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Archive for August 2017

IMPORTANT POINTS ON INVESTIGATION OF BUSINESS COMPETITION CASES

important-points-on-investigation-of-business-competition-cases

“Investigation is a series of activities conducted by investigator to obtain sufficient evidences as completeness and explication of Clarification Report, Report of Study Result, Research Result, and Supervision Result.” Before we discuss the steps and procedues on investigation of business competition cases, it is important to understand what is included in the investigation. In KPPU…

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IMPORTANT POINTS ON OBLIGATIONS AND LEGALITY OF MINING COMPANY THAT MUST BE KNOWN

bagaimana-mendapatkan-tanda-registrasi-usaha-penunjang-minerba

“Surat Keterangan Terdaftar (SKT) is a certificate of registration for Non-Core Business Mining Company which conducts continuous activities at the mining site.” For those who want to run a business in mining sector in Indonesia, you need to understand the important points in legal aspects related to the mining business in Indonesia. Before we discuss…

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CRIMINAL SANCTIONS FOR TAPPING UNDER THE APPLICABLE LAW

inilah-ketentuan-baru-mengenai-bidang-usaha-dan-legalitas-perusahaan-jasa-pertambangan-di-indonesia-bagian-1

“Tapping is the activity of installing equipment or additional device to the telecommunication network for the purpose of obtaining information through illegal methods.” We had been asked by a client, “If we are tracing someone else’s phone, is it considered as breaking the law?” The next question is, “Is tracing someone else’s phone deemed as…

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DIFFERENCES BETWEEN LAWSUIT ON BREACH OF CONTRACT AND PETITION FOR BANKRUPTCY

Is a Company Allowed to Give a Break to Employees Unilaterally

“Lawsuit on breach of contract or petition of bankruptcy may be filed by the creditor to receive his payment.” Loan agreement made by the parties is often not proceeding as initally agreed upon. The debtor can not always pay his debt in accordance with the provisions under the agreement. Under such circumstances, there are two…

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ALL ASSETS OWNED BY DEBTOR CAN BE USED AS COLLATERAL FOR DEBT PAYMENT

“All assets of the debtor, either present or future, can be used to paid the debt of debtor.” In an agreement which incurs debt between parties, the creditor will generally ask debtor to submit collateral. This collateral is used to “save” creditor if, in the future, the debtor is unable to fulfil his obligation. Such…

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SHOULD I GET LICENSE FROM OJK TO RAISE FUNDS TO BUY SHARES OF THE COMPANY?

should-i-get-license-from-ojk-to-raise-funds-to-buy-shares-of-the-company

“Should I have license as an Investment Manager from OJK to raise funds from public and manage those funds to buy shares of a private company? Is my activity included as a Non-Bank Financial Institution?” Referring to the definition of Investment Manager as stated in Article 1 number 1 OJK Regulations Number 43/POJK.04/2015 concerning Investment…

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UNDERSTANDING THE PRINCIPLE OF LEGALITY IN THE VIEW OF LEGAL EXPERTS

understanding-the-principle-of-legality-in-the-view-of-legal-experts

“The principle of legality is a fundamental base in applying criminal law, known as a guideline and the heart of the criminal law.” Many people use the principle of legality as a means to defend the criminal’s legal interest or to determine the criminal’s responsibility for the committed crimes. It is important to understand the…

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WHO IS HELD LIABLE FOR THE CORPORATE CRIME?

who-is-held-liable-for-the-corporate-crime

“Corporate crime is crimes committed by individuals, based on empolyment or ohter relationships, either individually or jointly acting on behalf of corporation, within or outside of the corporation.” Late in 2016, the Supreme Court has issued Supreme Court Regulation No. 13 of 2016 on Corporate Crime Case Handling (“Perma No. 13/2016”). (See also: The Stages…

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CAN RECONCILIATION BE DONE AFTER THE DEBTOR IS DECLARED BANKRUPT?

can-reconciliation-be-done-after-the-debtor-is-declared-bankrupt

Debtor may offer reconciliation if the majority creditor does not agree with the bankruptcy decision against the debtor due to not being asked for approval nor summoning the majority creditor. After declared bankrupt by the Commercial Court’s decision, Debtor still has the right to offer reconciliation. This right is stipulated under Article 144 of Law…

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