The Indonesian National Police Regulation Number 3 of 2025 on the Functional Supervision of Foreigners by the Police

On March 10, 2025, Chief of Indonesian National Police signed the Indonesian National Police Regulation Number 3 of 2025 on the Functional Supervision of Foreigners by the Police (“PR 3/2025”). The PR 3/2025 aims to enhance monitoring to promote safety for foreigners and supervise them within the country. As outlined in Article 3 of PR …

Manpower Act of Indonesia after the Constitutional Court Decision Number 168/PUU-XXI/2023

The Constitutional Court has examined and ruled important changes on the Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation into Law (the “Job Creation Law”), specifically on the employment cluster. The decision of the Constitutional Court Decision Number 168/PUU-XXI/2023 (the …

Investment or Fraud: How to tell the difference

A person once opined that the existence of victims of fraud in this world indicated that humanity still possesses trust in each other. If there were no longer any victims of fraud in the world, it would imply a complete absence of trust among individuals. However, as normal human beings, it is inherent that individuals …

“State Economic Loss” in Corruption Cases in Indonesia

In recent years, most of the Indonesian law enforcements have frequently prosecuted corruption cases by alleging “state economic loss” instead of “state financial loss” as one of the elements in the Eradication of Corruption Act. The implementation of “state economic loss” concept under the Eradication of Corruption Act in Indonesia has caused a significant debate; …

A Legal Safeguard for Shareholders: A Court-Ordered “Audit”

In practice, not every shareholder serves as the board in a company; and in certain cases, the shareholder faces difficulty to get access in the company. Based on the Article 52 paragraph (1) of Law Number 40 Year 2007 on Limited Liability Companies as amended by Law Number 6 Year 2022 on the Stipulation of …

Criminal Liability of a Director in a Criminal Case in Indonesia: The Test

As the person who runs the company, a director must bear a large burden of liability for all tasks that require his/her approval. This often leads to a criminal act, when the act is arguably violating the law. Although the basic theory for criminal act is the malicious intend (mens rea) followed by the act …

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 …

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 …