Navigating the complexities of criminal litigation in Indonesia demands a deep understanding of the legal framework and procedural matters. Kusuma & Partners offering unparalleled services tailored to meet the unique needs of each criminal case. With a focus on humanizing the legal process and maintaining the utmost professionalism, we guide you through every step of the Indonesian criminal litigation journey.
Understanding Indonesian Criminal Litigation Proceedings
Criminal litigation in Indonesia involves a series of methodical steps that ensure justice is served while safeguarding the rights of the suspected. The process is structured to balance the interest of both the prosecution and the defense, with a commitment to fairness and transparency.
What taxes must businesses pay monthly in Indonesia?
Businesses in Indonesia typically pay withholding taxes (PPh 21, 23, 26), VAT (PPN), and final taxes (PPh 4(2)) on a monthly basis. These taxes are due by the 10th or 15th of the following month, depending on the tax type, with filings due by the 20th.
What is the deadline for filing my company’s annual corporate tax return?
The annual corporate tax return (SPT Tahunan PPh Badan) is due by the 30th of the 4th month after your fiscal year ends. For most companies, this means April 30th.
What happens if I miss a tax payment deadline?
Late tax payments are subject to interest penalties under Indonesian tax law. We help clients ensure timely payments to avoid such penalties.
Do individuals need to file an annual tax return?
Yes, individuals earning income in Indonesia must file their personal income tax return (SPT Tahunan PPh Orang Pribadi) by March 31st each year.
How can I ensure my company is VAT-compliant?
To remain VAT-compliant, businesses must calculate and pay VAT on all taxable goods and services monthly, filing the necessary returns by the 20th of the following month. We can assist with accurate calculations and on-time filing.
What are the penalties for incorrect or late tax filings?
The penalties for incorrect or late tax filings can include fines, interest penalties, and in some cases, further investigations by the tax authority. We prioritize accuracy and timeliness to help you avoid these penalties.
What is the role of withholding tax (PPh 21, 23, 26) in my business?
Withholding tax obligations apply to salaries, services, dividends, royalties, and payments to non-residents. It is your responsibility to withhold these taxes and report them monthly to the tax authorities.
How do I calculate my corporate income tax?
Corporate income tax is calculated by reconciling your financial statements according to tax regulations, determining your taxable income, and applying the corporate tax rate. We provide guidance on accurate calculations and filing.
Is there any audit risk if I follow the tax compliance procedures?
While following the tax compliance procedures lowers your audit risk, the Indonesian tax authority may still select your company for an audit. We support you during the audit process to ensure smooth handling.
What records do I need to maintain for tax compliance?
You need to maintain accurate records of all financial transactions, including sales, purchases, payroll, and expenses. Proper documentation is essential for monthly and annual tax filings and audits.
Are there any tax incentives for businesses in Indonesia?
Yes, certain industries and regions qualify for tax incentives, such as reduced corporate income tax rates or tax holidays. We can help identify any applicable incentives for your business.
What should I do if I discover an error in my tax return after submission?
If you find an error in your tax return, you can submit an amendment to correct it. We assist in preparing amended returns and communicating with the tax authorities to minimize any penalties.
What should I do if I cannot meet the tax payment deadline?
If you anticipate a delay in tax payment, it’s crucial to notify the tax authority and explore possible payment extensions. However, penalties may still apply. We advise on how to manage such situations effectively.
How can I stay updated on changes in tax regulations?
Tax regulations in Indonesia can change frequently. We keep our clients informed of any changes that may affect their tax obligations and ensure compliance with the latest rules.
Can foreign companies operating in Indonesia also file tax returns?
Yes, foreign companies with a Permanent Establishment (PE) in Indonesia are subject to local tax regulations and must file monthly and annual tax returns. We specialize in helping foreign companies comply with Indonesian tax laws.
No, business activities such as attending meetings or negotiations are not allowed on a Tourist Visa. For such activities, you must apply for a Single-Entry Business Visa or a Multiple-Entry Business Visa, depending on your needs.
What is a Company Registry document?
A Company Registry document is a formal record by Indonesian Ministry of Law and Human Rights that contains key information about a registered company in Indonesia, such as its legal name, address, shareholders, and directors.
Why is it important to check a company’s background before doing business?
Conducting a background check helps you verify a company’s legitimacy and legal standing, minimizing risks and ensuring trustworthiness.
What information can be obtained from a Company Registry search?
You can obtain details like the company’s legal status, registration number, shareholders, board of directors, authorized capital, and business activities.
What should I do if a company’s registry details seem suspicious?
Consult with our lawyers immediately to investigate further and ensure that all necessary legal actions are taken to protect your interests.
Is it possible to check whether a company has legal disputes or cases against it?
Yes, it needs further investigation.
Can I check the history of changes in a company’s structure?
Yes.
What types of company can I conduct background checks?
It is for foreign-owned company in Indonesia (PT Penanaman Modal Asing (PT PMA) and local company in Indonesia (PT PMDN).
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.
Employees are entitled to 12 days of paid annual leave after completing one year of continuous service with the same employer. This entitlement is separate from public holidays and must be provided in compliance with company regulations or employment contracts.
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.
Yes, probationary periods are allowed under Indonesian labor law but can only last up to three months. During this time, the employment contract must clearly state the probationary nature of the work and the expectations for successful completion.
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.
