A standard contract form does not of course fit all construction projects meaning that it may still demand necessary modifications in certain areas as per the needs of project owners and also that of other participants, such as contractors, sub-contractors, etc. However, a standard contract form is normally well understood by the related participants
Tax Court Law defines tax disputes as disputes on taxation between taxpayers vis a vis the official in charge as a result of an appealable order or claim against the tax court under applicable regulations, including claims against tax collection conducted by forced warrant.
Here are the other areas of potential disputes that need to be noted, and how to avoid the disputes.
This article is intended to overview the most common areas of potential disputes and the avoidance of disputes in the construction sector.
By the end of July 2020, OJK had announced that Micro Small Medium Enterprises (“UMKM”) and corporate sectors had received debt restructuring with a total amount of IDR 776 trillion. In such cases, a debtor as a businessman has the freedom to decide whether to settle the dispute through the PKPU or litigation mechanism.
From January to June 2020, reportedly, petitions for Suspension of Debt Payment Obligation (“PKPU”) have rapidly increased. The Case Tracking Information System (“SIPP”) of 5 commercial courts in Jakarta, Medan, Semarang, Surabaya, and Makassar has recorded 249 PKPU cases, an increase of 52,76% compared to the previous year with only 163 cases.
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.