It was a very good experience
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Yes, you can bring immediate family members (spouse and children) under a Dependent KITAS. Your dependents will be issued a KITAS based on your work permit, allowing them to stay in Indonesia legally, though they cannot work.
What does Antitrust & Competition law in Indonesia cover?
It is governed primarily by Law No. 5 of 1999, aims to prevent monopolistic practices and unfair competition.
Why is Antitrust law important for business operating in Indonesia?
Antitrust laws ensure a level playing field in the market, fostering competition that benefits consumers and encourages innovation and efficiency among businesses.
Who enforces Antitrust laws in Indonesia?
The Indonesian Business Competition Supervisory Commission (KPPU) is responsible for enforcing Antitrust & Competition laws, investigating alleged violations and imposing penalties when necessary.
What are the consequences of non-compliance with Antitrust & Competition regulations in Indonesia?
Non-compliance may result in fines, sanctions, injunctions, reputational damages, and legal liabilities, impacting business operations and profitability.
What constitutes abuse of dominant position under Indonesian Antitrust & Competition laws?
Abuse of dominant position includes practices such as unfair pricing, discriminatory terms, predatory pricing, and imposing unfair trading conditions to stifle competition.
What are the key regulations governing labor & employment in Indonesia?
Law No. 13 of 2003 on Manpower, as amended by Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, Law No. 2 of 2004 on Industrial relations Dispute Settlement, Government Regulation No. 35 of 2021, etc.,
What are the legal grounds for terminating an employee in Indonesia?
It will be varied, including company’s merger & acquisition or company’s liquidation, company is under bankrupt, company’s financial condition, completion of employment contract, violation of employment contract, gross misconduct, employee resigns voluntarily, etc.,
What is the minimum notice period to terminate employment?
At least 14 business days, or 7 business days is termination is during probationary period. For employee resignation, written notice must be submitted by the employee at least 30 days before the last day.
What is the company’s obligation (financial compensation) to its terminated employee?
For a Permanent employee, the company is obliged to pay a severance package, which comprises: severance pay, service appreciation pay, and compensation of entitlements.
For a Fixed-Term employee, the company must compensate the employee in an amount equivalent to the remaining salary of the employee until expiry of the employment contract.
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 are General Corporate services??
General Corporate services encompass assistance with day-to-day business operations, including corporate structuring, compliance with local laws, regulatory matters, and corporate governance.
What is the scope of Legal Advisory in Indonesia?
Legal Advisory includes offering expert opinions on Indonesian law, helping businesses navigate legal complexities, and providing strategic guidance for minimizing risks in transactions or operations.
Why is Legal Compliance important in Indonesia?
Legal Compliance ensures that your business follows applicable laws and regulations in Indonesia, helping avoid legal disputes, penalties, and potential shutdowns due to non-compliance.
How can you help with company formation in Indonesia?
We assist with setting up different types of companies, such as PT PMA, PT PMDN, Representative Offices (RO), Permanent Establishment (PE), ensuring that your business structure complies with Indonesian corporate laws.
How often should companies conduct a legal compliance review?
It is recommended to conduct a legal compliance review regularly or when there are significant regulatory changes, ensuring the business continues to operate within the bounds of Indonesian law.
What happens if a company fails to meet legal compliance standards?
Failure to comply can result in penalties, legal disputes, or suspension of business activities. Staying compliant helps safeguard your business from these risks.
What should businesses know about labor law compliance in Indonesia?
Businesses need to comply with labor laws concerning employment contracts, employee rights, and benefits. We ensure your HR practices align with Indonesian labor regulations.