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Distribution Permit to Sell Herbal Medicine in Indonesia

By adminbpl | Feb 6, 2020

Herbs have more value in terms of health and medical treatment. The varieties in herbs contain certain substances, which function as medicine and supplement that a human body needs. The production of medicine made out of herbs, otherwise known as Herbal Medicine, does not go through chemical processes. However, the herbal medicine produced is not inferior in quality to the drugs sold in the pharmacy. Based on the statement of Director General of Chemical, Pharmaceutical and Textiles of the Ministry of Industry to Bisnis.com, in 2019, the Herbal Medicine industry grows more than 6%, which is above Indonesia’s national economic growth. With more than 30,000 varieties of herbs in Indonesia, the Herbal Medicine industry is poised to continue growing, and it becomes important to understand what permits are required to sell Herbal Medicine in Indonesia. Distribution Permit is Necessary for Selling and Distributing Herbal Medicine Anyone can produce Herbal Medicine as long as they know how to do it. There is no written recipe or laboratory test result about Indonesian Herbal Medicine because commonly…

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What If Others Registered your Trademark? Here is How to Deal With

By adminbpl | Feb 5, 2020

On February 2019, KEEN Inc., an outwear company from the United States, sued an Indonesian businessman. The Indonesian businessman was considered to deliberately ride on the success of the KEEN Inc. The products of KEEN  Indonesia also offers the same product with KEEN Inc. Both parties brought the dispute to the commercial court and represented by their lawyers. . As the result, KEEN Indonesia managed to win the lawsuit, hence, they have right to use the KEEN trademark. Before the trademark is registered The possibilities of the trademark to be registered is the same as the other existing brands are quite large. Moreover if your trademark is not typical or use common term. Registering a trademark which has been registered by another party, the trademark will not be granted. The trademark application will also be rejected if there are similarities, either in general or overall with a famous brand owned by the other party, whether for similar or not similar goods. Well, in order to find out if the brand is already registered or…

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How to Apply an Affidavit in Indonesia - BP Lawyers

How to Apply an Affidavit in Indonesia

By adminbpl | Jan 3, 2020

Prepare the passport of children with dual nationality and the proof of children registration to obtain the Affidavit Card. The Mixed – Couple Marriages between Indonesians and Foreigners is increasing. In Indonesia, the children of mixed-couple marriages will have dual nationality following their parents until they are 18 years old. As happened to our client, an Indonesian women married to a Malaysian. Their marriage has been four years and they have a child who is currently two years old. The child have a Malaysia Passport, and her mother is worried that his dual nationality will be lost because he has a Malaysia Passport. First, parents or mixed-couple marriages have a responsibility to register their children, in order to have dual nationality. The registration can be applied in immigration office according to the child domicile or in Indonesian Embassy. As regulated in the Regulation of the Minister of Law and Human Rights number 22 years 2012 (“Permenkumham 22/2012”). If the child has a Foreign Nationality Passport, then the child is entitled to get an Immigration…

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Types of Visas and The Function That You Need to Know

Types of Visas in Indonesia and The Function That You Need to Know

By adminbpl | Jan 3, 2020

Visa is an essential document for someone to enter a country. Its function as “entry tickets” for foreigners. Submission of visa is adjusted to the purpose and the reason of someone visiting a country. Whether it is for vacation, works, education, or other purpose. According to Article 1 number 18 Regulation Number 6 Years 2011 about Immigration, Indonesia Visa is defined as “Written Statement that given by the authorized official in the Representative of Republic Indonesia or elsewhere that appointed by Republic Indonesia that containing approval for foreigners to travel to Indonesia and as a basis for granting a visit permit.” If there are foreigners who do not have a visa, Indonesian Immigration Officials may refuse the foreigners to enter Indonesian teritory under Article 12 of the Immigration Act. Types of Visas based on Article 34 of Immigration Act are divided into four namely; 1. Diplomatic Visa This kind of visa is given to foreigners holders of diplomatic passports and other passports to enter to fulfill diplomatic jobs. According to explanation of Article 35,…

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Things You Need to Know in the Latest Regulation Concerning E-Commerce

By adminbpl | Dec 12, 2019

Nowadays, Online shopping becomes a daily life for Indonesian people, even some of them prefer to do online shopping rather than conventional shopping. Changes in shopping habits have led to the development of online shopping provider platforms, known as market places such as Tokopedia, Bukalapak, Shopee and so on. More numbers of trading through electronic systems or e-commerce exist, inevitably the government must issue some regulations which govern online trading activities. Hence, President Jokowi on November 20, 2019, signed Government Regulation (PP) Number 80 of 2019 concerning Trading through Electronic Systems (PP 80/2019). PP 80/2019 defines Trading Through Electronic Systems (PMSE) means trading activities whose transactions are exercised through a series of electronic devices and procedures. Whereas the providers of Trading through Electronic Systems, hereinafter referred to as PPMSE, are Business Actors who provide Electronic Communication facilities used for trade transactions. In PP 80/2019, business actors, in this case, traders, and trade providers are differentiated. In general, things which are regulated in PP 80/2019 related to parties who conduct trading through electronic systems, requirements,…

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Arbitration and Arbitration Settlement Procedure

By adminbpl | Aug 10, 2019

Many people often raise concerns about the complicated litigation process for dispute settlement in court. In general, the complexity of litigation in court illustrates the complexity of the bureaucracy in Indonesia. Although the Government has made improvements in many sectors, numerous complaints regarding the litigation process in court still exist until now. Therefore, one of the solution to avoid lengthy litigation process for dispute settlement is through arbitration.   Arbitration and alternative dispute resolution in Indonesia is regulated under the Law Number 30 of 1999 regarding Arbitration and Alternative Dispute Resolution (the “Arbitration Law”). Arbitration is a method of resolving a civil dispute outside the general court pursuant to certain arbitration agreement made in writing by and between the disputing parties.   The arbitration agreement can be in the form of an arbitration clause stated in a written agreement made by the parties before a dispute arises, or a separate arbitration agreement made by the disputing parties after a dispute arises.   Arbitration proceedings shall be held by the Arbitrator. Arbitrator is one or…

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Smartlegal.id, Laura Reggyna, Andry Yudistira, Visit Visa Can Be Extended, Foreign Visitor No Longer Need To Worry Anymore, How to apply visa in Indonesia, Is Visit Visa can be extended?

Indonesia Visit Visa Can Be Extended, Foreign Visitor No Longer Need To Worry Anymore

By adminbpl | Jul 15, 2019

“Indonesia visit visa can be extended once for maximum 30 days from the end of visit visas”   Various cultures, natural beauty, and culinary in Indonesia have increasingly attracted foreign tourists. As you may notice that in every year, the numbers of foreign tourist visits to Indonesia Indonesia keep growing. Data from the Ministry of Tourism of the Republic of Indonesia shows growth as much as 11,63% in 2018 compared from the previous year.   Every Tourist must obtain visiting visa prior to visit Indonesia, except for the citizen of counties that already have free visas facility or country that entitle to apply visa upon arrival or also known as Visa On Arrival (VOA).   Visit Visas can be granted to foreign tourists or visitors for: tourist visits, family visits, social affairs, or for the purposes related to art and culture, government duties, sports which is non commercial, comparative studies, short courses and short training.   In addition, visit visa also applicable for business meeting or business discussion, purchasing goods, giving lectures or attending…

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Understanding The Qualifications And Provisions Of The Foreign Workers in Indonesia

By adminbpl | Jul 12, 2019

On 26th of March 2018, The President of the Republic of Indonesia, Joko Widodo, has signed the Presidential Regulation No. 20 of 2018 concerning the Utilization of Foreign Workers in Indonesia. The purpose of this regulation is to support the national economy and expand employment opportunities through investment in Indonesia. Until end of 2017,  based on the data in the Ministry of Manpower of the Republic of Indonesia, the utilization of foreign workers in Indonesia has reached 85.974 in total. Although its only 0,3% from the entire population in Indonesia, it is possible that the number of foreign workers may continue to grow in the coming years. For the company that employs foreign workers, there are several requirements for foreign workers to be employed legally in Indonesia, including: Possess education that suits the qualifications of the position to be held Having work experience of at least 5 (five) years or hold a certificate of competency that matches the position needed. Possess skills and competency at work, the foreign worker will not be approved if…

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Preparation for establish PT PMA That You Need To Know! 

By adminbpl | Jul 12, 2019

Economic globalization is the root that make every country connected. As the consequences, this has positively increase investment activities between countries including in Indonesia commonly known as Foreign Investment or Penanaman Modal Asing (PMA). Foreign Direct Investment or PMA is and investment activities conducted by the investor to do business in Indonesia. PMA is carried out by establishing a legal entity in the form of Limited Liability Company (PT PMA) through many investment structure namely wholly owned foreign subsidiaries or joint ventures with other foreign investor(s) or with domestic investor(s). In general, there are 2 (two) ways in the establishment of PT PMA. The first one is to newly establish a PT PMA, and the second is by acquiring equity shares in and further change the status of local limited liability companies to become PT PMA. The followings are things that you need to do for the preparation of establishing a PT PMA: Do research Initial research on the business activities and feasibility studies is essential prior to initiating the investment plan. Investors need…

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