A Highlight of Key Areas:General Regulatory Framework for Foreign Investments in Indonesia
- Investment Positive List: Lists of business sectors that are open to both foreign investors.
- Forms of investment
- Setting up a Foreign Investment (PMA) Company and overview of Indonesian Company Law
- Minimum investment and capital
- Acquiring shares in an ordinary PT company and converting into a PMA company
- Online Single Submission - Risk Based Approach
Indonesia Employment Regulations
- Types of employment (Permanent and fixed-term and their difference – pros and cons)
- Drafting employment agreements: statutory minimums, practices and policies
- Employees’ statutory minimum rights
- Outsourcing: outsourcing regulations and agreements, practical aspects
Manpower Reporting & Compliance
- Annual Compulsory Manpower Report
- BPJS for Employment
- Company regulation vs. Collective Labour Agreement – highlighted issues to be included in company regulation
Disciplinary Actions, Termination & Labour Disputes
- Warning letters and Suspension
- Requirements for termination
- Termination entitlements
- Types of labour disputes and settlement of industrial disputes Law no. 2 of 2004
- Strategies and best practices in terminating employment: planning, communication, documentation and logistics
Employment of Expatriates in Indonesia
- Application of the Labour Law to expatriates and expatriate’s employment agreement
- Requirements for the employment of expatriates
- Expatriate directors and commissioners
- Termination of expatriates
Ms Rahayu Ningsih Hoed Partner
Makarim & Taira S., Indonesia
Rahayu Ningsih Hoed has been with Makarim & Taira S for more than 30 years rendering her the most senior partner at the firm. She has extensive experience in almost every aspect of legal practice due to her background as journalist and paralegal and is a widely recognized authority on corporate and M&A transactions, project financing, arbitration, and employment. Praise for Rahayu’s advice from clients include: “incredible, extremely well-considered advice”, “ensuring that deals always involve “remarkable levels of risk management”. Her expertise is recognized in several legal directories such as an A-list lawyers by the ABLJ’s Top 100 Lawyers in Indonesia, as an ABLJ’s Top 20 Top Women Lawyers Across Asia 2021, Chambers and Partners as a Key Individual for Dispute Resolutions and Real Estate and Legal 500 as a Leading Individual for Corporate and M&A, Employment, Projects and Energy and Real Estate and recently included her in the Hall of Fame. Asialaw Profiles has also selected her as Elite Practioner, while IFLR1000 has also ranked her Highly Regarded Lawyer.
Ms Norma MutalibPartner
Makarim & Taira S., Indonesia
With over 21 years of experience in Indonesia’s fast-paced legal industry, Norma has broad experience in various areas, particularly market entry, regulatory issues and best practices. Personable and professional, she excels in building loyal relationships, understanding clients' needs and delivering value in solving their legal problems. Norma has extensive expertise in franchising and hotel management arrangements, including in intellectual property, employment, foreign investment and corporate & commercial matters. Norma’s success has earned her numerous accolades. She is listed as a Global Leader in Franchising in the 2022 edition of Who's Who Legal and as a National Leader in Southeast Asia Franchise in 2021-2024. In addition, she was acknowledged as a Recommended Lawyer in Intellectual Property in the Legal 500 Asia-Pacific 2022-2024 and was recognized in Asia IP Experts 2022-2024 in Licensing & Franchising.
Mr Hendrik Alfian PasaribuSenior Associate
Makarim & Taira S., Indonesia
Hendrik is Senior Associate who focuses on employment, land and real estate, litigation, arbitration, & dispute resolution matters. He specializes in termination structures, the resolution of industrial disputes, drafting employment contracts and agreements and advising various regulatory & compliance matters. In addition, for litigation and dispute resolution, he assists clients on civil, arbitration and tax court proceedings. Hendrik graduated with honors (cum laude) from the University of Indonesia in 2013. Hendrik was recognized as a Future Star (Labor and Employment) in 2023 and 2024 by Benchmark Litigation, showcasing his dedication and expertise in the field. He also actively participates in professional activities as writing advisories, participating in speaking engagements, and attending both local and international conferences.
Ms Mira Ayu Lestari Associate
Makarim & Taira S., Indonesia
Mira is an Associate, specializing in Intellectual Property, M&A, Foreign Investment, Corporate & Commercial, Franchising, and Data Protection. She has led various notable corporate transactions such as mergers and acquisitions, foreign investments, restructurings, and extensive intellectual property work, especially trademarks. A few years ago, she added franchising and data protection to her practice areas. Clients have recognized Mira’s strong contributions, praising her ability to manage expectations and deliver results within tight deadlines. In 2024, Mira participated in a nine-month secondment at Bae, Kim & Lee, 6 months in the Jakarta Office, and 3 months in the Seoul office. Mira holds a law degree from Universitas Padjadjaran (cum laude) and has actively contributed to legal publications and spoken at seminars.