Category: Article

Arbitration as Alternative Dispute Settlement in the Capital Market

Arbitration as Alternative Dispute Settlement in the Capital Market Arbitration-as-Alternative-Dispute-Settlement-in-the-Capital-Market

“ Arbitration as an alternative dispute settlement forum has unique characters that consider more beneficial to the business actor than dispute settlement in the court.” In Indonesia, legal disputes can be settled in or outside the court. The process of dispute settlement in court is usually referred to as litigation, while the process of dispute […]

Highlight Aspects Obtaining Payment Gateway License in Indonesia

Highlight Aspects Obtaining Payment Gateway License in Indonesia Procedure Obtaining Payment Gateway License in Indonesia

“Several aspects must be fulfilled to obtain a Payment Gateway License, including institutional, capital and finance, risk management, and information system capability.” Payment gateway is included in Payment Service Provider (“PJP”) as payment initiation and/or acquiring services. Payment gateway must get licensing from Bank Indonesia (“BI”). The provision of payment gateway, including the procedure on […]

The Difference Between Holding Company and Venture Capital

The Difference Between Holding Company and Venture Capital The Difference Between Holding Company and Venture Capital

Author: Felicia Cindy Hanubrata “Holding companies and venture capital are permitted activities for foreign direct investment; however, their activities, requirements and conditions for their establishment vary.” Holding Company, its establishment and permits A holding company is a company that controls the assets of a group of subsidiary companies. Their main activity is ownership of the […]

Renewable Energy in Indonesia

Renewable Energy in Indonesia Renewable Energy in Indonesia

Author: Kristalia Andiani Puteri and Felicia Cindy Hanubrata ” The current laws primarily focus on using renewable energy as sources of electrical power and fuel (bioenergy). Under the new regime, investment in the energy and power plants sector is 100% open to foreign capital investment”. The concept of renewable energy was introduced in Law No. […]

Employee Termination Due to Company’s Acquisition

Employee Termination Due to Company’s Acquisition Employee Termination Due to Company’s Acquisition

“Conducting an acquisition may result in employee termination. As the result of the termination of an employee for the company’s acquisition, the company shall give severance pay, tenure awards, and compensation per enacted law and regulation. Uniquely, there are conditions when the acquisition leads to changes in the work requirements, and the employee does not […]

Holding Director Positions in Multiple Companies

Holding Director Positions in Multiple Companies Holding Director Positions in Multiple Companies

“The board of directors has a significant role as one of the company’s organs. Therefore, to avoid conflict of interest and monopolistic practices, some regulations prohibited for holding dual director positions in multiple companies.” Company can be defined as legal entity that can carry out legal actions. However, in its implementation, the Company acts represented […]

Update on Investor Staying Permit and Impacts on Corporate Matters (Part 1): Potential Acquisition Process

Update on Investor Staying Permit and Impacts on Corporate Matters (Part 1): Potential Acquisition Process Update on Investor Staying Permit and Impacts on Corporate Matters (Part 1): Potential Acquisition Process

“Upon the new regulation concerning the Investor ITAS, foreign investors must invest IDR 10 billion to have staying permit in Indonesia. It can possibly result in inadvertent acquisition process for companies.” In August 2023, the government of Indonesia has promulgated a new regulation in which it is stated that the requirements for a foreign investor […]

Knowing the Directorship Agreement in Indonesia

Knowing the Directorship Agreement in Indonesia Knowing the Directorship Agreement in Indonesia

“As one of the company’s organs, the tasks of the Board of the Directors are determined by the Articles of Association of the company, and if needed, they may engage in the Directorship Agreement.” Limited-Liability Company (“Company”) can be defined as a legal entity that take form of a capital partnership and established based upon […]

Director’s Role and Duties in Indonesia

Director’s Role and Duties in Indonesia Director’s Role and Duties in Indonesia

“In the dynamic business environment of Indonesia, a director plays a pivotal role in the future of a limited liability company. Directors are entrusted with significant responsibility in the governance and management of the company. Thus, directors must adhere to their duties and responsibilities.”  Regulated by Law No 40 Year 2007 on Limited Liability Companies […]

Reasons and Procedure for Annulment of Arbitral Award

Reasons and Procedure for Annulment of Arbitral Award Reasons and Procedure for Annulment of Arbitral Award

An application to annul an arbitral award may be made if the award is alleged to contain the following elements: (a) letters or documents submitted in the hearings which are admitted to be forged or are declared to be forgeries after the award has been rendered; (b) documents are found after the award has been […]