Supreme Court Circular Letter Number 3 of 2023/Surat Edaran Mahkamah Agung No. 3 Tahun 2023

The implementation of a chamber system at the Supreme Court aims to maintain the unity of law application and consistency of the court decisions. The Chamber Plenary Meeting is one of the instruments to obtain the goal. From 19 November 2023 to 21 November 2023, several Chamber Plenary Meetings was held, producing several important notes …

Electronic Information and Transactions Law in Indonesia – an Update

In January 2nd, 2024, President Jokowi has signed Law No. 1 of 2024 on the Second Amendment to the Law No. 11 of 2008 on Electronic Information and Transactions (“ITE Law Second Amendment”). The ITE Law Second Amendment is the second amendment which has previously been passed by the House of Representatives of the Republic …

Nominee Agreement for Buying Property in Indonesia – Is it legal?

The Minister of Law and Human Rights has determined the Government Regulation No. 18 of 2021 on Management Rights, Land Rights, Flat Units, and Land Registration that foreign citizens with immigration documents have rights to possess residential house in Indonesia. However, this provision is subjected to limitation as stipulated in the Article 185 and Article …

The Regulation on Golden Visa in Indonesia

In August 4th, 2023, the Government of Indonesia issued Government Regulation Number 40 of 2023 on the Fourth Amendment to Government Regulation Number 31 of 2013 on Implementing Regulations of Law Number 6 of 2021 on Immigration (“GR 40/2023“), which also added clauses that are related to a “golden visa policy”, with several key points: …

Legal Action against an International Extradition Request in Indonesia

The regulation governing extradition in Indonesia is established by Law No. 1 of 1979 on Extradition (the “Extradition Law”), which then defines extradition as “the surrender by one country to another country of a person who is suspected or convicted of committing a crime outside the territory of the surrendering country and within the jurisdiction …

Buying/Renting a Land/Property in Bali Safely: The Dos and Don’ts

The Government of the Republic of Indonesia intends to develop the utilization of land for foreigner by giving rights to foreigners to own land/property in Indonesia. The policy is a mandate from the Job Creation Law which is then outlined in: (i) Government Regulation Number 18 of 2021 on Management Rights, Land Rights, Flats Units, …

Indonesian Extraterritorial Criminal Jurisdiction: What is the possible actions of the Indonesian Law Enforcement against suspects outside of Indonesia territory?

The kidney illegal trafficking between Indonesia and Cambodia has shocked the country recently. This is a classic example of transnational crimes which affect across national borders. In this digital era, the transnational crimes facilitated by advanced technology even pose more significant challenges for law enforcement. For instance is the online fraud syndicate, which operated servers …

Consumer Protection for a Lessee Who Rent a Property in Indonesia: Does that Exist?

In the US, the phrase “customer is king” has become a commonly used term in the business world. This philosophy is based on the idea that satisfied customers are returning customers, which helps businesses to grow and thrive. It is a concept that has resonated well with consumers and has led to a range of …

Corporate Criminal Liability under the New Indonesian Criminal Code

The Indonesia House of Representatives (DPR) passed the New Indonesian Criminal Code -Law No. 1 of 2023 on Criminal Code (the “New KUHP”)-, replacing the previous Criminal Code. The New KUHP will be implemented on January 2, 2026. The New KUHP includes the test in determining whether a corporation has committed a criminal act or …

Foreign Employees/Workers in Indonesia: Termination Benefits

After the Constitutional Court Decision Number 91/PUU-XVIII/2020, the Indonesian Government issued a Government Regulation in lieu of law No. 2 of 2022 on Job Creation to amend Law No. 11 of 2020 on Job Creation (the “Perppu”). The Perppu that is now become Law No. 6 of 2024 on the Stipulation of Government Regulations intended …