Indonesia: Legal Alert August 2018

Last Updated: 21 November 2018
Article by   SSEK

SSEK Legal Alert is a monthly publication of SSEK, Indonesian Legal Consultants. SSEK's lawyers, advisors and associates provide a wide range of legal services to Indonesian and multinational corporations, banks, joint ventures and other organisations. SSEK Legal Alert is a monthly survey designed to keep our clients up to date with the latest legal developments in Indonesia. To subscribe, visit our website: www.ssek.com.

general

Presidential Regulation No. 44 of 2018 dated May 31, 2018, regarding the Indonesia National Single Window. This Regulation establishes the Indonesia National Single Window ("INSW"), which is an integrated system for the transmission and processing of data and the granting of licenses. The INSW system is maintained by the Ministry of Finance and all users must have an access right from the ministry. All users of the INSW system must also guarantee the validity of the data used in the system and have back- up data. This Regulation also establishes a Steering Committee for the INSW system, consisting of the Coordinating Minister for the Economy as the chairperson, the Minister of Finance as the vice chairperson, and various ministers as members. It also establishes an INSW agency to carry out the day-to-day activities and maintenance of the system. This Regulation came into force on the date of its enactment.

Minister of Law and Human Rights Regulation No. 15 of 2018 dated May 11, 2018, regarding Patent Implementation by Patent Holders. This is an implementing regulation for Article 20 of Law No. 13 of 2016 regarding Patents. The stated aim of this Regulation is to address the obligation for a patent holder to manufacture the product in Indonesia. Patent holders can apply for a five-year delay in the local manufacturing requirement, which can be extended by filing an application with the Ministry of Law and Human Rights. This Regulation came into force on the date of its promulgation.

Government Regulation No. 24 of 2018 dated June 21, 2018, regarding Online Business Licensing Services. The stated aim of this Regulation is to bolster investment and improve the ease of doing business in Indonesia through the establishment of the Online Single Submission ("OSS") system for business licensing under the Coordinating Ministry for Economic Affairs. Under this Regulation, a significant portion of capital investment licensing is transferred from the Capital Investment Coordinating Board ("BKPM") and other government agencies to the OSS system. The Regulation introduces new types of licenses and registrations through the consolidation and/or abolishment of older licenses. The new licenses include the Business Identification Number ("NIB"), Business License and the Commercial/Operational License. This Regulation came into force on the date of its promulgation.

Minister of Finance ("MOF") Regulation No. 63/PMK.01/2018 dated June 21, 2018, regarding the Amendment of MOF Regulation No. 132/PMK.01/2018 on Guidelines and Phases for the Development and Implementation of the Indonesia National Single Window ("INSW"). This Regulation aims to expand the mandatory implementation of the INSW system by addressing several technical issues related to the implementation of the system. It came into force on July 1, 2018.

banking

Financial Services Authority ("OJK") Regulation No. 5/POJK.05/2018 dated April 4, 2018, regarding Periodical Pension Fund Reports. This Regulation covers the obligation for pension funds to submit periodical reports to the OJK. These periodical reports are divided into monthly, annual and other reports, and cover, inter alia, the pension funds' financial condition, performance and future plans. Pension funds that fail to submit periodical reports are subject to administrative sanctions. This Regulation will come into force on December 31, 2018, and revokes OJK Regulation No. 3/POJK.05/2013, Articles 21(5) and 24(4) of OJK Regulation No. 3/POJK.05/2015, and OJK Regulation No. 17/POJK.05/2016.

Bank Indonesia ("BI") Board of Governors Regulation No. 20/4/PADG/2018 dated April 5, 2018, regarding the Administration of Securities through the Bank Indonesia- Scripless Securities Settlement System. This Regulation covers a new registration and membership process for the Bank Indonesia system. It came into force on the date of its enactment, except the provisions on sub-registry, which came into force on June 1, 2018, and the provisions on settlement instruction, settlement for second-leg transactions, and commercial paper administration for FLI, which are scheduled to come into force on January 1, 2019. This Regulation revokes BI Circular Letter No. 17/31/DPSP dated November 13, 2015 and BI Circular Letter No. 17/31/DPSP, as amended by BI Circular Letter No. 18/20/DPSP dated September 23, 2016, except for the provisions on settlement and commercial paper administration in the context of intraday liquidity facility, which will only be revoked on December 31, 2018.

BI Regulation No. 20/5/PBI/2018 dated April 16, 2018, regarding Monetary Operations. This Regulation covers the implementation of both conventional and Sharia monetary operations, including through open market operation and standing facilities. In particular, it regulates the licensing of members involved in monetary operations and serves to compile previously separate regulations. It also provides procedures, monitoring and possible sanctions for parties involved in monetary operations in Indonesia. This Regulation came into force on the date of its enactment and revokes BI Regulation No. 16/12/PBI/2014, BI Regulation No. 17/17/PBI/2015 and BI Regulation No. 18/12/PBI/2016.

OJK Regulation No. 6/POJK.03/2018 dated April 22, 2018, regarding the Amendment of OJK Regulation No. 7/POJK.03/2016 regarding Prudential Principles in Conducting Structured Product Activities for Commercial Banks. This Regulation applies to activities related to structured products, which are products merging two or more financial instruments, whether non-derivative with derivative or derivative with derivative. In particular, this Regulation introduces a provision related to hedging requirements and amends the administrative sanctions for banks that violate the Regulation. This Regulation came into force on the date of its enactment.

OJK Regulation No. 7/POJK.04/2018 dated April 25, 2018, regarding the Submission of Reports through the Electronic Reporting System for Issuers or Public Companies. This Regulation provides the basis for issuers and public companies to use the electronic reporting system operated by the OJK for submitting mandatory reports as contemplated under the applicable law in the investment sector. It also provides a transitional provision for issuers and public companies adjusting to the new electronic regime. This Regulation came into force on the date of its enactment and revokes OJK Regulation No. 6/ SEOJK.04/2014.

OJK Circular Letter No. 9/SEOJK.05/2018 dated April 20, 2018, regarding Electronic Applications for Licenses, Approval, and Reporting for Insurance Broker Companies, Reinsurance Broker Companies and Reinsurance Loss Adjustment Companies. This Circular Letter is intended to implement OJK Regulation No. 68/POJK.05/2016. It provides a detailed list of applications which notable that this Circular Letter provides for online and offline submission in the event of a technical malfunction. This Circular Letter came into force two months after its enactment, i.e. June 20, 2018.

BI Regulation No. 20/6/PBI/2018 dated May 4, 2018, regarding Electronic Money. This Regulation is intended to adjust the regulatory regime for e-money in response to recent developments in the sector. It divides electronic money into closed-loop and open-loop, server-based and chip-based, and registered and unregistered. Other than that, the scope of this Regulation is similar to the previous regulation, providing the rights and obligations of e-money providers, along with licensing procedures. This Regulation came into force on the date of its enactment and revoked BI Regulation No. 11/12/ PBI/2009, as amended.

OJK Regulation No. 8/POJK.05/2018 dated May 31, 2018, regarding Pension Fund Financing. This Regulation covers the financing of employer pension funds and financial institution pension funds, the special financing of employer pension funds, and actuarial report drafting. In particular, this Regulation clarifies the scope of Other Benefit Program previously contemplated under OJK Regulation No. 5/POJK.05/2017, which is one of the possible programs to be implemented under an employer pension fund. This Regulation came into force on the date of its enactment and does not revoke Minister of Finance Decree No. 510/KMK.06/2002, as amended.

BI Board of Governors Regulation No. 20/12/PADG/2018 dated June 4, 2018, regarding Implementing Guidelines for the Carriage of Foreign Banknotes Into and Out of Indonesian Customs Territory. This is an implementing regulation for BI Regulation No. 19/7/PBI/2017, as amended. In particular, this Regulation clarifies several issues, including how to apply for a license as a Foreign Banknote Authorized Carrier and the procedures and requirements for transporting foreign banknotes. It also covers the monitoring system implemented by BI, from reporting mechanisms to the imposition of sanctions. It came into force on the date of its promulgation.

BI Board of Governors Regulation No. 20/14/PADG/2018 dated June 29, 2018, regarding Non-Bank and Custodian Money Market Report. This is an implementing regulation for BI Regulation No. 18/11/PBI/2016, BI Regulation No. 19/2/PBI/2017 and BI Regulation No. 19/9/PBI/2017. It obliges securities companies, brokers and custodian banks to report data related to money market instrument trades to Bank Indonesia on a weekly basis. This Regulation covers the procedures and requirements related to this reporting obligation. It came into force on July 1, 2018.

BI Board of Governors Regulation No. 20/13/PADG/2018 dated June 26, 2018, regarding the Amendment of BI Board of Governors Regulation No. 19/18/PADG/2017 regarding Commercial Bank Daily Report. This Regulation amends certain forms related to the daily report submitted by commercial banks to Bank Indonesia, particularly Form 202 on Forward, Swap and Option Transactions; Form 301 on Commercial Paper Trading in the Secondary Market; and the Password List. This Regulation came into force on July 2, 2018.

BI Board of Governors Regulation No. 20/15/PADG/2018 dated July 30, 2018, regarding Immediate Fund Settlement Provision through the Bank Indonesia-Real Time Gross Settlement ("BI-RTGS") System. This Regulation covers the procedures and the obligations of parties involved in the BI-RTGS system. It is similar to BI Circular Letter No. 17/30/DPSP, as amended, with the main changes related to provisions on the obligation of BI-RTGS participants to provide sufficient funds during the delivery of fund settlement instructions, the queue mechanism and FLI utilization, the procedure to apply to become a BI-RTGS participants and various other provisions intended to harmonize different BI systems such as BI-SSSS, BI-ETP and SKNBI. This Regulation came into force on the date it was stipulated and revoked BI Circular Letter No. 17/30/DPSP, as amended, with the exception that provisions on fund settlement instructions, priority group, the queue mechanism and liquidity management facilities will remain in effect until December 31, 2018.

OJK Regulation No. 9/POJK.04/2018 dated July 27, 2018, regarding Public Company Acquisition. The stated aim of this Regulation is to resolve the issue of multiple refloats creating legal uncertainty and an unnecessarily long wait to procure compliance. Article 21 stipulates that the refloat obligation must be complied with within two years of the Obligatory Tender Offering being completed. This Regulation contains other provisions on the procedures and requirements for the acquisition of a public company. It came into force on the date of its enactment and revokes OJK Regulation No. IX.H.1 as attached to Capital Market and Financial Institution Supervisory Board Decree No. Kep-264/BL/2011.

OJK Circular Letter No. 10/SEOJK.05/2018 dated May 9, 2018, regarding Electronic Applications for Licenses, Approval, and Reporting for Insurance Companies, Islamic Insurance Companies, Reinsurance Companies, and Islamic Reinsurance Companies. This Regulation covers various applications that can be completed electronically by the types of companies listed in its title. The attachments of this Regulation cover the various supporting documents required to complete the electronic applications. This Regulation came into force two months after it was stipulated, i.e. July 9, 2018.

communication and informatics

Ministry of Communication and Informatics Regulation No. 7 of 2018 dated August 6, 2018, regarding Electronically Integrated Business Licensing Services in the Field of Communication and Information. Following the enactment of Government Regulation No. 24 of 2018 regarding Electronically Integrated Business Licensing Services dated June 21, 2018, each ministerial body and/or government agency that issues licenses that are now processed by the Online Single Submission ("OSS") system must regulate business licenses that fall within its jurisdiction. This Regulation further details the technical requirements and procedures for business licensing within the communication and information sector, including the Broadcasting Implementation License, Radio Station License, Radio Frequency Line License, etc. It came into force on the date of its enactment.

energy and mineral resources

Minister of Energy and Mineral Resources ("MEMR") Regulation No. 27 of 2018 dated May 4, 2018, regarding Compensation for Land, Buildings and/or Plants Located under Electricity Transmission Network Right of Way. This Regulation requires the holders of power provider business licenses to pay compensation to any parties who have had the economic value of their land, buildings and/or plants impacted due to the construction of new electricity transmission networks, the replacement or addition of new towers or poles in existing electricity transmission networks, and/or the expansion of the area or width of the right of way of existing networks. Such compensation will be granted only once, which means that if there is a change of owner of land, buildings and/or plants, the new owner is not entitled to compensation. Before paying any compensation, holders of power provider business licenses must inform any affected local communities about electricity transmission network construction plans, collect initial data and inventory and identify the ownership, usage and utilization of land, buildings and/or plants that may be affected by the construction. This Regulation came into force on the date of its enactment.

MEMR Decree No. 1827 K/30/MEM/2018 dated May 7, 2018, regarding Guidelines for the Implementation of Good Mining Practices. This Decree stipulates guidelines for good mining practices in the coal and mineral mining businesses. It includes guidelines for the evaluation and ratification of heads of mining engineering, persons in charge of engineering and environment, heads of underground mining operations, operational supervisors, technical supervisors and/or operational persons in charge; guidelines on technical management of mine engineering; guidelines on mining, processing and refining safety; safety management and environmental management guidelines; reclamation, post-mining and post-operational activity guidelines; and technical rules for mining services and the evaluation of the same. This Decree came into force on the date of its stipulation.

MEMR Regulation No. 34 of 2018 dated June 22, 2018, regarding the Fifth Amendment of MEMR Regulation No. 39 of 2014 regarding the Calculation of the Retail Price of Petroleum-Based Fuel. This Regulation provides that the maximum retail price of petroleum-based fuel at the delivery point is the base price plus Value Added Tax and Motor Vehicle Fuel Tax, to a maximum of 10% above the base price. The Motor Vehicle Fuel Tax differs from province to province and is determined by regional regulation. The retail price of petroleum-based fuel must be reported to the Minister of Energy and Mineral Resources through the Directorate General of Oil and Gas for further evaluation. This Regulation came into force on the date of its enactment.

MEMR Regulation No. 37 of 2018 dated July 5, 2018, regarding Offering of Geothermal Working Areas, Issuance of Geothermal License and Geothermal Business Assignment. This Regulation provides the steps and procedures to offer, appoint and license companies that will explore, exploit or manage a geothermal working area. The offering of a geothermal working area is done by way of a tender administered by the Directorate General of Geothermal Energy and the Minister of Energy and Mineral Resources, or by direct appointment if there is only one tender participant. A consortium that wins a tender must establish a new business entity specifically to manage the working area won in the tender. A business entity that wins the tender must obtain a Geothermal License by submitting an application to the MEMR. Alternatively, the MEMR may directly appoint a State-Owned Enterprise or Public Service Entity engaging in the geothermal sector to carry out such business. This Regulation came into force on the date of its enactment.

environmental affairs

Minister of Environment and Forestry Regulation No. P.12/MENLHK/SETJEN/ KUM.1/4/2018 dated May 9, 2018, regarding the Requirements and Procedures for Ocean Waste Dumping. This is an implementing regulation for Government Regulation No. 19 of 1999 regarding the Control of Pollution and/or Ocean Damage, and Government Regulation No. 101 of 2014 regarding the Management of Toxic and Hazardous Waste. In essence, this Regulation addresses the disposal of waste in the ocean, including environmental and licensing requirements. This Regulation came into force on the date of its enactment.

Minister of Environment and Forestry Regulation No. P.15/MENLHK/SETJEN/ KUM.1/5/2018 dated June 4, 2018, regarding Forestry Areas with Specific Purposes. This Regulation allows the government to designate forest areas for specific purposes. It contains provisions on, inter alia, the determination, management, guidance, monitoring and evaluation, and financing of forest areas for specific purposes. This Regulation came into force on the date of its enactment.

Minister of Environment and Forestry Regulation No. P.17/MENLHK/SETJEN/ KUM.1/5/2018 dated June 5, 2018, regarding Procedures for the Relinquishment of Forest Areas and Changes to the Boundaries of Forest Areas as Objects of Agrarian Reform. This Regulation contains provisions on the release of land areas controlled by the government for distribution or redistribution to individuals, institutions, social/religious bodies, and customary communities in the framework of agrarian reform. It came into force on the date of its enactment.

health

Ministry of Health Regulation No. 26 of 2018 dated July 12, 2018, regarding Electronically Integrated Business Licensing Services in the Field of Health. This Regulation is the Ministry of Health's attempt at regulating business licenses that fall within its jurisdiction following the establishment of the OSS system. Government Regulation No. 24 of 2018 regarding Electronically Integrated Business Licensing Services provides that certification for the newly created Commercial/Operational License will be the authority of each ministerial body and/or government agency, and this Regulation aims to implement that directive for the health field. The scope of this Regulation includes procedures and requirements for the obtainment of business licenses and certification in the pharmaceutical, medical devices and cosmetics sectors, as well as other industries under the jurisdiction of the Ministry of Health. This Regulation came into force on the date of its enactment.

Minister of Health Regulation No. 4 of 2018 dated March 28, 2018, regarding the Obligations of Hospitals and the Obligations of Patients. This Regulation replaces Minister of Health Regulation No. 64 of 2014 on the same subject. It sets out additional obligations for hospitals in respect to patients and employees. Although no significant changes are introduced, this new Regulation clarifies that patients are entitled to be aware of their rights including the right to give consent or refuse to be part of medical experimentation. Hospitals must also guarantee certain labor rights for their employees including the right to be fairly compensated. This Regulation came into force on the date of its enactment.

Minister of National Development Planning / Chairman of the National Development Planning Agency Regulation No. 4 of 2018 dated March 26, 2018, regarding the Development and Supervision of Consultancy Services at the Ministry of National Development Planning / National Development Planning Agency. While the terms of this Regulation are general, its purpose is to regulate the appointment of third- party consultants employed by the Ministry of National Development Planning / National Development Planning Agency. This includes mandating the drafting of a roadmap for the development and supervision of consultancy services and including minimum contractual terms. This Regulation came into force on the date of its enactment.

industry

Minister of Industry Regulation No. 13 of 2018 dated May 23, 2018, regarding the Amendment of Ministry of Industry Regulation No. 27/M-IND/PER/7/2017 regarding the Growth and Development of Small and Medium Industrial Companies through Machinery and/or Equipment Restructuring Program. The key change under this Regulation is that small and medium businesses producing products that usually require an Indonesian National Standard ("SNI") certificate are no longer required to obtain an SNI certificate to participate in the restructuring program, entitling them to receive discounts on the purchase of machinery and equipment. The Regulation lowers the maximum reimbursement under the restructuring program from IDR 500 million to IDR 300 million per company per budget year. This Regulation came into force on the date of its enactment.

labor & employment

Minister of Manpower Regulation No. 4 of 2018 dated April 11, 2018, regarding Procedures for the Imposition and Revocation of Administrative Sanctions in the Form of Public Service Access Restrictions for Employers Other than the Government. The stated aim of this Regulation is to ensure that all employers other than government institutions have registered their employees with the BPJS Health and BPJS Employment social security programs. This Regulation came into force on the date of its enactment.

tax, customs and excise

Minister of Finance ("MOF") Regulation No. 39/PMK.03/2018 dated April 12, 2018, regarding Procedures for the Refund of Tax Overpayment. The stated aim of this Regulation is to encourage economic growth and to support government programs to improve the ease of business. The MOF is of the view that it is necessary to simplify the tax refund process for taxpayers that meet certain requirements and for low-risk taxable entrepreneurs. This Regulation came into force on the date of its enactment.

MOF Regulation No. 40/PMK.04/2018 dated April 16, 2018, regarding Recordation, Detention, Guarantee, Suspension, Monitoring and Evaluation to Control the Import or Export of Goods Suspected of Infringing Intellectual Property Rights. This is an implementing regulation for Government Regulation No. 20 of 2017 regarding Control of Imported or Exported Goods Suspected of Resulting or Originating from the Infringement of Intellectual Property Rights. This Regulation came into force 60 (sixty) days as of the date of its enactment.

Directorate General of Tax Regulation No. PER-10/PJ/2018 dated April 6, 2018, regarding Registration Sites for Taxpayers and/or Reporting Places for Taxable Business Entrepreneurs at the Tax Service Office in the Regional Office of the Directorate General of Major Taxpayers, at the Tax Service Office in the Regional Office of the Directorate General of Jakarta Special Taxes, and at Branch Tax Service Offices. This stated aim of this Regulation is to improve the implementation of the rights and the fulfillment of the tax obligations for certain taxpayers and/or taxable business entrepreneurs by regulating the registration sites for taxpayers and/or the reporting of certain taxable enterprises. This Regulation came into force on the date of its enactment.

Head of the Capital Investment Coordinating Board ("BKPM") Regulation No 5 of 2018 dated May 30, 2018, regarding Details on Business Lines and Types o Pioneer Industries Eligible for a Tax Holiday and the Procedure to Obtain a Tax Holiday This Regulation stipulates the criteria for pioneer industries to receive a tax holiday. In particular, it amends the list of business lines eligible for a tax holiday and the procedure to obtain the tax holiday, which is notably simpler than under the previous regulation. This Regulation came into force on the date of its enactment and revokes Articles 80 to 84 o BKPM Regulation No. 13 of 2017.

MOF Regulation No. 62/PMK.04/2018 dated June 21, 2018, regarding the Second Amendment of MOF Regulation No. 160/PMK.04/2010 on Customs Value for the Calculation of Import Duty. The stated aim of this Regulation is to provide legal certainty for inspection outcomes and the determination of customs tariff and valuation by customs officials, as well as for the re-inspection of customs tariffs and valuation by the Directorate General of Customs and Excise or assigned officials. This Regulation was issued in response to the determination that it was necessary to improve the provisions on customs valuation for the calculation of import duty. This Regulation came into force 30 (thirty) days as of the date of its enactment.

MOF Regulation No. 68/PMK.04/2018 dated July 5, 2018, regarding Excise Settlements. This Regulation was issued to accommodate technological developments and the preferences of consumers of excisable goods, as well as to improve excise and financial administration services. It came into force on the date of its enactment.

Head of BKPM Regulation No. 6 of 2018 dated July 20, 2018, regarding Guidelines and Procedures for Capital Investment Licensing and Facilities. This Regulation amends various procedures and requirements introduced by BKPM Regulation No. 13 of 2017 following the issuance of Government Regulation No. 24 of 2018 and the introduction of the Online Single Submission ("OSS") system. There are now new procedures and requirements to obtain business licenses and other investment facilities from the BKPM, in addition to a change to the Investment Realization Report obligation. This Regulation also stipulates the limited number of licenses that can still be processed by the BKPM, with the majority of licensing have been moved to the OSS system. It came into force on the date it was enacted and revokes BKPM Regulation No. 13 of 2017.

Head of BKPM Regulation No. 7 of 2018 dated July 20, 2018, regarding Guidelines and Procedures on Capital Investment Implementation Control. This Regulation covers the authority of the BKPM and other governmental institutions related to the monitoring, counseling and supervision of the implementation of capital investment licensing and facilities. This Regulation contains minor changes to BKPM Regulation No. 14 of 2017. One of the most notable changes concerns the submission of Investment Realization Reports ("LKPM") by companies that have entered the production stage, with the reports now to be submitted quarterly rather than every semester. This Regulation came into force on the date of its enactment and revoked BKPM Regulation No. 14 of 2017.

Directorate General of Customs and Excise ("DGCE") Regulation No. PER-12/ BC/2018 dated May 28, 2018, regarding the Amendment of DGCE Regulation No. PER-37/BC/2017 regarding Procedures for the Determination of Excise Tariffs for Tobacco Products. The stated aim of this Regulation is to provide legal certainty and improve services and administration in the excise sector, as well as to accommodate technological developments in the tobacco sector. This Regulation came into force on July 1, 2018.

trade

Minister of Trade ("MOT") Regulation No. 47 of 2018 dated April 6, 2018, regarding the Fourth Amendment of MOT Regulation No. 20/M-DAG/PER/4/2014 regarding the Control and Oversight of the Procurement, Distribution and Sale of Alcoholic Beverages. This Regulation requires applications to become a Registered Importer of Alcoholic Beverages (Importir Terdaftar Minuman Beralkohol or "IT-MB") to be submitted online via the INATRADE website (www.intrade.kemendag.go.id). Individuals are prohibited from bringing/sending alcoholic beverages into Indonesia from overseas, except for personal consumption in amounts of less than 1000 ml per person or as sample products for laboratory research. All Registered Importers of Alcoholic Beverages must submit a report on their import and distribution activities every three months to the Directorate General of Foreign Trade, copied to the Directorate General of Domestic Trade and the Directorate General of Consumer Protection and Trade Compliance. This Regulation came into force on the date of its enactment.

MOT Regulation No. 48 of 2018 dated April 10, 2018, regarding the Amendment of MOT Regulation No. 82 of 2017 regarding Provisions on the Utilization of Sea Transportation and National Insurance for the Export and Import of Certain Products. This Regulation provides that exporters and importers must procure insurance from a domestic insurance company or a consortium of domestic insurance companies for the export or import of certain products, effective as of August 1, 2018. This Regulation removes the provision on the utilization of foreign insurance companies if the relevant insurance product is available from a domestic insurance company, effective as of May 1, 2020. This Regulation came into force on the date of its enactment.

MOT Regulation No. 52 of 2018 dated April 17, 2018, regarding the Second Amendment of MOT Regulation No. 39/M-DAG/PER/7/2014 regarding Provisions on the Export of Coal and Coal Products. This Regulation updates the procedures and required documents to obtain acknowledgement from the Directorate General of Minerals and Coal as a Registered Exporter of Coal. Companies shall now submit an online application through the INATRADE website (www.intrade.kemendag.go.id). This Regulation came into force on the date of its enactment.

MOT Regulation No. 53 of 2018 dated April 17, 2018, regarding the Second Amendment of MOT Regulation No. 44/M-DAG/PER/7/2014 regarding Provisions on the Export of Lead. This Regulation updates the procedures and required documents to obtain acknowledgement from the Directorate General of Minerals and Coal as a Registered Exporter of Lead. Companies shall now submit an online application through the INATRADE website (www.intrade.kemendag.go.id). This Regulation came into force on the date of its enactment.

MOT Regulation No. 75 of 2018 dated July 20, 2018, regarding Import Identification Number. This Regulation provides that an Import Identification Number ("API") shall be issued by the Online Single Submission ("OSS") system. Importers who already have a General Importer Identification Number ("API-U") or a Production Importer Identification Number ("API-P") are required to register with the OSS system to secure a Business Identification Number ("NIB") by no later than six months after the enforcement of this new Regulation. The NIB will be issued by the OSS agency and, once issued, will also function as a valid API. This Regulation came into force on the date of its enactment.

MOT Regulation No. 76 of 2018 dated July 20, 2018, regarding Company Registration. This Regulation provides that the registration of limited liability companies, cooperatives, limited partnerships, individual businesses and other forms of business, including foreign representative offices, shall be done through the Online Single Submission ("OSS") system. Registration is done online by submitting the following information: name and citizenship number, residential address, business line, business location, investment plan, employment plan, business contact number, fiscal/customs/ other facilities application plan, and the Tax Identification Number ("NPWP") of the individual business. The application is free of charge and the company will receive a Business Identification Number ("NIB"), which will serve as a Company Registration Certificate ("TDP"). Companies that obtained a TDP before the enactment of this Regulation must register with the OSS within two years after the enactment of this Regulation. This Regulation came into force on the date of its enactment.

MOT Regulation No. 77 of 2018 dated July 20, 2018, regarding Electronically Integrated Business Licensing Service in the Trade Sector. This Regulation provides that business licenses and commercial licenses in the trade sector shall be issued through the Online Single Submission ("OSS") system. In addition, the supervision of business activities in the trade sector shall be exercised by both the Minister of Trade and the Head of the OSS. Business licenses and/or commercial/operational licenses issued before the enactment of this Regulation are still valid but must be registered with the OSS. This Regulation came into force on the date of its enactment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions