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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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This is How Foreigners Invest in Indonesia Property

This is How Foreigners Invest in Indonesia Property

By adminbpl | Mar 28, 2019

For foreigners, invest in Indonesia may be challenging, especially, when you do not have a clue how to start it. On this occasion, you will learn more about how to invest in Indonesia property. In general, there are two ways: asking an Indonesian citizen to hold the property on your behalf and/or investing through a foreign-owned company (PMA). Following is the simple description.   Why Invest in Indonesia Property? But first, let us search for more reasons. The price index. According to Bank Indonesia’s Residential Property Price Survey (SHPR) per QIV of 2018, the index might be lower than the prior quarter, but it is predicted will rise on the QI of 2019 from 0.32% to 0.42%. The population. Implies to the market demand, Indonesia is listed as the fourth most populous country in the world with the number touches about 265 million people. Indonesia economic growth. According to the World Bank, per 2018 economic quarterly, Indonesia holds a steady percentage in several contributing factors to economic growth, and others are competitive. The steady…

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Class Action 101: How to File a Class Action Lawsuit in Indonesia?

Class Action 101: How to File a Class Action Lawsuit in Indonesia?

By adminbpl | Jan 15, 2019

Have you ever thought of filing a lawsuit of a class action in Indonesia but still confused about what to do? No problem, find out the procedure here.   Today, plenty of legal solutions do not provide justice to the public. There have been many governmental policies—instead of prioritizing the people—cornering them and increasing poverty in this country. The society is still lacking awareness of what legal efforts can be done when facing legal cases that harm them. For that reason, the regulation of class action in Indonesia was made.     The Law that Regulates Class Action in Indonesia A class action lawsuit is filed by one person or more on behalf of a group or an organization against one defendant (or a group as a defendant). The representatives must be members of the group or organization they defend and have the same facts and claims.   The procedure for filing a lawsuit of a class action in Indonesia is recognized in our legal system after the issuance of Law No. 23 of…

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Labor Law in Indonsian, How Shareholders Dismiss the Company Director

Labor Law in Indonsia: How Shareholders Dismiss the Company Director

By adminbpl | Sep 13, 2018

Can stakeholders remove the company director from his job? What kind of procedure to follow and which laws apply to this situation? Take a look at the detailed information regarding this matter. In a Limited Liability Company, or best known as Corporation, the Director plays an important role as the company leader. However, this position can be removed by those who have higher power and responsibilities, that is, the shareholders.       Some questions then arise when such situation occurs in Indonesia. Which laws or acts should be applied? And how does the corporation fulfill the right of the director whose position has been removed? The answers to those questions can be found in the rest of this article.             The Company Director and the Board of Commissioners: A Definition based on the laws       Before entering the discussion about the dismissal of a company director or how the board of commissioners handles this matter, the first things that need to be cleared up is the…

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How to Get Indonesian Citizenship?

By adminbpl | Aug 15, 2018

Getting Indonesian citizenship is not as difficult as we think when you understand the steps.   Getting citizenship in a country you’re not born in is considered a difficult thing to do. However, if you really understand the requirements and know how to get Indonesian citizenship, you will know that it is really feasible.     Before you apply for the Indonesia citizenship, make sure you have met these requirements: You have resided in Indonesia for at least 5 consecutive years or 10 consecutive years by the time you apply for the Indonesian citizenship You are at least 18 years old, or if you are under 18 years old, you have to be married You are mentally and physically healthy You never commit to any crime that makes you being prisoned for 1 year or more You don’t have any other citizenship because Indonesia doesn’t admit a dual citizenship. So, if you are registered as a citizen of any other nationality, you need to prepare yourself to release your former citizenship. You are able…

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