To keep up with the momentum of digitalized lending and address the multitude of aspects (including financial inclusion and consumer protection) impacted by this ever-growing practice, the Indonesian Financial Services Authority (Otoritas Jasa Keuangan or OJK) has finally issued the long-anticipated regulation that revamped OJK Regulation No. 77/POJK.01/2016 on Information Technology-Based Lending Services (POJK 77). On 4 July 2022, OJK enacted OJK Regulation No. 10/POJK.05/2022 on Information Technology Based Collective Funding Services, updating the requirements for peer-to-peer lending operators and revoked POJK 77.
The latest episode of the series, 10 Things You Need to Know about Customs Audit in Indonesia, tackles two key themes: customs audits and current/hot audit issues in Indonesia. Our speakers discuss 10 of the most highlighted areas that a company needs to know about Indonesia customs audits.
The consumption of Sugar-Sweetened Beverages (Minuman Berpemanis Dalam Kemasan or MBDK) in Indonesia has risen significantly in the past 20 years, making Indonesia the third highest consumer of MBDK in Southeast Asia in 2020. The high MBDK consumption may have numerous health implications that will significantly impact Indonesia’s health and social and economic development.
To deal with this issue, the Indonesian government has included excise revenue from MBDK in this year’s State Revenue and Expenditure Budget (Anggaran Pendapatan dan Belanja Negara or APBN).
Until recently, there was no clear deadline for the registration obligation imposed on offshore or foreign private electronic system operators (ESOs) under Minister of Communication and Informatics (MOCI) Regulation No. 5 of 2020 on Private Electronic System Operators, as lastly amended by MOCI Regulation No. 10 of 2021 (“MOCI Regulation 5”).
When MOCI Regulation 5 was first enacted, there was a six-month transitional period for private ESOs to conduct ESO Registration after the regulation became effective on 24 November 2020. However, in practice, the Indonesian Online Single Submission (OSS) system was not yet able to accommodate registration applications by offshore private ESOs. As a result, the timeline for ESO Registration was further extended to become six months after the OSS system became effective.
On 22 June 2022, the MOCI held a press conference to announce that the six-month period was counted from 21 January 2022 (deemed as the date on which the OSS system became effective), and that therefore the deadline for ESO Registration would be 20 July 2022.
As global and regional integration increases, multinational companies ought to navigate numerous custom-related complexities and challenges imposed by relevant authorities in any jurisdiction. This webinar series provide an in-depth coverage of legal frameworks, practical issues and key trends and developments surrounding customs audits in select Asia Pacific jurisdictions.
In April 2022, the Minister of Finance (MOF) issued MOF Regulation No. 26/PMK.010/2022 on the Stipulation of Goods Classification System and Imposition of Import Duty Tariffs on Imported Goods, which introduced changes made to the Harmonized Commodity Description and Coding System (HS) Code regime and updated Indonesia’s Customs Tariff Book (CTB). The CTB is amended every five years because the HS, on which it is based, is updated every five years to account for technological developments, changes in trade patterns, and the changing of global situations and conditions.
In February 2022, the Minister of Employment issued Regulation No. 2 of 2022 on the Procedure and Conditions for the Payment of Old Age Security Benefits. This regulation raised a number of questions, particularly from employees and unions, as it only allows employees who voluntarily resign to receive their Old Age Security (Jaminan Hari Tua or “JHT”) benefits payout when they reach the age of 56, regardless of their age when they resign. In response to these objections, the Minister revisited the February regulation. On 26 April 2022, in the week before the Idul Fitri holidays, the Minister issued Regulation No. 4 of 2022 on the Procedure and Conditions for the Payment of Old Age Security Benefits (“Regulation 4”), replacing Minister of Employment Regulation No. 2 of 2022.
The Indonesian Competition Commission (Indonesian acronym “KPPU”) has issued a regulation revoking the policy that extended the deadline for merger filings to 60 working days since closing, from 30 working days. The original deadline will be applicable effective 1 May 2022. Since November 2020, the authority has been implementing relaxation policies for competition matters due to the COVID-19 pandemic, including the extended deadline for merger filings.
In February 2022, the Indonesian Competition Commission issued the first decision of this type on the cooperation between PT Pos (Persero), the state-owned postal and package delivery company, and Agenpos, its small business partner, under a separate law governing such activities.
The Carbon Tax was introduced in Law No. 7/2021 on Harmonization of Tax Regulation. The Carbon Tax will be imposed on carbon emissions that have a negative impact on the environment. The law stated that the Carbon Tax would be applied starting on 1 April 2022 for coal fired power plants. The law requires an implementing regulation in the form of a Minister of Finance regulation to stipulate the tariff and basis of the Carbon Tax, and a government regulation to stipulate the tax subject and tax object. There has to be consultation on the regulations with the Indonesian parliament.