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 […]
What is a Company Registry document?
A Company Registry document is a formal record by Indonesian Ministry of Law and Human Rights that contains key information about a registered company in Indonesia, such as its legal name, address, shareholders, and directors.
Why is it important to check a company’s background before doing business?
Conducting a background check helps you verify a company’s legitimacy and legal standing, minimizing risks and ensuring trustworthiness.
What information can be obtained from a Company Registry search?
You can obtain details like the company’s legal status, registration number, shareholders, board of directors, authorized capital, and business activities.
What should I do if a company’s registry details seem suspicious?
Consult with our lawyers immediately to investigate further and ensure that all necessary legal actions are taken to protect your interests.
Is it possible to check whether a company has legal disputes or cases against it?
Yes, it needs further investigation.
Can I check the history of changes in a company’s structure?
Yes.
What types of company can I conduct background checks?
It is for foreign-owned company in Indonesia (PT Penanaman Modal Asing (PT PMA) and local company in Indonesia (PT PMDN).
Employment contracts must be in writing and should clearly outline both employer’s and employee’s rights and obligations, including job responsibilities, working hours, salary, benefits, and the duration of employment. The contract should comply with Indonesian Manpower Law No. 13 of 2003, as amended by the Job Creation Law.
What types of intellectual property are protected under Indonesian law?
In Indonesia, intellectual property is protected under several categories: trademarks, copyrights, patents, industrial designs, geographical indications, and trade secrets.
How do I register a trademark in Indonesia?
To register a trademark, you must file an application with the Directorate General of Intellectual Property (DGIP). The process involves submitting a trademark application, undergoing an examination, and addressing any objections or oppositions before receiving the registration certificate.
What is the duration of trademark protection in Indonesia?
It is lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
How do I protect my copyright in Indonesia?
Copyright protection in Indonesia is automatic upon creation of the work, but registering it with the DGIP provides additional legal advantages. Copyright covers literary, artistic, and scientific works, including software and multimedia content.
What are the requirements for patent registration in Indonesia?
To obtain a patent, your invention must be novel, involve an inventive step, and be industrially applicable. The process involves submitting a detailed patent application, undergoing an examination, and meeting any necessary requirements before the patent is granted.
Can I enforce my intellectual property rights in Indonesia?
Yes, intellectual property rights can be enforced in Indonesia through civil lawsuits or administrative actions. Our firm can provide legal assistance to navigate the enforcement process effectively.
How long does the intellectual property registration process take?
The registration process varies by type of intellectual property. Generally, trademark registration takes 8-12 months, while patents can take up to 2 years or more.
Can foreign entities register intellectual property in Indonesia?
Yes.
How often do I need to renew my intellectual property rights?
Trademark rights need to be renewed every 10 years. Patents are valid for 20 years from the filing date, while copyright does not require renewal but lasts for the lifetime of the author plus 70 years.
Are there any international treaties that Indonesia is part of regarding intellectual property?
Yes, Indonesia is a member of several international treaties, including the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. These treaties facilitate the protection of intellectual property across member countries.
Can I transfer my intellectual property rights to another party?
Yes, intellectual property rights can be transferred through assignments or licensing agreements. Such transfers must be recorded with the DGIP for trademarks, patents, and industrial designs to be legally effective.
If your investment falls below the required threshold (IDR 1 billion in shares or IDR 10 billion in capital), your Investor KITAS may be revoked, and you could lose your right to stay in Indonesia under that permit. It’s essential to monitor your investment levels to maintain compliance.
Why is a Tax Diagnostic Review important?
Conducting a Tax Diagnostic Review ensures your business is fully compliant with Indonesian tax laws, minimizes the risk of penalties, and helps optimize your tax obligations.
What happens if the review identifies issues?
If any issues are found, we provide clear, actionable recommendations to address them. Our team also assists with implementing these solutions to ensure compliance.
What are the common issues identified during a Tax Diagnostic Review?
Common issues include underreported income, incorrect tax rate applications, missed deadlines, improper deductions, and misinterpretation of tax laws.
Can a Tax Diagnostic Review help with past tax audits?
Yes, the review can identify areas that may have been overlooked in past audits and help you prepare for any future audits by ensuring compliance and addressing any lingering issues.
How does a Tax Diagnostic Review benefit my business?
It helps you avoid costly penalties, ensures compliance with tax laws, and identifies opportunities for tax savings and optimization.
What types of businesses can benefit from a Tax Diagnostic Review?
Businesses of all sizes and industries can benefit from a Tax Diagnostic Review, especially those with complex tax structures, frequent transactions, or a history of tax audits.
Will the Tax Diagnostic Review impact my current tax filings?
The review itself doesn’t impact your current filings, but it may reveal areas that require adjustments in future filings or amendments to past returns to ensure accuracy.
How does a Tax Diagnostic Review differ from a tax audit?
A Tax Diagnostic Review is a proactive, voluntary assessment conducted by your chosen tax professionals, focusing on compliance and optimization. A tax audit, on the other hand, is an official examination conducted by tax authorities.
Can the review identify opportunities for tax savings?
Absolutely. Part of the review process involves identifying legal tax-saving opportunities, such as unclaimed deductions, credits, and incentives that your business may qualify for.
Will a Tax Diagnostic Review prevent future tax penalties?
While no review can guarantee the complete elimination of future penalties, a thorough Tax Diagnostic Review significantly reduces the risk by identifying and addressing potential issues proactively.
What is the outcome of a Tax Diagnostic Review?
The outcome is a comprehensive report detailing our findings, along with practical recommendations to enhance compliance, reduce risks, and optimize your tax obligations.
Can the review address industry-specific tax concerns?
Yes, our team tailors the review to your specific industry, addressing any unique tax challenges or regulations that apply to your business sector.
