2023 Indonesian Competition Law Kaleidoscope
2023 was another busy year for AHP competition team. We saw several Indonesian authorities catching up with the recuperation of businesses by implementing regulatory changes that have impacted our clients.
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.
As always, if you have any questions or would like to discuss, please do not hesitate to contact one of our Competition lawyers.
A New Dawn for Arbitration in Indonesia under Supreme Court Regulation No. 3 of 2023
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. This has sparked concerns among legal practitioners and academics, who worry that this outdated law might discourage users, especially international parties, from choosing to arbitrate in Indonesia. Two recent surveys underscore the pivotal role of domestic arbitration laws in attracting users and positioning Indonesia as a preferred seat for arbitration (namely the 2021 International Arbitration Survey: Adapting Arbitration to a Changing World by Queen Mary University of London and the Singapore International Dispute Resolution Academy, International Dispute Resolution Survey: 2022 Final Report). A 'modern' arbitration law is also deemed essential for recognition as a 'safe' seat under the CIArb London Centenary Principles 2015.
Against this backdrop, the Supreme Court recently announced a new era for both domestic and international arbitration by enacting Supreme Court Regulation No. 3/2023 on the Procedure for the Appointment of Arbitrators by the Court, Challenge Rights, Examination of Enforcement Applications, and Arbitral Award Annulment.
This article will highlight key features of the Regulation, detailing the changes that will reshape Indonesia as the next emerging dispute resolution hub across the continent.
Navigating Corporate Governance and Risk Management Requirements in the BUMN Omnibus Regulation
As discussed in our previous Client Alert, the Minister of State-Owned Enterprises (“Minister”) 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 comprised of three ministry-level regulations:
- Minister Regulation No. PER-1/MBU/01/2023 on Direct Appointments and Environmental Social Responsibility Programs of State-Owned Enterprises;
- Minister Regulation No. PER-2/MBU/02/2023 on Guidelines for the Governance and Significant Corporate Activities of State-Owned Enterprises (“Regulation 2/2023”); and
- Minister Regulation No. PER-3/MBU/03/2023 on State-Owned Enterprise Organisation and Human Resources.
This article will focus on Regulation 2/2023, which repealed and replaced 20 Minister Regulations on corporate governance of state-owned enterprises. Under Regulation 2/2023, the government detailed the provisions on good corporate governance, risk management, assessment of a state-owned enterprises’ health level, and goods and services procurement.
Regional Competition Conference 2023 Podcast Series – Panel 5
We are excited to bring you the grand finale of our thought-provoking discussions from our Regional Competition Conference!
In the rapidly evolving landscape shaped by technology and the post-COVID 19 trade environment, our final panel, "Ecommerce meets the reality of moving goods across borders – When Trade Moves from Physical to the E-world, what are the Trade, Customs, Consumer Protection and Other Regulatory Issues to deal with?," delves into the intricate challenges businesses face when navigating the intersection of e-commerce and traditional trade practices.
- How is customs declaration managed?
- What are the export control implications especially as regards intangible technology transfer?
The panel provides practical guidance in addressing these questions and more, sharing real cases to guide businesses on their journey.
As we wrap up this podcast series, we extend our heartfelt gratitude for your continued support. We look forward to welcoming you at our Regional Competition Conference next year!
Click to listen to this podcast.
The Rajah & Tann Asia Competition & Antitrust team remains engaged and up to date with the ever-evolving landscape of competition law in the region. Please reach out to us if you wish to further discuss these developments.