LEGAL ALERT. July general. banking

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1 general Government Regulation No. 40 of 2013, dated May 23, 2013, regarding the Implementation of Law No. 35 of 2009 regarding Narcotics. This Regulation provides details on, among other things, the supervision of narcotics and the requirements and procedures for the transportation and destruction of confi scated narcotics. This Regulation came into effect on the date of its enactment, on May 23, Government Regulation No. 42 of 2013, dated May 23, 2013, regarding the Requirements and Procedures for the Provision of Legal Aid and the Distribution of Legal Aid Funding. This Regulation implements the provisions of Article 15, paragraph (5) and Article 18 of Law No. 16 of 2011 regarding Legal Assistance. The provision of legal assistance shall be provided free of charge for matters relating to civil law, criminal law and state administration law, both for litigation as well as non-litigation purposes. This Regulation came into effect on the date of its enactment, on May 23, Minister of Home Affairs Regulation No. 24 of 2013, dated April 3, 2013, regarding the fourth amendment of Minister of Home Affairs Regulation No. 29 of 2012 regarding the Calculation of Tax and Title Transfer Duty on Motor Vehicles. This Regulation amends a number of articles in Minister of Home Affairs Regulation No. 29 of 2012 as last amended by Minister of Home Affairs Regulation No. 75 of This Regulation came into effect on the date of its enactment, on April 3, banking Bank Indonesia Regulation No. 15/3/PBI/2013, dated May 21, 2013, regarding the Financial Transparency of Rural Credit Banks. This Bank Indonesia Regulation was issued in the framework of enhancing the transparency of rural credit banks. It amends Bank Indonesia Regulation No. 8/20/PBI/2006, dated October 5, 2006, regarding the Financial Transparency of Rural Credit Banks, as well as adding additional regulations. The principal changes include a requirement that annual fi nancial statements be prepared in accordance with the Financial Accounting Standards applicable to rural credit banks; the amendment and introduction of additional regulations on annual statements; the amendment and introduction of additional regulations on published fi nancial statements; the addition of regulations 01 on the relationship among Bank Indonesia, rural credit banks and Public Accounting Offi ces; and changes to the sanctions related to the amendment of the principle provisions. This Regulation will come into effect as of the publication of fi nancial statements at the fi nal position of September 2013 and the publication of annual statements at the fi nal position of Bank Indonesia Circular Letter No. 15/20/DKBU, dated May 22, 2013, regarding the Monthly Reports of Rural Credit Banks. This Circular Letter helps implement Bank Indonesia Regulation No. 7/51/PBI/2005 regarding the Monthly Reports of Rural Credit Banks, Bank Indonesia Circular Letter No. 11/37/DKBU/2009, dated December 31, 2009, regarding the Stipulation of Financial Accounting Standards for Rural Credit Banks, and Bank Indonesia Circular Letter No. 12/14/DKBU/2010, dated June 1, 2010, regarding Implementing Guidelines for Rural Credit Bank Accounting. Reporting rural credit banks shall be required to prepare and submit monthly reports to Bank Indonesia as of August 2013 using this Circular Letter as a guideline. This Circular Letter came into effect on May 22, SSEK legal alert 1

2 Bank Indonesia Circular Letter No. 15/21/DPNP, dated June 14, 2013, regarding the Implementation of the Anti-Money Laundering and Prevention of Terrorism Funding Program for Commercial Banks. This Circular Letter helps implement Bank Indonesia Regulation No. 14/27/PBI/2012 regarding the Application of Anti-Money Laundering and Prevention of Anti-Terrorism Funding Programs for Commercial Banks. This Circular Letter regulates the obligation of commercial banks to prevent their organizations from being used for money laundering and terrorism funding, as set forth in the attachment to this Circular Letter. Banks having these guidelines were given until June 28, 2013, to meet the minimum requirements set out in these guidelines. This Circular Letter came into effect on June 14, Bank Indonesia Circular Letter No. 15/22/DPbS, dated June 27, 2013, regarding the Implementing Guidelines for the Duties and Responsibilities of the Shariah Supervisory Boards of Shariah Financing Rural Banks. This Circular Letter updates Bank Indonesia Circular Letter No. 8/19/DPbS, dated August 24, 2006, regarding Guidelines for Shariah Supervision and Procedures for Supervision Result Reporting for Shariah Supervisory Boards, an implementing regulation for Bank Indonesia Regulation No. 11/23/PBI/2009, dated July 1, 2009, regarding Shariah Financing Rural Bank. This Circular Letter came into effect on July 1, customs & excise Minister of Finance Decree No. KMK-1287/KM.4/2013, dated July 1, 2013, regarding the Determination of Export Prices for the Calculation of Export Duty. This Decree implements Article 5, paragraph (1) of Government Regulation No. 55 of 2008 regarding the Imposition of Export Duty on Exported Goods. To help calculate the export duty, this Decree sets forth the export prices of (i) palm oil, crude palm oil and its derivates; (ii) timber and leather; (iii) cocoa beans; and (iv) unprocessed minerals or ore. This Decree came into effect on July 1, 2013, and was valid until July 31, Director General of Customs and Excise Regulation No. PER-12/BC/2013, dated April 11, 2013, regarding Procedures for the Granting of Government-Borne Import Duties for the Importation of Goods and Materials Used for the Production and/or Repair of Vessels for Fiscal Year The Regulation provides that to obtain the Government-borne import duty for the importation of goods and materials used for the production and/or repair of vessels, the relevant company must fi le an application with the Director General of Customs and Excise, attention of the Director of Customs Facilities. This Regulation came into effect on the date of its stipulation, on April 11, 2013, and is valid until December 31, Director General of Customs and Excise Regulation No. PER-13/BC/2013, dated April 11, 2013, regarding Procedures for the Granting of Government-Borne Import Duties for the Importation of Goods and Materials Used for the Production of Electronic Components and/or Products for Fiscal Year This Regulation provides that to obtain the Government-borne import duty for the importation of goods and materials for the production of electronic components or products, the relevant company must fi le an application to the Director General of Customs and Excise, attention of the Director of Customs Facilities. This Regulation came into effect on the date of its stipulation, on April 11, 2013, and is valid until December 31, SSEK legal alert 2

3 Director General of Customs and Excise Regulation No. PER-14/BC/2013, dated April 11, 2013, regarding Procedures for the Granting of Government-Borne Import Duties for the Importation of Goods and Materials Used for the Production of Telecommunication Equipment for Fiscal Year This Regulation came into effect on the date of its stipulation, on April 11, 2013, and is valid until December 31, Director General of Customs and Excise Regulation No. PER-20/BC/2013, dated May 24, 2013, regarding Risk Profi ling in Services at Bonded Stockpiling Site, implements the provisions of Article 58 of Minister of Finance Regulation No. 147/PMK.04/2011 regarding Bonded Zones, as last amended by Minister of Finance Regulation No. 44/PMK.04/2012; Article 35 of Minister of Finance Regulation No. 143/PMK.04/2011 regarding Bonded Warehouses; and Article 38 of Minister of Finance Regulation No. 37/PMK.04/2013 regarding Duty Free Shops. Risk profi ling is used to determine the service level for (a) licensing and (b) operational activities, and/or customs and excise services other than those in points (a) and (b). This Regulation came into effect on May 24, energy & natural resources Minister of Energy and Natural Resources Regulation No. 19 of 2013, dated July 5, 2013, regarding Power Purchases by PT Perusahaan Listrik Negara (Persero) from Waste-Based Power Plants. To help meet national energy needs, increase the use of renewable, more environmentally friendly energies and reduce waste by encouraging the private sector to establish waste-based power plants, PT PLN is obliged to purchase electricity from private waste-based power plants. The Power Purchase Price shall be determined based on agreements to be drawn up between PT PLN and the business entities involved, and the power sale and purchase agreements shall be valid for 20 years. This Regulation revokes the provisions of Article 3, paragraph (3) to paragraph (6) of Minister of Energy and Mineral Resources Regulation No. 4 of 2012, regarding the Price for Electric Power Sourced from Small- and Middle- Scale Renewable Technology or from Other Excess Power. This Regulation came into effect on the date of its enactment, on July 5, Minister of Energy and Natural Resources Decree No K/12/MEM/2013, dated April 18, 2013, regarding the Fuel Oil Benchmark Price for PT Pertamina (Persero) for Fiscal Year This Decree implements the provisions of Article 8 of Presidential Regulation No. 71 of 2005 regarding the Supply and Distribution of Certain Types of Fuel Oil, as amended by Presidential Regulation No. 45 of This Decree came into effect on the date of its stipulation, on April 18, 2013, and is retroactive to January 1, Minister of Energy and Natural Resources Decree No K/80/MEM/2013, dated May 8, 2013, regarding the Amendment of Minister of Energy and Natural Resources Decree No K/80/MEM/2012 on the distribution of revenue for regions that produce oil and gas, geothermal energy, and mining products for This Decree was issued to correct an error in Minister of Energy and Natural Resources Decree No K/80/MEM/2012, which referred to the City of Semarang as the Regency of Semarang. This Decree came into effect on the date of its stipulation, on May 8, SSEK legal alert 3

4 health Minister of Health Regulation No. 40 of 2013, dated May 17, 2013, regarding the Impact of Cigarette Use on the Health Control Road Map. This Regulation was issued to help control the impact of cigarette use, with the intended purpose of protecting the health of individuals, families, communities and the environment from the hazardous and addictive substances in tobacco products. This Regulation came into effect on the date of its stipulation, on May 17, industry Minister of Industry Regulation No. 27/M-IND/PER/5/2013 of 2013, dated May 21, 2013, regarding the Second Amendment to Minister of Industry Regulation No. 11/M-IND/PER/1/2012 regarding the Mandatory Implementation of Indonesian National Standards for Tires. This Regulation stipulates the mandatory Indonesian National Standard (locally known as SNI ) for car and motorcycle tires. This Regulation came into effect on May 21, Minister of Industry Regulation No. 33/M-IND/PER/7/2013, dated July 5, 2013, regarding the Production Development of Four-Wheel Vehicles for Energy Saving and Affordable Prices ( PPKB ). This is a program to develop the production of low-cost green cars by providing luxury tax relief for companies producing such vehicles. It is a two-step process for companies that wish to obtain such relief. First is the stipulation by the Minister as a PPKB participant; second is the determination of the vehicle as a low-cost, energy-saving vehicle by the Minister. This Regulation came into effect on the date of its enactment, on July 5, manpower Minister of Manpower and Transmigration Regulation No. 4 of 2013, dated May 3, 2013, regarding Procedures for the Extension of an Employment Agreement for Individual Users. This Regulation implements Article 63 of Minister of Manpower and Transmigration Regulation No. PER.14/MEN/X/2010 regarding the Implementation of the Placement and Protection of Indonesian Workers Overseas. This Regulation specifi es that a written employment agreement is required for the placement of Indonesian workers overseas. The term for the fi rst employment agreement shall be two years and is extendible for another two years. To extend an employment agreement, individual users and Indonesian workers must agree to an extension no more than three months prior to the expiration of the employment agreement. After this date there can be no automatic extension when the existing employment agreement expires and the relevant Indonesian worker must return to Indonesia before signing another agreement. This Regulation came into effect on May 3, Minister of Manpower and Transmigration Regulation No. 5 of 2013, dated May 20, 2013, regarding the Amendment of Minister of Manpower and Transmigration Regulation No. PER.24/MEN/VI/2006, which provides guidelines for social security regulations for self-employed and informally employed workers. This Regulation SSEK legal alert 4

5 amends the provisions regarding the social security program ( Jamsostek ) for such workers. The amendments include the health services covered by Jamsostek and the maximum amount of health benefi ts. This Regulation came into effect on May 20, Minister of Manpower and Transmigration Regulation No. 6 of 2013, dated June 7, 2013, regarding Procedures for the Establishment of an Overseas Private Placement Representative Offi ce for Indonesian Migrant Workers. This Regulation implements Article 20 of Law No. 39 of 2004 regarding the Placement and Protection of Indonesian Workers Overseas. It regulates the procedures and requirements for establishing an Overseas Representative Offi ce (Perwakilan Pelaksana Penempatan Tenaga Kerja Indonesia Swasta, or Perwalu ) and the requirement that a Perwalu periodically report to the relevant government agency in Indonesia. This Regulation applies to private placement agencies, known as Pelaksana Penempatan Tenaga Kerja Indonesia Swasta, or PPTKIS. A Perwalu may be established by one or several PPTKIS. Prior to establishing a Perwalu, the relevant PPTKIS shall report the planned establishment to the Minister of Manpower and Transmigration. After the plan has been submitted, the Minister will issue a recommendation letter. This Regulation came into effect on June 7, tax Government Regulation No. 41 of 2013, dated May 23, 2013, regarding Taxable Goods Categorized as Luxury Goods in the Form of Motor Vehicles Subject to Sales Tax on Luxury Goods. This regulation divides the tax rate into eight categories according to the type of motor vehicle. There are four categories of vehicle type exempt from luxury sales tax. This Regulation revokes the provisions of Article 2 and Article 3 of Government Regulation No. 145 of 2000 regarding Luxury Goods Subject to Luxury Goods Sales Tax, as last amended by Government Regulation No. 12 of 2006 regarding the Seventh Amendment of Government Regulation No. 145 of This Regulation came into effect on the date of its enactment, on May 23, Government Regulation No. 46 of 2013, dated June 12, 2013, regarding Income from Business Received or Earned by Taxpayers Who Have Certain Gross Turnover. This Regulation sets forth the criteria for taxpayers with certain gross turnover as (i) individual taxpayers or corporate taxpayers excluding permanent establishments; and (ii) receive income from business, excluding income from services relating to independent work, with a gross distribution not exceeding Rp 4,800,000,000 (four billion eight hundred million rupiah) in one tax year. The tax tariff imposed is 1% based on the amount of gross turnover each month. This Regulation came into effect on July 1, Government Regulation No. 47 of 2013, dated June 17, 2013, regarding the Granting of Exemptions on Value Added Tax or Value Added Tax and Sales Tax on Luxury Goods to Foreign Country Representatives and International Agencies and their Offi cials. The granting of such tax exemptions is pursuant to the mutual recognition principle, and the application of such principle shall be stipulated by the Minister of Foreign Affairs. Such tax exemptions can only be granted by the Minister of Finance pursuant to a recommendation from the Minister of Foreign Affairs. This Regulation came into effect on the date of its enactment, on June 17, SSEK legal alert 5

6 Minister of Finance Decree No. 27/KM.11/2013, dated June 4, 2013, stipulates the exchange rate as the basis income tax, which is applicable for the period of June 5, 2013, to June 11, Minister of Finance Decree No. 28/KM.11/2013, dated June 4, 2013, stipulates the exchange rate as the basis income tax, which is applicable for the period of June 12, 2013, to June 18, Minister of Finance Decree No. 29/KM.11/2013, dated June 18, 2013, stipulates the exchange rate as the basis income tax, which is applicable for the period of June 19, 2013, to June 25, Minister of Finance Decree No. 30/KM.11/2013, dated June 25, 2013, stipulates the exchange rate as the basis income tax, which is applicable for the period of June 26, 2013, to July 2, Director General of Taxation Regulation No. PER-14/PJ/2013, dated April 18, 2013, revises the Article 21/26 monthly tax return forms. This Regulation was issued to better facilitate, provide legal certainty and enhance services for the withholding parties of Income Tax Article 21 and/or Article 26. The Regulation provides the procedures for the electronic fi ling of tax returns or tax return extensions, and also regulates the Income Tax Article 21 and/or Article 26 withholding form. This Regulation shall come into effect on January 1, Director General of Treasury Regulation No. PER-17/PB/2013, dated May 6, 2013, regarding Further Provisions on the Payment on Non-Taxable State Revenue at the Expense of State Budget Revenues and Expenditures. This Regulation implements the provisions of Articles 66, 67, 68 and 79 of Minister of Finance Regulation No. 190/PMK.05/2012 regarding Payment Procedures in the Framework of State Revenues and Expenditures in the Budget Implementation. It further regulates the technical provisions for the payment of state invoices originating from non-tax state revenues. This Regulation came into effect on the date of its stipulation, on May 6, trade Minister of Trade Regulation No. 17/M-DAG/PER/4/2013, dated April 24, 2013, regarding the Stipulation of the Benchmark Price on Exported Agricultural and Forestry Products Subject to Export Duty. This Regulation implements the provisions of Article 2, paragraph (2) of Minister of Trade Regulation No. 36/M-DAG/PER/5/2012 regarding Procedures for the Stipulation of the Export Price Benchmark for Agricultural and Forestry Products Subject to Export Duty. The Regulation stipulates that the export price benchmark is set at the international average price or average Free on Board ( FOB ) price in the last month prior to the export price benchmark stipulation. This SSEK legal alert 6

7 Regulation revokes Minister of Trade Regulation No. 12/M-DAG/PER/3/2013 regarding the Stipulation of the Export Price Benchmark on Agricultural and Forestry Products Subject to Export Duty, including its attachments. This Regulation came into effect on May 1, Minister of Trade Regulation No. 28/M-DAG/PER/6/2013, dated June 24, 2013, regarding Types of Export and Import Licenses, Standard Operating Procedures and Provision of Services by Electronic Means through INATRADE in the Indonesian National Single Window Framework. This Regulation implements the provisions of Article 2, paragraph (3) and Article 8, paragraph (3) of Minister of Trade Regulation No. 28/M-DAG/PER/6/2009 regarding the Provision of Export and Import Licensing Services by Electronic Means through INATRADE in the Indonesian National Single Window Framework, which provide the types of export and import licensing service arrangements. This Regulation revokes Minister of Trade Regulation No. 40/M-DAG/PER/10/2010 regarding Export and Import Licensing, Standard Operating Procedures and Service of Electronic Means through INATRADE in the Indonesian National Single Window Framework. This Regulation came into effect on June 24, transportation Government Regulation No. 43 of 2013, dated May 27, 2013, regarding the Second Amendment of Government Regulation No. 15 of 2005 regarding Toll Roads. This Regulation amends a number of articles concerning the requirements for toll road operators and the procurement of construction services. This Regulation came into effect on the date of its enactment, on May 29, Minister of Transportation Regulation No. PM.62 of 2013, dated June 19, 2013, regarding Guidelines for the Calculation of the Cost of Utilization of State-Owned Train System Infrastructure. This Regulation implements the provisions of Article 12, paragraph (2) of Presidential Regulation No. 53 of 2012 regarding Public Service Obligations and Subsidies for Railroad Transportation, State-Owned Train System Infrastructure Cost of Utilization, and the Maintenance and Operation of State-Owned Train System Infrastructure, namely the payment obligations to a business entity organizing train system infrastructure. This Regulation came into effect on the date of its enactment, on June 20, SSEK legal alert 7