Legal Updates

Indonesia’s financial regulator, the OJK (Otoritas Jasa Keuangan), has recently issued new rules for non-bank financial companies, including those involved in financing, infrastructure, and venture capital. These rules, outlined in OJK Regulation No. 46 of 2024 on Development and Strengthening of Financing Companies, Infrastructure Financing Companies, and Venture Capital Companies, are designed to strengthen and develop these crucial sectors.

The Certificate of Indonesian Citizenship (Surat Keterangan Status Kewarganegaraan Republik Indonesia or “SKSK RI”) is crucial for Indonesians living abroad. It serves as official proof of nationality, ensuring individuals can exercise their rights and access legal protections while residing abroad.

Badan Arbitrase Nasional Indonesia (“BANI”) has published its 2025 Rules and Procedures. These updated rules introduce significant changes that could impact how businesses handle dispute resolution and raise important considerations for parties involved in arbitration under BANI.

The Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) has issued OJK Regulation No. 40 of 2024 on Information Technology Based Collective Funding Services, bringing significant changes to the peer-to-peer (P2P) lending landscape in Indonesia.

Starting 1 March 2025, a new regulation, Government Regulation No. 8 of 2025, changes the rules for how natural resources exporters must manage their foreign currency earnings, known as DHE SDA (devisa hasil ekspor sumber daya alam, or foreign exchange proceeds from natural resources).

Carbon capture and storage (“CCS”) is recognised as a viable and effective solution that plays a key role in the effort to curb global warning. The Indonesian Ministry of Energy and Mineral Resources has issued MEMR Regulation No. 16 of 2024 on the Organisation of Carbon Storage in CCS Blocks, a significant development in the nation’s efforts to advance CSS.

Recently, Indonesia’s shipping sector experienced a significant change with the enactment of Law No. 66 of 2024.

On 16 December 2024, Bank Indonesia (“BI”) issued BI Regulation No. 9 of 2024 on the Management of Foreign Exchange Traffic, which came into force on 23 December 2024.

At the end of 2024, Indonesia’s Financial Services Authority or OJK issued a new regulation aimed at giving banks more flexibility to offer a wider range of services while maintaining compliance with prudential principles.

Law No. 4 of 2023 or more commonly known as the PPSK Law continues to reshape Indonesia’s financial landscape.

A new regulation governing customs and excise audit was issued by the Minister of Finance in December 2024.

In a recent decision, the Constitutional Court clarified what qualifies as a “foreign arbitral award” under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.

The year 2023 marked a turning point for Indonesia’s financial sector with the enactment of the “omnibus law for the financial sector”, officially known as Law No. 4 of 2023 on Financial Sector Development and Reinforcement (PPSK Law).

Indonesia has long grappled with public health concerns tied to tobacco and other addictive substances. This is especially challenging given its status as one of the world’s largest tobacco markets.

The Indonesian Constitutional Court recently issued a landmark decision affecting the insurance industry.

In November 2024, the Ministry of Environment issued a new regulation, Decree No. 22 of 2024 on the Delegation of Environmental Approval Processes Under Central Authority to Provinces and Regencies/Municipalities to Support the Implementation of Business Licensing.

On 12 January 2025, oversight of Indonesia’s crypto asset trading sector will shift from the Commodity Futures Trading Regulatory Agency, known as Bappebti, to the OJK, Indonesia’s Financial Services Authority.

In recent times, the Indonesian media has been buzzing with reports that the government has officially tightened its ban on infant formula milk (susu formula) promotion.

In October 2024, the President of the Republic of Indonesia passed Law No. 65 of 2024 to amend Law No. 13 of 2016 on Patent.

The Indonesia Competition Commission (Komisi Pengawas Persaingan Usaha or “KPPU”) recently issued a press release highlighting its findings of potential anti-competitive practices in how state-owned enterprises procure goods and services.

In a significant decision on 31 October 2024, Indonesia’s Constitutional Court issued a ruling with major implications for the country’s labour law.

Starting from November 2024, Indonesia’s financial services industry will be subject to several important consumer protection obligations under OJK Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector.

As discussed in our previous update on this topic, Indonesia’s mandatory halal regime for various goods and services is being implemented in stages, beginning today, 17 October 2024.

A new bilateral investment treaty between Indonesia and Switzerland, namely the Indonesia-Swiss Agreement on the Promotion and Reciprocal Protection of Investments, came into force in August 2024.

The Minister of Finance Regulation No. 47 of 2024 introduces new anti-avoidance measures and expands reporting requirements, reflecting a global shift towards greater transparency and cooperation in tax matters.

The anticipated healthcare overhaul in Indonesia has officially begun as the government enacted Government Regulation No. 28 of 2024 as the implementing regulation of Law No. 17 of 2023 on Health.

The Indonesian government has taken a significant step in promoting domestic participation in the energy sector with the recent enactment of Minister of Energy and Mineral Resources Regulation No. 11 of 2024 on Utilisation of Domestic Products for the Construction of Electrical Infrastructure (“Regulation”).

In July 2024, the Indonesian Constitutional Court handed down a decision that extended the non-use period of trademarks from three years to five years.

In July 2024, the Minister of Finance issued Minister of Finance Regulation No. 48 of 2024 on the Imposition of Safeguard Import Duty on Imports of Fabric Products and Minister of Finance Regulation No. 49 of 2024 on the Imposition of Safeguard Import Duty on Imports of Carpets and Other Floor-Covering Textile Products.

In late July 2024, the Indonesian government released a draft Presidential Regulation on Legal Compliance in the Formation and Implementation of Law.

In an attempt to simplify the tax framework in Indonesia, the Director General of Tax has issued DGT Regulation No. PER-6/PJ/2024 to merge the individual tax ID numbers (Nomor Pokok Wajib Pajak or NPWP) with the national ID (Kartu Tanda Penduduk or KTP) number (called Nomor Induk Kependudukan or NIK).

In June 2024, the Ministry of Law and Human Rights passed the Ministry of Law and Human Rights Regulation No. 15 of 2024 on the Management of Royalties for Secondary Licensing of Copyright of Books and Other Literary Works.

In June 2024, the Minister of Finance (“MOF”) issued an update on the regulation governing export duties through MOF Regulation No. 38 of 2024 on Determination of Exported Goods Subject to Export Duty and Export Duty Rates (“New Regulation”).

Starting from May 2024, public investors in Indonesia enjoy greater transparency of information on potentially problematic listed companies and/or issuer of bonds or sukuk.

In June 2024, the House of Representatives ratified the draft law governing the welfare of mothers and children.

For several years, the Indonesia Competition Authority (KPPU) has diligently focused on micro, small, or medium enterprise (MSME) partnerships. The recent issuance of a new regulation in this field underscores their unwavering commitment to this area.

The Indonesian government enacted two regulations for the gaming industry in early 2024. These regulations, which we will discuss in this alert, put the gaming industry under the spotlight and solidify the government’s commitment in revitalising Indonesia’s gaming industry.

In February 2024, the Constitutional Court handed down a decision that extended the meaning of “business premises” (tempat perdagangan) in Article 10 of the Copyright Law (Law No. 28 of 2014).

In the past several months, the Minister of Trade has issued two new regulations on imports. First, in December 2023, the Ministry enacted Ministry of Trade Regulation No. 36 of 2023 on Import Policies and Provisions, which came into effect on 10 March 2024

Starting on 28 August 2024, shareholders of a public company will be subject to a potentially game-changing set of requirements on the reporting of ownership or changes in ownership of a public company’s shares and encumbrances of a public company’s shares.

In July 2023, the Financial Services Authority (“OJK”) issued OJK Regulation No. 11 of 2023 to regulate the spin-off of sharia units of insurance and reinsurance companies.

On 15 March 2024, the Ministry of Manpower issued Circular Letter No. M/2/HK.04/III/2024 on the implementation of THR (tunjangan hari raya) or religious holiday allowance for 2024.

In January 2024, the Ministry of Energy and Mineral Resources (“MEMR”) enacted MEMR Regulation No. 2 of 2024 to replace and revise MEMR Regulation No. 26 of 2021.

Countries and companies are setting aggressive net-zero emission targets, and Indonesia is in top gear in ensuring that carbon capture, and storage (CCS) is available as one of the necessary tools to reach its domestic net-zero target in 2060.

Indonesia’s Financial Services Authority or Otoritas Jasa Keuangan (OJK) has enacted several changes on share buyback by public companies.

In November 2023, Indonesia’s Financial Services Authority or OJK (Otoritas Jasa Keuangan) introduced a new implementing regulation on peer-to-peer or P2P lending (which itself is regulated by OJK Regulation No. 10/POJK.05/2022 on Information Technology-Based Collective Financing Services (“P2P Regulation”). The new implementing regulation, Circular Letter No. 19/SEOJK.06/2023 on the Organisation of Information Technology-Based Collective Financing Services regulates the provisions in the P2P Regulation in more detail.

The Financial Services Authority or OJK enacted OJK Regulation No. 23 of 2023 on Business and Institutional Licensing for Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies at the end of 2023.

The Electronic Information and Transaction Law, initially amended in 2016 (“EIT Law”), underwent a significant transformation on 2 January 2024 with the enactment of the government-initiated and second amendment of the EIT Law.

On 18 January 2024, President Joko Widodo appointed the new commissioners of the KPPU (Komisi Pengawas Persaingan Usaha or the Indonesia Competition Commission) for the 2024-2029 period.

2023 was all about Artificial Intelligence or AI; this tech darling’s worldwide rise is poised to continue in 2024. AI’s benefit is well documented as its application continues to evolve.

In November 2023, Indonesia’s Financial Services Authority or OJK (Otoritas Jasa Keuangan) introduced a new implementing regulation on peer-to-peer or P2P lending (which itself is regulated by OJK Regulation No. 10/POJK.05/2022 on Information Technology-Based Collective Financing Services (“P2P Regulation”). The new implementing regulation, Circular Letter No. 19/SEOJK.06/2023 on the Organisation of Information Technology-Based Collective Financing Services regulates the provisions in the P2P Regulation in more detail.

We are pleased to provide you with our 2023 Indonesian Competition Law Kaleidoscope, featuring a flashback of this year’s major developments in the Indonesian competition law sector.

Despite ongoing demands for the revision of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, which has remained effective for 24 years, no amendments have been made so far.

As discussed in our previous Client Alert, the Minister of State-Owned Enterprises (“Minister”) has issued the BUMN Omnibus Regulations at

As discussed in our previous Client Alert, the Minister of State-Owned Enterprises has issued the BUMN Omnibus Regulations at the end of March 2023, which consolidated and integrated over 45 ministry-level regulations. The BUMN Omnibus Regulations comprise three ministry-level regulations.

In response to the ever-increasing labour demands while simultaneously addressing unemployment issues, Joko Widodo, the Indonesian President, recently signed Presidential Regulation No. 57 of 2023 on Mandatory Reporting of Job Vacancies into force on 25 September 2023.

In line with the ongoing development in Indonesia’s new capital, Ibu Kota Nusantara, commonly referred to as IKN, the government

The second semester of 2023 continued to be an active year in the Indonesian legal landscape. After revamping the financial

Law No. 33 of 2014 on Halal Product Assurance (“Law“) requires products entering, circulating, and being traded in Indonesia to

Back in January of this year, Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector granted the authority to regulate and oversee financial services activities in the carbon exchange sector to the Financial Services Authority (Otoritas Jasa Keuangan or “OJK”).

Among the many topics covered by the so-called “P2SK Law” or the Omnibus Law for the financial sector (i.e., Law

The global legal landscape is continually evolving, and we have seen how technological advancements have revolutionised the way the legal

In July 2023, the Indonesian crypto market finally came full circle when the current Indonesian crypto regulator (the Commodity Futures Trading Regulatory Agency or Badan Pengawas Perdagangan Berjangka Komoditi (Bappebti) approved PT Bursa Komoditi Nusantara to run the crypto asset bourse.

Starting from 1 August 2023, exporters of natural resources products, namely those generated from mining, plantation, forestry, and fishery businesses,

In June of this year, the Indonesia Stock Exchange (“IDX”) issued the Board of Directors of the IDX Decree No. Kep-00081/BEI/05-2023 on Regulation No. I-X on the Placement of Equity Securities Listing on the Watchlist Board (“Decree”) to introduce a new listing board, namely the Watchlist Board, to the public.

On 14 June 2023, the Financial Services Authority (“OJK“) issued OJK Regulation No. 8 of 2023 on the Implementation of

The government, via the Ministry of Finance, recently issued Ministry of Finance Regulation No. 66 of 2023 (“Regulation“). The Regulation

As highlighted back in 2022 (click here to read our previous client alert on the same topic), the government had

The Minister of State-Owned Enterprises (“Minister“) issued the BUMN Omnibus Regulations at the end of March 2023, which consolidated and

This year, the Indonesia Competition Commission (“KPPU”) has made a series of measures to improve the country’s competition enforcement by issuing new regulations and guidelines.

Shortly after the enactment of Law No. 27 of 2022 on Personal Data Protection (“PDP Law“) on 17 October 2022

Starting from April 2023, businesses must follow the new case handling procedure regulation under the Indonesia Competition Commission (“KPPU“) Regulation

The Indonesia Competition Commission or KPPU has issued a new merger control regulation, namely KPPU Regulation No. 3 of 2023

Last year, the Financial Services Authority (“OJK“) issued OJK Regulation No. 11/POJK.03/2022 on the Implementation of Information Technology by Commercial

The relocation of Indonesia’s capital from Jakarta to a new location in Kalimantan has been discussed for several decades. This

In early January of this year, the Indonesian government enacted the ‘Omnibus Law for the financial sector’, or Law No.

In a situation involving a tax crime, the tax authority must carry out a pre-investigation audit before proceeding with an

As a follow-up to OJK Regulation No. 29/POJK.04/2021 on Offerings Classified as Non-Public Offering (“Regulation”), the Financial Services Authority (Otoritas

As readers may be aware, the Indonesian legislation has equipped the tax authority with several specific measures to combat tax

Last November, the Constitutional Court declared Law No. 11 of 2020 on Job Creation or commonly known as the Omnibus

Since 2006, parties importing intangible goods such as software or other digital goods via electronic transmission into Indonesia are required

On the heel of a lengthy debate and despite the controversy surrounding it, Law No. 1 of 2023 on Indonesian Criminal Code (“Law 1/2023”) has been promulgated on 2 January 2023. Law 1/2023 replaces the previous Criminal Code, which dates to the Dutch colonial era.

As a follow-up to our last client update (click here to read the client update) on the personal data protection

In an ideal world, disputes would be able to be resolved amicably. In practice, however, disputes are more often settled

After more than two years in the pipeline, the Indonesian Parliament finally passed the long-awaited personal data protection bill (“PDP

As the fourth most populous country in the world and the largest economy in Southeast Asia, Indonesia’s energy demands are

Since its establishment in 2006, the Audit Board of the Republic of Indonesia (Badan Pemeriksa Keuangan or “BPK“) has been

It is no longer a secret that the global crypto industry is experiencing what some commentators have dubbed a “Crypto

In July 2022, Indonesia’s Financial Services Authority or OJK (Otoritas Jasa Keuangan) introduced a new regulation on peer-to-peer or P2P

The Indonesian government recently enacted Government Regulation No. 24 of 2022 on the Implementing Regulation of Law No. 24 of

After almost a two-decades-long wait, President Joko Widodo finally issued a government regulation on state-owned enterprises. Issued on 8 June

The Minister of Communications and Information Technology recently clarified the deadline for the mandatory registration requirement that applies to electronic

As part of the relocation of Indonesia’s capital city from DKI Jakarta to Nusantara, President Joko Widodo has issued Presidential

Late last year, both the OJK (Indonesia’s Financial Services Authority) and the Board of Directors of the IDX (Indonesia Stock

On 6 April 2022, the Indonesian Competition Commission (“KPPU“) published two new regulations. The first Regulation revokes the relaxation introduced

Starting from 1 March 2022, property buyers have one more item on their to-do list when purchasing properties in Indonesia.

Similar to most jurisdictions, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Indonesian Arbitration Law“) recognises at

On 1 December 2021, the Financial Services Authority (Otoritas Jasa Keuangan or OJK) issued the long-anticipated regulation governing the implementation

On 29 October 2021, shortly before the 2021 United Nations Climate Change Conference (COP 26), Indonesia issued Presidential Regulation No.

From 30 October 2021, digital banks in Indonesia will be regulated under two new regulations issued by the OJK, Indonesia’s Financial Services Authority.

In August this year, the government revisited the regulation on rooftop solar systems and issued the Ministry of Energy and Mineral Resources (“MEMR”) Regulation No. 26 of 2021 (“New Regulation”).

When the Omnibus Law (Law No. 11 of 2020) was enacted, one of the changes in the competition law regime was moving the appeal against decisions of the Indonesia Competition Commission (“KPPU”) from the district court to the commercial court.

Early this month, OJK, Indonesia’s Financial Services Authority, issued Circular Letter No. 20/SEOJK.04/2021 in response to the impact brought by the current pandemic towards the capital market sector. The Circular reaffirmed the validity of past relaxations provided by OJK, in addition to introducing new relaxations.

Early this month, OJK, Indonesia’s Financial Services Authority, issued Circular Letter No. 20/SEOJK.04/2021 in response to the impact brought by the current pandemic towards the capital market sector.

Following up on the government’s move to confirm the cap on administrative fines for competition law violations, the KPPU has issued an implementing technical regulation on administrative fines.

In this Update, we will set out practical tips on the format, content, and structure of affidavits that parties, witnesses, and experts may wish to consider when drafting affidavits to be submitted before an Indonesian tribunal or an Indonesian-seated arbitration.

Indonesia’s Financial Services Authority, or OJK, recently enacted Regulation No. 3/POJK.04/2021 on Implementation of Capital Market Activities. In line with

To implement the relevant provisions of the Omnibus Law (Law No. 11 of 2020) with respect to foreign investment, the government has introduced a new investment list to replace the Negative Investment List under Presidential Regulation No. 44 of 2016 and Presidential Regulation No. 76 of 2007.

Following the enactment of Law No. 11 of 2020, commonly known as the Omnibus Law, the government has introduced the necessary implementing regulations to the law. Of the proposed changes under the Omnibus Law, one, in particular, will affect all businesses, namely the shift from a commitment-based licensing regime to a risk-based licensing regime.

As discussed in our initial client update, the Omnibus Law (Law No. 11 of 2020) gave the employment sector a significant overhaul. But the large-scale change also created gaps. Now, the government seeks to fill in these gaps by enacting four implementing regulations for this sector.

One of the topics that were left open-ended under the Omnibus Law was the removal of the cap on administrative fine and criminal sanctions for violations of the Competition Law (Law No. 5 of 1999). We mentioned then that a new cap is likely to be introduced. The newly issued government regulation for the Omnibus Law on competition (Government Regulation No. 44 of 2021 on the Implementation of Prohibition of Monopolistic Practices and Unfair Business Competition) confirmed this finding.

Recognising the need to synergise the various rules in the capital market sector, the Board of Directors of the Indonesia Stock Exchange (IDX) recently issued a decree to amend IDX Rule No. I-E on Obligation of Information Submission.

2019 was a pivotal year in Indonesia’s digital business landscape as the government issued, among others, Government Regulation No. 71 of 2019 on Electronic Systems and Transactions.

At the end of last year, Indonesia’s central bank, Bank Indonesia or BI issued a regulation on the payment system (BI Regulation No. 22/23/PBI/2020). This regulation, which will come into effect on 1 July 2021, was issued as part of BI’s initiation to reform Indonesia’s payment system regime stated in BI’s 2025 Payment System Blueprint.

In a recent case, the Constitutional Court took a stand and rejected a judicial review petition filed by several TV giants that internet-based broadcasting (also known as over-the-top (“OTT”) broadcasting) should fall within the scope of the Broadcasting Law (Law No. 32 of 2002).

The Indonesia Stock Exchange (“IDX”) is currently preparing a new listing regulation to update the current listing regulation. The new regulation will add a definition of public float, which will address which shareholders of a public company can be calculated as part of the public shares of such company.