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Despite the slowing economy, M&A activity picked up generally towards the end of 2021, although not specifically involving public companies. This legal update provides an overview of laws on public mergers and acquisitions in Indonesia, covering the primary means of obtaining control of a public company.

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The MOT has revoked the requirement for importers to obtain a Special Importer Identification Number for the import of certain products such as textiles, shoes and electronics. The provisions on Importer Identification Number are now regulated under MOT Regulation No. 70/2021, which became effective on 1st January 2021.

Limited liability companies in Indonesia (this hyperlink) must hold an annual general meeting of shareholders (AGMS) at least six months after the end of their financial year. The AGMS must discuss and approve the annual report submitted by the Board of Directors, which must consist of a financial report among other details.

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The regulation of airports is under the jurisdiction of the Ministry of Transportation (MOT). The most recent basic regulation on airport business activities is MOT Regulation No. 69 of 2021.

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The Indonesian Government has released the long-awaited New Negative Investment List, issued under Presidential Regulation No. 39 of 2021. Among the major changes from previous regulations is an increase in maximum foreign ownership levels in several key industries, including the health sector.

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The management of personal data under Indonesian law is largely consent-based. This consent must be given in writing by the owners of the personal data, either manually or electronically, after the owners are given a full explanation of any actions that will be taken in regards to their personal data.

The Indonesian House of Representatives (DPR) recently passed the Omnibus Bill on Job Creation (the “Omnibus Bill”). The stated aim of the Omnibus Bill is to bolster investment and create jobs by streamlining regulations and simplifying the licensing process to improve the ease of doing business in Indonesia.

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Defamation under Indonesian law involves the issuance of a defamatory statement that causes a person to suffer harm. Chapter XVI of the Indonesian Criminal Code governs both slander and libel in providing details on six different types of defamation, as is explained in this legal update.

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As part of the second economic stimulus package introduced by the government last September aimed at boosting the country's economy, the government issued Government Regulation No. 85 of 2021 which amends Government Regulation No. 32 of 2009 on Bonded Storage Places ("Regulation 85"). Regulation 85 introduces the concept of Bonded Logistics Centres as one type of Bonded Storage Places in Indonesia.

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The President of Indonesia issued Presidential Regulation No. 13/2021 which aims to prevent and eradicate money laundering and terrorism financing crimes. This requires limited liability companies to reveal their beneficial owners.

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As a matter of international law, international treaties and other multinational agreements are binding upon the state upon ratification. Ratification of such international instruments is normally done by way of a presidential regulation, which will be further implemented by a ministerial regulation.

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The Government of Indonesia recently passed a new Stamp Duty Law (Law No. 10 of 2021 on Stamp Duty), which came into effect on January 1, 2021. The new Stamp Duty Law revokes Law No. 13 of 1985 on Stamp Duty (“Law 13/1985”).

The recovery in the country’s PMI has also been slower than in neighboring countries that have recorded an expansion in recent months. Malaysia booked 50 in its July’s PMI and 51/0 in June.

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This new Patent Law will replace Law No. 14 of 2001 on Patents, and may come into effect at the end of August 2021. The new Patent Law will provide patent holders with some solutions to the shortcomings of the current patent framework and registration procedures.

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