The basic principles of child protection in Indonesia is formulated in Article 2 Law Number 23 of 2002 on Child Protection (Indonesian Child Protection Law), which derived from the principles of protection contained in the Indonesian 1945 Foundational Law (UUD 1945). The basic principles in Indonesian Child Protection Law are: 1) nondiscrimination; 2) child’s best interest; 3) child’s right to live, grow, and develop; and 4) valuing child’s opinion. Following this, the state is obligated to guarantee that children are given opportunities to state their opinion in any adjudication or administrative processes relevant to their rights, directly or indirectly.

Family law encompasses marriage, adoption, litigation, negotiation, reconciliation, communal property, parental rights, women and children protection rights, alimony, and inheritance. Laws on these topics vary from state to state. Most states define marriage as a civil contract between a man and a woman to become husband and wife. In Indonesia, however, as regulated in Law No. 1 of 1974 defines marriage as legitimate if it has been performed according to the laws of the respective religious beliefs of the parties concerned.

Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on Al-Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH).

Under the Indonesian Law scheme, contract law is regulated in Book III of the Civil Code consists of a General Part (Article 1235-1456), containing the general rules of the law of obligations and contracts and a Special Part regulating Special Contracts (Article 1457-1855). The general principles of the law of contracts in the Civil Code form the principles not only for contracts regulated in the Civil Code itself, but also for those regulated in the Commercial Code and in other special acts or regulations. Regardless of how the contract it is, it can be said that mutual consent is the primary principle for valid contract. Further, there are four primary requirements that must be fulfilled before a contract is legally binding: the contract must be concluded based on free will of the parties, in a way that the party making agreement must be legally has capacity to do so; the contract must be supported by a certain definite matter agreed upon and the subject matter of the contract. Based on Article 1338 paragraph one of the Civil Code, once the requirements for valid contract above are met, then it becomes legally binding to the contracting parties.

Unlike other countries, Indonesian law has no provision for non-religious civil marriages. The validity of marriage is governed by the Marriage Law of 1974 which took effect in 2nd January 1974. The mixed-marriage couple needs to pay attention to the legal issues surrounding their union. Further, for the mixed-couple who has decided to get marry abroad, will not be exempted from the law. The 1974’s Marriage Law stipulates that within one year after your return to Indonesia, it is mandatory for them to report the marriage to the Civil Registry Office.

In Indonesia, the regulating law in this matter is namely; Law No. 23 of 2002 on Protection of Children. This regulation expressly states that the purpose of adoption, motivation adoptions can only be done for the best interests of the children and is based on local customs and regulations legislation in force. Further, with regard on the prevailing law, to be able to conduct an Indonesian child adoption, the adoptant parents must file a legal petition to the local district court which covers the child's legal domicile area. The provision also stipulates that the application must be submitted to the Indonesian District court by the adoptant parents or by their legal representatives such as an attorney.

Prenuptial agreement is a term for a written contract signed by a couple before their marriage. The content of the contract can be anything, but the most common thing is related to the division of assets and properties. Moreover, the decision of the Constitutional Court No. 69/PUU-XIII/Year 2015 provides a second chance for married couples to be able to have a nuptial agreement made during the marriage bond or commonly known as Postnuptial Agreement. As a matter of fact, Director General of Personnel and Registration of Population, Prof. Dr. Zudan Arief Fakrulloh as of May 19, 2017, has allotted a letter outlining the implementation to apply for nuptial agreements (pre and postnuptial) at the Indonesian Civil Registry.

Distinctly has the authority in deciding cases judicial review, has the capability to declare words, sentences, paragraphs, articles or the law unconstitutional. Thus, it is essential for the Constitutional Court to take into account legal arguments. The fundamental element of these legal arguments is constitutional interpretation, which serves as a parameter in determining constitutionality of the laws.

Consumer Protection in Indonesia is regulated by Law No. 8 of 1999, under this regulation several basic concept of consumer protection are classified, namely: Product safety; Entrepreneur Behavior; Advertising Procedures; Establishment of Consumer Protection Agency; and Dispute resolution.

This is a legally binding agreement between the seller and the consumer concerning the sale of goods or the supply of services (with or without goods).

In most practices, the parties in consumer contract are the seller and the consumer where generally regarding the sale of goods or the supply of services (with or without goods). do not do what you agreed to do as set out in the contract - for example, you might not deliver the right goods or provide the service on time, or the consumer might not pay - this is called being in "breach of contract". If you are in breach of contract as the seller, the consumer may claim for repair or replacement of goods, full or partial refund, or damages (money compensation). There are circumstances where the seller are entitled to claim compensation for the reduction in value of goods sold or supplied under a distance or off-premises contract where the consumer cancels the contract.

Indonesian Consumer Protection Law established the Customer Dispute Settlement Board (Board) which is an alternative mechanism for processing product liability claims. According to the law, an individual customer can either submit a claim for tortuous liability or contractual liability to the Board or to a district court. However, a joint or class action or government claim can only be submitted to the district court.

Consumer Protection in Indonesia is regulated by Law No. 8 of 1999, under this regulation several basic concept of consumer protection are classified, namely: Product safety; Entrepreneur Behavior; Advertising Procedures; Establishment of Consumer Protection Agency; and Dispute resolution.

In 2014, the Indonesia Financial Authority (OJK) with the support of the World Bank International Finance Corporation (IFC) established the Indonesian Corporate Governance Manual. Under the Manual, the configuration of Corporate Governance is determined by the enforcement of a code of good corporate governance through a "comply or explain" regime and the implementation of a code of conduct for stakeholders (such as capital market professionals, business journalists and other media).

LDD focuses primarily on legal compliance, changes in control triggers and uncovers the unknown. Therefore, the purpose of LDD is to identify risks and obligations, provide advice and, of course, as a basis for negotiating before entering into a transaction. In common practice, the procedure of LDD involves reviewing a handful of documents, legal compliance, company assets, business operations and interviewing business partners and/or target company employees.

Law No. 40 year 2007 concerning Limited Liability Company does not regulate specifically on liability for crimes conducted by corporation as a legal subject, however criminal cases for corporation is recognized in several prevailing laws in Indonesia, such as Capital Market Law, Consumer Protection Law, Electricity Law, Environmental Law, and Manpower Law. Further, corporate crime is crimes committed by individuals, based on employment or other relationships, either individually or jointly acting on behalf of corporation, within or outside of the corporation. For example, under the Anti-Corruption Law, there are roughly 30 acts defined as corruption, ranging from actions that cause loss to the state’s finances to conflict of interest in a public procurement process.

In doing business, there must be any valuable commercial information that provides such business with an advantage over competitors who do not have that information. Therefore, any use or disclosure of a commercial secrecy by an employee, former employee, or anyone else is prohibited by law, and if there is any person who revealing the secrecy, then the holder of the secrecy may seek damages against such a person. Customer information is largely covered by consumer protection regulations. This includes any information contained on an application of a customer of the Funds or other form and all nonpublic personal information about a Customer that a party receives from the other party. Moreover, customer information including, by way of example and not limitation, name, address, telephone number, social security number, date of birth and personal financial information.

Cross-border transactions include both outbound and inbound transfers of property, stock, or financial and commercial obligations between related entities resident and operating in different tax jurisdictions.

Fundamentally, cross border M&A defined as a company in one country can be acquired by an entity (another company) from other countries. The local company can be private, public, or state-owned company. In the event of the merger or acquisition by foreign investors referred to as cross-border merger and acquisitions will result in the transfer of control and authority in operating the merged or acquired company. Assets and liabilities of the two companies from two different countries are combined into a new legal entity in terms of the merger, while in terms of acquisition, there is a transformation process of assets and liabilities of local company to foreign company (foreign investor), and automatically, the local company will be affiliated. Empirically, there are some examples of cross border M&A proposal having been approved by the Indonesian Commission for Supervising Business Competition (the Commission) in Indonesia. Such approvals have been granted to proposals between Bank NISP (Indonesia) and OCBC (Singapore), Bayan Resources (Indonesia) and KEPCO (South Korea), etc.

Under the Arbitration Law stipulates that many disputes in commercial sector can be resolved under arbitration, from trading, Banking, Finance, Capital Investment, Industry to Intellectual Property Rights. One of the advantages of arbitration as a disputes solution is faster in obtaining a final and binding award. In Indonesia, there are three arbitral institutions, namely: the Indonesian National Board of Arbitration (BANI), the Indonesian Capital Market Arbitration Board (BAPMI) and the Shariah National Arbitration Body (BASYARNAS).

The Court is defined as religious court and religious high court in the religious judicial environment. Based on Article 2 of Law No. 3 of 2006 on the Amendment of Law no. 7 of 1989 on Religious Courts (State Gazette of the Republic of Indonesia of 2006 no. 22, Supplement to the State Gazette of the Republic of Indonesia no. 4611), it is stipulated that the Religious Courts are one of the judicial authorities which can exercise its power to seek justice for the Muslim citizen on certain matters as referred to Syariah law.

Syariah Inheritence is a norm of inheritance that is originated from Al-Qur’an (Holy Book or the Scripture of the Muslims) and the hadith (record of the traditions or sayings of the Prophet Muhammad).

In Islamic law, adoption does not carry legal consequences in terms of blood relationship, the relationship heir of his biological parents and the child kept the name of his biological father.

The existence of the religious courts was strengthened by the enactment of a Marriage Law in 1974, which was designated Marriage Law No. 1 of 1974. Applicable to all Indonesian citizens regardless of their religion, this Law gave religious courts the formal authority to deal with Muslim family issues. Under this law, religious courts across Indonesia have had the same jurisdiction over matrimonial issues and the substantive grounds for their settlement since 1 October 1975. There are a number of issues which began to be regulated through this law, including polygamy, divorce by repudiation, settlement of joint property, child custody and alimony, legal status of a child, and determination on the validity of marriages concluded before the promulgation of Marriage Law No. 1 of 1974 and which were carried out in accordance with other regulations.

The Indonesian labor court (known as the industrial relations court) is a special court within the general court. The disputing parties bring their dispute to the labor court in the event when they’ve failed to meet a solution through the bipartite and tripartite efforts to settle the case. The labor court can decide over all types of labor disputes between parties. Specifically, in Chapter three and four of Law number 2 of 2004 on Industrial Relations Dispute Settlement regulates the dispute settlement through the Indonesian labor court. Moreover, the labor court can examine and decide over the following disputes: a. disputes regarding rights; b. disputes regarding interest; c. disputes regarding termination of employment; and d. disputes between labor unions in a company.

A civil suit filed through civil litigation must be based on one of the two following legal reasons: breach of contract (Wanprestasi) or unlawful acts/tort (Perbuatan Melawan Hukum). Indonesian legal system does not use juries. Instead, judgments are made by a panel of judges. After pleadings have been filed, there is an evidentiary hearing during which parties must submit any evidence on which they have relied in their arguments. There is no procedural provision for either the court or another party to require a party to disclose any evidence that it has not chosen to submit as part of this process. This is in line with the general principles in Indonesian civil procedure that judges must only examine matters that are submitted by the parties and that parties have the burden of proving any assertions made as part of their case.

In principal, the procedures of criminal proceeding in Indonesia should be referred to Law No. 8 of 1981 regarding Criminal Procedure Law. Primarily, the procedures of criminal litigation is divided into several stages, as follows: a. Preliminary Investigation; b. Investigation; c. Prosecution; and d. Court Hearing in District Court.

In most practices, corporate disputes are arises in three circumstances: firstly, in management disputes – These conflicts arise from the company’s daily operational dealings like engagements, contracts, supplier transactions, premises control, human resources supervision, etc. A lot of the major disputes arise from important issues like business mergers and company takeovers. Secondly, in personal disputes – These refers to conflicts that arise from personal matters that may affect the company’s operations. This includes issues like where the two parties may fight for the rights to the shares of the company, and successions, where conflicts on inheritance may affect the division of shares within the company. And thirdly, in management misconduct – This type of conflict occurs when one or more company executive, director or shareholder gets involved in different kinds of misbehavior. Some examples would be loan approval to the directors, illicit diversionary tactics regarding the corporate finances, unauthorized transactions and management exclusions.

Commercial courts have the specific authority to examine, adjudicate and decide matters concerning intellectual property, bank liquidations by the Indonesian Deposit Insurance Company (Lembaga Penjamin Simpanan or "LPS") and bankruptcies. Primarily, Indonesian commercial courts apply civil procedural law, though there are several exceptions. In particular, for bankruptcy proceedings, commercial courts do not have an appeals process, instead would proceed to cassation.

In Indonesia, a Commercial Court is the primarily authorization in examine IP civil disputes which have already been provided in IP laws, since Trade mark, Patent and other IPR are closely related to the economy and trade. Hence, civil cases should be settled very quickly and in a relatively short time. Except for Trade Secrets, civil disputes are under the competency of the District Court. IP Law also recognizes arbitration or any other alternative dispute resolution for IPR dispute settlement.

Tax disputes in Indonesia involve local government administration by the revenue authority of the province, regency and central government taxes administered by the Ministry of Finance through the Directorate General of Taxes (DGT) and the Directorate General of Customs and Excise (DGCE). Procedures for dispute resolution are governed by the Local Tax Law at the administrative level for local government taxes; by the Customs Law and the Excises Law for taxes administered by the DGCE; and by the General Rules of Taxation Law (GRT Law) for taxes administered by the DGT.

In Indonesian administrative court, the subject in dispute is a decision issued by the state (through state officials) that is final and individual (specifically to a certain legal entity or a person). Therefore, the scope of disputes that must be brought to the administrative court are as follows: objections to an asset revaluation, objections to a merger being filed with a book value, objections to being registered as a taxable entrepreneur, objections to the regulations or policy of the tax office or the Directorate General of Tax.

The formula for pension payments and the revaluation of deferred pension rights is provided in the pension fund rules (Law No. 11 of 1992).

In most practices, the parties in consumer contract are the seller and the consumer where generally regarding the sale of goods or the supply of services (with or without goods). do not do what you agreed to do as set out in the contract - for example, you might not deliver the right goods or provide the service on time, or the consumer might not pay - this is called being in "breach of contract". If you are in breach of contract as the seller, the consumer may claim for repair or replacement of goods, full or partial refund, or damages (money compensation). There are circumstances where the seller are entitled to claim compensation for the reduction in value of goods sold or supplied under a distance or off-premises contract where the consumer cancels the contract.

A securities litigation, or securities fraud class action, is a lawsuit filed by investors who bought or sold a company’s securities within a specific period of time (known as a “class period”) and suffered economic injury as a result of violations of the securities laws.

In Indonesia based on the Law No. 30 of 1999 concerning Alternative Dispute Resolution and Arbitration, ADR is interpreted as alternative to adjudication as it is reflected in the title of the Law No. 30 of 1999 which separates ADR and arbitration. Therefore ADR includes negotiation, mediation, conciliation, early neutral evaluation and other hybrid type of ADR.

The Commission for the Supervision of Business Competition (Komisi Pengawas Persaingan Usaha / “KPPU”) is the primary enforcement body of the Anti-Monopoly Law, having wide authority to investigate and try cases (subject to review by the courts). The KPPU is authorized to impose a range of administrative penalties, including: nullification of all agreements or mergers, consolidations and acquisitions which violate the Anti-Monopoly Law; orders to business actors to stop all actions which violate the Anti-Monopoly Law; determination of damages to compensate parties for loss; and imposition of fines of between IDR1 billion and IDR25 billion.

Any disputes that may arise in an autonomous association of person united voluntarily to meet their common economic, social and culture needs and aspirations through a jointly-owned and democratically controlled enterprise, in Indonesia this association commonly known as “Koperasi”.

Religious Courts have the authority to examine, adjudicate and decide cases among Muslims in the following areas: marriage, inheritance, wills, grants, wakaf (religious charitable trusts), zakat (alms), infaq, shadaqah (voluntary donations) and the Sharia economy. Religious Courts are established in each district and city throughout Indonesia and are outside the courts of general jurisdiction. Please note that the Indonesian province of Aceh has the special autonomy granted by Jakarta to implement Sharia law. Therefore, Aceh has a special court known as Mahkamah Syariah that wields broader judicial authority than common Religious Courts.

Based on Indonesian Environmental Law (Law No. 32 of 2009) and its implementing regulation (MOE Regulation No. 5 of 2012), an environmental license is required in order to attain activities that involve an Environmental Impact Assessment (AMDAL) or Environmental Management and Monitoring Program (UKL-UPL).

Indonesian environmental law (Law No. 32 of 2009) has given an integrated regulatory framework which connected every loop of hazardous and toxic waste treatment, including: containment, collecting, transporting, treatment, reuse, and dumping, which fall under the law regime by Government Regulation No. 101 of 2014.

Basic Agrarian Law is the most important principle and provisions of the agricultural conditions which is the foundation for other land regulations. This regulation specifically determines about the relation between individual and legal entity with earth, water, and airspace. And its authority bodies to dispute the cases. This law consists of; land law, water law, mine law, forestry law, and fishery law.

Fundamentally, the main legal source that becomes the basis of the policy regarding the use of natural resources in Indonesia is in Article 33 paragraph 3 of the 1945 Constitution, where the state as the ruler of “the earth and water and the natural wealth contained therein” has the obligation to implement the constitutional order with restrictions on its use “to as much as possible the prosperity of the people”.

Indonesia’s oil and gas sector is regulated primarily by Law No. 22 of 2001 regarding Oil and Natural Gas. The Oil and Gas law endows the Government the exclusive rights to oil and gas exploitation and stand in need of all private companies wishing to explore for and exploit oil and gas resources to enter into cooperation contracts, based upon a production sharing scheme with the Government.

Capital market is the activity related to public offering and trade of stock, issuance stock of public company, as well as institution and profession in the field of stock. While stock are the securities i.e. promissory notes, commercial paper, shares, bond, proof of debt, unit collective investment contract, participation unit of collective investment contract, futures contract on the stock, and any derivatives of stock. Further, Indonesia Stock Exchange (Bursa Efek Indonesia/”BEI”) is the party in Indonesia that conducts and provides the system and/or the place to meet the parties who are going to sell and buy Stock. Those parties include individual, company, joint venture, association, or organized group. An offer or sale of foreign or domestic stocks or bonds to Indonesian investors shall be performed through Initial Public Offering (IPO) in Stock Market.

Banking business in Indonesia is predominantly regulated by Law No. 7 of 1992 as amended by Law No. 10 of 199; followed by its implementing regulations. Under this law regime, the function and authority to regulate and supervise the banking industry in Indonesia which was attached to Bank Indonesia, then allocated to OJK as of December 31 2013, disregard of the monetary function in maintaining Rupiahs stability and executing monetary policy which are still fall under the Bank Indonesia. Further, OJK released the regulatory framework regarding digital financial innovation through OJK Regulation No. 13/POJK.02/2018 which categorized several activities in the implementation of digital financial innovation. Subsequently, one of the major activities is called "insurance", which involving among others, sharing economy, autonomous vehicles, digital distribution, and securitization and hedge funds.

Coherent approach to the governance and realization of value from the matters that a group or entity is responsible for, over its whole life cycles. It may apply both to tangible assets (physical objects such as buildings or equipment) and to intangible assets (such as human capital, intellectual property, goodwill and/or financial assets). Further, it can be defined as a systematic process of developing, operating, maintaining, upgrading, and disposing of assets in the most cost-effective manner (including all costs, risks and performance attributes).

Venture finance is a form of fund used to support new or unusual commercial undertakings, such as equity, risk or speculative capital. This funding is provided to new or existing firms that exhibit above-average growth rates, a significant potential for market expansion and the need for additional financing for business maintenance or expansion.

A variety of lending that permit the access to business assets such as equipment, machinery and vehicles, or it could also enables the business owner to release cash from the value in the assets already own. Several examples in assets finance are: finance lease; asset refinance; hire purchase; equipment leasing, etc.

The long-term financing of infrastructure and industrial projects based on projected cash flow versus the entity's balance sheets. Usually, project financing involves a number of equity investors, known as "sponsors," and a group (or "syndicate") of banks or other lenders.

Contend the provisions and obligations for debtors and creditors in structuring international acquisitions. Issues covered include: General structuring of financing, foreign law and investment, debt, guarantees and collateral, funding, flex provisions, securities demands, enforcement, Debtor-in-Possession (DIP) financing and discount debt instruments.

A bilateral contract the in which the value is derived from the value of an underlying asset or assets at a future date. The underlying asset (often referred to as the "underlying" or "underlier") may comprise any of a number of assets. For example, the underlying asset may comprise a commodity, a currency, interest rates, value of a property, as well as a share in a company or indices of assets.

A securities litigation, or securities fraud class action, is a lawsuit filed by investors who bought or sold a company’s securities within a specific period of time (known as a “class period”) and suffered economic injury as a result of violations of the securities laws.

This term refers to any financing arrangement that crosses national boundaries. Cross border financing could include loans, letters of credit or bankers acceptances, Bank guarantees, depositary receipts, etc.

The tax court is a branch of the administrative court, although it is separate from the administrative court. In the administrative court, the subject in dispute is a decision issued by the state (through state officials) that is final and individual (that is, specific to a certain legal entity or a person).

It is a business arrangement that arise when parties based in different home states engage in joint enterprises in one or the other home states and/or in third jurisdictions.

The most common option in establishing companies in Indonesia is by setting up a limited liability company (PT). A PT is a legal entity comprised of shares that must be established by at least two shareholders. A PT formed with a foreign shareholder shall be in accordance with the requirements of the Investment Law and the Indonesia Investment Coordinating Board (BKPM) regulation is referred as a PMA Company (Foreign Investment Company), and a PT with domestic investment is referred as PMDN Company (Domestic/Local Investment Company).

A duly convened meeting of the Company's shareholders called to obtain the Company Shareholder Approval, or any valid adjournment or postponement thereof made in accordance with its Agreement.

Legal due diligence is the process of collecting, understanding and assessing all the legal risks associated during an M&A process.

Any establishment represent as the same or to act as the channel or even to undertake substantially the similar activity as that carried on by the principal place of business or head office of the company.

Incorporated associations, which encompass legal personality is formed to attain recreational, cultural or charitable purposes. Meanwhile, foundation is defined as a non-membership legal entity, established based on the separation of assets, and intentionally formed to fulfill the purposes in the social, religious, or humanitarian fields.

Corporate designates with the creation and operations of a legal entity and is related to commercial and contract law. Commercial transactions usually deal with the selling and purchasing of goods or services. While such transactions can sometimes be informal, most of them are systematize through the formation of contracts.

is a type of financial restructuring whereby a debt is exchanged for a predetermined amount of equity or stock.

It is the process of bringing a business to an end and distributing its assets to claimants. It is an event that usually occurs when a company is insolvent, meaning it cannot pay its obligations when they are due. As company operations end, the remaining assets are used to pay creditors and shareholders, based on the priority of their claims.

Licenses in Indonesia are governed by the amalgamation of national and local regulations. This has created two general classifications of licenses. Firstly, the type of license that is required by the national government and governed by national and local laws and regulations. Secondly, the type of license that are endowed directly by local government. Despite the development of many of the governmental functions, local governments are still dependent upon national government’s licensing procedures; due to the historical factor that business license was fundamentally regulated by Ministerial Decrees and National Laws. However, local governments issue most business permits based on national government laws or Ministerial Decree.

The 1945 Indonesian Constitution (Undang-Undang Dasar or UUD 1945) has three Articles (Articles 27, 28, and 29) guaranteeing only four fundamental rights: (1) freedom of assembly and association; (2) freedom of thought; (3) right to work and right to life; (4) freedom of religion.

Transactions practice for guidance on intellectual property (IP) issues arising in all types of corporate and financial transactions, including: technology development, acquisitions and divestitures, collaborations, strategic alliances and joint ventures IP licensing for complex technological and pharmaceutical assets commercial agreements, including co-promotion, outsourcing, manufacturing and supply, specialized IP holding company creation, asset monetization and debt structure strategies and IP litigation settlements.

In Indonesia, a Commercial Court is the primarily authorization in examine IP civil disputes which have already been provided in IP laws, since Trade mark, Patent and other IPR are closely related to the economy and trade. Hence, civil cases should be settled very quickly and in a relatively short time. Except for Trade Secrets, civil disputes are under the competency of the District Court. IP Law also recognizes arbitration or any other alternative dispute resolution for IPR dispute settlement.

Particularly for the telecommunication and media sector, competition supervisory duty in this area is conducted mutually by KPPU and BRTI. As a semi-independent regulatory body, BRTI runs its tasks and functions through the Committee of Telecommunication Regulation, which consists of seven members. Public participation is manifested through the appointment of five members of the committee from public figures, and two members of the committee from the government.

Indonesian Law recognize the nature of IP infringements by complaint (warrants complaint); thus, actions against IP infringement (trademark, patent and industrial design) can only be conducted if there is a complaint (warrant complaints) made by the party who suffers; while for copyright piracy, the legal enforcers can take action directly against the pirated copyright.

In Indonesia, franchising is regulated under several regulations, namely: Government Regulation No. 42 of 2007 regarding Franchises; Minister of Trade Regulation No. 53/M-DAG/PER/8/2012 regarding The Implementation of Franchising; and the Director General of Domestic Trade franchising technical guidelines No. 138/PDN/KEP/10/2008 (collectively referred as “Regulations”). Based on the regulations, franchise is interpreted as a special right (that is owned by an individual or an entity) over the unique characteristics of a business system, which has been successful in promoting goods and/or services and can be used by another party under a franchise agreement. Following this, based on the regulations, a franchise scheme qualifies as an IP licensing scheme, which allows the franchisee to legally exploit the other party’s IP. The licensing covers most IP areas, from trademarks to patents, with any of these being available for licensing.

The fundamental idea behind M&A is that two companies together are more valuable than two separate companies. The difference is that in a merger there is usually a process of negotiation involved between two companies prior to the combination taking place, where both may consider that a merger would result in greater market share and the product will be available in larger geographical area, while in acquisition the negotiation process does not necessarily take place, however, either all or most of the shares in the acquired company may result in change of control to such company. M&A can involve diverse different transactions, such as mergers, acquisitions, consolidations, tender offers, transfer of shares and management acquisitions.

It is a business arrangement involving two or more parties that agree to accomplish a specific task for their mutual benefit.

A non-publicly traded source of capital from investors who seek to invest or acquire equity ownership in a company. Under the Law No. 40 of 2007 regarding Limited Liability Companies, the most familiar classification on private equity transactions can be found through direct equity participation, mezzanine loans, and the so-called convertible notes, which the loan can be converted into shares upon certain circumstances.

The access and procedures to hold relevant Government's approval under Indonesian jurisdiction has become the vital aspect in dealing with investment in Indonesia, this is due to the prior-notification/approval requirements by the relevant Government bodies which commonly behindhand in the process.

The most common option in establishing companies in Indonesia is by setting up a limited liability company (PT). A PT is a legal entity comprised of shares that must be established by at least two shareholders. A PT with domestic investment is referred as PMDN Company (Domestic/Local Investment Company).

Distress peculiarly to the working contract, employment termination, the protection to laborers, their rights, the responsibility system, the right for the laborers to make the union as well as the entrepreneur to make some associations, and the state control regarding this law. Thus, there are various components in labor law itself, which may derive from many perspectives.

Employment agreements in Indonesia can be executed in writing or orally. Specifically, Indonesian Law (Law No. 13 of 2003) recognizes two types of employment: Permanent and Fixed Term. It follows that the daily worker is categorized as a fixed term employee under Indonesian Law and on the other hand, professional worker can be categorized as both; fixed term and permanent agreement depends on its nature.

An agreement that shall be made between a trade/ labor union or several trade unions already recorded at a government agency responsible for labor/manpower affairs and an entrepreneur or several entrepreneurs respectively..

This term shall refer to a communication, consultation and deliberation forum on manpower issues (problems) whose members consist of representatives from entrepreneurs’ organizations, workers/laborer’s organizations and the government.

Indonesian law recognizes and regulates 2 types of outsourcing; business process outsourcing (pemborongan pekerjaan) and labor supply (penyediaan jasa pekerja/buruh). The purpose of both outsourcing services regulated under Indonesian law is to support companies in delegating their non-core business process to external companies. To avoid disputes adversely affecting a user company and its outsourced employees, an outsourcing company must comply with employment regulations generally applicable in Indonesia; including minimum wage, Transfer of Undertaking Protection of Employment (TUPE) for those employed under employment agreements for a specific period.

Analyzes the adequacy of the company to current legislation in specific labor areas, such as: Social Security, Recruitment process, Collective agreements, Remuneration policy, Remuneration, and other labor issues.

In order to work in Indonesia legally, previously workers must possess a work permit (Izin Menggunakan Tenaga Kerja Asing) however nowdays, IMTA is replaced by a notification from the Ministry of Manpower.

A private or government fund (or payments therefrom), from which intermittent and regular benefits or allowances are paid to a person upon his or her retirement or disability. As of January, 2019, the retirement age is set to increase to 57 years old and after that gradually increase until 65 years old. When employees in Indonesia retire, they are allowed a certain amount of retirement allowance based on the Indonesian Labor Law (Law No. 13 of 2003).

Disputes arising between two parties which are commonly an employer and its employees concerning the terms or conditions of employment, or concerning the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment

The formula for pension payments and the revaluation of deferred pension rights is provided in the pension fund rules (Law No. 11 of 1992). However, as pensions-related issues continue to take centre-stage across the corporate world, it is crucial that legal advice is technically precise and perspicuous. Our lawyers will assist in all types of parties, including trustees of pension schemes, scheme sponsors, insolvency practitioners, investment managers, and parties to corporate transactions.

An organization that is formed from, by and for laborers either within an enterprise or outside of an enterprise, which is free, open, independent, democratic, and responsible in order to strive for, defend and protect the rights and interests of the laborers and increase the welfare of the laborers and their families

It is a program designed to provide benefits to the employees and their dependants through income for retirement, disability, and other purposes.

A company can transfer an employee to another company due to the restructuring of the organization that may involve a merger, take-over, sale of parts of the company or setting up a subsidiary company.

A measure for a potential buyer (and as the case may be for the seller itself) to get more information about the target company, business or assets, its status, potential contingencies and liabilities, thereby enabling the parties to make informed decisions while negotiating the deal.

The process of identifying and retrieving information necessary to support legal decision-making.

Legal training for all appropriate training impart, which should be made available through professionals. In common practice, an effective lecture is composed of three components, an Introduction, Body and Conclusion, designed to promote and support learning.

Legal translation is a special and specialized area of translational activity. This is due to the fact that legal translation involves law and such translation can and often does produce not just linguistic but also legal impact and consequence because of the special nature of law and legal language.

The deliberate, planned and sustained effort to establish and maintain mutual understanding between on organization and its publics.

According to the new provision in Presidential Decree No. 71 of 2012 on the Implementation of Land Acquisition for the Development of Public Interest, land acquisition should be undertaken by the government in a way of involving all entitled holders (pihak yang berhak) and concerned stakeholders taking into account the interests of the state development and society. Those entitled shall be, among others: a. landholders; b. land concessionaires; c. waqf organizers, in the case of waqf land; d. customary land owners; e. indigenous people; f. parties in possession of the state land in good faith; g. land tenure holders; and/or h. owners of buildings, plants or other objects related to land.

The main regulation governing land in Indonesia is the Basic Agrarian Law (BAL or UUPA), namely Law No. 5 of 1960. The BAL determines the cardinal categories of rights that may be hold by private individuals and entities, and outlines the function of the state with regard to its direct use of land as well as its regulation of private rights and private uses of land

Foreign ownership of houses or apartments falls under the Right of Use category, locally known as Hak Pakai, which is debilitated than the Right of Ownership category (Freehold) or Hak Milik (Ownership Right) which can only be hold by domestic citizen, this provision is in accordance with the prevailing land law and regulations in Indonesia.

By the establishment of Regulation No. 29 of 2016 regarding Procedure for Granting, Releasing, or Transferring Land Rights over Residential Houses to Foreign Nationals in Indonesia, the Indonesian government allows foreigners who work or reside legally in Indonesia to own houses or apartments in the country for a period up to 80 years and the property can be part of a will during the ownership period. Conversely, for other type of properties which can be owned by companies is called as PT (PMA). A PT is an Indonesian “Limited Liability Company”, a PMA is a foreign investment company which can be owned 100% by foreigners. The PMA property license has to be renewed every 20 or 30 years.

Indonesian Bankruptcy Law (Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations) enables a company to undertake a restructuring process rather than to initiate bankruptcy proceedings directly. For instance, the shareholders present at the GMS control at least 51% of the shares, the GMS can approve the transfer of shares, adding or removing shareholders or making changes to corporate governance.

Indonesian Bankruptcy Law assigns the requirements for filing a bankruptcy petition. The mandatory requirement is that there must be two or more creditors and at least one mature but unpaid debt for a bankruptcy action to be initiated against a debtor.

During the liquidation process, the company cannot conduct any legal actions. Thus, the liquidator is the one who manage the liquidation process after the declaration of bankruptcy by the commercial court. In common execution, companies often appoint lawyer to act as liquidator to avoid any conflict of interest, the lawyer in the same time also acts as a legal consultant. It follows that the administrator, together with the directors of the company, manages the suspension of payments process after the granting of suspension of payment by the commercial court.

In restructuring a company, it would involve such M&A process. The essential requirement for M&A is that two companies together are more valuable than two separate companies. The difference is that in a merger there is usually a process of negotiation involved between two companies prior to the combination taking place, where both may consider that a merger would result in greater market share and the product will be available in larger geographical area, while in acquisition the negotiation process does not necessarily take place, however, either all or most of the shares in the acquired company may result in change of control to such company. M&A can involve diverse different transactions, such as mergers, acquisitions, consolidations, tender offers, transfer of shares and management acquisitions.

Under Indonesian Bankruptcy Law scheme, such company which conducts his profession or business within the territory of Republic of Indonesia, even if incorporated elsewhere is permitted to apply the bankruptcy measures in Indonesia. However, it should be noted that Indonesian Bankruptcy Law utilize the principle of territoriality and does not perceive bankruptcy and suspension of payments measures from another jurisdictions. Consequently, liquidation proceeding outside of Indonesia may not prevail the status of assets located in Indonesia.