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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Makarim & Taira S.

View the listing for Makarim & Taira S.

EXPATRIATES WORKING IN INDONESIA: ARE THEY PERMANENT OR FIXED TERM EMPLOYEES?

December 2011 - Employment. Legal Developments by Makarim & Taira S..

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In Indonesia, despite it being generally accepted that a foreign employee is by nature a fixed term employee, recent rulings of the Industrial Relations Court or the Supreme Court have given rise to some arguments among scholars, legal practitioners and jurists since the rulings have recognized foreign employees as ‚Äėpermanent‚Äô employees and therefore entitled to severance pay upon termination of their employment in Indonesia.

Regulation on Pre-Notification of Mergers, Consolidations and Acquisitions in Indonesia

August 2010 - Corporate & Commercial. Legal Developments by Makarim & Taira S..

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Mergers, consolidations and acquisitions are three means commonly used by businesses, among other things, to expand and increase their efficiency. They can also attract the attention of competition regulators, as these types of transactions can result in an increase of concentration in the relevant market, which may eventually result in the occurrence of monopolistic practices and/or unfair business competition, as defined by the relevant laws.

ENFORCEMENT OF AN INTERNATIONAL/FOREIGN ARBITRATION AWARD

August 2010 - Litigation & Dispute Resolution. Legal Developments by Makarim & Taira S..

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Requirements and Procedures under the Arbitration Law

The requirements and procedures for enforcement of an international/foreign arbitration award in Indonesia are regulated in the Indonesian Arbitration Law (Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, particularly Articles 65 to 69). Previously, enforcement of an arbitration award is governed by Supreme Court Regulation Number 1 of 1990. The Arbitration Law does not specifically revoke this Supreme Court regulation. However, as the Arbitration Law now provides greater legal certainty, it is usually assumed that the parties will now enforce arbitration awards under the Arbitration Law.

TERMINATION FOR SERIOUS MISCONDUCT: ENFORCEMENT AND RECENT DEVELOPMENTS

October 2009 - Employment. Legal Developments by Makarim & Taira S..

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I. Introduction: It has been over 4 years since the Constitutional Court’s ruling on 26 October 2004 which declared that Article 158 and other relevant articles of the Manpower Law in relation to serious misconduct were against the Indonesia Constitution and therefore were not legally binding. The legal effect of the ruling was that an employer cannot immediately terminate an employee for serious misconduct. Instead an employer must report the act to the police and then follow the criminal proceedings under the Indonesian Criminal Procedure Law. Only upon receiving a criminal judgment of the district court that the employee is guilty (and if the decision is not appealed by the employee) can the employer terminate the employee.

INDONESIA - INTEGRATED ONE-STOP SERVICES IN THE CAPITAL INVESTMENT SECTOR

October 2009 - Corporate & Commercial. Legal Developments by Makarim & Taira S..

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On 23 June 2009, Presidential Regulation No. 27 of 2009 on Integrated One-Stop Services in the Capital Investment Sector (‚ÄúPR 27‚ÄĚ) was issued. PR 27 was enacted to implement Article 26(3) of Law No. 25 of 2007 Regarding Capital Investment (‚ÄúLaw 25‚ÄĚ), which requires the issuance of a Presidential Regulation for further implementation of the ‚Äúone gate policy in investment services‚ÄĚ.