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May Day: Reviewing Various Court Decisions on Labor

By adminbpl | May 11, 2016

Last Sunday, which falls on May the 1st, workers from all over the world including those from Indonesia, gathered in public squares to mark the International Workers’ Day also known as “May Day”. Despite the rapid development on protection of workers’ entitlements, clash between employers and employees is somewhat inevitable. In commemoration of this year’s May Day, hukumonline have summarized several court decisions related with the classic clash of workers and employers in Indonesia. Minimum Wage On 5 December 2012, the Supreme Court sentenced Tjioe Christina Chandra, owner of an electronic store in Surabaya to a one month imprisonment and a fine of IDR 100 million. The decision was a result of her paying her workers’ wage lower than the lawful minimum wage. It was the Supreme Court Decision No. 687 K/Pid.Sus/2012, that found Mrs. Chandra guilty of violating Article 90 (1) and Article 185 (1) of Law No. 13 of 2003 on Labor. These provisions basically mandates employers to pay their employees’ wage based on the prevailing minimum wage threshold. Originally, the court…

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SHARING ECONOMY: LESSON LEARNED FROM GOJEK AND UBER CASE

By adminbpl | May 10, 2016

“To find out the appropriate law to this kind of business, we should separate the Online Portal Provider (“OPP”) and the Transportation Provider (“TP”). The OPP is Gojek or Uber management, and the transportation provider is the cars’ owners and their drivers.” Several time ago, we were shocked by massive demonstration performed by taxi drivers. They protested and asked Indonesian Government to take a proper action on the outbreak online transportation application provider which were deemed threating the conventional transportation’s business. For some people, the demonstration might be seem as an unpleasant and inappropriate behavior, it may be right, however in my opinion this action also shown our society’s awareness on legal aspect, especially transportation law. This can be seen from conventional transportation provider’s request to the government to issue a regulation for business application for transportation service. Actually, before the massive demonstration happened, the Indonesian Government through Transportation Ministry already released a regulation to temporarily stop the online transportation service in Indonesia until the Transportation Ministry conducts a coordination with other ministry to…

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3rd English For Lawyer Legal Training

By adminbpl | Apr 22, 2016

As the effective implementation of ASEAN Economic Community, the flow of expatriates and foreign investments come to Indonesia will increase significantly, so does the demand of legal assistance. Do not miss to exploit that opportunity. Get prepared for upgrading your English skills in legal terms by participating in: “3rd ENGLISH FOR LAWYERS TRAINING” After successful completion of 1st and 2nd English For Lawyers (“EFL”), BPL Foundation presents 3rd English For Lawyers that will be held on: Day/Date : Saturday, 28 May 2016 Time : 8 am – 4.30 pm. Venue : Sofyan Hotel Betawi, Jalan Cut Mutia No.9, Menteng, South Jakarta In this training you will get: a) An introduction of legal terms b) An information of common mistakes in legal documents c) Tips how to draft legal documents and legal correspondences Who are the trainers? 1. Maria Sagrado (Partner at Makarim & Taira Counsellors at Law) 2. Richard Cornwallis (Senior Legal Consultant at Makarim & Taira Counsellors at Law ) 3. Johannes C. Sahetapy-Engels (Managing Partner at AKSET Law Firm) 4. Tjahyono Firmansyah …

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OBLIGATION OF A COMPANY TO ESTABLISH A BIPARTITE COOPERATION INSTITUTION

By adminbpl | Apr 20, 2016

According to Article 105 of Manpower Law every companies who employing 50 employments or more is under an obligation to establish a bipartite cooperation institution or commonly known as LKS Bipartite (Bipartite Institution). Indonesian Manpower Law (Law No.13 of 2003) defined the Bipartite Institution is a communication and consultation forum on matters pertaining to industrial relations in company whose members consist of company’s management and employees representatives or labour unions representatives that have been registered at a government agency responsible for manpower affairs. The aim of Bipartite Institution is to create a harmonious, dynamic and justice-based relationship amongs actors in the company by providing negotiation forum especially for the following issues: 1) New Policies Bipartite Institution will be as a tools for the company to socialize new policies that will be implemented. Therefore, through Bipartite Institution it is hoped the employees will understand the purpose and objectives of the new policies from the beginning. 2) Employee Prosperity Matters The Employees may address their aspiration especially about prosperity policy that they asked from the company…

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Adjusting Company Regulations for PMA Company in Indonesia

By adminbpl | Apr 12, 2016

Can PMA Company in Indonesia directly apply a company regulation from their parent company in overseas? Most of the time, Foreign Direct Investment Company or Perseroan Terbatas Penanaman Modal Asing (“PT PMA or PMA Company”) apply for the same company regulation as their parent company abroad to determine the policy for their employees. This action is usually taken as a form of implementation of the global corporate value that they want to apply within all branches of the company, including ones established in Indonesia, either as a branch, a subsidiary, or as a partner. However, the implementation does not always run smoothly. This is because every country has different laws and regulations concerning employment. In Indonesia for example, provisions regarding termination and the Employer’s obligation to give severance pay package can be different than in other countries. So, if the terms in the Company Regulation of the parent company is contrary to the prevailing laws and regulations in Indonesia, it is not applicable in Indonesia. So how to solve this? All companies established in the territory of and under the laws of Indonesia, specifically…

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The Pocedure To Register Arbitration Award In Distric Court

By adminbpl | Mar 28, 2016

Arbitration award is final and binding since it has resolved by arbitrator or arbitrators. It has been explained on Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (“Arbitration Law“), It has made it  impossible to appeal the arbitration award to other stage or jurisdictions of court. That nature of award is being the main characteristic of arbitration award which differentiates it with other settlement award. In principle, arbitration award may be executed independently by the bounded parties. However if one of the parties refuses to execute that arbitration award, then the other party may request to District Court to execute the arbitration award by registering it first to the District Court. According to Article 1 point 4 Arbitration Law, the arbitration award may be registered to the District Court which has a jurisdiction over the Respondent. However, registration for international arbitration should be registered to the Central Jakarta District Court.Who has the right to register the arbitration award? According to Article 59  Arbitration Law, within 30 (thirty) days from the date…

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Solving Disputes Between Individuals

By adminbpl | Mar 18, 2016

Civil litigation or lawsuits are the legal disputes between individuals, companies or non-profit organizations that seek to obtain compensation for damage or recover a right. Civil litigation law is the field of law that resolves cases brought to the court by anyone. On the other hand, criminal law is the area that judges cases involving individuals versus the State. A lawyer who deals with disputes between individuals is called civil litigation lawyer. Laws that defend the interests of common people and the society are called litigation laws. Basically, a lawsuit filed results into two parts: the lawbreaker gets punished and victim gets justice. The judge or the jury members determine every characteristic of the lawsuit and give an unbiased judgment. The verdict at the end of the trial is final and binding. If you are considering filing a lawsuit, you should seek a civil business lawyer. You must be truthful and let your litigation lawyer know all the details about your case so that your litigation lawyer can assess your case and give you…

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LAW ON HALAL PRODUCT GUARANTEE IMPLEMENTS MANDATORY HALAL LABELING

By adminbpl | Mar 18, 2016

The House of Representatives passed the Law on Halal Product Guarantee(“Halal Law”) to provide legal certainty toward the Halal condition of a product, which is proven by a Halal Certificate. The Halal Law is relevant to broad business activities, since it involves Halal Product Process that is a series of activities to ensure a product is Halal covering its materials supply, processing, storage, packaging, distribution, sales, and product presentment. Products that enters, circulates, and be traded in the Indonesia’s territory must be Halal Certified. The definition of Products are goods and/or services which are related with foods, beverages, medicines, cosmetics, chemical products, biological products, genetically engineer products, and to be used goods which are worn, used, or utilized by the public. And Halal Product is a product that has been declared Halal in accordance with Islamic Sharia.   Organizing the Halal Product Guarantee The Government organizes the Halal Product Guarantee by establishing Halal Product Guarantee Organizing Agency (“BPHJPH”) which cooperates with ministries and/or related agencies, Halal Inspection Agency (LPH), and the Indonesian Council of…

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Important Note Related to ActioPauliana in Bankruptcy Cases

By adminbpl | Mar 18, 2016

“The basis of Actiopauliana lawsuit is creditor damages.” In various bankruptcy cases can be found the existence of legal action by the creditors to nullify the debtor’s transactions, which is considered causing damage to the creditors. This action is known as actiopauliana. Furthermore, there are three conditions in actiopauliana, which are: There is legal action conducted by debtor that is damaging the creditors, That action is not mandatory to be done, and It is conducted within a period of one year prior bankruptcy decision is declared. Regarding parameter of “damaging the creditors” in a narrow sense if it is considered damaging the bankrupt estate.Debtor sells bankruptcy assets and can reduce the worth of bankruptcy. Finally, this will damage the right that is supposed to be received by other creditors, such as concurrent creditors. Even so, there is an exception based on Article 41 (3) of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payments (“Bankruptcy Law”), in which bankrupt debtor may takes legal actions as long as that actions are not…

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