicial Management Not Available for Public Listed Companies?

23 June 2022 by Shearn Delamore & Co

In this article, Douglas Goh Peng Fong discusses whether a public listed company can apply for a judicial management order under Subdivision 2 of Division 8 (Corporate Rescue Mechanism) of Part III of the Companies Act 2016 (“CA”).

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

Defamation: When a drama is just a drama

06 June 2022 by Shearn Delamore & Co

It is common for fictional works to contain stylistic and creative choices and the use of artistic license. The question arises whether there is a limit to such creativity where life events intersect with such creativity.

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

DEAL OF THE MONTH - JAN 2022

16 February 2022 by asialaw

asialaw's Deal of the Month for January 2022 is...

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.