The law on marks is Law Number 15 of 2001 covering marks for goods and services. This Marks Law adopts a first-to-file principle in which the State grants the right of mark to a person who has registered his or her mark at DGIPR. A mark cannot be registered for some following reasons: ·The applicant… Read More
INTE LLECTUAL PROPERTY RIGHTS (“IPRs”)
Indonesia is a party to various conventions relating to IPRs such as the Berne Convention, Paris Convention, Convention Establishing the World Intellectual Property Organization, WIPO Copyrights Treaty, International Convention for the Protection of New Plant Varieties, Patent Cooperation Treaty, and World Trade Organization (“WTO”) Agreement including the Agreement on Trade-related Aspects of Intellectual Property Rights… Read More
REAL PROPERTY
Relevant Land Rights The Indonesian land law is governed by the provisions of the Basic Agrarian Law (Law Number 5 of 1960) and numerous implementing regulations. An important element of the replacement of the colonial period land laws by national legislation is the registration of land envisaged under the Basic Agrarian Law. In practical terms,… Read More
Visas
A Visa of the Republic of Indonesia may be issued in the form of an official stamp, a sheet of paper inserted into or attached to a passport, an ordinary card, or an electronic card. The type of visa issued shall be based on the visa application. A visa application should be submitted to an… Read More
Expatriate Employees
Indonesian companies, whether national companies of foreign investment companies are permitted to employ expatriate employees as a Director, Commissioner or certain other position in the company that open for expatriate employee. A company who would like to employ expatriate employee must provide necessary education and training programs for Indonesian employees who are expected to replace… Read More
EMPLOYMENT
The development of Indonesian employment regulations is progressive and further changes are expected in the coming years. Due to the active involvement of various NGOs, the awareness of Indonesian laborers has also increased during the last 10 years. Principally, labor matters in Indonesia are regulated in the following laws: · Law Number 13 of 2003… Read More
EXCHANGE CONTROL
Although there are no strict foreign exchange controls currently in place in Indonesia, the Indonesian government has issued several regulations on the monitoring of foreign exchange traffic and places certain restrictions on the holding of Rupiah by nonresidents. This monitoring measure mainly comes in the form of reports on the foreign exchange flow in and… Read More
REPRESENTATION IN INDONESIA
As part of the growth in global economic activity, a great number of companies have expanded their business operations to include operations and offices in foreign countries. For the purpose of maintaining close supervision of the management of foreign business activities, many companies open a representative office in other countries even if they do not… Read More
LEGAL SYSTEM
The history of Indonesian legal system is closely related to the Dutch legal system. During the colonial period, the Netherlands-Indies Government implemented the concordantie principle in the legal sector throughout the territory of Indonesia. On the basis of this principle, virtually every law that was passed by the Netherlands parliament would take effect in the… Read More
DIRECT FOREIGN INVESTMENT
Direct foreign investment in Indonesia is governed by Law Number 1 of 1967 on Foreign Investment as amended by Law Number 11 of 1970 (“Foreign Investment Law”). Under these laws, the Indonesian government requires foreign investors who want to operate in Indonesia to form a limited liability company, which is commonly referred to as foreign… Read More
INDONESIAN TAX 