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Andi Yusuf Kadir

Andi Yusuf Kadir is a partner in the Dispute Resolution Practice Group. He has extensively represented multinational corporations and local companies in domestic and international arbitration, complex litigation proceedings, court-sanctioned debt restructuring processes (PKPU), and bankruptcy/insolvency litigation. He has represented both lenders and companies in PKPU and bankruptcy/insolvency matters. He is also well experienced in employment litigation, corporate crimes, compliance and regulatory issues in the context of investigation, and administrative law disputes with government departments and agencies (including judicial review to annul the Government's regulations). He is named as Indonesian Dispute Resolution Lawyer of the Year by Asian Legal Business Indonesian Law Awards (2017 and 2018).

On 2 February, the Indonesian government enacted a number of implementing regulations of Law No. 11 of 2020 on Job Creation (“Omnibus Law”), though many were only made available to the public on 21 February.

One of the enacted implementing regulations is Government Regulation No. 35 of 2021 on Definite Period Employment Agreements, Outsourcing, Working and Resting Hours and Termination of Employment (“Regulation 35”).

The Constitutional Court recently issued a judgment rejecting a request to include Over the Top (OTT) services under the scope of Law No. 32 of 2002 on Broadcasting as amended by Law No. 11 of 2020 on Job Creation (“Broadcasting Law”). The judgment saves OTT services operators from licensing and censorship requirements under the Broadcasting Law. If the court had granted the request, OTT services operators would have needed to be licensed as broadcasting institutions and be subject to censorship by the movie censorship board. The judgment confirms that OTT services are not subject to the Broadcasting Law and remain subject to Law No 19 of 2016 on Amendment of Law No. 11 of 2008 on Electronic Information and/or Transaction (“EIT Law”).

The Constitutional Court’s judgment is final, binding, and not subject to appeal.

The judgment was rendered following an application for constitutional review of the above provision by two conventional broadcasting operators who perceived that there is unequal treatment against them and OTT service operators.

The Indonesian House of Representatives (DPR) has approved job creation law (RUU Cipta Kerja) – commonly known as the “Omnibus Law”. The Omnibus Law amends a number of existing laws, including Law No. 13 of 2003 on Labor (“Labor Law”) and Law No. 40 of 2004 on National Social Security System (“Social Security Law”). This alert will focus on Chapter IV of the Omnibus Law, which covers employment matters.

Recent Update Almost immediately following the issuance of Supreme Court Regulation No. 13 of 2016 on Case Handling Procedures for Corporate Crimes (“Perma 13”) in December 2016, the Corruption Eradication Commission (“KPK”) named PT Nusa Konstruksi Enjiniring, Tbk (“NKE”, formerly PT Duta Graha Indah, Tbk), a publicly traded construction company, as a suspect in…