IS THE COMPANY RESPONSIBLE FOR ALL ITS EMPLOYEES’ MISTAKE?

is-the-company-responsible-for-all-its-employees-mistake

“The company as an employer cannot be separated from the liability over the mistake or unlawful acts of its employees in order to carry out their duties. What is the limit of this liability?” In our client’s lawsuit for traffic accident, wherein the car owner was a company, refused to be liable for negligence of…

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3 IMPORTANT POINTS OF CONSTRUCTION SERVICES YOU NEED TO KNOW

3-important-points-of-construction-services-you-need-to-know

“Efforts to resolve construction dispute are through Mediation, conciliation, and arbitration. What is interesting is that in Law No. 2/2017 regulates that the parties, which are the provider and the user of construction services, may form a dispute board.” On several occasions, we are often asked about construction law, such as: “what legal aspect should…

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Investment in Indonesia: A to Z Factors You Should Consider

Investment in Indonesia: A to Z Factors You Should Consider

It takes a great deal more than just an uprising number of GDP to invest in a certain country. The rank of Foreign Direct Investment (FDI) in Indonesia may not make the friendliest list in the world, but it does attract some valuable foreign companies. Some contributing factors of Indonesia investment are the number of…

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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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