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 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 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).
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 ongoing outbreak of the Coronavirus Disease 2019 (“COVID-19”) has disrupted the stability of the financial system and economic growth, which particularly include the performance and capacity of the credit. As a response to this situation, the Financial Service Authority (Otoritas Jasa Keuangan “OJK”) has issued POJK 11/20, as an effort to stimulate the affected debtors, including micro-small-and medium scale enterprises (Usaha Mikro, Kecil dan Menengah ”UMKM”).
The World Health Organization on Wednesday, March 11, 2020, declared that COVID-19 is a pandemic. Business is most likely to experience the effect. If a businessman cannot perform contractual obligations as a result of the COVID-19, force majeure clauses will be very important.