news & insights - Gaffar & Co. Law

The Obligation of E-Commerce to Have a Representative Office

September 15, 2020

“Ministry of Trade issued Ministry of Trade Regulation No. 50 of 2020 to regulate merchant, electronic service provider, and intermediary services (business actors) both inside and outside Indonesia which conducts/facilitates trade via electronic means (e-commerce) (“Permendag 50/2020”) mentioned that for an overseas electronic service provider which conducted transaction/shipping, i.e. more than 1.000 transaction/shipping annually, they are required to establish a representative trade office (KP3A) in Indonesia.” In this era of

Procedure Consumer Due Diligence for Fintech Company

September 10, 2020

“Customer Due Diligence (CDD) is activities conducted by Financial Service Provider to ensure thetransaction by the profile, characteristic, and/or transaction patterns of customers.” Customer Due Diligence (CDD) is activities (identification, verification, and monitoring) that conducted by Financial Service Provider (“Penyedia Jasa Keuangan” or “PJK”) to ensure the transaction in accordance with the profile, characteristic, and/or transaction patterns of prospective customer, customer, or walk-in customer (“customers”). Furthermore, Financial Service Authority (“Otoritas

An Update on The Affiliation Transaction and Conflict of Interest

September 8, 2020

“The OJK through POJK 42/2020 amended the prior regulation as defined in Regulation of Bapepam-LK (“Badan Pengawasan Pasar Modal dan Lembaga Keuangan” or “Bapepam-LK”) Number IX.E.1 of 2009 on Affiliation Transaction and Specific Conflict of Interest Transaction.” On July 2020, Financial Services Authority (“Otoritas Jasa Keuangan” or “OJK”) has stipulated Regulation of OJK No. 42/POJK.04/2020 on Affiliation Transaction and Conflict of Interest Transaction (“POJK 42/2020”). POJK 42/2020 has been an

Intellectual Property Rights in the Medical Industry

September 1, 2020

“In a sector heavily based on research and development, business actors in the medical industry must be able to distinguish each type of intellectual property rights to protect their interest properly.” As a sector dedicated to resolving health problems, the medical industry is heavily based on scientific research and development. Considering how it is expected to provide the most efficient healthcare for the consumers, business actors in the medical industry

Outsourcing Contract

August 24, 2020

“An outsourcing activity must commence appropriately by the Manpower Law and Ministerial Regulation No. 11 of 2019. Any violation of any kind shall result in an employment relationship between the Contracting Company and the workers provided by the Outsourcing Company.” Within the Law No. 13 of 2003 concerning Manpower (“Manpower Law”), a company may subcontract part of its work to another enterprise by entering into a written agreement for the

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The Obligation of E-Commerce to Have a Representative Office

Procedure Consumer Due Diligence for Fintech Company

An Update on The Affiliation Transaction and Conflict of Interest

Intellectual Property Rights in the Medical Industry

Outsourcing Contract