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Market activity picked up considerably following the 2014 presidential election, most notably within the transactional and finance spaces. The areas of corporate and M&A, projects and shipping have seen a lot of joint venture work, and there is increased interest in the insurance and telecoms markets.
Indonesia continues to be an attractive hub for foreign investment, though the newly introduced regulatory changes have resulted in a more cautious approach from investors. Most notably, the rapid growth of the transactional market has been affected by the mandatory use of the Rupiah in all Indonesian transactions and the ban on the export of unprocessed minerals.
The energy sector has continued to flourish, and despite the notable drop in commodity prices over the past year, the extractive industry still generates a significant proportion of the national revenue. The new government has heavily increased its focus on infrastructure, and the education and healthcare sectors have also been subject to investment.
Major local and foreign firm alliances include Hadiputranto, Hadinoto & Partners, a member firm of Baker & McKenzie, Ginting & Reksodiputro in association with Allen & Overy, and Hiswara Bunjamin & Tandjung in association with Herbert Smith Freehills, and a number of newly formed ties have been established in the past 12 months. Key local independent firms include Assegaf Hamzah & Partners, Ali Budiardjo, Nugroho, Reksodiputro and SSEK Legal Consultants.
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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.
A testator who makes a gift during his lifetime may give rise to tax advantages. However, any gifts need to be taken into account when calculating the compulsory portion.
Montenegrin media outlets have recently reported that the initial phase of the tender for the pre-qualification procedure in awarding the concession for the Kotor-Lovćen-Cetinje cableway – announced on 3 August in the Official Gazette of Montenegro – will be open to interested parties until 5 October this year. The president of the Tender Commission, Daliborka Pejović, pointed out that seven potential concessionaires have so far shown great interest for submitting the required documentation in the pre-qualification stage.
Karanović & Nikolić is pleased to have advised on the recent public procurement case in which our client – the seller – provided the City of Belgrade with five new electric buses for the city's public transport system. The team that led the client throughout the process was represented by Marjan Poljak, Partner, and Ana Stanković, Senior Associate.
Recent news reports from Bosnia tell us that the BiH government, represented by the federal prime minister for economic issues and investments, Suvad Osmanagić, paid a visit to Bihać with Ludovico Camozzi, the president and owner of Camozzi – an Italian company that produces industrial automation machinery.
Ever since Serbia’s Stabilisation and Association Agreement with the EU (‘SAA’) entered into force in September 2013, Serbian media have paid significant attention to the country’s obligations concerning the acquisition of agricultural land by foreigners. The fear of one part of the public appears to be that, due to the application of the SAA, large portions of Serbian agricultural land will be sold out to foreigners.
This article was initially featured in CEE Legal Matters, June 2016 edition.
Claims arising from a D&O (Directors & Officers) insurance policy can be ceded to the employer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of April 13, 2016 (Az.: IV ZR 304/13).
According to latest media reports, the governments of Serbia and Bulgaria have agreed on the formulation of a new memorandum for the task of building a gas pipeline between the two countries, during a recent meeting of the group for gas connections in Central and South East Europe that was held in Budapest.
An interesting news update has recently come up in the media, as the Serbian roads company "Putevi Srbije", and the Ministry of Construction, Transport, and Infrastructure – together with the representatives of the relevant institutions in Romania – announced that a contract on implementing a cross border project of building the Belgrade-Timisoara highway is due to be signed in the next two weeks.
Media reports are letting us know that the "Serbia - A Strategic Crossroads between Western and Eastern Europe," conference was held in Paris on 15 September, where the French companies were presented with the political and economic environment in Serbia, as well as with the ensuing investment opportunities and the possibility of financing economic projects.