Differences between Arbitration Agreement and Arbitration Clause

“While arbitration clause is included within a written agreement between the parties, an arbitration agreement is an agreement made after a dispute has arisen between the parties. Without any arbitration clause or arbitration agreement, the dispute shall be settled by the district court by default.” Arbitration is a way of settling a civil dispute outside the general court based on an arbitration agreement or arbitration clause made in writing by

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Legal Due Diligence for Capital Market Sector in Indonesia

“Regarding to Capital Market and Public Companies sector in Indonesia, there are additional requirements for legal consultants to be eligible to conduct LDD as required by The Indonesian Financial Services Authority (“OJK”). Legal Due Diligence (“LDD”) can be seen as a procedure for mitigating risk. The risk referred to is closely related to the transaction to be carried out by the parties. LDD objectives is to comprehensively identify company or

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Update: Manpower Issues in the New Job Creation Regulation (PERPPU)

“In the New Job Creation Regulation, it has been made more specific that the scale and structure of salary for employees must be made as a guidance for employees who have served 1 (one) year of service for the employer.” Following the judicial review of the Law No. 11 of 2020 concerning Job Creation (“Law 11/2020”), Indonesian government has promulgated Government Regulation in Lieu of Law No. 2 of 2022

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FUNDAMENTAL ASPECTS RELATED TO THE ESTABLISHMENT OF CONSTRUCTION COMPANY IN INDONESIA

“Based on the currently prevailing laws of Indonesia, licenses which are required to be obtained by construction companies in Indonesia have been modified, and the procedure of obtaining such licenses has been changed accordingly.” Overview of Company Establishment in Indonesia The abolishment of Law No. 11 of 2020 concerning Job Creation (“UUCK”) which has been replaced with the ratification of Government Regulation in Lieu of Law No. 2 of 2022

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Capital Requirements for Establishment of Limited Liability Company in Indonesia

Based on Article 41 of Law No 40 of 2007 concerning on Limited Liability Company (”Company Law”), Perseroan Terbatas or Limited Liability Company (“PT”) capital is authorized capital, issued capital, and paid-up capital. Whereas, authorized capital is the target amount of capital which is intended to be fulfilled by the PT. On the other hand, issued capital and paid-up capital are the capital which has already been subscribed by the

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