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Andi Y. Kadir

Andi Kadir is a senior partner and head of the Dispute Resolution Practice Group. He has extensively represented multinational corporations and local companies in domestic and international arbitration (including enforcement of arbitration awards in Indonesia), complex litigation proceedings, court-sanctioned debt restructuring proceedings (PKPU), bankruptcy/insolvency litigation and enforcement of collaterals in Indonesia. He is also well experienced in employment litigation (including dismissal of directors and commissioners), corporate crimes, compliance and regulatory issues in the context of investigation, and administrative law disputes with government agencies (including judicial review to annul the government's regulations). Andi is a co-chairman of the arbitration and ADR commission of ICC Indonesia. He is also a court member of ICC International Court of arbitration. He is a registered arbitrator at Badan Arbitrase Nasional Indonesia (BANI).

On 2 January 2024, the President of the Republic of Indonesia signed Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions (“EIT Law”) (“Amendment Law”). The Amendment Law was enacted and became effective on the same day. The Amendment Law covers some new provisions that seem to push for localization and domestic protection, such as the requirement for e-certification service providers to be domiciled in Indonesia and the requirement for international electronic contracts to be governed by Indonesian Law. The Amendment Law also elaborates on the prohibited acts under the EIT Law, and contains new provisions on government intervention.

The Ministry of Trade has published Regulation No. 31 of 2023 on Provisions on Business Licensing, Advertisement, Development and Supervision of Business Actors in Electronic Systems Trading (“Regulation 31”), which came into force on 26 September and revoked Minister of Trade Regulation No. 50 of 2020 on the same subject matter. This alert highlights that Regulation 31 now identifies social-commerce platforms (i.e., those platforms that feature social media functionalities) within the sphere of e-commerce operators’ business models. Regulation 31 introduces significant new restrictions on the activities of foreign merchants and e-commerce operators.

The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023. This alert takes a look at how the New Criminal Code reintroduces crimes related to fraudulent acts against creditors. In the absence of any criminal provisions under Law No. 37 of 2004 on Bankruptcy and Debt Suspension of Payment, any criminal sanctions for fraudulent-related acts against creditors are those originally set out in the old criminal code. The New Criminal Code reinvents the provisions in the old criminal code and reintroduces them as a new section in the fraudulent-related acts against creditors.

The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023. In the next three years, the New Criminal Code will replace the 100-year old criminal code currently in place. The New Criminal Code changes the landscape of the penal code in the field of digital information, bribery and corruption, and money laundering related crimes.