About us

Renewals must be processed before your KITAS expires. We recommend starting the process well in advance to avoid overstaying penalties.

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.

The standard working hours in Indonesia are 40 hours per week, with either 7 hours per day for 6 days a week or 8 hours per day for 5 days a week. Overtime is allowed, but it should not exceed 4 hours per day or 18 hours per week, and overtime pay must be provided as per Government Regulation No. 35 of 2021.

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.

The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.