Indonesia Quarterly Regulatory Updates - October 2021

Minister of Law and Human Rights ("MoLHR") Regulation No. 25 of 2021 on Procedures of Registration, Amendment, and Removal of Fiduciary Security ("MoLHR Regulation 25/2021")

Enforcement date:
19 July 2021

• MoLHR Regulation 25/2021 requires fiduciary applicants (i.e., Fiduciary grantees, proxies, or representatives) to obtain the right to access the electronic system to register fiduciary security, amend fiduciary security certificates, or remove the certificates through the fiduciary security registration system (Art. 2 (1) and (2) of MoLHR Regulation 25/2021.
• The fiduciary applicants include: (i) notaries; (ii) corporations (i.e., in the banking industry, non-banking financial industries, or other industries); and (iii) individuals (Art. 3 (2) and (3) of MoLHR Regulation 25/2021).

MoLHR Regulation No. 26 of 2021 on Requirement and Procedure for the Imposition of a Zero-Rupiah Tariff on Legal Services at the Directorate-General of General Legal Administration ("MoLHR Regulation 26/2021")

Enforcement Date:
19 July 2021

• MoLHR Regulation 26/2021 requires the following services of the Directorate-General of General Legal Administration ("Directorate-General") to be provided at a zero-rupiah tariff: (i) provision of information on certain data (regarding, e.g., limited liability companies, foundations, associations, limited partnerships, partnership firms, notary protocols, curators, wills, fiduciary-related matters, political parties, citizenship, citizenship statuses, and/or civil service investigators); (ii) blocking and unblocking of access to the administrative system of legal entities
• of limited liability companies, foundations, and/or associations; (iii) provision of information on the electronic and non-electronic capture and identification of fingerprints; and/or (iv) citizenship and citizenship status (Art. 2 (2) of MoLHR Regulation 26/2021).
• The implementation of zero-rupiah tariff is based on: (i) applications; (ii) Memorandum of understanding; and/or (iii) Cooperation Agreements/ Perjanjian Kerja Sama (PKS) (Art. 3 of MoLHR Regulation 26/2021).
• An applicant (see point (i) above) should submit a written application for the zero-rupiah tariff to the Director-General that will reply to the relevant applicant within a maximum period of 30 business days after duly receiving the application (Art. 4 (1) of MoLHR Regulation 26/2021).

Minister of Investment/Investment Coordinating Board or Badan Koordinasi Penanaman Modal ("BKPM") Circular Letter No. 18 of 2021 on the Amendment to Minister of Investment Circular No. 17 of 2021 on The Transition of Business Licensing Operation to Risk-Based Business Operation through OSS System. ("BKPM CL 18/2021)

Enforcement Date:
29 July 2021

• BKPM CL 18/2021 amends some details on business activities and the Indonesian Standard Industrial Classification Codes/ Klasifikasi Baku Lapangan Usaha Indonesia ("KBLI") in connection with the implementation of the new risk-based business licensing through the Online Single Submission system.
• Several changes and revisions in BKPM CL 18/2021 include, among others, the account and audit activities are now under the Ministry of Finance (previously under the Ministry of Tourism and Creative Economy), toll road activities are now under the Ministry of Public Works and Public Housing (previously under the Ministry of Transport). Given the revisions, the system would be updated accordingly.

Minister of Manpower ("MoM") Regulation No. 15 of 2021 on Procedure for the Provision of Unemployment Insurance

("MoM Regulation 15/2021")

Enforcement Date:
28 July 2021

• The Unemployment Insurance benefits consist of cash payments, access to job marker information, and access to work trainings (Art. 2 of MoM Regulation 15/2021).
• Benefits are granted to participants who had their employment terminated, with working relationships based on work agreements under specified timeframes (PKWT), or unspecified timeframes (PKWTT). JKP (the unemployment insurance) participants should want to work again in the future.
• Work trainings will be granted to participants who have not been reemployed and have been recommended by the employment agency or inter-employment officers to join the work trainings (Art. 17 of MoM Regulation 15/2021).

MoM Circular Letter No. M/9/HK.04/VII/2021 on Optimization of Health Protocols in the Workplace and Provision of Health Essentials and Facilities for Workers/Laborers by Companies during the Corona Virus Disease Pandemic ("MoM CL M/9/HK.04/VII/2021")

Enforcement Date:
3 July 2021

• Under MoM CL M/9/HK.04/VII/2021, the Minister of Manpower requires governors across the country to urge business actors to:
• 1. optimize the implementation of MoM Circular No. M/7/AS.02.02/V/2020 on Business Continuity Plan during COVID-19 Pandemic and COVID-19 Transmission Prevention Protocol for Companies;
  2. comply with the Enforcement of Community Activity Restrictions (Pemberlakuan Pembatasan Kegiatan Masyarakat);
  3. support the government policies on COVID-19 vaccination programs by encouraging and facilitating their workers/employees to get the vaccine shots;
  4. provide sufficient health essentials, including masks, hand sanitizers, supplements, and other related services in their companies for their workers/employees on a regular basis.
  5. optimize the role of Committees for Occupational Safety and Health/ Panitia Pembina Keselamatan dan Kesehatan Kerja ("P2K3") in their companies. Otherwise, companies should establish a task force for COVID-19 handling and coordinate with the regional task force.