Indonesian Antitrust & Competition laws are designed to promote fair competition and protect market competition from anti-monopoly practices, the businesses are prohibited from engaging in activities that restrict competition, such as price fixing, market allocation, and abuse of dominant position. We’ve got your back with seasoned lawyers that navigate the ins and outs of Indonesian competition law, offering strategic counsel and representation to safeguard your business interests, ranging from merger filings and notifications before the Indonesian Business Competition Supervisory Commission (KPPU) to dispute litigation proceedings.
Court Procedures Mechanism of Antitrust & Competition Disputes under Indonesian Legal Framework at a glance:
Our legal services on Antitrust & Competition:
What rights do victims have in Indonesian criminal proceedings?
Victims of crime have the right to report the crime and provide evidence, be informed of the progress of the investigation and trial, seek restitution or compensation, and request protection if they are at risk of harm.
Can a foreigner be tried under Indonesian criminal law?
Yes, if they commit a crime within Indonesian territory.
Are there alternative dispute resolution options for criminal cases in Indonesia?
In general, criminal cases in Indonesia are resolved through the court system. However, for certain cases, the alternative resolution like Restorative Justice practices may be considered.
What is Restorative Justice in the context of Indonesian criminal law?
Restorative Justice focuses on repairing the harm caused by criminal behavior through reconciliation and restitution rather than punitive measures. It involves mediation between the victim and offender to reach a mutually agreeable resolution.
What constitutes a criminal offense under Indonesian law?
It is an act that violates the Indonesian Criminal Code (KUHP) or other specific laws and regulations and is punishable by sanctions such as fines, imprisonment, or other penalties. The KUHP outlines various categories of offenses, including theft, assault, fraud, corruption, etc.
What does Indonesian law recognize the different types of criminal offences?
There are three main types:
How does the Indonesian criminal justice system handle cases of corruption?
Corruption cases are handled by specialized anti-corruption courts (Pengadilan Tindak Pidana Korupsi). The Indonesian Corruption Eradication Commission (Komisi Pemberantasan Korupsi—KPK) investigates and prosecutes high-profile corruption cases.
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.
Yes, as an investor, you are allowed to manage and oversee your investments. However, the Investor KITAS does not permit traditional employment for other companies; it only covers activities related to managing your investments.
The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.
Estate planning in Indonesia involves drafting a will (wasiat) to specify asset distribution and minimize tax implications. Consulting with our legal expert can help you ensure your wishes are legally documented and executed.
Grounds for divorce in Indonesia may vary, it can include adultery, cruelty, abandonment, absence for a certain period, irreconcilable differences, etc.
Can a foreign marriage be legally recognized in Indonesia?
Yes, a foreign marriage can be recognized in Indonesia under certain conditions. It must comply with the laws of the country where it took place and meet specific requirements outlined by Indonesian law, such as registration with Indonesian government authorities and Indonesian court.
How do I register a foreign marriage in Indonesia?
To register a foreign marriage in Indonesia, you typically need to submit a marriage certificate issued by the foreign country’s competent authority to the Indonesian Civil Registry Office (Dinas Kependudukan dan Catatan Sipil). Additional documents may be required depending on local regulations. If you do not register it and it has been exceeded by more than 1 (one) year, registration is legally required through the Indonesian court mechanism.
What are the legal implications of not registering a foreign marriage in Indonesia?
Failure to register a foreign marriage in Indonesia may lead to not having a legal standing and complications in legal matters such as property ownership and inheritance matters. It is important to ensure proper registration to secure legal recognition and rights in Indonesia.
How can I file for Divorce in Indonesia?
In Indonesia, divorce can be filed through the Religious Court (for couples of the same Muslim religion), or the District Court (for Non-Muslim religion and mixed-religion marriages). You must meet certain grounds for divorce as stipulated in Indonesian law.
What are the grounds for divorce in Indonesia?
Grounds for divorce in Indonesia may vary, it can include adultery, cruelty, abandonment, absence for a certain period, irreconcilable differences, etc.
What is the process of divorce in Indonesia?
The divorce process involves filing a petition, attending mediation (it is required by law), attending court hearings process, and presenting evidence to support grounds for divorce, then an Indonesian court will issue a court decision.
How long does it take to finalize a Divorce in Indonesia?
The duration varies depending on the complexity of the case and whether the parties agree on terms. On average, it can take 6 (six) months, or it will be faster if both parties have agreed on terms.
How can I plan for Inheritance in Indonesia?
Estate planning in Indonesia involves drafting a will (wasiat) to specify asset distribution and minimize tax implications. Consulting with our legal expert can help you ensure your wishes are legally documented and executed.
What is the Prenuptial Agreement?
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.
What is the Postnuptial Agreement?
Postnuptial Agreement, known as “Perjanjian Setelah Nikah” in Indonesian, is similar to a Prenuptial Agreement but is entered into after marriage.
What are the benefits of having a Prenuptial or Postnuptial Agreement?
These agreements provide certainty and predictability in asset division, protect family wealth, and reduce conflicts in the event of divorce or separation. They allow couples to plan for the future and safeguard their financial interests.
Working without a proper Work Permit KITAS (Index E23) is a serious violation of Indonesian immigration laws. It can lead to fines, deportation, and possible blacklisting, preventing future entry into Indonesia. Always ensure you have the correct permit before engaging in any employment.
