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Kode Etik

Procedures and How to Work in Indonesia for Foreign Lawyer

The existence of foreign lawyer in Indonesia was actually done since the Netherlands colonial era. It was quite reduced in the old order, the foreign activity is back or alive in the new order. Especially since the issuance of foreign investment law year 1967 was out. The researcher of Center for Law and Policy Studies,…

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SHOULD THE EMPLOYER REMAIN OBLIGED TO PAY OUTSTANDING WAGES TO THE EMPLOYEES AFTER THE PERIOD OF WAGE DEFFERAL ENDS?

should-the-employer-remain-obliged-to-pay-outstanding-wages-to-the-employees-after-the-period-of-wage-defferal-ends

“After the issuance of Constitutional Court Decision No. 72/PUU-XIII/2015 dated 29th September 2016 on judicial review of Article 90 paragraph 2 and its Explanatory Notes of Law No. 13 Year 2003 concerning Manpower (“Manpower Law”), the employer/company is obliged to pay outstanding minimum wages due to the period of wage deferral.” Referring to our previous…

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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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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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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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BEWARE! THERE IS CRIMINAL SANCTION FOR PAYING WAGES BELOW MINIMUM STANDARD!

Every year, the provinces or regencies/cities in Indonesia experience an increase in minimum wage, as in Jakarta Province has reached Provincial Minimum Wage (UMP) of Rp. 3.355.750,00 per month in 2017. This increased UMP cannot be separated from the employers’ objections. Due to the few customers and low finansial conditions, the company has higher costs…

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THE DUTIES AND AUTHORITY OF CURATOR THAT IS IMPORTANT TO UNDERSTOOD

the-duties-and-authority-of-curator-that-is-important-to-understood

“Bankruptcy Law clearly states that Curator is the Orphan’s Chamber or an individual appointed by the court to manage and liquidate the assets of Bankrupt Debtor under the supervision of supervisory judge.” It is important for a company as a Debtor in bankruptcy to understand that a declaration of bankruptcy by the Court decision results…

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Steps for Employer Not to Be Fined Due to Late Wage Payment

steps-for-employer-not-to-be-fined-due-to-late-wage-payment

The Law defines wage as the right of the worker/laborer that is received and expressed in the form of money as remuneration from the entrepreneur or the employer to workers/laborers, whose amount is determined and paid according to a work agreement, consensus, or laws and regulations, including allowances for the worker/laborers and their family for…

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