Legal Compliance for E-Commerce Company

”The Parties that conduct E-Commerce activity has legal compliance including specific license, namely SIUPMSE, obligation to have Electronic System Provider Certificate, use an Indonesian domain name (dot id), and so forth.” To face the growth of Electronic Commerce (“E-Commerce”) activity in Indonesia, Indonesia Government has issued the Government Regulation No. 80 of 2019 on Commerce […]

Types of Business Activities Covered by Web Portal

“As a relatively recent business field in Indonesia, the operation of Web Portal has not been thoroughly or specifically regulated. However, considering the enormous scope of the business field, multiple laws and regulations apply to the business field of Web Portal by inference.” In Indonesia, business fields are regulated in a standard classification. In an […]

Financial Technology on Payment System in Indonesia

“In according to PBI 19/2017, payment system includes activities of authorization, clearance, final settlement, and payment.” Financial Technology (“Fintech”) is innovation in the financial sector that can impact on monetary stability, financial system stability, and/or efficiency, fluency, security and reliability of the payment system. In connection with those impacts and to support Fintech innovation with […]

Merger and Acquisition: Legal Perspective in Corporate Actions

“In Indonesia, companies are entitled to endure company restructuration, including Merger and Acquisition. While these corporate actions may solely derive from a business strategy, there are multiple legal aspects that must not be overlooked.” Pursuant to the Law No. 40 of 2007 concerning Limited Liability Company (“Company Law”), Merger is defined as a legal action […]

The Obligation of E-Commerce to Have a Representative Office

“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 […]

Procedure Consumer Due Diligence for Fintech Company

“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 […]

An Update on The Affiliation Transaction and Conflict of Interest

“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 […]

Intellectual Property Rights in the Medical Industry

“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 […]

Outsourcing Contract

“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 […]

An Update on The Material Transaction

“OJK issued the Regulation of OJK Number 17/POJK.04/2020 on Material Transactions and Alterations of Business Activities (“POJK 17/2020”). After six months from the POJK 17/2020 comes into force, the Decree of the Head of the Capital Market and Financial Institution Supervisory Agency Number. Kep-614/bl/2011 on Material Transactions and Alteration of Primary Business Activities, along with […]