The introduction of KBLI 2025 has created understandable concern among foreign investors. Many companies are asking whether their existing licences remain valid. Others are considering immediate amendments to their NIB and Articles of Association. The short answer is reassuring. A PT PMA does not automatically need new licences merely because KBLI 2025 exists. Existing licences […]
A creditor may hold one large unpaid claim against an Indonesian company. However, the creditor may lack evidence of another creditor. This creates a serious obstacle before filing a PKPU petition. Could the creditor transfer part of its claim to another party? Would that transfer create two creditors under Indonesian law? The short answer is […]
Coal export regulation Indonesia 2026 is now one of the most important legal issues for mining companies. Indonesia remains a major global coal exporter. However, the regulatory landscape is becoming more controlled, more technical, and more enforcement-driven. For mining companies, this creates real business pressure. A contract that looked safe last year may now need […]
Employees who are terminated are entitled to severance pay, long-service pay (if applicable), compensation rights, and other benefits as mandated by Government Regulation No. 35 of 2021. The amount depends on the reason for termination and the employee’s length of service.
If your employment contract ends, your employer must report the termination to the immigration office, and your KITAS will be canceled. You are required to leave Indonesia unless you secure another sponsorship or transition to a different visa type.
What types of cases are handled by Indonesian State Administrative Courts (PTUN)?
The cases involve disputes over administrative decrees, including issues related to business permits, licenses, regulatory compliance, issuance of land certificate, land use regulations, administrative sanctions imposed by Indonesian government agencies, etc.
What are the conditions for a state administrative decree to be disputed in Indonesian State Administrative Court (PTUN)?
The state administrative decree shall be written decision; issued by a State Administrative Agency Office; constituting an act of state administrative law; based on relevant legal regulations; concrete, individual, and final; and generating legal consequences for an individual or legal entity.
What are the grounds for challenging an administrative decision in Indonesian State Administrative Courts?
Common grounds for challenging administrative decisions include procedural errors, violations of statutory rights, lack of legal basis, decisions that are deemed unlawful or unfair, etc.
What happens if I miss the 90-day deadline to file a lawsuit in Indonesian State Administrative Courts?
Missing the 90-days deadline to file a lawsuit can result in the case being dismissed due to procedural non-compliance. It is crucial to adhere to statutory deadlines to avoid potential legal obstacles.
What are common challenges in legal due diligence in Indonesia?
Challenges include navigating complex regulatory environments, language barriers, and ensuring comprehensive access to relevant documents and information.
How can your firm assist with legal due diligence?
Our firm provides expert legal due diligence services by meticulously reviewing and analyzing all pertinent legal documents and compliance matters, offering insights and recommendations to support your business decisions.
How does legal due diligence impact negotiations?
Findings from due diligence can influence the terms of negotiations, including price adjustments, indemnity clauses, or changes in deal structure to address identified risks.
What are the potential risks of skipping legal due diligence?
Skipping due diligence can lead to unforeseen legal liabilities, compliance issues, and financial losses. It may also affect your ability to make informed decisions or negotiate favorable terms.
Can legal due diligence be customized based on the industry?
Yes, due diligence can be tailored to address industry-specific risks and regulations, such as those relevant to manufacturing, technology, or financial services.
How is confidentiality maintained during the due diligence process?
Confidentiality is ensured through strict internal controls, non-disclosure agreements, and secure handling of sensitive information throughout the review process.
What are the costs associated with legal due diligence?
Costs vary depending on the scope and complexity of the review. We provide transparent pricing and detailed cost estimates based on your specific needs.
Can due diligence findings be used in future legal proceedings?
Yes, findings can be used as evidence in legal disputes or regulatory matters, helping to support your case or demonstrate compliance.
What happens after the due diligence process is completed?
After completion, we provide a detailed report summarizing findings, potential risks, and recommendations. We also offer guidance on addressing any issues identified.
Is legal due diligence required for all types of transactions?
While not always mandatory, due diligence is highly recommended for major transactions such as mergers & acquisitions, or investments to mitigate risks and ensure informed decision-making.
Prenuptial Agreement, often referred to as “Perjanjian Pra Nikah” in Indonesian, is a legal contract entered into by couples before marriage. It outlines the rights and responsibilities of each party regarding property ownership and distribution, financial arrangements, and other assets in the event of divorce.
