Litigation or arbitration as a commercial litigation proceeding requires a massive amount of capital due to litigation costs. Such the facts prevent people who seek for justice from pursuing their claims. However, several countries have a mechanism for litigation financing or lawsuit lending, which is well-known as Litigation Funding.
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).
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.
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.