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Indonesia – Latest Corporate/M&A Legal Development Alert.

29 July, 2013

 

Law No. 10 of 2013, dated May 8, 2013, regarding Ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The issuance of this Law constitutes the first step toward Indonesia’s membership as a party to the Rotterdam Convention. The measures in the Rotterdam Convention are intended to enhance joint responsibility and cooperation among the parties concerned in the international trade of certain hazardous chemicals and certain hazardous pesticides through an exchange of information on exports and imports. The registration system for the importation of certain hazardous chemicals and certain hazardous pesticides has been implemented through the Indonesia National Single Window online system at the Ministry of Environmental Affairs.  This Law came into effect on the date of its enactment, on May 8, 2013.

 

Law No. 11 of 2013, dated May 8, 2013, regarding Ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity. The measures in the Nagoya Protocol have the purpose and objective to provide facilities for the access and distribution of profits related to the utilization of genetics resources, and to prevent the illegal use of genetic resources and genetics resources piracy (biopiracy). This Law came into effect on the date of its enactment, on May 8, 2013.

 

Government Regulation No. 32 of 2013, dated May 7, 2013, regarding the Amendment of Government Regulation No. 19 of 2005 regarding National Standards for Education. This Amendment sets forth, inter alia, articles that are connected to school curriculums and key areas of learning (such as graduation competence standards, standard of content, and assessment standards). This Government Regulation came into effect on the date of its enactment, on May 7, 2013.

 

Presidential Regulation No. 15 of 2013, dated March 1, 2013, regarding Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Hungary on Economic Cooperation. This Agreement shall be valid for five years and will automatically be extended for the next five years. This Presidential Regulation came into effect on the date of its enactment, on March 1, 2013.

 

Presidential Instruction No. 5 of 2013, dated May 8, 2013, regarding Socialization of the Oil Fuel Subsidy Adjustment Policy. This Presidential Instruction requires various governmental officials to assist the government in educating the public, the academic community, the press, and oil fuel users about the planned oil fuel subsidy adjustment and its implementation. This Presidential Instruction came into effect on the date of its issuance, on May 8, 2013.

 

Business Competition Supervisory Commission Regulation No. 2 of 2013, dated April 5, 2013, regarding the Third Amendment to Regulation of the Business Competition Supervisory Commission No. 13 of 2010 regarding Implementing Guidelines on the Merger or Consolidation of Business Entities and the Acquisition of Company Shares Resulting in Monopolistic and Unfair Business Competition Practices. This Regulation amends Attachment to Regulation of the Business Competition Supervisory Commission No. 3 of 2012 regarding the Second Amendment to Regulation of the Business Competition Supervisory Commission No. 13 of 2010. This Regulation came into effect on the date of its stipulation, on April 5, 2013. 

 

Information Commission Regulation No. 1 of 2013, dated March 28, 2013, regarding Settlement Procedures for Public Information Disputes. This Regulation was issued to implement the provisions of Article 1, point 4, Article 23, Article 26, paragraph (1), point a, Article 26, paragraph (2), point a and b, and Article 26, paragraph (3) of Law No. 14 of 2008 regarding Public Information Transparency, namely regarding the functions and duties of the Information Commission. This Regulation revokes Information Commission Regulation No. 2 of 2010 regarding Settlement Procedures for Public Information Disputes. This regulation came into effect on the date of its enactment, on April 29, 2013.

 

Supreme Court Regulation No. 1 of 2013, dated May 14, 2013, regarding Settlement Procedures for the Application of Property Handling in Money Laundering or other Criminal Acts. This Regulation applies to applications for the handling of property filed by investigators in the event that the alleged criminal actor is not found as intended in Law No. 8 of 2010 regarding the Prevention and Eradication of Criminal Acts of Money Laundering. The provisions in the Criminal Procedural Law shall remain in force insofar as they are not regulated in this Regulation. This Regulation came into effect on the date of its enactment, on May 17, 2013.

 

 

Minister of Agriculture Regulation No. 47/PERMENTAN/OT.140/4/2013 of 2013dated April 19, 2013, regarding Import Recommendation for Horticulture Products (known as Rekomendasi Impor Produk Hortikultura or “RIPH”). This Regulation is intended as a legal basis for the issuance of RIPH, which is one of the requirements for the issuance of import approval. This Regulation was issued with the intended purpose of enhancing the effectiveness and efficiency of the management of imported horticulture products, and providing certainty in the RIPH issuance process. It shall not apply to horticulture products carried by border crossers or passenger of airplanes or ships that are intended for personal consumption and which do not exceed 10 kilograms per person. This Regulation revokes Minister of Agriculture Regulation No. 60/Permentan/OT.140/9/2012 regarding Import Recommendation for Horticulture Products. This Regulation came into effect on the date of its enactment, on April 25, 2013.

 

SSEK

 

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