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SUPREME COURT: ANY AGREEMENT REQUIRED TO BE MADE IN BAHASA INDONESIA

By adminbpl | Jan 5, 2016

On August 31, 2015, the Supreme Court (MA) has decided that Loan Agreement between Nine AM Ltd. And PT Bangun Karya Pratama Lestari (KPL) was cancelled because it violated the Law Number 24 of 2009 regarding The State Flag, Language, Emblem and The National Anthem, related to the use of language in contracts with foreign parties. The Supreme Court uphold 2 (two) court decision in the lower level,The Jakarta High Court Number: 48 / PDT / 2014 / PT.DKI dated May 7, 2014 and West Jakarta District Court decision Number: 451/PDT.G.2013/PN.JKT.BRT dated June 20, 2013, which stated the Loan Agreement between the Nine AM Ltd and BKPL dated 23 April 2010 was cancelled(null and void). In 2010, Nine AM Ltd. and BKPL agreed to enter into aLoan Agreement. Based on that agreement BKPL received a loan from Nine AM Ltd of USD 4,422,000. The agreement was made in English language without any explanation or translation in Bahasa Indonesia. In Article 18 of the Loan Agreement, regarding choice of law, the agreement was made under…

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Latest Incentive for Pioneer Industry: Income Tax Reduction

By adminbpl | Jan 4, 2016

Introduction To attract more new investments in pioneer industries in Indonesia, the Minister of Finance recently issued Regulation No. 159/PMK.010/2015 of 2015 on Institutional Income Tax Reduction Facility (Ministerial Regulation No. 159/2015). The Ministerial Regulation No. 159/2015 is effective since 16 August 2015 and repeals Minister of Finance Regulation No. 130/PMK.011/2011 along with its amendment the Minister of Finance Regulation No. 192/PMK.011/2014. Scope of Pioneer Industry Pioneer industry is an industry that have a wide interconnection, give value-added and high externality, introduce new technology, and have a strategic value to national economy[i]. Income Tax Reduction Facility Institutional Taxpayer who conduct new investment in a Pioneer Industry can be facilitated by a reduction of Institutional Income Tax. This reduction facility is granted to income which is received or obtained from core business activities of a Pioneer Industry[ii]. The percentage of reduction is between 10% and 100% of payable Institutional Income Tax and valid for 5 to 15 years. However, certain consideration to increase competitiveness of national industry and strategic value of certain business activates can…

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New Procedure For Foreign Workers Employment In Indonesia

By adminbpl | Jan 2, 2016

As a response to President Jokowi request to simplify foreign workers employment procedure and to remove obligation to be able to speak Indonesian language, the Minister of Manpower issued Regulation No. 16 of 2015 on Procedure to Employ Foreign Workers (“Ministerial Regulation No. 16/2015”) which has been effective since 29 June 2015. Consequently, the Ministerial Regulation No. 16/2015 does not obligate foreign workers to speak Indonesian language and also eliminates requirement to acquire TA.01 Visa Wire Approval Recommendation, both of which werepreviously required by Minister of Manpower Regulation No. 12 of 2013 (“Ministerial Regulation No. 12/2013”). To employ foreign workers, an employer is required to acquire Foreign Worker Employment Plan (RPTKA) and Foreign Worker Employment Permit (IMTA). The Ministerial Regulation No. 16/2015 recognizes several types of RPTKA and IMTA, namely RPTKA and IMTA for general works, RPTKA and IMTA for urgent and emergency works, RPTKA and IMTA for temporary works, and few other types of RPTKA and IMTA. RPTKA for General Works RPTKA is required to acquire IMTA. This RPTKA is issued by Director…

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Minister of Trade Issued New General Provision on Imports

By adminbpl | Jan 1, 2016

Introduction The Minister of Trade recently issued Regulation No. 48/M-DAG/PER/7/2015 of 2015 on General Provision on Imports (Ministerial Regulation No. 48/2015). The Ministerial Regulation No. 48/2015 will be effective on 1 January 2016 and will also revoked and replace current general provision on imports as stipulated by Minister of Trade Regulation No. 54/M-DAG/PER/10/2009 (Ministerial Regulation No. 54/2009). The purpose of the issuance of Ministerial Regulation No. 48/2015 is to improve transparency, effectivity, and efficiency in import process. Type of Goods that are Allowed to be Imported Under the Ministerial Regulation No. 48/2015 basically only new goods can be imported, but the Minister of Trade in certain condition can allow importation of used goods based on laws and regulations, the minister’s authority, or proposal or technical consideration from other government agencies[i]. Goods are categorized into three groups which are free import goods, restricted import goods, and prohibited import goods[ii]. The Ministerial Regulation No. 48/2015 determines that all goods may be imported, except restricted import goods, prohibited import goods, and other goods that are otherwise determined…

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Writing Training Course

By adminbpl | Dec 21, 2015

Writing Training Course is 3 days training held by BPL Foundation aims for fulfilling actual needs for law practitioner and enthusiast in: Conduct a research, find issues/topics and doing problem solvings, communicate ideas effectively, create better structure about ideas in writings and having clearof it, concise and engaging writings. Writing training course was successfully held in December, 14th, 21st and 28th November 2015 by Davidson Samosir in the session. Around 6 law enthusiasts from different background take participation in fully interactive and attractive class. By one on one coaching, participants were got information about: choose a topic, plan an outline, create the writing and channeling for article publishing. After the session, they had to make a writing which would submitted in the next day. On 21st December, all the law enthusiasts were given one on one coaching by Davidson. He let all participant to ask anything about the writing while they also revised it. In the last session, participant were given one on one feedback from the trainer and channeling information for publish their…

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Litigation Training : The Succesful Litigation In Civil Claim

By adminbpl | Dec 17, 2015

Litigation training is a training held by BPL Foundation aims for fulfilling actual needs for law practitioner and enthusiast in: Having successful civil prosecution, Accept new perspective in litigation strategy, Getting latest information in handling civil prosecution case and Networking medium for law practitioner. Litigation training was successfully held in december, 17th 2015 presenting by Bimo Prasetio and Fredrik Jacob Pinakunary in the session. Litigation training was held in two session starts from 09.00 until 15.00. First session of training presented by Bimo Prasetio discussed about winning a lawsuit from formil aspect. Bimo gave information to participant about: Important points in checking proxy letter during court session, Do’(s) and don’t(s), weakness checking thoroughly in formil aspect and case study. In the second session, Frederik Jacob Pinakunary focusing the discussion about strategy for winning a law suit. Evidence preparation and witness for supporting a suit also counting right calculation of a compensation become the second session focus. 10 law practitioner and enthusiast from various background were participated in the training. The training resulted great reception.…

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ENGLISH FOR LAWYERS (EFL) 12th-13th September 2015

By adminbpl | Sep 13, 2015

Once a rare skill to possess, profeciency in English is no longer a special trait for professionals to have. As an Indonesian professional, the increasingly open working field makes it more important to possess an excellent command of English. “English for Lawyers” is one of the trainings conducted by BP Lawyers Foundation to support this endeavor. The latest training was held on September 12-13, 2015 in Sofyan Betawi Hotel, Central Jakarta. The workshop, joined by 16 (sixteen) participants from all ages, featured Legal Professionals who have extensive experiences in their legal careers to share their knowledge in using English language in their professional legal services. The workshop, held in 2 (two) days, is divided into 4 (four) main sessions: (1) Contracts/Agreements Drafting; (2) Corporate Documents; (3) E-mail and Legal Advices; and (4) Legal Opinions. Each session featured different speakers who all shared extensively about their own experiences dealing with the use of English in their work. CONTRACT DRAFTING The increasing of Foreign Investors in Indonesia forces Indonesian legal professionals to command excellent English, especially…

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