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The downturn in the global commodities market has meant that there have been relatively few developments in the natural resources space in Indonesia. However, the government’s commitment to adding 35GW of new power production by 2019 and overhaul the country’s infrastructure is likely to result in more work around high-speed railways, roads and energy projects. Foreign investors have traditionally faced many hurdles in the Indonesian market, from a history of nationalism with regards to corporate ownership to concerns about the relatively unstable domestic currency. President Jokowi, however, is gradually easing some of the restrictions that have in the past made foreign investors hesitate. The country may also see a surge in domestic investment following the 2016 Tax Amnesty policy, which seeks to bring Indonesian money back into the country and incentivise domestic investment. Indonesia’s nascent telecoms sector is a significant target for investors and it has seen a lot of market consolidation. The Indonesian legal market is a closed one but some international firms have a presence in the country via associations including Hadiputranto, Hadinoto & Partners, a member firm of Baker & McKenzie; Ginting & Reksodiputro in association with Allen & Overy; Hiswara Bunjamin & Tandjung in association with Herbert Smith Freehills; Linda Widyati & Partners in association with Clifford Chance; and Ashurst LLP’s tie up with Oentoeng Suria & Partners.
Firms in the spotlight
Siregar & Djojonegoro
The demand for enhancing the value and quality of legal services in Indonesia to impeccable standards has been the guiding force in founding S&D. We believe that legal services should be conducted with absolute perfection throughout. This can only be done through the thorough understanding of the legal aspects together with the perfect knowledge of the commercial and business environment and practices also the client’s background and concerns.
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GC Powerlist -
Australia and New Zealand
Recognising in-house innovation, quality and excellence, the GC Powerlist: Australia and New Zealand identifies an array of the most influential and innovative in-house counsel working in these two jurisdictions.
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The President’s Office has issued Presidential Regulation No. 38 of 2015 on the Cooperation Between the Government and Business Entities in the Provision of Infrastructure (“PR No. 38/2015”). PR No. 38/2015 replaces the previous Presidential Regulation on the same issue, Presidential Regulation No. 67 of 2005 as last amended by Presidential Regulation No. 66 of 2013.
Indonesia’s monetary authority, Bank Indonesia, has issued regulation No. 17/3/PBI/2015 on the Requirement to Use Rupiah Within the Territory of the Republic of Indonesia (the “BI Regulation”). The BI Regulation serves as an implementing regulation to Law No. 7 of 2011 on Currency (the “Currency Law”). Bank Indonesia issued the regulation with a view of easing the pressure on the declining rupiah.
by Saudaranta Tarigan , Senior Associate, and Narada Kumara , Junior Associate
by Tony Budidjaja , Managing Principal
By Diana Kusumasari , Senior Associate
Indonesia's House of Representatives is currently considering a new draft banking bill (the Banking Bill ) which, if passed into law in its current form, will:
he House of Representatives ("DPR") recently passed the bill on Insurance. The provisions of the bill will come into force after the president assents to it or at any rate within 30 days of its passage at the DPR. The 2014 Insurance Law will replace Law No. 2 of 1992 on Insurance. Within Indonesia's legislative structure the Insurance Law regulates insurance businesses, core insurance concepts however are largely left to the Civil and Commercial Codes.
On 16 September 2014 the House of Representative revoked Law No. 19 of 2002 (" Old Copyright Law ") with the Bill on Copyright, which will become law and receive a number upon the earliest of being signed by the President or 30 days (" New Copyright Law "). The New Copyright Law is an effort from the lawmakers to protect the economic and moral rights of creators and owners as the essential element in the development of national creativity.
Negative Investment List
The Government has issued Presidential Regulation No. 39 of 2014 (PR 39/2014), which sets out the new negative investment list containing the business sectors that are closed or are partially open to foreign and domestic investment. The new negative investment list will replace the previous list under PR 36/2010, with a view of integrating Indonesia's economy to ASEAN, as well as accelerating development in the regions.
NautaDutilh assisted Raizen Fuels Finance S.A., as issuer on its USD 500 million 5.3% senior notes offering which successfully closed on 20th January. The issuer is part of the Brazilian Raizen group, the world largest individual producer of sugar cane. The Raizen group also operates a network of more than 5,800 Shell-branded stations in Brazil.
Goltsblat BLP , the Russian practice of international law firm Berwin Leighton Paisner (BLP), has advised ICBC International Leasing , the leasing subsidiary of the world’s biggest financial group, on delivery of six Airbus A321-211 aircraft to Aeroflot.
Seriously offending one’s work colleagues constitutes good cause justifying exceptional notice of dismissal with immediate effect. That was the verdict of the Landesarbeitsgericht (LAG) Rheinland-Pfalz [Regional Labour Court of Rhineland-Palatinate] (Az.: 4 Sa 350/15).
It is possible for the removal of a company from the commercial register to be instigated by the competent authorities due to a lack of assets. Those who wish to oppose such a move should act immediately.
The managing director of a GmbH, a type of German private limited company, is exposed to considerable liability risks. Legal advice ought to be urgently sought to minimize these risks as well as in the event of something happening that raises the issue of liability.
13 February, 2017
If a GmbH, a type of German private limited company, wishes to part company with a manging director, simply dismissing him won’t cut it. The managing director also needs to be removed from his post.