We understand that business disputes are unavoidable, and navigating complex business disputes may be difficult and time-consuming, that is where our arbitration lawyers come in. We assist and represent companies like yours in resolving commercial disputes efficiently through every step of arbitration process.
Among the most common ways we provide the following services to our clients:
How Arbitration Works in Indonesia:
Arbitration in Indonesia is governed primarily by Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Here’s an overview of the key procedural mechanisms:
Employees who are terminated are entitled to severance pay, long-service pay (if applicable), compensation rights, and other benefits as mandated by Government Regulation No. 35 of 2021. The amount depends on the reason for termination and the employee’s length of service.
In the event of a Merger or Acquisition (M&A), employees’ rights and contracts must be maintained, or the new employer must negotiate new terms with the affected employees. Severance and compensation payments may be applicable if there are changes to the employment terms or if employees are terminated as a result of the merger.
Minimum wages are set by the government and vary by region. Employers must ensure that wages paid to employees are at least equal to the regionally established minimum wage. Failure to comply can result in sanctions and penalties.
What is Indonesian Tax Advisory, and why is it important for my business?
Indonesian Tax Advisory involves expert guidance on navigating Indonesia’s complex tax regulations. It’s essential for ensuring compliance, optimizing tax liabilities, and avoiding penalties.
How can your firm help with my tax planning in Indonesia?
We provide tailored tax planning strategies that align with your business goals, helping you minimize tax liabilities while ensuring full compliance with Indonesian tax laws.
What types of taxes are applicable to businesses in Indonesia?
Businesses in Indonesia are subject to several taxes, including corporate income tax, VAT, withholding tax, and specific industry-related taxes. We help you understand and manage these obligations effectively.
How often should I review my tax strategy in Indonesia?
It’s recommended to review your tax strategy annually or whenever there are significant changes in your business operations or tax regulations. We provide ongoing advisory services to keep your strategy up to date.
What are the consequences of non-compliance with Indonesian tax laws?
Non-compliance can result in penalties, fines, and legal issues that can disrupt your business operations. Our services help you stay compliant and avoid these risks.
How can I take advantage of tax incentives in Indonesia?
Indonesia offers various tax incentives for specific industries and activities. We identify relevant incentives for your business and help you apply for and maximize these benefits.
What should I do if I receive a tax audit notice?
If you receive a tax audit notice, it’s crucial to respond promptly. We assist in preparing for the audit, ensuring all documents are in order, and representing you during the process.
How do Indonesian tax laws affect foreign-owned businesses?
Foreign-owned businesses must comply with both local and national tax regulations, which can be complex. We provide specialized advisory services to help foreign businesses navigate these requirements.
What is the process for filing taxes in Indonesia?
Filing taxes in Indonesia involves preparing and submitting tax returns according to the schedule set by the tax authorities. We assist with accurate preparation and timely submission of all necessary documents.
How do changes in Indonesian tax laws impact my business?
Changes in tax laws can affect your tax obligations and business operations. We keep you informed of any changes and adjust your tax strategy accordingly to ensure continued compliance.
How can I ensure my business is tax-efficient in Indonesia?
Tax efficiency involves strategic planning, taking advantage of available incentives, and maintaining compliance. Our advisory services focus on optimizing your tax position while minimizing liabilities.
Are there any specific tax considerations for startups in Indonesia?
Startups may be eligible for tax incentives and exemptions. We provide tailored advice to help new businesses navigate tax requirements and take advantage of available benefits.
What documentation is required for tax advisory services?
The documentation needed depends on the specific advisory service. Typically, you’ll need financial statements, previous tax filings, and details of your business operations. We assist in gathering and reviewing all necessary documents.
What should I do if I’ve missed a tax deadline?
If you’ve missed a tax deadline, it’s important to act quickly to minimize penalties. We can help you file late returns and negotiate with tax authorities to reduce any associated fines.
How do changes in my business structure affect my tax obligations?
Changes in your business structure, such as mergers, acquisitions, or expansions, can significantly impact your tax obligations. We provide advisory services to help you navigate these changes smoothly.
Are there specific tax considerations for digital businesses in Indonesia?
Digital businesses are subject to unique tax rules, including VAT on digital services and potential income tax obligations.
What is the impact of tax treaties on my business operations in Indonesia?
Tax treaties between Indonesia and other countries can affect how your business is taxed, particularly regarding double taxation.
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.
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 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.
Grounds for divorce in Indonesia may vary, it can include adultery, cruelty, abandonment, absence for a certain period, irreconcilable differences, etc.
