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Labor Law in Indonsian, How Shareholders Dismiss the Company Director?

COULD RECUSAL BE MADE FOR THE APPOINTED ARBITRATORS?

By adminbpl | Mar 7, 2018

“Against the arbitrator who is not doing its duties freely nor siding with one party, the other party may submit a recusal on the arbitrator.” One of the problems that can arise when the process of dispute resolution through arbitration is about the impartiality or independence of the arbitrator appointed by both parties. Although it is very rare, the fact that in some cases it can happen. The appointed arbitrator is indicated in favor of either party having a blood relationship with the Petitioner or the Respondent, or may also have a financial interest or other interest in the arbitral award. If there is an evidence that the arbitrator is not independent in the process of dispute resolution through arbitration, one of the party may file a recusal of the arbitrator. Regulation of Recusal in Law Number 30 Year 1999 on Arbitration and Alternative Dispute Settlement (“Arbitration Law”), Based on the practice of arbitration dispute settlement, in an agreement containing the arbitration clause will usually be found a clause related to the number of…

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The Importance of a Legal Consultant in Halal Certification Assistance You Should Know

The Importance of a Legal Consultant in Halal Certification Assistance You Should Know

By adminbpl | Feb 26, 2018

As the fourth largest nation in the world in the term of population, Indonesia is such a considerable marketplace for global communities to invest and expand their business. It doesn’t stop there; the truth that the archipelago lying in the equator zone is regarded as a country with the highest Muslim population throughout the globe does give another economic advantage and potential. Unless you don’t realize the second fact, bear in mind that having halal certification on the products of yours is, at the bottom, essential enough. If you require a legal party to put across the idea of Halal certification as well as the process of gaining it, it is vital that you find out the importance of legal consultant in Halal certification. The professional’ advice plays an important role to lighten up a couple of consumers’ issues with some greatest solutions such as getting alternative for your non-halal brands in order to be more Muslim-friendly, clarifying why you should grant non-halal label on non-halal products and vice versa, and most importantly, how…

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Pemecatan Direksi Oleh Pemegang Saham Menurut UU Di Indonesia

Indonesia's New Copyright Law, a Great Way to Deal with Copyright Infringement

By adminbpl | Jan 30, 2018

Developing creative industry has been one of the main programs of President Joko Widodo since his campaign. Now, amidst the surge of creative fields and projects boosted by digital trends, copyright infringement stays a serious issue. The country still has weak protection for intellectual property owners, and piracies are rampant. Despite the uphill battle against piracies and other threats against intellectual properties, the Indonesian government has taken several steps to solve the problems. One of the strategies is to revise the country’s copyright law, adding more details and patching potential loopholes. Indonesia’s Position in Intellectual Property Index In 2016, the Global Intellectual Property Center conducted a global survey about intellectual property protection index, ranking the level of intellectual property and trademark protection in those countries. From 38 surveyed countries, Indonesia was placed at the 33rd rank, only slightly better than Algeria, Vietnam, Thailand, India, and Venezuela. The survey report shows that intellectual property rights and trademarks in Indonesia have not been prioritized enough by the government and lawmakers. There were very few cases of…

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Validity of Electronic Signatures in Online Transactions In Indonesia

By adminbpl | Jan 18, 2018

Electronic signatures can be utilized to validate a document or contract between two parties without the needs of having a face-to-face meeting. It is really efficient for online-based companies and people whose activities are usually done online. Aside from the functionality and practicality of electronic signatures, one question frequently arises in the minds of the users: is it legitimate? Definition of Electronic Signatures An electronic signature is a legally binding tool used to prove the authenticity of identity in a message or document. According to the 2000 U.S. ESIGN Act, an electronic signature can be in the form of electronic sound, symbol, or process related to a contract, transaction, or other records used by those want to sign the record or digital document. The beauty of electronic signatures is that it replicates the comfort of paper signing experience by hands in an electronic form. The growing number of electronic crime cases becomes one of the underlying backgrounds of the use of electronic signatures. The Ministry of Communication and Information Technology is currently applying electronic…

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LABOR DISPUTE IN INDONESIA

LABOR DISPUTE IN INDONESIA

By adminbpl | Jan 8, 2018

Humans are highly social beings. As a social creature (zoon politicon), we interact with other people and share experiences with them. In such interaction, there is no doubt that there would be differences in matters of interest that results in disputes, disagreements or conflicts, including in the workplace. A labor dispute in Indonesia refers to a conflict between an employer and its employees related to the terms (like work hours, wages, conditions of employment, fringe benefits, tenure, etc) that need to be negotiated during collective bargaining, (the negotiation of wages and other conditions of employment by the employee organization) or the implementation of terms that have agreed upon. Based on Act No. 22 in 1957, a labor dispute in Indonesia (based on the disputed material) can be divided into two, namely rights dispute and dispute of interest. The right dispute, such as dismissal dispute, arises due to one of the parties in a labor agreement does not fulfill the contents of the agreement, the employer’s regulations or the laws. The disputes need to be…

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Procedures in Investment Licenses in Indonesia

Procedures in Investment Licenses in Indonesia

By adminbpl | Dec 28, 2017

When it comes to speaking about procedures for investment licenses in Indonesia, the talk can be endless. Not only it is not an easy matter, the rules and regulations in Indonesia may change every year. This does not only have something to do with the economic growth. Political stability between countries also plays a major role in this. There are five (5) things that need to be considered regarding the procedures for investment licenses in Indonesia. These five (5) things include: The foreign investment in Indonesia. Indonesia’s foreign investment law. Indonesia’s foreign investment policy. Indonesia’s foreign investment negative list. Indonesia’s investment opportunities.   I. The Foreign Investment In Indonesia. What is the foreign investment in Indonesia like lately? Despite the political instability in some countries around the world, plenty of foreign investors still find Indonesia an ideal place to grow their business. This can be seen from the growing number of the rising digital startup businesses, most especially in cities like Jakarta and Bandung. According to Tempo.co (December 17, 2017), IDX, revealed the growth…

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not-only-agreement-templates-here-are-reasons-why-businessmen-still-need-lawyer

NOT ONLY AGREEMENT TEMPLATES, HERE ARE REASONS WHY BUSINESSMEN STILL NEED LAWYER

By adminbpl | Dec 15, 2017

 “Agreement template can be a time bomb if there is no clausule which protects the business’ needs and interests.” The majority of business and start-ups realize the need of legal counsel. From drafting business agreement, licenses, to establishment of business entities. Due to the limited resources and capital, businesses and start-ups have to choose between the cost for business capital or cost of legal counsel. The business’ tendancy to sacrifice lawyers’ cost to increase business capital and seeking alternatives in addressing legal aspects need such as drafting business agreements. Such alternatives are downloading agreement templates available online. It is expected to fulfil legal documents needs without paying legal service fees. This action is reasonable, due to the fact that the hourly rate of lawyers in Jakarta ranges from Rp. 500.000,00 (five hundred thousand rupiah) to Rp. 10.000.000,00 (ten million rupiah) per hour. This rates depends on the seniority of the lawyer. Disadvantages of Agreement Template The implication of drafting business agreements by using templates is that there is no legal protection between the parties,…

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THREE PROCEDURES OF INDUSTRIAL DISPUTE RESOLUTION YOU NEED TO KNOW

By adminbpl | Dec 14, 2017

 “Well, I just found out that if there is a procedure to lay off employees. The foreign investor hasn’t found it out yet, Sir.” Said one of our Client, a director of foreign investment company. In principle, the community is deemed to know the Law when it is published. We will not discuss about the publication made by government in order to make the community aware of an applicable law. Our concern is to provide education and advocacy to employer so that they are aware of the applicable law and its application. Moreover, the most important part is to make sure there is no legal issue hindering their business. It is need to be understood that in industrial relations, not only substantial aspect, but formal aspect (procedure) is need to be considered. In order to make sure not to make mistake in facing industrial dispute with employees, we hereby describe the procedure of Industrial Dispute Resolution (IDR) as stipulated in Law No. 2 of 2004 concerning Industrial Dispute Resolution (IDR Law), namely: Bipartite Negotation…

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BPLawyers is now HIRING The Litigator!

By adminbpl | Nov 8, 2017

BP Lawyers is a Corporate Law Firms in Jakarta who has experience and dedicate ourselves to help clients achieve their goals. We help our clients to achieve their ultimate goals by providing strategic advice, creative support and quick response all the time. Learn more about us at our website: www.bplawyers.co.id We are looking for energetic people for the following position: LITIGATOR Position description: Represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, or manage or advise clients on legal transactions. Qualifications: A bachelor degree in Law; Minimum GPA 3,00; At least 3 year(s) of working experience in relevant field (litigation); Have an advocate license; Proficient in English both speaking and written ; Have an excellent analytical skill; Have excellent interpersonal skills and keen on client service orientation; and Able to work with a minimum supervision and work as a team. Why join with us? Our team will be equipped with networking skill, negotiation skill and personal development on legal aspect. We offer a lawyerpreneurship experience to all lawyers…

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