Potential Disputes Under Common Construction Contract (1)
This article is intended to overview the most common areas of potential disputes and the avoidance of disputes in the construction sector.
Debt Restructuring Agreements through PKPU (2)
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.
Debt Restructuring Agreements through PKPU (1)
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.
Most Causes of Disputes in Indonesian Mining Sector
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.
Summary of “POJK 11/20” Regulation In Relation To The Impact of COVID19 Outbreak
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”).
COVID-19 Pandemic as a Force Majeure Event
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.
Construction Disputes and Their Settlement in Indonesia
The government commits to realizing the ‘equitable construction sector’ by issuing Law No. 2 of 2017 on Construction Services (“Construction Law”) as a legal instrument that guides the implementation of construction services in Indonesia.
Establishment of Foreign Construction Service Companies in Indonesia
Under the Construction Law (Law No. 2 of 2017 on Construction Services), it is possible for foreign construction companies to operate their business in Indonesia with special requirements. There are several aspects to consider prior to establishing foreign construction companies in Indonesia.
P2P (Peer to Peer) Lending
P2P Lending combines internet technology and financial services aimed at improving and automating the delivery of financial services.
Establishment of Foreign Company in Indonesia
Foreign Investment under Investment Law is defined as any investing activities in running businesses within the territory of the Republic of Indonesia carried out by any foreign investors (including foreign citizens, foreign corporations, or foreign states) which are either entirely made up of foreign capital or made up of joint capital between foreign and domestic capital