The Government of Indonesia has issued regulations related to the obligation to use national vessels for certain commodity export and import activities. The obligation is regulated under Regulation of the Minister of Trade No. 82 of 2017

The Ministry of Energy and Mineral Resources has issued new regulations related to licensing of mineral and coal business activities. It is Ministerial Regulation No. 7 of 2020 on Procedures for Area Granting, Licensing, and Reporting on Mineral and Coal Mining Business Activities (“MR 7/2020”).

In an effort to maintain economic stability as a result of Covid-19, the government of the Republic of Indonesia through the Minister of Finance of the Republic of Indonesia has issued regulations regarding incentives for Taxpayers during the Covid-19 pandemic.

The government has yet to issue regulations with regard to termination of employment specifically during the Covid-19 pandemic. Companies should, therefore, follow the regulations as stipulated under Law Number 13 of 2003 Concerning Manpower.

Multiple construction projects have been delayed or even canceled – as an impact of the pandemic. Various reasons may cause this issue, such as material and/or workforce shortages, disrupted mobilization, travel restrictions, physical distancing policy, or even suspension of all construction activities.

Following Indonesia’s Rising Stars 2020 award for Rizky Dwinanto (Partner at ADCO Law) and the NexGen Lawyers 2020 for Endah Sulastri (Associate Lawyer at ADCO Law), good news has once again come from our lawyer. Now, it comes from our Managing Partner, Dendi Adisuryo. He has been listed in the A-List: Indonesia's Top 100 Lawyers 2020 by the Asia Business Law Journal.

The President of the Republic of Indonesia, Joko Widodo, said that one of the important concerns in his term of office in the 2019-2024 period was to invite the DPR-RI to issue the Omnibus Law. Omnibus Law is expected to be the answer to revising overlapping laws that obstruct investment and business in Indonesia.

At the end of 2019, the government is more vigorous in attracting both domestic and foreign investors to invest in Indonesia. Having previously enacted a ‘tax holiday’ policy package, the government through Presidential Instruction of the Republic of Indonesia Number 7 of 2019 concerning the Acceleration of Ease of Business (Inpres 7/2019) instructs all the ministers/heads of institutions to draft regulations aimed at simplifying business licensing process and providing investment incentives for investors.

For companies that are already on the verge of bankruptcy, with debts of billions and even trillions of rupiahs, and financial conditions that are predicted to not make them be healthy, who says there is no hope of operating again?

Trade ministers from member economies of the Asia Pacific Economic Cooperation (APEC) are convening in Chile, host of the APEC 2019, to strengthen regional economic integration, against a backdrop of slowing trade growth.

Given the importance of cash flow at this time, on April 27, 2020, the Indonesian Ministry of Finance issued regulation No.44/PMK.03/2020 of 2020 on Taxation Incentives for Taxpayers Affected by the Coronavirus Pandemic (“MOF Regulation 44/2020”).

Law No. 3 of 2020 concerning amendments to Law No. 4 of 2009 (“the New Mining Law”) has majorly revised various provisions of the Mining Law.

In the Indonesian judiciary, the Constitutional Court (Mahkamah Konstitusi) and the Supreme Court (Mahkamah Agung) are two separate judicial bodies that have different functions and powers. These courts have the authority to conduct judicial review.

The Indonesian government has issued Government Regulation (PP) Number 25 of 2020 concerning the Public Housing Savings (‘Tabungan Perumahan Rakyat/Tapera) program as an implementation of Law No 4 of 2016. This mandatory arrangement, which is mainly intended to provide housing financing for low-income participants, is a periodic deposit savings scheme used as the basis for housing financing requests.

There are many challenges in implementing the Mining Law and other regulations related to mining activities, particularly in disputes of ownership of shares in companies, overlaps of mining area, sale and purchase of mining commodities, mining service contracts, and investment failures.

The Mining Law has not yet resolved legal issues related to licensing, processing and/or refining, protection the affected community, and sanctions. Therefore, on 12 May 2020, the House of Representative (Dewan Perwakilan Rakyat “DPR”) passed the Bill of the Mining Law.  As of 10th June 2020, this Mining Bill has been signed by President Joko Widodo and passed into the New Mining Law (Law no. 3 of 2020).