LEGAL ALERT. July general. banking. construction

Transcription

1 general Presidential Regulation No. 56 of 2012, dated May 24, 2012, ratifies the Agreement between the Government of the Republic of Indonesia and the Council of Ministers of Bosnia and Herzegovina on Visa Exemptions for Diplomatic and Service Passports. Presidential Regulation No. 57 of 2012, dated May 24, 2012, ratifies the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Belarus on Visa Exemptions for Holders of Diplomatic or Official/Service Passports. Presidential Regulation No. 58 of 2012, dated May 24, 2012, ratifies the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Suriname on Visa Exemptions for Holders of Diplomatic and Service Passports. banking Bank Indonesia Regulation No. 14/7/PBI/2012 dated June 27, 2012 regarding the management of the Rupiah implements Chapter IV of Law No. 7/ 2011 regarding currency. The regulation covers only physical currency (coins and banknotes), not electronic funds, and, among other things, entitles individual holders of currency to exchange damaged or dirty coins and banknotes. Bank Indonesia Regulation No. 14/8/PBI/2012, dated July 13, 2012, provides limitations on the ownership structure in banks pursuant to categories of shareholders and the relationship between the shareholders. It also contains requirements for foreign controlling shareholders. The limitations on shareholding do not apply to ownership by the Central Government or state agencies involved in managing and/or rescuing banks. The regulation came into force on the date of its issuance. 01 Bank Indonesia Regulation No. 14/9/PBI/2012, dated July 26, 2012, sets forth requirements for fit and proper tests for rural banks (Bank Perkreditan Rakyat). It revokes Bank Indonesia Regulation No. 6/23/PBI/2004 and will come into force on December 28, construction Minister of Public Housing Regulation No. 10 of 2012, dated May 30, 2012, regarding the establishment of housing and settlement areas, implements Articles 35 and 37 of Law No. 1 of 2011 on housing and settlement areas. The regulation requires developers to develop harmonized settlements, defined here as comprising single and row houses (modest houses, middle-class housing, and luxury homes), or a combination of houses erected between public and commercial multi-dwelling units. The main idea of the regulation is to encourage SSEK legal alert 01

2 harmony between people of different social and economic levels, while on the practical level creating crosssubsidies for the procurement of public infrastructure. The regulation came into force on June 7, 2012, and applies to developers building 50 houses or more as part of the same project. costumes and excise Minister of Finance Regulation PMK-117/PMK.011/2012, dated July 10, 2012, regarding the stipulation of import duties in relation to the ASEAN-China Free Trade Area (ACFTA). Regulation implements Article 13, Paragraph 3, of Law No. 10 of 1995 regarding customs, as amended by Law No. 17 of 2006 on the imposition of import duties. Minister of Finance Regulation PMK-118/PMK.011/2012, dated July 10, 2012, concerning the stipulation of import duties in relation to the ASEAN-Korea Free Trade Area (AKFTA). Regulation implements Article 13, Paragraph 3, of Law No. 10 of 1995 regarding customs, as amended by Law No. 17 of 2006 on the imposition of import duties. energy and mineral resources Government Regulation No. 62 of 2012, dated July 6, 2012, stipulates, among other things, the types of businesses in the electricity support services industry; the qualifications, classifications, and certifications of the businesses; and the licensing requirements. Licenses and certificates issued prior to the issuance of this regulation will remain valid until they expiry. Licenses and certificates that have not been issued but are still in the application process must comply with this regulation. The regulation revokes Government Regulation No. 25 of finance Minister of Finance Regulation No. 121/PMK.010/2012, dated July 17, 2012, regarding limitations on the obligations of financing companies in the field of electricity. The regulation supports the continued development of the Tanjung Jati B steam power plant. forestry Government Regulation No. 60 of 2012, dated July 6, 2012, amends Government Regulation No. 10 of 2010 regarding changes to forest allocations and function. The regulation specifically targets plantation companies operating within forest areas designated as timber production forests. The amendment simplifies the requirements for land exchange, and requires plantation business permit holders operating in production SSEK legal alert 02

3 forests that can be converted to comply with the Minister of Forestry for the relinquishment of the designated forest area. It also requires plantation companies operating within permanent or limited production forests to apply to the Minister of Forestry for a forest area exchange. The regulation has been in force since July 6, 2012, and plantation companies have until January 6, 2012, to relinquish or exchange forest areas. Government Regulation No. 61 of 2012, dated July 6, 2012, amends Government Regulation No. 24 of 2010 regarding the utilization of forest areas. Regulation amends articles on the construction/development of forest areas for purposes other than forestry, and principal approval process for forest utilization. Minister of Forestry Regulation No. P.29/Menhut-II/2012, dated July 12, 2012, is the second amendment of Minister of Forestry Regulation No. P.20/Menhut-II/2005 regarding operational cooperation (Kerjasama Operasi/KSO) on business licenses for the utilization of timber yields from plantation forests. Article 5 on the scope of KSOs, capital and gurantees, and the calculation of KSOs is amended. With the enforcement of this regulation, Minister of Forestry Regulation No. P.37/Menhut-II/2008 regarding the amendment of Minister of Forestry Regulation No. P.20/Menhut-II/2005 is revoked. industry Minister of Industry Regulation No. 71/M-IND/PER/7/2012, dated July 30, 2012, regarding the control and supervision of the alcoholic beverages industry. The regulation determines the classification of alcoholic beverages, industry licensing, production, reporting, supervision, and sanctions. Every company in the alcoholic beverages industry must obtain a business license called an IUI, which will be issued by the Capital Investment Coordinating Board ( BKPM ) on the reccommendation of the relevant Director General. The regulation also prohibits the industry from certain production activities and limits the production of traditional alcoholic drinks to 25 liters per day. investment The Head of Capital Investment Coordinating Board Regulation No. 1/2012, dated May 9, 2012, regarding the delegation of authority to issue capital investment registration and principal license to the Sabang Council (Dewan Kawasan Sabang, or DKS ). The regulation effectively delegates the authority of the Capital Investment Coordinating Board ( BKPM ) to issue capital investment registrations and principal licenses, amendments, expansions, cancellations and revocations thereof in Sabang to the DKS. Regulation has been in force since May 10, SSEK legal alert 03

4 manpower and transmigration Minister of Manpower and Transmigration Decree No. 462 of 2012, dated June 29, 2012, sets forth the positions that may be filled by expatriates in the education sector. Positions may be held for no longer than 5 years, save for the positions of director and commissioner as the capital owner. Relevant parties may seek recommendations from the Minister in connection with positions not mentioned in the regulation. state-owned enterprises Minister of State-Owned Enterprises Regulation No. Per-09/MBU/2012, dated July 6, 2012, amending Minister of State-Owned Enterprises Regulation No. Per-01/MBU/2011 regarding the implementation of good corporate governance in state-owned enterprises. The regulation provides guidelines on what is acceptable under Article 12, Paragraph 10, of Minister of State-Owned Enterprises Regulation No. Per-01/MBU/2011, which regulates that former directors of State-Owned Enterprises must wait at least a year before joining the Board of Commissioners/Supervisory Board of the relevant State-Owned Enterprise. Minister of State-Owned Enterprises Regulation No. Per-10/MBU/2012, dated July 6, 2012, regarding supporting bodies for the Board of Commissioners/Supervisory Board of State-Owned Enterprises, implements Article 70 of Law No. 19 of 2003 regarding audit committes for state-owned enterprises. tax Minister of Finance Regulation No. 122/PMK.03/2012, dated July 17, 2012, stipulates the criteria for parking services included in the types of services that are exempt from value-added tax. The regulation adjusts Government Regulation No. 1 of 2012 regarding the implementation of Law No. 8 of 1983 on value-added taxes for goods and services and sales taxes for luxury goods, as amended. Minister of Finance Decision No. 787/KM.1/2012, dated July 9, 2012, stipulates the exchange rate as the goods, export taxes and income taxes for the period of July 9, 2012, to July 15, Minister of Finance Decision No. 790/KM.1/2012, dated July 16, 2012, stipulates the exchange rate as the goods, export taxes and income taxes for the period of July 16, 2012, to July 22, SSEK legal alert 04

5 Minister of Finance Decision No. 06/KM.11/2012, dated July 20, 2012, stipulates the exchange rate as the goods, export taxes and income taxes for the period of July 23, 2012, to July 29, Minister of Finance Decision No. 07/KM.11/2012, dated July 27, 2012, stipulates the exchange rate as the goods, export taxes and income taxes for the period of July 30, 2012, to August 5, Director General of Taxation Regulation No. PER-16/PJ/2012, dated July 2, 2012, concerning the submission of annual income tax statements in electronic form for 2011 for corporate taxpayers. The regulation is issued to provide legal certainty for corporate taxpayers. Director General of Taxation Regulation No. PER-34/PJ/2012, dated July 2, 2012, regarding annual income tax statement letters for individual and corporate taxpayers, as well as filing guidance, revises Attachments VI and VII of Director General of Taxation Regulation No. PER-34/PJ/2010. Director General of Taxation Decision No. KEP-233/PJ/2012, dated July 10, 2012, regarding business field classification for taxpayers implements Statistics Agency Regulation No. 57 of 2009 regarding Indonesian business fields classification. trade Minister of Trade Regulation No. 33/M-DAG/PER/5/2012, dated May 28, 2012, regarding the determination of standard export prices for mining products that must pay an export duty. The standard export price ( HPE ) is periodically determined by the Minister of Trade in coordination with related ministers, heads of non-ministry government institutions and heads of technical government boards. Minister of Trade Regulation No. 36/M-DAG/PER/5/2012, dated May 30, 2012, regarding procedures for determining benchmark export prices on farm and forestry products. Minister of Trade Regulation No. 44/M-DAG/PER/7/2012, dated July 18, 2012, regarding goods prohibited for export based on threats to national security or the public interest; the protection of intellectual rights and property; the protection of human life and health; the threat of environmental damage; and international treaties or agreements signed and ratified by the Government. Attachments I-VII of the regulation provide a list of goods prohibited for export. By the enforcement of this regulation, Minister of Trade Regulation No. 02/M-DAG/ PER/1/2007 regarding an export ban on sand, soil, and top soil is revoked. SSEK legal alert 05

6 Minister of Trade Regulation No. 46/M-DAG/PER/7/2012, dated July 18, 2012, regarding limitations on the export of silver and gold. The t ypes of silver and gold included in the regulation can only be exported by those that have obtained an export approval letter ( SPE ) for gold and silver. The regulation provides a list of documents that must be submitted to obtain an SPE for gold and silver, and procedures to extend the validity of or change an SPE. There is a reporting obligation for exporters that have obtained an SPE for silver and gold. The regulation is effective as of July 19, The Chairman of the Futures Exchange Supervisory Body (Badan Pengawas Perdagangan Berjangka Komoditi) Regulation No. 95/BAPPEPBTI/PER/06/2012, dated June 21, 2012, regarding an Alternative Trading System implements Law No. 10/2011 on the amendment to Law No. 32/1997 regarding the Futures Exchange. The Alternative Trading System is an exchange system for the trading of derivative contracts other than futures contracts and Shariah derivative contracts, conducted outside the Futures Exchange. SSEK legal alert 06