We assist our clients, either individual, local or foreign company to set-up a new company (e.g., PT PMA, PT PMDN, Representative Office, and Permanent Establishment) and to prepare all legal documentation. It is our duty and responsibility to mitigate risks and secure the rights of our clients with regard to their investment in Indonesia by carrying out research and legal due diligence on our clients’ strategic future business partners. We advise our clients in structuring and forming the new company, obtaining permits and licenses, and providing legal or tax advice on the operation of the company.
When should I apply for a tax ruling?
You should consider applying for a tax ruling when you face complex or unclear tax issues that could impact your business decisions. A tax ruling can provide you with the necessary legal certainty before you proceed.
What types of tax facilities are available in Indonesia?
Indonesia offers various tax facilities, including tax holidays, reduced tax rates, and exemptions, designed to encourage investment and business activities in certain sectors or regions. These facilities can significantly reduce your tax burden.
How do I know if my business qualifies for tax facilities?
Our team conducts an eligibility assessment based on your business activities and the criteria set by the Indonesian government. We identify the most beneficial tax facilities that apply to your situation.
What documents are required for a tax ruling application?
Typically, you’ll need to provide a detailed description of the tax issue, legal arguments, and any supporting evidence. We help you prepare all the necessary documentation to ensure a strong application.
How long does it take to get a tax ruling in Indonesia?
The processing time for a tax ruling can vary depending on the complexity of the issue and the workload of the tax authorities. On average, it may take several weeks to a few months.
What happens if my application for tax facilities is approved?
Once approved, you must comply with the conditions set by the tax authorities to maintain the benefits. We provide ongoing support to ensure you meet these requirements and continue to benefit from the tax facilities.
Are tax rulings legally binding in Indonesia?
Yes, once issued, tax rulings are legally binding for both the taxpayer and the tax authorities. They provide a clear legal framework for how the relevant tax laws will be applied to your specific case.
How does the Indonesian government decide who gets tax facilities?
Tax facilities are granted based on specific criteria set by the government, which may include the type of business activity, the investment amount, the region of operation, and the expected economic impact.
What is the difference between a tax ruling and a tax opinion?
A tax ruling is an official decision from the tax authorities, whereas a tax opinion is a professional interpretation provided by a tax advisor. While a tax opinion can guide you, a tax ruling offers legal certainty from the government.
Can tax facilities be revoked once granted?
Yes, tax facilities can be revoked if the business fails to comply with the conditions set by the tax authorities. Regular compliance and reporting are essential to maintaining these benefits.
No, freelancers or self-employed individuals cannot apply for a Work Permit KITAS. The KITAS requires sponsorship from an Indonesian company that employs you in a specific role. However, other visa types may be available depending on your circumstances and types of freelancer activity.
What is the difference between a civil and commercial litigation case?
Civil litigation covers a broader range of disputes including personal injury and family law, while commercial litigation specifically deals with business-related disputes like contracts, partnerships, and corporate matters.
What are the common types of civil & commercial litigation in Indonesia?
Broadly speaking, there are two legal disputes, the Breach of Contract and the Unlawful Act issues.
What is a commercial contract dispute?
A commercial contract dispute arises when parties disagree on the interpretation or performance of a contract. Common issues include non-payment, breach of terms, and delivery of goods or services.
How long does civil & commercial litigation take in Indonesia?
The duration varies depending on the complexity of the case and the court’s schedule. Practically it takes around 6 (six) months on the first court instance (District Court).
Can disputes be resolved earlier before going to the court hearing process?
Yes, the court provides and facilitates the parties to settle the dispute in the early stage through a mediation process which involves a neutral mediator helping the parties settle.
How does commercial litigation interact with Indonesian bankruptcy laws?
Commercial litigation can intersect with Bankruptcy if a debtor is unable to pay. We assist in filing claims, representing your interests in bankruptcy proceedings, and ensuring your rights as a creditor are protected.
How do I enforce a court decision in a commercial dispute?
The specific enforcement methods depend on the nature of the judgment and legal mechanism. Please consult with our lawyer.
What are the risks of not addressing civil or commercial disputes promptly?
Delaying action can lead to escalated conflicts into more complicated, exceeding the statute of limitation, increased legal costs, and potential damage to your business.
What is the role of an expert witness in commercial litigation?
An expert witness provides specialized knowledge and testimony to support your case. They can help explain complex issues to the court and bolster your arguments with authoritative insights.
What is the difference between Litigation and Arbitration?
Litigation is a court-based process, while Arbitration is another legal forum, that involves neutral arbitrators who issue a binding decision. Arbitration is typically faster and more private but both parties shall mutually agree to settle the dispute into Arbitration and can be limited in scope of the legal disputes and legal remedy options.
What is the role of evidence in commercial litigation?
Evidence is crucial in proving your case. This includes documents and witness testimony. Our lawyer assists in gathering and presenting evidence effectively to support your claim.
What happens if a party does not comply with a court order?
Non-compliance can lead to enforcement actions such as asset seizure or additional legal penalties. Our lawyers take necessary steps to ensure compliance with court orders and protect your interests.
What is the importance of contract drafting in preventing commercial litigation?
Proper contract drafting helps prevent disputes by clearly outlining the rights and obligations of each party. We assist in drafting and reviewing contracts to minimize the risk of future litigation.
Can foreign companies litigate in Indonesia?
Yes, they must comply with local laws and legal procedures. We provide guidance and representation to navigate the Indonesian legal system effectively.
What should I do if I am being sued or receive a legal notice or summons from an Indonesian court?
Contact our lawyer immediately to review the notice or summons, understand your legal obligations, formulate and develop the legal strategy. Prompt action is essential to protect your rights and interests.
What is the typical settlement of debt collection?
Typically, the debtor will pay the debt fully; or enter into a debt agreement that contains the installment of payment by giving an asset guarantee.
How can I enforce a debt agreement?
If the debtor fails to comply with an agreed settlement, legal enforcement measures such as executing the debtor’s asset and court proceedings are conducted.
How does the debt collection process work in Indonesia?
The process is started with legal advice and case analysis by our lawyers, sending demand letters, followed by negotiation and settlement. If the debtor remains unresponsive or refuses to pay, further legal actions like filing a lawsuit through the Indonesian court may be considered if necessary.
How many demand letters shall be sent to the debtor?
In Indonesia, the best legal practice is to send 2x (twice), or a maximum of 3x (three times) demand letters.
What happens if the debtor ignores the first demand letter?
The next steps could include sending the second demand letter and further negotiations. Persistent non-compliance may lead to further legal action or court proceedings.
How long does the debt collection process take?
Depending on the complexity of the case and the debtor’s response.
What are the benefits of out-of-court debt collection?
Typically, faster, less expensive, and less adversarial than going to court. It helps maintain business relationships and avoids lengthy legal battles in court.
Are there any time limits for claiming an unpaid debt in Indonesia?
Yes, there is a statute of limitations, which is the period from the due date of the debt in which you must initiate recovery actions for the debtor.
Can debt collection affect my business relationship?
Handled professionally, debt collection can maintain or even strengthen business relationships by demonstrating a commitment to fair and timely financial practices. Open communication and a fair approach are key.
What if the debtor disputes the debt?
If the debtor disputes the debt, you may need to provide evidence supporting your claim. This could involve negotiations, mediation, or legal action to resolve the dispute.
Can I include interest on overdue debts?
Yes. The interest rate should comply with Indonesian laws.
What should I do if I receive a counterclaim from the debtor?
It is important to consult with our lawyer to assess the validity and implications of the counterclaim. Our lawyer can help you respond appropriately and protect your interests.
What is a Demand Letter?
A demand letter is a formal written notice sent to an individual or entity outlining a legal claim and demanding a specific action, such as payment of a debt or performance of an obligation. It serves as a first step to resolving disputes without resorting to litigation proceedings in court.
When should I use a Demand Letter in Indonesia?
A demand letter is typically used in situations where you have a legal claim against another party, such as unpaid debts, breach of contract, or property disputes. It’s an effective way to seek a resolution before considering legal action in court.
Is a Demand Letter legally required before filing a lawsuit before the Indonesian Court?
Yes, it is legally required according to Indonesian Supreme Court orders.
How long should I give the other party to respond to a Demand Letter?
Typically, a demand letter gives the other party 14 to 30 days to respond, depending on the nature of the claim and the urgency of the situation.
What happens if the other party ignores the Demand Letter?
As your lawyer, we will follow up, conducting communication and negotiation with the other party, before escalating the matter by pursuing legal action in court. The demand letter serves as evidence and legal ground before filing a lawsuit.
Can a Demand Letter be used for Debt Collection in Indonesia?
Yes, a demand letter is commonly used in debt collection to formally request payment of outstanding debts. It can help prompt the debtor to pay or negotiate a settlement before considering more serious legal actions.
Can a Demand Letter be used in International Disputes involving Indonesian law?
Yes. It sets out your claim under Indonesian law and seeks resolution before potentially involving foreign legal systems or arbitration.
What should I do if I receive a Demand Letter?
Read it carefully and understand the claims being made. Assess the validity of the claims and gather relevant documents. Consult with our lawyers to evaluate your legal options. Respond within the timeframe specified, either agreeing to the demands, negotiating, or denying the claims.
Can a Demand Letter be sent via email in Indonesia?
While traditional methods like registered mail are preferred for their formality and proof of delivery, a demand letter can also be sent via email, especially for preliminary negotiations. However, ensure you keep records of correspondence and delivery confirmation.
Can a Demand Letter include a demand for legal fees?
Yes, it can be included for reimbursement of legal fees incurred due to the dispute.
What are the next steps if a Demand Letter is failed?
If a demand letter is ignored or failed, the next steps may include initiating formal legal proceedings, such as filing a lawsuit or seeking arbitration. Consult with our lawyers to determine the best course of action based on the specifics of your case.
The processing time can vary, but typically it takes around 2 to 4 weeks from the submission of the required documents to the issuance of the KITAS.
What is a Company Deed of Amendment?
A Company Deed of Amendment is a legal document that updates or changes the original company deed, reflecting alterations in company structure, name, address, or other key details.
What is the difference between a Deed of Amendment and a new company establishment?
A Deed of Amendment updates an existing company’s details, while a new company establishment involves creating a new legal entity with its own deed.
When is a Deed of Amendment necessary?
It is needed when there are significant changes in the company’s management, business activities, address, or when updating the company’s capital structure.
What are the benefits of amending the company deed?
It ensures that the company’s legal documents reflect the current business structure and operations, which can be crucial for legal compliance and business transactions.
What happens if the Company Deed of Amendment is not filed?
Failure to file the amendment may result in discrepancies between the company’s actual situation and its legal documents, which can lead to compliance issues and legal complications.
Can amendments be made to a company’s articles of association without changing the deed?
No, changes to the articles of association generally require an amendment to the company deed to reflect these changes officially.
What are the types of Company Liquidation in Indonesia?
liquidation can be either voluntary or involuntary. Voluntary liquidation occurs when the company’s shareholders decide to wind up the company, while involuntary liquidation is initiated by a court order due to insolvency or other legal reasons.
What are the steps involved in liquidating a company?
The main steps include: Board of Directors Resolution, Appointment of Liquidator, Notification, Settlement of Debts, Asset Distribution, Final Report and Deregistration.
How long does the liquidation process take?
The process can vary depending on the complexity of the company’s affairs and the efficiency of the liquidator, but it typically takes between 6 to 12 months, or more.
Can the company’s debts be waived during liquidation?
No, the company must settle all its debts before it can proceed with liquidation. If there are insufficient assets to cover the debts, the company will be declared insolvent.
Can the company’s directors or shareholders be held liable after liquidation?
Directors or shareholders are generally not liable beyond their investments. However, if misconduct or fraud is involved, they may face legal consequences.
Are there any tax implications during liquidation?
Yes, the company may need to settle any outstanding taxes.
What happens if the company’s assets are insufficient to cover its liabilities?
If assets are insufficient, the company will be declared insolvent. The liquidator will follow the legal process for insolvency.
What is the process for acquiring property in Indonesia?
The process involves several key steps: identifying and assessing the property, conducting due diligence, negotiating terms, drafting and signing a Sale and Purchase Agreement, and completing the transfer of ownership through the relevant land office. Legal consultation is crucial to ensure compliance with Indonesian regulations.
Can foreigners’ own property in Indonesia?
Foreigners cannot directly own freehold land in Indonesia. However, they can acquire property through a long-term leasehold arrangement or through a foreign investment company (PT PMA). Consult with our firm to explore the best options.
What is the difference between Hak Milik, Hak Guna Bangunan, and Hak Pakai?
Hak Milik (Freehold Title): Full ownership, available only to Indonesian citizens.
Hak Guna Bangunan (Building Rights): Allows construction and use of land for up to 30 years, extendable.
Hak Pakai (Usage Rights): Allows use of land for specific purposes, often for up to 25 years, extendable.
What should be included in a Sale and Purchase Agreement?
The agreement should detail the property description, purchase price, payment terms, timeline, obligations of each party, and any conditions precedent. Our legal team ensures all necessary elements are covered to protect your interests.
What happens if there is a dispute over property ownership?
Disputes can be resolved through negotiation, mediation, or legal proceedings. It’s crucial to address any disputes promptly and seek legal advice to protect your interests. Our firm offers expert guidance and representation in property disputes.
How can your firm assist with property transactions?
We provide comprehensive legal services, including due diligence, drafting and reviewing agreements, ensuring regulatory compliance, and handling all legal aspects of property acquisition to ensure a smooth and secure transaction.
If a company needs to terminate employees due to economic difficulties, it must follow the procedures outlined in Government Regulation No. 35 of 2021. This includes attempting to negotiate mutual agreements, paying severance packages, and ensuring compliance with the labor law before proceeding with termination.
