Latest Legal Developments In Indonesia.

GENERAL

Presidential Regulation (“PR”) No. 76 of 2019 dated November 13, 2019, regarding Ratification of the Agreement Between the Republic of Indonesia and the Republic of Tajikistan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Income Tax. This Regulation came into effect on the date of its enactment.

PR No. 77 of 2019 dated November 13, 2019, regarding Ratification of Multilateral Convention to Implement Tax Treaty- Related Measures to Prevent Base Erosion and Profit Shifting. This Regulation came into effect on the date of its enactment.

Government Regulation (“GR”) No. 88 of 2019 dated December 26, 2019, regarding Occupational Health. This Regulation contains provisions on illness prevention, health improvement and disease management. It came into effect on the date of its enactment.

GR No. 90 of 2019 dated December 31, 2019, regarding Procedures for the Application, Examination and Settlement of Appeals at the Trademark Appeals Commission. This Regulation sets out procedure for the Trademark Appeals Commission. It implements Articles 32 and 34 of Law No. 20 of 2016 regarding Trademarks and Geographic Indicators. This Regulation came into effect on the date of its enactment.

GR No. 89 of 2019 dated December 31, 2019, regarding Amendment of GR No. 59 of 2001 regarding Non-Governmental Consumer Protection Institution. This Regulation amends GR No. 59 of 2001 so that non-governmental consumer protection bodies must now register and report their function to the relevant regional governments. It came into effect on the date of its enactment.

GR No. 5 of 2020 dated January 20, 2020, regarding Trade Information System. The trade information system collects, manages, delivers, processes and disseminates integrated trade data and/or information to support trade policy. It provides updated and accurate trade data and/or information, and quick data and/or information on trade policy and management, with the aim of improving quality of service by the central and regional governments in the trade sector. This Regulation came into effect on the date of enactment.

GR No. 3 of 2020 dated January 20, 2020, regarding the Amendment of GR No. 14 of 2018 regarding Foreign Ownership of Insurance Companies. This Regulation introduces a new threshold for foreign ownership of conventional/sharia insurance/reinsurance companies, as well as insurance/reinsurance broker companies and insurance loss- appraisal companies, and sharia insurance/reinsurance companies resulting from spin- offs. This Regulation came into force on the date of its enactment.

GR No. 1 of 2020 dated January 8, 2020, regarding the Organization of Special Economic Zones. This Regulation addresses several matters, including the proposal of special economic zones (“SEZs”) by the Special Economic Zone Board, zoning regulations for SEZs, requirements for the incorporation of SEZs, the construction and operation of SEZs, and the management of SEZs. It came into effect on the date of its enactment.

GR No. 6 of 2020 dated January 27, 2020, regarding Construction and Installations at Sea. This Regulation includes provisions on the function, type, requirements, placement, demolition, monitoring and evaluation of construction and installations at sea. It came into force on the date of its enactment.

BANKING

Bank Indonesia (“BI”) Regulation No. 21/12/PBI/2019 dated November 26, 2019, regarding the Amendment of BI Regulation No. 20/4/PBI/2018 regarding the Macroprudential Intermediate Ratio (“MIR”) and Macroprudential Liquidity Buffer for Commercial Banks, Sharia Banks, and Sharia Business Units. This Regulation provides an additional loan component accepted by conventional banks as a source of funding component in the calculation of MIR. It also adds a funding component that is accepted by sharia banks and sharia business units as a source of funding component in calculating MIR Sharia. This Regulation came into force on the date of its issuance.

BI Regulation No. 21/14/PBI/2019 dated November 29, 2019, regarding Foreign Exchange Export Proceeds and Foreign Exchange Import Payments. Foreign exchange export proceeds shall be accepted by banks only until the end of the third month after the Export Customs Notice, and Foreign Exchange Export Results shall be reported no later than the third month from the Import Customs Notice. This Regulation came into force on the date of its issuance.

BI Board of Governors Regulation No. 21/22/PADG/2019 dated November 28, 2019, regarding MIR and Macroprudential Liquidity Buffer for Conventional Banks, Sharia Banks, and Sharia Business Units. This Regulation provides technical details for calculating MIR/MIR Sharia and Macroprudential Liquidity Buffer/Macroprudential Liquidity Buffer Sharia. It came into force on December 2, 2019.

BI Regulation No. 21/15/PBI/2019 dated December 11, 2019, regarding the Monitoring of Foreign Exchange Traffic and Customers. Banks must report their foreign exchange traffic to BI every month. Failure to submit a report on time is subject to an administrative sanction in the amount of IDR 1 million per day late, and failure to submit a report at all will be subject to an administrative sanction in the amount of IDR 50 million. This Regulation came into force on January 2, 2020.

BI Board of Governors Regulation No. 21/23/PADG/2019 dated December 6, 2019, regarding Integrated Reports of Commercial Banks. This Regulation provides technical details related to the reporting obligations of commercial banks to BI, and requires banks to appoint a person in charge of the reporting. This Regulation came into force on the date of its enactment.

BI Board of Governors Regulation No. 21/24/PADG/2019 dated December 17, 2019, regarding the Fourth Amendment of BI Board of Governors Regulation No. 20/6/PADG/2018 regarding Open Market Operations. This Regulation amends the auction mechanism for open market operations related to foreign exchange for domestic non-deliverable transactions. It also amends mechanisms for the submission of auction bids for term deposit transaction and swap transaction open market operations. This Regulation came into force on the date of its enactment.

BI Board of Governors Regulation No. 21/25/PADG/2019 dated December 17, 2019, regarding Loan-to-Value (“LTV”) Ratio for Property Credit, Financing-to-Value (“FTV”) Ratio for Property Funding, and Down Payments for Motorbike Funding. This Regulation provides additional details on, among other things, (i) adjusting the LTV/FTV ratio and down payment; (ii) setting the LTV/FTV ratio for environmentally friendly property and the down payment for environmentally friendly motorized vehicles; and (iii) adjusting the non-performing loan/non-performing fund requirements for both credit/property financing and credit/motor vehicle financing. This Regulation came into force on the date it was enacted.

BI Board of Governors Regulation No. 21/26/PADG/2019 dated December 23, 2019, regarding Foreign Exchange Export and Foreign Exchange Import Payment. This Regulation governs the acceptance of foreign exchange payments by exporters and the reporting of foreign exchange import payments by importers. It came into force on the date it was enacted.

BI Board of Governors Regulation No. 21/27/PADG/2019 dated December 26, 2019, regarding the Third Amendment of BI Board of Governors Regulation No. 21/10/PADG/2019 regarding Statutory Minimum Giro in Rupiah and Foreign Currencies for Conventional Commercial Banks, Sharia Commercial Banks, and Sharia Business Units. This Regulation amends the statutory minimum giro for commercial banks and sharia business units. It came into force on January 2, 2020.

BI Regulation No. 21/16/PBI/2019 dated December 30, 2019, regarding Competence Standardization in Payment System and Rupiah Money Management. This Regulation provides that the referred to competence standardization will be implemented by the Indonesian national work competency standards body (SKKNI). It came into force on December 31, 2019.

Financial Services Authority (“OJK”) Regulation No. 27/POJK.04/2019 dated November 7, 2019, regarding Approval of Commercial Banks as Custodians. This Regulation provides that an application to approve a commercial bank must be accompanied by certain documents and supporting information. This Regulation came into force on December 5, 2019.

OJK Circular Letter No. 23/SEOJK.05/2019 dated November 11, 2019, regarding Business Plan for Financing Companies and Sharia Financing Companies. This Circular Letter stipulates the information that must at a minimum be included in the business plans of financing and sharia financing companies, the format for such business plans and report submission procedures. It came into force on the date of its enactment.

OJK Circular Letter No. 24/SEOJK.03/2019 dated November 13, 2019, regarding the Amendment of OJK Circular Letter No. 8/SEOJK.03/2016 regarding Minimum Capital Obligation and Fulfillment of Minimum Core Capital for Rural Banks. This Circular Letter adjusts how minimum core capital and total risk weighted assets are calculated, and provides additional credit quality classifications for calculating total risk weighted assets. It revokes BI Circular Letter No. 8/28/DPBR regarding the Fulfillment of Minimum Capital for Rural Banks dated December 31, 2019. This Circular Letter came into force on the date of its enactment.

OJK Regulation No. 29/POJK.03/2019 dated November 29, 2019, regarding the Quality of Productive Assets and the Establishment of Productive Earning Asset Reserves by Sharia Rural Banks. Rural sharia banks shall implement written funding policies and procedures regarding the above subject This Regulation came into force on December 1, 2019.

OJK Regulation No. 30/POJK.04/2019 dated November 29, 2019, regarding the Issuance of Debt Security and/or Sukuk without a Public Offering. This Regulation governs the criteria, parties eligible to issue and purchase, and the obligations related to the issuance of debt security and/or sukuk without a public offering. It comes into force on June 1, 2020.

OJK Regulation No. 31/POJK.03/2019 dated December 3, 2019, regarding the Fulfillment of Leverage Ratio by Commercial Banks. This Regulation governs the obligation for commercial banks to record their core capital in their financial position reports, as well as in commitment and contingency reports. It also governs the calculation of core capital and total exposure. This Regulation came into force on the date it was enacted.

OJK Regulation No. 32/POJK.03/2019 dated December 18, 2019, regarding the Amendment of OJK Regulation No. 19/POJK.03/2017 regarding the Status and Monitoring of Rural Banks and Sharia Rural Banks. This Regulation adds a provision for rural banks and sharia rural banks that are subject to intensive supervision. It came into effect on the date of its enactment.

OJK Regulation No. 33/POJK.04/2019 dated December 18, 2019, regarding the Issuance and Terms of Sharia Mutual Funds. This Regulation governs the issuance and terms of sharia mutual funds and came into force on the date it was enacted

OJK Regulation No. 34/POJK.04/2019 dated December 18, 2019, regarding Mutual Funds in the form of Limited Participation Collective Investment Contracts. This Regulation amends OJK Regulation No. 37/POJK.04/2014 regarding the same matter, removing the obligation for investment managers to have a minimum ownership of IDR 5 billion in mutual funds in the form of limited participation. This Regulation came into force on the date as its enactment.

OJK Regulation No. 35/POJK.03/2019 dated December 18, 2019, regarding Transparency in the Financial Condition of Sharia Rural Banks. Rural banks are obliged to provide financial reports consisting of an annual report and a financial publication report. This Regulation came into force on January 1, 2020.

OJK Regulation No. 36/POJK.03/2019 dated December 18, 2019, regarding the Submission of Reports through the Integrated Reporting Portal. This Regulation requires banks to submit reports to the OJK via https://pelaporan.id or any other address stipulated by the OJK. Furthermore, the person in charge, executive officer, and/or reporting official of banks shall register independently with the Integrated Reporting Portal. This Regulation came into force on the date of its enactment.

OJK Regulation No. 37/POJK.03/2019 dated December 20, 2020, regarding the Transparency and Publication of Bank Reports. Banks shall make publicly available the following reports: (i) financial and work performance; (ii) risk and capitalization; (iii) information and material facts; (iv) prime lending rate; (v) other reports. This Regulation comes into force on July 1, 2020.

OJK Regulation No. 38/POJK.03/2019 dated December 19, 2019, regarding the Amendment of OJK Regulation No. 32/POJK.03/2018 regarding Maximum Lending and the Provision of Large Funds for Commercial Banks. This Regulation revokes Article 11 (1) and Article 24 of the previous regulation. It came into force on January 1, 2020.

OJK Regulation No. 39/POJK.03/2019 dated December 19, 2020, regarding Implementation of Anti-Fraud Strategy for Commercial Banks. This Regulation provides the scope of anti-fraud strategy, which consists of (i) detection, (ii) investigation, (iii) reporting and (iv) sanctions. It also provides the mechanism for commercial banks to report their anti-fraud strategies to the OJK. This Regulation came into effect on January 1, 2020.

OJK Regulation No. 40/POJK.03/2019 dated December 19, 2019, regarding Asset Quality of Commercial Banks. This Regulation provides the obligation for banks in regulating (i) asset quality, (ii) productive assets, (iii) non-productive assets, (iv) assessment of quality assets and reserves for loss through a decrease in value, (v) credit restructuring, (vi) write-offs and (vii) productive asset quality reports. This Regulation came into effect on January 1, 2020.

OJK Regulation No. 41/POJK.03/2019 dated December 26, 2019, regarding Merger, Spin-Off, Consolidation and Conversion of Commercial Banks. This Regulation governs procedures and administrative sanctions related to the merger, spin-off, consolidation and conversion of commercial banks. It came into force on the date it was enacted.

OJK Circular Letter No. 26/SEOJK.05/2019 dated December 4, 2019, regarding the Amendment of OJK Circular Letter No. 3/SEOJK.05/2016 regarding the Monthly Report of Financing Companies. Financing companies must submit monthly reports in the form and using the procedure as stipulated in this Circular Letter beginning June 2020. This Circular Letter comes into force on June 1, 2020.

OJK Circular Letter No. 28/SEOJK.03/2019 dated December 16, 2019, regarding the Assessment of the Health of Sharia Rural Banks. The health of sharia rural banks is assessed based on (i) capitalization, (ii) asset quality, (iii) profitability, (iv) liquidity and (v) management. This Circular Letter came into force on the date of its enactment.

OJK Regulation No. 42/POJK.03/2019 dated December 31, 2019, regarding Credit Management Information Agency. This Regulation governs the mechanisms by which credit management information agencies collect and process credit data and other data. It came into force on the date of its enactment.

OJK Regulation No. 1/POJK.04/2020 dated January 6, 2020, regarding the Preparation of Financial Statements of Security Companies. This Regulation stipulates that financial statements of security companies for the purpose of submission to the OJK or public release shall follow the standards stipulated in Indonesian capital market laws and regulations. This Regulation came into force on the date of its enactment.

OJK Regulation No. 43/POJK.05/2019 dated December 31, 2019, regarding the Amendment of OJK Regulation No. 73/POJK.05/2016 regarding Good Corporate Governance for Insurance Companies. This Regulation revokes the provision requiring companies to have one director of compliance appointed no later than three years since the previous OJK regulation was enacted. This Regulation came into force on the date of its enactment.

OJK Regulation No. 2/POJK.04/2020 dated January 9, 2020, regarding the Amendment of OJK Regulation No. 23/POJK.04/2016 regarding Mutual Funds in the Form of Collective Investment Contracts. This Regulation amends the type and criteria of mutual funds in the form of collective investment contracts governed by the OJK. It came into force on the date of its enactment.

PT Bursa Efek Indonesia Circular Letter No. SE-0001/BEI/02-2020 dated January 31, 2020, regarding Display of Company’s Information in the Remarks Column in the Jakarta Automated Trading System (JATS). This Circular Letter provides stock exchange members additional time, until July 3, 2020, to accommodate all information in their remarks column in JATS. This Circular Letter came into force on January 31, 2020.

ENERGY AND MINERAL RESOURCES

Minister of Energy and Mineral Resources (“MEMR”) Decree No. 243 K/08/MEM/2019 dated December 4, 2019, regarding Obligation to Include Taxpayer Identification Number and List of Beneficial Owners in License Application or Report Submission in the Energy and Mineral Resources Sector. This stated aim of this Decree is to better supervise companies in the energy and mineral resources sector and to identify the beneficial ownership of companies to obtain accurate, updated and publicly available information. Companies engaging in the energy and mineral resources sector are obliged to submit the taxpayer identification numbers of the company and shareholders, members of the board of directors and board commissioners, and beneficial owners. This Decree came into force on the date of its enactment.

MEMR Decree No. 261 K/30/MEM/2019 dated December 26, 2019, regarding Fulfillment of Domestic Coal Supply for the Year 2020. This Decree stipulates sales pricing requirements for coal in 2020. It came into effect on January 1, 2020.

MEMR Decree No. 268 K/12/MEM/2019 dated December 31, 2019, regarding Retail Sales Price of Certain Fuel Oil and Special Fuel Oil Assignment. This Decree provides the pricing requirements for kerosene, fuel oil and gasoline. The pricing shall be applied beginning January 1, 2020.

MEMR Decree No. 269 K/10/MEM/2019 dated December 31, 2019, regarding Amendment of MEMR Decree No. 138K/12/MEM/2019 regarding Formula for Indonesian Raw Oil Price. The Decree was issued to adjust several of the formulas for determining raw oil price. It came into force on the date of its enactment.

MEMR Decree No. 11 K/10/MEM/2020 dated January 9, 2020, regarding Acceleration Team for the Implementation of Natural Gas Price Adjustments for Domestic Industry. To help improve the competitiveness of domestic industry, the Government has set up a team to accelerate the implementation of natural gas price adjustments for domestic industry. This Decree came into force on the date of its enactment.

MEMR Decree No. 6 K/03/MEM/2020 dated January 6, 2020, regarding National Data Repository Management for the Energy and Mineral Resources Sector and the Duties of Data Officers at the Ministry of Energy and Mineral Resources. This Decree covers the development of a national data repository for the energy and mineral resources sector. It came into force on the date of its enactment.

MEMR Regulation No. 1 of 2020 dated January 27, 2020, regarding Guidance on the Stipulation of Geoheritage Sites. The stated aim of this Regulation is to develop, protect and sustain geoheritage sites and develop geoparks. It came into force on the date of its enactment.

Oil and Gas Downstream Regulatory Agency Regulation No. 34 of 2019 dated December 31, 2019, regarding Calculation and Stipulation of Tariff on Natural Gas Pipeline Transportation. This Regulation stipulates the tariff on the transportation of natural gas by pipeline. It came into effect on the date of its enactment.

MEMR Decree No. 33 K/03/MEM/2020 dated January 31, 2020, regarding Membership System for Upstream Oil and Natural Gas Data Services. Data utilization services for the upstream oil and natural gas sector shall be implemented through a membership and non-membership system. This Decree stipulates the types of membership, period and other provisions on data access via the membership system. This Decree came into effect on the date of its enactment.

FINANCE

Directorate General of Taxation Regulation No. PER-19/PJ/2019 dated November 26, 2019, regarding Land and Building Tax Object Notification. This Regulation stipulates the form and procedures for submitting the land and building tax form through the online system. It came into force on January 1, 2020.

Minister of Finance (“MOF”) Regulation No. 178/PMK.04/2019 dated November 28, 2019, regarding Settlement of Goods Declared Not Under Any Possession, Goods Under State Possession, and Goods Becoming State Assets. This Regulation stipulates the definitions of and elaborates on the characteristics of goods that are not under any possession, under state possession or state assets. It further stipulates how the goods are to be auctioned, gifted, used or destroyed. This Regulation took effect 30 days after the date of its enactment.

MOF Regulation No. 185/PMK.06/2019 dated December 6, 2019, regarding the Management of the Assets of Banks in Liquidation by the Minister of Finance. This Regulation stipulates the processes for the management and valuation of the assets of banks that are being liquidated. It also stipulates how the proceeds from such assets shall be used and the dispute settlement process for any disputes that may arise. The Regulation also lists the banks currently being liquidated and which assets are being managed by the Minister of Finance. This Regulation came into force on the date it was enacted.

MOF Regulation No. 186/PMK.03/2019 dated December 11, 2019, regarding the Classification of Tax Objects and the Assessment of the Sales Value of Land and Building Tax Objects. This Regulation stipulates the classification of tax objects in different economic sectors, including the forestry, oil and gas, geothermal, mineral and coal mining sectors, as well as the guidelines to determine the tax object sales value to calculate the land and building tax. It came into force on January 1, 2020.

MOF Regulation No. 195/PMK.05/2019 dated December 19, 2019, regarding Procedure for the Withdrawal of Foreign Loans and/or Grants. This Regulation stipulates the guidelines for the drawdown, distribution and withdrawal of offshore loans or grants, as well as the approval for such drawdown. It revokes Minister of Finance Regulation No. 84/PMK.05/2015 and came into force on the date of its enactment.

MOF Regulation No. 199/PMK.010/2019 dated December 31, 2019, regarding Customs, Excise and Tax on Imported Consigned Goods. This Regulation stipulates provisions on tax, customs and excise for imported consigned goods, and stipulates various processes for such imports including cargo, dismantling and storage. This Regulation came into effect 30 days after its enactment.

MOF Regulation No. 200/PMK.04/2019 dated December 27, 2019, regarding Import Duty and Excise Exemptions for Goods Imported for the Purpose of Scientific Research and Development. This Regulation stipulates provisions on the exemption of import duty and excise for goods imported for the purpose of scientific research and development. Such exemptions also apply for the import of goods through a storage zone, special economic zone or free trade zone, or for the transfer of imported goods for which the receiver of the goods has obtained an import duty exemption. This Regulation came into effect 30 days after its enactment.

MOF Regulation No. 209/PMK.06/2019 dated December 31, 2019, regarding the Third Amendment of MOF Regulation No. 21/PMK.06/2017 regarding Procedures for the Funding of Land Acquisitions for National Strategic Projects and the Management of Assets Resulting from Land Acquisition by the State Assets Management Agency. This Regulation amends, among other provisions, the authority of the Minister of Finance to implement funding for land procurement for strategic national projects and the required documents to be submitted by the minister to the State General Treasurer for funding. This Regulation came into force on the date it was enacted.

MOF Regulation No. 214/PMK.08/2019 dated December 31, 2019, regarding Procedures for the Procurement of Financing from Foreign Private Creditors. This Regulation stipulates the requirements and guidelines for the state to procure financing from foreign private creditors. It came into force on the date it was enacted.

MOF No. 215/PMK.08/2019 dated December 31, 2019, regarding the Sale and Repurchase of Government Bonds in Foreign Currencies in the International Market. The sale of such government bonds may be conducted through book building or private placement, and repurchase is done through bilateral buyback or book building. This Regulation generally stipulates the procedures and requirements for such sale and repurchase. It came into force on the date of its enactment.

MOF Regulation No. 216/PMK.04/2019 dated December 31, 2019, regarding Through Transport or Continued Transport of Imported or Exported Goods. This Regulation stipulates provisions on imported or exported goods that are to be further transported, including guidelines for the loading and unloading of goods, supervision and the transportation of goods to other customs territories. It came into effect 30 days after its enactment.

MOF Regulation No. 217/PMK.04/2019 dated December 31, 2019, regarding the Exemption of Import Duty and the Non-Collection of Tax for the Import of Goods for Upstream Oil and Natural Gas Business Activity. This Regulation stipulates several types of contract of work in the upstream oil and gas sector under which import duty exemptions and the non-collection of tax are valid. It also includes provisions on the procedures and guidelines to apply for such exemptions. This Regulation came into force 60 days from the date of its enactment.

MOF Regulation No. 222/PMK.05/2019 dated December 31, 2019, regarding the Amendment of MOF Regulation No. 13/PMK.05/2016 regarding Procedures for the Optimum Settlement of State Receivables Originating from the Channeling of Offshore Loans and Investments in State-Owned Enterprises/State-Owned Limited Liability Companies/Other Legal Entities. This Regulation amends several articles on the settlement of state receivables. It came into force on the date of its enactment.

Directorate General of Tax Regulation No. PER-02/PJ/2020 dated January 27, 2020, regarding Guidelines for the Implementation of Tax Examinations Abroad in the Framework of Exchanging Information Based on International Agreements. This Regulation stipulates the procedures for tax examinations abroad, as well as the submission of required documents. It came into force on the date of its enactment.

Directorate General of Taxation Circular Letter No. SE-01/PJ/2020 dated January 16, 2020, regarding the Repayment of Tax Payable and Amount of Tax Chargeable that Resulted from Corporate Taxpayer Obligations in the Context of Tax Chargeable by Distress Warrant. This Circular Letter provides guidelines on (i) charging tax by way of distress warrant and (ii) the repayment of tax debt that resulted from the tax obligations and fees from chargeable tax. It came into force on the date of its enactment.

Investment Coordinating Board (“BKPM”) Regulation No. 8 Year 2019 dated December 31, 2019, regarding the Second Amendment of BKPM Regulation No. 1 Year 2019 regarding Details of the Pioneer Industry Business Sectors and Types of Production Eligible for Corporate Income Tax Deductions, and Guidelines and Procedures for the Granting of Corporate Income Tax Deductions. This Regulation amends the attachment regarding the economic infrastructure of the petrochemical industry, as lastly amended by

BKPM Regulation No. 1 Year 2019 regarding Details of the Pioneer Industry Business Sectors and Types of Production Eligible for Corporate Income Tax Deductions, and Guidelines and Procedures for the Granting of Corporate Income Tax Deductions. It came into force on the date of its enactment.

HEALTH

Minister of Health (“MOH”) Regulation No. 83 of 2019 dated December 17, 2019, regarding Registration of Medical Workers. This Regulation prescribes that all medical workers shall obtain a Registration Certificate (Surat Tanda Registrasi or “STR”) issued by the Indonesia Medical Workers Council. There are three categories of STR, ie STR,

Temporary STR and Limited STR. The difference between an STR and Temporary STR is the validity period, while a Limited STR is for foreign medical workers in Indonesia. This Regulation came into force on the date it was enacted and revokes MOH Regulation No. 46 of 2013.

MOH Regulation No. 3 of 2020 dated January 16, 2020, regarding the Classification and Licensing of Hospitals. This Regulation revokes MOH Regulation 30 of 2019. Some of the changes it introduces are the classification of pharmaceutical services as non- medical services and the prohibition on foreign investment in Class C and D hospitals. This Regulation comes into force on the date it was enacted.

Head of the National Food and Drug Control Agency (“BPOM”) Regulation No. 34 of 2019 dated November 15, 2019, regarding Food Categories. This Regulation sets forth that food category requirements must be fulfilled by any party producing and/or importing processed food to be traded in retail packaging. The food categories set out in Annex I of this Regulation are implemented in the preparation of standards and/or requirements for food safety, quality, and nutrition. In the event that a type of food is not yet included in the food categories, it will be stipulated by BPOM, through the Director of Processed Food Standardization, upon receipt of an application. This Regulation came into force on the date of its enactment and revokes BPOM Regulation No. 21 of 2016.

BPOM Regulation No. 35 of 2019 dated December 13, 2019, regarding Pharmaceutical Industry Activity Report. This Regulation stipulates that all companies in the pharmaceutical industry that have obtained a pharmaceutical industry business license shall submit to BPOM a report detailing their production activities, including the use, distribution, import and export of drugs, and the active materials in such drugs. This Regulation came into force on the date of its enactment and revokes BPOM Regulation No. HK.00.05.23.3874 of 2003.

BPOM Regulation No. 36 of 2019 dated December 30, 2019, regarding Guidelines for Assessing the Efficacy and Safety of Anti-Cancer Drugs. Implementation of the guidelines in this Regulation must be done with due observance of the provisions of laws and regulations governing the criteria and procedures for drug registration, evaluation of new drugs, assessment of biosimilar products and/or assessment of bioequivalence tests. Monitoring of the safety of anti-cancer drugs is based on the provisions of laws and regulations regarding pharmacovigilance. This Regulation came into force on the date of its enactment.

INDUSTRY

Minister of Industry (“MOI”) Regulation No. 45 of 2019 dated December 6, 2019, regarding Procedure for the Issuance of Industrial Zone Business License in the Framework of Electronically Integrated Licensing Services. This Regulation provides the procedure for the issuance of industrial zone business licenses in the framework of the electronically integrated licensing services that currently apply for business practitioners. It came into force on the date of its enactment.

MOI Regulation No. 46 of 2019 dated December 20, 2019, regarding Mandatory Enforcement of Indonesian National Standard for Palm Cooking Oil. The stated aim of this Regulation is to protect consumer health, foster fair business competition and improve the competitiveness of the palm cooking oil industry. This Regulation came into force on January 1, 2020.

MOI Regulation No. 50 of 2019 dated December 31, 2019, regarding the Amendment of MOI Regulation No. 54/M-IND/PER/7/2016 regarding Conformity Assessment Institution in the Framework of the Enactment and Supervision of Indonesian National Standards for Steel Pipes With or Without Zinc Coating. This Regulation focuses on the supervision of accredited Product Certification Agencies. It came into effect on the date of its enactment.

MOI Regulation No. 49 of 2019 dated December 31, 2019, regarding the Amendment of MOI Regulation No. 46/M-IND/PER/12/2017 regarding Conformity Assessment Institution in the Framework of the Obligatory Enforcement and Supervision of Indonesian National Standards for Chemical Materials and Products. This Regulation governs Product Certification Agencies in evaluating and testing chemical products. It came into effect on the date of its enactment.

MOI Regulation No. 48 of 2019 dated December 31, 2019, regarding Conformity Assessment Institution in the Framework of the Compulsory Enforcement and Supervision of Indonesian National Standards for LPG Steel Tubes. This Regulation concerns the appointment of institutions to carry out the certification and testing of the suitability of quality of LPG steel tubes. It came into effect on the date of its enactment.

MOI Regulation No. 47 of 2019 dated December 31, 2019, regarding Criteria and/or Requirements to Obtain Income Tax Facilities for Capital Investment in Certain Business Fields and/or in Certain Regions in the Industrial Sector. This Regulation stipulates that domestic taxpayer entities may receive income tax facilities if they meet certain criteria and/or requirements. Such criteria and requirements are stipulated in this Regulation, which came into force on the date of its enactment.

MOI Regulation No. 1 of 2020 dated January 17, 2020, regarding the Preparation of Environmental Management Plans and Detailed Environmental Monitoring Plans for Industrial Companies Located or to Be Located in an Industrial Zone. This Regulation covers the (i) preparation of and application for detailed Environmental Management Plan and Environmental Monitoring Plan (Rencana Pengelolaan Lingkungan Hidup dan Rencana Pemantauan Lingkungan Hidup, “RKL-RPL”) approval; (ii) detailed RKL-RPL inspection and approval; (iii) financing; and (iv) construction, monitoring and supervision of detailed RKL-RPL implementation. It came into effect on the date of its enactment.

LAND AND PROPERTY

Circular Letter of the Minister of Agrarian Affairs and Spatial Planning (“MOAS”)/Head of National Land Agency No. 4/SE-PF.01/VII/2019 dated July 26, 2019, regarding the Acceleration of Spatial Utilization Licensing in the Framework of Encouraging Investment in the Regions. This Circular Letter provides guidelines for the regions regarding spatial layout compliance in support of investment activities. It came into force on the date of its enactment.

MOAS Decision No. 646/SK-DI.01.01/XII/2019 dated December 3, 2019, regarding the Appointment of Electronically Integrated Land Service Offices. This Regulation stipulates the location of electronically integrated land offices throughout Indonesia and the services such offices will provide, including registration of land security rights. This Regulation came into force on the date of its enactment.

LAW AND HUMAN RIGHTS

Minister of Law and Human Rights (“MOLHR”) Regulation No. 30 of 2019 dated December 9, 2019, regarding the Procedure for Granting Patent Compulsory License. This Regulation stipulates the procedures for granting a patent compulsory license and the use of patents by patent holders. It came into effect on the date of its enactment.

MOLHR Regulation No. 3 of 2020 dated February 5, 2020, regarding the Temporary Suspension of Visa-Free Visitation, Visa, and Granting of Stay Permit for Citizens of the People's Republic of China. The stated aim of this Regulation is to prevent the spread of the coronavirus in Indonesia by temporarily stopping the flow of Chinese citizens to and from Indonesian territory. This Regulation came into effect on February 29, 2020, and will be further evaluated.

MANPOWER

Minister of Manpower (“MOM”) Decision No. 326 Year 2019 dated December 3, 2019, regarding Guidelines for the Granting of Rewards to Companies Employing Workers with Disabilities. This Regulation sets the guidelines used by the Ministry of Manpower in granting rewards to companies that employ workers with disabilities. It came into force on the date of its enactment.

MOM Decision No. 349 Year 2019 dated December 31, 2019, regarding Certain Positions Prohibited from Being Occupied by Foreign Workers. This Regulation sets out the positions that foreign workers in Indonesia cannot hold. These positions are related to human resources and include industrial relations manager, human resources manager, personnel development supervisor, personnel recruitment supervisor, personnel placement supervisor, employee career development supervisor, career advisor, job advisor, employee mediator, job training administrator, job analyst, occupational safety specialist. This Regulation came into force on the date it was enacted.

PUBLIC WORKS AND PUBLIC HOUSING

Minister of Public Works and Public Housing (“MPWH”) Circular Letter No. 21/SE/M/2019 dated November 18, 2019, regarding Expert Arrangement Standards for Supervision of Construction Work through Service Providers. This Circular Letter is intended as a standard arrangement for experts supervising construction work carried out by construction supervision service providers, including organizational structure standards, educational qualification standards, experience and expertise. It came into effect on the date of its enactment.

MPWH Circular Letter No. 22/SE/M/2019 dated November 19, 2019, regarding Guidelines for Licensing Services for Foreign Construction Business Entity Services.

The stated aim of this Circular Letter is to provide guidelines for granting construction services business licenses to representative offices of foreign construction services business entities and foreign investment construction services business entities. It came into effect on the date of its enactment.

MPWH Regulation No. 17/PRT/M/2019 dated November 18, 2019, regarding the Revocation of MPWH Regulation No. 09/PRT/M/2019 regarding Guidelines for Licensing Services for Foreign Construction Business Entity Services. With the revocation of MPWH Regulation No. 09/PRT/M/2019, licensing services for foreign construction business entities will now follow the guidelines established by the Minister. This Regulation came into effect on the date of its enactment.

MPWH Regulation No. 21/PRT/M/2019 dated December 30, 2019, regarding Construction Safety Management System Guidelines. The stated aim of this Regulation is to implement construction services in accordance with national standards for security, safety, health and sustainability. This Regulation came into effect on the date of its enactment.

MPWH Regulation No. 3 of 2020 dated January 31, 2020, regarding the Amendment of MPWH Regulation No. 27/PRT/M/2018 regarding Building Function Worthiness Certificate. This Regulation amends some procedures for the issuance of a Building Function Worthiness Certificate. It came into effect on the date of its enactment.

MPWH Regulation No. 2 of 2020 dated January 31, 2020, regarding the Second Amendment of MPWH Regulation No. 05/PRT/M/2016 regarding Building Construction Permit.

This Regulation amends some of the procedures and technical details for the issuance of a Building Construction Permit. It came into effect on the date of its enactment.

MPWH Regulation No. 1 of 2020 dated February 5, 2020, regarding Standards and Guidelines for the Procurement of Integrated Construction Work through Providers. This Regulation covers, among other things, the criteria and requirements for design and construction work. It came into force on the date of its enactment.

TAX

Directorate General of Customs and Excise (“DGCE”) Regulation No. PER- 16/BC/2019 dated November 18, 2019, regarding Physical Form of and/or Specifications of Tobacco Excise Band and Alcoholic Beverage Excise Band for 2020. The stated aim of this Regulation is to manage tobacco and alcoholic beverage excise bands as provided by the Minister of Finance. It came into force on the date of its enactment.

DGCE Circular Letter No. SE-12/BC/2019 dated November 29, 2019, regarding Guidelines on the Completion/Recording of Excisable Goods Transfer Notification Related to Delivery Status. The stated aim of this Circular Letter is to provide clarity on the status of excisable goods during on the exit, transport and entry of such goods from one location to another. It came into force on the date of its enactment.

DGCE Regulation No. PER-18/BC/2019 dated December 5, 2019, regarding Guidelines on Bonded Warehouses. This Regulation stipulates the requirements for bonded warehouse developers including establishment, implementation, management and tax obligations. It came into force on the date of its enactment.

DGCE Regulation No. PER-35/BC/2019 dated December 31, 2019, regarding Guidelines on Customs and Excise Registration. This Regulation stipulates that customs and excise registration shall be done by submitting an application to the Directorate General through the Director. The scope of this Regulation encompasses the revocation of customs and excise access, the amendment of data, and customs and excise registration for various business actors. It came into force on January 30, 2020.

TRADE

Minister of Trade (“MOTr”) Regulation No. 90 of 2019 dated December 11, 2019, regarding the Assignment of Government Affairs on Trade to Governors as Representatives of the Central Government in the Implementation of Decentralization in the Fiscal Year 2020. This Regulation sets forth the powers and responsibilities of governors in terms of regional domestic trade and regional development. It further stipulates the supervisory duties of governors related to regional trade. This Regulation came into force on January 2, 2020.

MOTr Regulation No. 91 of 2019 dated December 11, 2019, regarding Technical Guidelines for the Decentralization of Trade Affairs for the Fiscal Year 2020. This Regulation sets forth the activities funded by the Decentralization Fund for Trade Affairs for 2020. These activities include activities related to domestic price monitoring and monitoring stocks of goods. This Regulation came into force on January 3, 2020.

MOTr Regulation No. 92 of 2019 dated December 18, 2019, regarding the Amendment of MOTr Regulation No. 84 of 2019 regarding Provisions on the Import of Non-Hazardous and Toxic Waste as an Industrial Raw Material. This Regulation provides an updated list of non-hazardous and toxic waste that can be imported. It also introduces a new provision on the mechanism to import non-hazardous and toxic waste. This Regulation came into force seven days after the date of its enactment.

MOTr Regulation No. 93 of 2019 dated December 27, 2019, regarding the Second Amendment of MOTr Regulation No. 83/M-DAG/PER/10/2015 regarding Provisions on the Import of Ozone Depleting Materials. This Regulation provides a new list of ozone depleting substances that can be imported to Indonesia. It came into force on the date of its enactment.

MOTr Regulation No. 96 of 2019 dated January 2, 2020, regarding Provisions on the Export of Processed and Refined Mining Products. The stated aim of this Regulation is to increase the added value of exported mining products. It redefines a number of export provisions relating to raw material/ore in the form of nickel that meets certain criteria. This Regulation repeals and replaces MOTr Regulation No. 01/M-DAG/PER/1/2017 on the same subject. It introduces new provisions on exportable mining products, export bans, export approvals and reporting obligations. This Regulation came into force on the date of its enactment.

MOTr Regulation No. 15 of 2020 dated February 27, 2020, regarding Export Regulations for Industrial Forestry Products. This Regulation stipulates the parties eligible to export industrial forestry products. Eligible parties shall comply with the technical requirements to be approved by a coordinating team, and verification or technical search before loading the goods. This Regulation comes into force three months after its enactment.

MOTr Regulation No. 16 of 2020 dated February 27, 2020, regarding the Stipulation of Export Reference Prices for Mining Products Subject to Export Duty. Export reference prices are determined through the highest price rate in the international market, the highest price rate of Free On Board, the highest price rate that is applicable in the national market or the highest price rate in the home market of the importer of the mining products one month prior to the determination of the export reference price. This Regulation came into effect on the date of its enactment.

MOTr Regulation No. 3 of 2020 dated January 31, 2020, regarding the Amendment of MOTr Regulation No. 110 of 2018 regarding Provisions on the Import of Iron or Steel, Alloy Steel, and their Derivative Products. This Regulation amends several provisions of MOTr Regulation No. 110 of 2018, specifically on import requirements, import approvals, verifications and reporting obligations. This Regulation came into force on the date of its enactment.

MOTr Regulation No. 4 of 2020 dated January 31, 2020, regarding 2020 Certified Mark. This Regulation prescribes that a 2020 certified mark shall be used for the calibration and/or recalibration of measuring, gauging and weighing instruments (“UTTP”) and their equipment in 2020. The period for affixing and/or installing the 2020 certified mark will commence January 1, 2020, and run until December 31, 2020. The 2020 certified mark shall have a validity period from the date of affixing and/or installing the mark until (a) November 30, 2035, for electromechanical/dynamic kWh meters; (b) November 30, 2030, for oil fuel cylinder upright fixed measuring tanks, diaphragm gas meters, and electronic/static kWh meters; (c) November 30, 2027, for ultrasonic gas flow meters; (d) November 30, 2026, for barge measuring tanks and ship measuring tanks; (e) November 30, 2025, for water meters with a nominal diameter < 50 mm; (f) November 30, 2023, for water meters with a nominal diameter of > 50 mm and < 254 mm, and custody transfer measuring systems; (g) November 30, 2022, for automatic level gauges and fuel oil car measurement tanks; and (h) November 30, 2021, for UTTP other than those as referred to in letters a to g. Certified marks that have been affixed and/or installed prior to the effective date of this Regulation shall remain valid until the expiration of their validity period. This Regulation came into force on January 1, 2020.

MOTr Regulation No. 5 of 2020 dated February 5, 2020, regarding the Revocation of MOTr Regulation No. 86 of 2017 regarding Provisions on the Import of Electronic Cigarettes. This Regulation revokes MOTr Regulation No. 86 of 2017 regarding Provisions on the Import of Electronic Cigarettes, effective as of February 5, 2020.

MOTr Regulation No. 7 of 2020 dated February 10, 2020, regarding Reference Prices for Purchases at the Level of Farmers and Reference Sales Prices at the Consumer Level. This Regulation raises the floor and ceiling prices for broiler chicken meat and eggs at the level of farmers. There is a corresponding increase in the reference sales price for broiler chicken meat at the consumer level. There is also an increase in the reference sales price for broiler chicken eggs at the consumer level. This Regulation also stipulates reference prices for certain types of chick seed. It came into force on the date of its enactment.

MOTr Regulation No. 10 of 2020 dated February 7, 2020, regarding Temporary Ban on the Importation of Live Animals from the People’s Republic of China. This Regulation prohibits the importation of certain live animals originating from or transiting in the People's Republic of China. The types of live animals covered by this prohibition include horses, donkeys, mules, cattle, pigs, sheep, goats, and poultry. The import ban also includes live animals from amusement parks, traveling circuses and traveling menageries. Importers are required to re-export to their country of origin or exterminate such live animals that have arrived at Indonesian ports since this Regulation came into effect in accordance with laws and regulations. The cost of re-exportation or extermination shall be borne by the importer. This Regulation came into force on the date of its enactment.

TRANSPORTATION

MOT Decree No. KM 264 of 2019 dated December 27, 2019, regarding the Assignment of PT Kereta Api Indonesia (Persero) to Implement the Maintenance and Operations of State-Owned Railroad Infrastructure for the Fiscal Year 2020. This Decree came into force on the date of its enactment.