On 5 June 2023, the Minister of Public Works and Housing issued Decree Number 602/KPTS/M/2023 on the Domestic Component Level Regulation for Construction Services. The decree sets the minimum requirement for the Domestic Component Level (Tingkat Komponen Domestik Negeri or "TKDN") in construction works, construction consultation services, and integrated construction works. Our legal brief highlights the role of this decree in the implementation of TKDN, as well as the minimum threshold of TKDN for construction services in each sector within the authority of the Ministry of Public Works and Housing.
Introduction: REDD+ credits and carbon markets CIFOR-ICRAF
Presented by Arild Angelsen (Professor, School of Economics and Business, Norwegian University of Life Sciences (UMB) - CIFOR Senior Associate) at "GFOI 2023 Plenary: Myths, realities, and solutions towards high-integrity forest carbon credits" on 9-11 May 2023
Introduction: REDD+ credits and carbon markets CIFOR-ICRAF
Presented by Arild Angelsen (Professor, School of Economics and Business, Norwegian University of Life Sciences (UMB) - CIFOR Senior Associate) at "GFOI 2023 Plenary: Myths, realities, and solutions towards high-integrity forest carbon credits" on 9-11 May 2023
Renewable Energy Certificate (REC) MechanismKranav Sharma
This presentation provides a proper introduction to the Renewable Energy Certificate (REC) mechanism in India; a possible tool for obligated entities to satisfy their Renewable Purchase Obligation (RPO) compliance. It includes the general background, need for, objectives, implementation and other key elements of the REC mechanism.
Materi Tentang Kerjasama Antar Kota Metropolitan Dengan Kota PendukungnyaFitri Indra Wardhono
Aktifitas perekonomian perkotaan mempunyai kontribusi
signifikan terhadap aktifitas perekonomian nasional. Kotribusi
tersebut dapat ditunjukkan pada pertumbuhan kontribusi melalui
perubahan kurun waktu. Pada tahun 1980-an kontribusi aktifitas
perekonomian hanya sebesar 61,1%. Sedangkan di akhir tahun
perhitungan (tahun 2008), kontribusi aktifitas perekonomian
perkotaan sudah mencapai 78,1% atau hampir mencapai 80%
dari seluruh aktifitas perekonomian nasional.
Arah kebijakan ini melihat bahwa dimensi perkotaan perlu
dimanfaatkan potensinya untuk berbagai bidang pembangunan
(misalnya pengentasan kemiskinan dan pertumbuhan ekonomi).
Namun tidak berarti upaya pembangunan hanya fokus ke
pembangunan perkotaan, karena pembangunan perdesaan tetap
harus diperhatikan untuk menjaga hubungan desa-kota yang
seimbang.
Presentasi saya kali ini menjelaskan tentang bagaimana peran mekanisme berbasis pasar atau market based mechanism di dalam pencapaian target Indonesia dalam pengurangan emisi gas rumah kaca, terutama dengan mempertimbangkan biaya mitigasinya dengan mengambil pembelajaran dari implementasi CDM (Clean Development Mechanism) dan JCM (Joint Crediting Mechanism)..
Dalam bagian pertama saya jelaskan tentang bagaimana peta dari upaya pencapaian NDC (National Determined Contribution) atau target pengurangan emisi dari negara-negara di dunia. Dan selanjutnya saya menjelaskan tentang bagaimana peran mekanisme berbasis pasar di dalam pencapaian NDC.
Lebih lanjut juga saya sampaikan data implementasi dari mekanisme berbasis pasar yang telah diimplementasikan di Indonesia dan bagaimana kemudian integrasinya ke dalam implementasi NDC.
Yang kemudian memerlukan pembelajaran dan studi lebih mendalam adalah biaya mitigasi dari implementasi NDC sehingga negara dapat memilih mana yang kemudian harus dilakukan dan mana yang bisa dilepas ke pasar.
Contoh-contoh implementasi proyek pengurangan emisi secara riil akan dapat menjadi pembelajaran yang baik ke depan.
Jakarta, 4 September 2018
REDD, REDD+ AND CLIMATE CHANGE IMPACT ON ECO-TOURISMRajendra Ojha
This presentation is mainly made to present ideas about REDD and REDD+ at Department of Global Climate Change
This presentation focuses more on "CLIMATE CHANGE IMPACT ON ECO-TOURISM".
What is Policy?
Why create a Policy?
How to make a Policy?
What is Sustainability?
How does Energy Use Impact Sustainability?
What is Climate Change?
How does Energy Use Contribute to Climate Change?
The Energy Challenge?
Some thoughts on the Way Forward
Presentazione a supporto dell'intervento di Laura Cutaia al webinar "IL NUOVO RAPPORTO TECNICO UNI/TR 11821 SULLE BUONE PRATICHE
DI ECONOMIA CIRCOLARE" del
13 aprile 2023
Asia Counsel Insights provide readers an update on legal and business developments in Vietnam.
In this edition we provide a summary of the changes to Vietnam's Intellectual Property Law; regulations to facilitate a carbon market in Vietnam; update on Vietnam's energy policy mix.
Renewable Energy Certificate (REC) MechanismKranav Sharma
This presentation provides a proper introduction to the Renewable Energy Certificate (REC) mechanism in India; a possible tool for obligated entities to satisfy their Renewable Purchase Obligation (RPO) compliance. It includes the general background, need for, objectives, implementation and other key elements of the REC mechanism.
Materi Tentang Kerjasama Antar Kota Metropolitan Dengan Kota PendukungnyaFitri Indra Wardhono
Aktifitas perekonomian perkotaan mempunyai kontribusi
signifikan terhadap aktifitas perekonomian nasional. Kotribusi
tersebut dapat ditunjukkan pada pertumbuhan kontribusi melalui
perubahan kurun waktu. Pada tahun 1980-an kontribusi aktifitas
perekonomian hanya sebesar 61,1%. Sedangkan di akhir tahun
perhitungan (tahun 2008), kontribusi aktifitas perekonomian
perkotaan sudah mencapai 78,1% atau hampir mencapai 80%
dari seluruh aktifitas perekonomian nasional.
Arah kebijakan ini melihat bahwa dimensi perkotaan perlu
dimanfaatkan potensinya untuk berbagai bidang pembangunan
(misalnya pengentasan kemiskinan dan pertumbuhan ekonomi).
Namun tidak berarti upaya pembangunan hanya fokus ke
pembangunan perkotaan, karena pembangunan perdesaan tetap
harus diperhatikan untuk menjaga hubungan desa-kota yang
seimbang.
Presentasi saya kali ini menjelaskan tentang bagaimana peran mekanisme berbasis pasar atau market based mechanism di dalam pencapaian target Indonesia dalam pengurangan emisi gas rumah kaca, terutama dengan mempertimbangkan biaya mitigasinya dengan mengambil pembelajaran dari implementasi CDM (Clean Development Mechanism) dan JCM (Joint Crediting Mechanism)..
Dalam bagian pertama saya jelaskan tentang bagaimana peta dari upaya pencapaian NDC (National Determined Contribution) atau target pengurangan emisi dari negara-negara di dunia. Dan selanjutnya saya menjelaskan tentang bagaimana peran mekanisme berbasis pasar di dalam pencapaian NDC.
Lebih lanjut juga saya sampaikan data implementasi dari mekanisme berbasis pasar yang telah diimplementasikan di Indonesia dan bagaimana kemudian integrasinya ke dalam implementasi NDC.
Yang kemudian memerlukan pembelajaran dan studi lebih mendalam adalah biaya mitigasi dari implementasi NDC sehingga negara dapat memilih mana yang kemudian harus dilakukan dan mana yang bisa dilepas ke pasar.
Contoh-contoh implementasi proyek pengurangan emisi secara riil akan dapat menjadi pembelajaran yang baik ke depan.
Jakarta, 4 September 2018
REDD, REDD+ AND CLIMATE CHANGE IMPACT ON ECO-TOURISMRajendra Ojha
This presentation is mainly made to present ideas about REDD and REDD+ at Department of Global Climate Change
This presentation focuses more on "CLIMATE CHANGE IMPACT ON ECO-TOURISM".
What is Policy?
Why create a Policy?
How to make a Policy?
What is Sustainability?
How does Energy Use Impact Sustainability?
What is Climate Change?
How does Energy Use Contribute to Climate Change?
The Energy Challenge?
Some thoughts on the Way Forward
Presentazione a supporto dell'intervento di Laura Cutaia al webinar "IL NUOVO RAPPORTO TECNICO UNI/TR 11821 SULLE BUONE PRATICHE
DI ECONOMIA CIRCOLARE" del
13 aprile 2023
Asia Counsel Insights provide readers an update on legal and business developments in Vietnam.
In this edition we provide a summary of the changes to Vietnam's Intellectual Property Law; regulations to facilitate a carbon market in Vietnam; update on Vietnam's energy policy mix.
Methodology of Computing Gross Domestic Product (GDP) in IndiaDVSResearchFoundatio
Gross Domestic Product (GDP) is the total monetary or market value of all the finished goods and services produced within a country's borders in a specific period of time. It is one of the most important measures used globally to analyse and compare the economic growth of Countries. In this Webinar, we shall understand the term GDP and the methodology of Computation of GDP in India.
Initial Public Offering for Issuers with Small-Scale and Medium-Scale Assets.pdfAHRP Law Firm
Initial Public Offering or commonly known as IPO provides both financial and non-financial benefits to the parties that conduct such, including increasing capitals, business expansion, and improving company's image. Further, big companies are not the only ones that may enjoy the benefit of IPO, as Small-Scale and Medium-Scale companies can also conduct IPO. Find out more our insights about this topic in our Legal Brief Publication.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Paving The Path for a Greener Future via Presidential Regulation Number 112/2...AHRP Law Firm
Embracing the spirit of Paris Agreement, the Government of Indonesia has issued Presidential Regulation Number 112 of 2022 on Acceleration of Renewable Energy Development for Power Supply (“PR 112/2022”) as an inaugural step to gradually implement renewable energy power plants in replacing coal-fired power plants. Moving forward, the government continues to take the leap in facilitating the transition through Minister of Finance Regulation Number 103 of 2023 on the Provision of Fiscal Support through the Funding and Financing Framework for the Acceleration of Energy Transition in the Electricity Sector (“MoFR 103/2023”). With the hope of greener earth, the Indonesian Government is yet on track to build a sound regulatory framework while ensuring lucrative framework for investors. Find out more our insights about this topic in our Legal Brief publication.
Initial Public Offering of Mining Companies: Matters to be Considered.pdfAHRP Law Firm
The capital market provides a solution for companies to obtain funding through offering a portion of the company's shares to the public or IPO. This process also transforms the company from a closed entity to an open one where it is required to be managed in more effective, professional, and transparent manners. Essentially, all companies have the opportunity to become publicly listed and have their shares traded on the IDX. However, there are several points to note in the listing requirements for mining companies to conduct an IPO. With the issuance of Decree of the Board of Directors of the Indonesia Stock Exchange Number I-A.1 Kep-00100/BEI/10-2014 on the Listing of Shares and Equity Securities Other than Shares Issued by Companies in the Mineral and Coal Mining Sector ("I-A.1 Reg."), eases in conducting IPO are provided for mining companies. In addition to the requirements under I-A.1 Reg, mining companies are also required to meet the requirements under Decree of the Board of Director of the Indonesia Stock Exchange Number I-A Kep-00101/BEI/12-2021 on Amendment to Regulation No. I-A concerning the Listing of Shares and Equity Securities Other Than Shares Issued by Listed Companies. Find out more our insights about this topic in our Legal Brief publication.
The Establishment of Indonesia's First Crypto Bourse: a Regulatory Overview.pdfAHRP Law Firm
As Indonesia unveils its state-backed Crypto Bourse, it marks a strategic move towards regulated and secure cryptocurrency trading. This new platform will facilitate enhanced oversight and stability in the digital economy, promising a safer environment for investors and traders alike. Find out more our insights about this topic in our Legal Brief publication.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
Indonesia’s Model Document for Sustainable Procurement Selection for Construc...AHRP Law Firm
In an effort to achieve significant benefits and reduce negative impacts on the environment throughout the entire work cycle, the Deputy for Strategic Development and Policy of the National Public Procurement Agency (LKPP) issued NPPA Deputy Decree Number 3 of 2024 concerning the Sustainable Procurement Document Model for Construction Works (NPPA Deputy Decree 3/2024), which has been in effect since 19 February 2024. Find out more about our insights related to this topic in our Legal Brief publication.
Second Amandement to the Law No. 11/2008: Streghtening Legal Protection and C...AHRP Law Firm
In 2022, based on the data of the Central Bureau of Statistics, 66.48% of the Indonesian citizens have accessed internet. This number have increased by 4.38% from the number in 2021. Such rise of the internet utilization shows that electronic data and information has became the basic need in Indonesia.
At the same time, technology has been developing progressively worldwide. Transboundary transactions are inevitable. Moreover, data and information being accessible to any person regardless of his age. Therefore, the Government of Indonesia issued the Second Amendment of Law No. 11 of 2008 on Electronic Information and Transaction on January 2nd 2024 which one of the objectives is to provide clearer regulatory framework on the distribution of electronic data and information. Find out more our insights about this topic in our Legal Brief Publication.
Regulatory Reforms on Financial Technology Innovation with OJK Regulation No....AHRP Law Firm
OJK has taken a significant step forward with the enactment of OJK Regulation Number 3 of 2024 on the Implementation of Financial Sector Technology Innovation. This pivotal regulation aims to enhance the regulatory framework for financial sector technology innovation, reflecting OJK's commitment, as outlined in Law Number 4 of 2023, to the development and enforcement of the financial sector. With this regulation, OJK updates and expands upon the provisions for digital financial innovation established in the previous OJK Regulation Number 13/POJK.02/2018. Moreover, OJK is set to provide an innovative playground through its Sandbox, fostering a space for trial and innovation development. Find out more about our insights on this topic in our Legal Brief publication.
Simplification and Ease of User Data Verification: The Regulatory Framework f...AHRP Law Firm
The Facial Verification Technology (FVT) plays a crucial role in Electronic Know Your Customer (E-KYC) processes, improving security and operational efficiency by remotely confirming individuals' identities through several online authentication steps by utilizing users' data registered in population databases. The purpose of FVT itself is to reduce the risks of identity theft and fraud. Recently, the Financial Services Authority (OJK) issued OJK Reg. 3/2024 focusing on the Implementation of Financial Sector Technology Innovations. This regulation outlines the licensing procedure for FVT organizers, aligning with MoHA Reg. 102/2019, which addresses access rights for using population data. Moreover, the implementation of FVT must comply with data protection regulations, in particular, Law 27/2022 and OJK Reg. 3/2024. Find out more about our insights on this topic in our Legal Brief publication.
Towards National Financial Inclusion and Credit Growth: Regulatory Framework ...AHRP Law Firm
In order to enhance national financial inclusion and stimulate credit growth, the Financial Services Authority (OJK) established the Credit Bureau Agency (Lembaga Pengelola Informasi Pengkreditan, or "LPIP") by issuing OJK Reg. 5/2022. LPIP aims to produce diverse, comprehensive, and value-added credit information through the management and development of credit information. Additionally, OJK Reg. 5/2022 is designed to facilitate widespread access to credit, promote responsible lending practices, and ensure financial transparency. To achieve these goals, LPIP utilizes rigorous risk management and efficient data exchange mechanisms. As a result, individuals and businesses gain access to previous inaccessible financial services. This strategic approach not only fosters economic empowerment but also strengthens the entire financial ecosystem. Find out more in our Legal Brief publication for additional insights on this topic.
Issuance of Ministry of Energy and Mineral Resources Regulation No. 2 of 2024...AHRP Law Firm
Solar power is one of the key components of achieving zero emissions, as it is a renewable energy source that generates electricity without producing greenhouse gas emissions during operation. Accordingly, the Indonesian Government adjusted and amended the prevailing regulation to improve the development of rooftop solar power utilization that is suitable for the current circumstances through MoEMR Reg. No. 2/2024. Find out more our insights about this topic in our Legal Brief publication.
FIFA Regulations and Indonesia Football Business.pdfAHRP Law Firm
As a regulatory and administrative body of the world's most popular sport, FIFA plays an important role, from organizing the World Cup to regulating provisions on loans of players. Member countries of FIFA around the world, from North America, Central America, the Caribbean to Asia, including Indonesia with its PSSI, adhere to FIFA Statute as the epitome to regulate national football matches, developments, and industry. Find out more of our insights about this topic in our Legal Brief Publication.
Understanding Buyback Regulations In IndonesiaAHRP Law Firm
Buyback is a mechanism that allows companies to repurchase their stocks from their shareholders. There are several reasons why companies would opt to do this, amongst which are to reduce the cost of capital, ownership consolidation, preserving stock prices, undervaluation, and boosting their key financial ratios. The key principle for buyback in Indonesia is that it must be done with transparency and within a certain period of time. Find out more of our insights about this topic in our Legal Brief publication.
Navigating the Complexities in Issuance of KKPR (Suitability of Spatial Utili...AHRP Law Firm
Property ownership in business development, particularly over the land, is undeniably crucial. Since the presidential era of Joko Widodo, licensing related to land permits have undergone transformation, including integration of digital system usage. However, given that Indonesia is an archipelago with diverse geographical conditions, the licensing process for land ownership via digital does not necessarily provide a proper solution. Following this, The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has issued a legal document in the form of technical guidelines, which serves as a guide for applicants to submit offline registrations. Find out more of our insights about this topic in our Legal Brief publication.
FSRU procurement for Oil and Gas Upstream Business (clauses and legal concern...AHRP Law Firm
Indonesia as a maritime country has its own challenges in meeting its domestic needs, including the needs for oil and natural gas. The spread of large cities across Indonesia creates the need for sophisticated and efficient transportation equipment related to natural gas needs. Floating Storage and Regasification Unit or what is known as FSRU is one answer to this problem. The form of FSRU is in the form of a ship and most of it comes from foreign countries, making its procurement interesting to study further. Find out more of our insights on this topic in our Legal Publication.
Reducing the Incremental Capital Output Ratio (ICOR) from a legal perspective...AHRP Law Firm
The Incremental Capital Output Ratio (ICOR) is gaining attention in Indonesia as a tool to evaluate capital investment efficiency and economic output. It is evident that a favorable ICOR result can significantly impact a nation's growth. However, an unfavorable ICOR result may present challenges to a nation, necessitating appropriate policy responses. Additionally, a comparative study may be needed to learn and implement key strategies from other countries as lessons learned. Find out more our insights about this topic in our Legal Brief publication.
In addressing DMO violations caused by the significant gap between the market price of coal and domestic coal prices, the Indonesian government is currently formulating legislation to establish an entity empowered to collect and disburse compensation funds as a penalty for DMO non-compliance. In 2022, the Indonesian government initially decided to establish a Public Service Agency (BLU) to implement the collection-disbursement scheme. However, the plan for the formation of the BLU entity underwent a transformation into MIP in January 2023. Find out more our insights about this topic in our Legal Brief Publication.
K3 Compliance for Smelter Usage in Nickel Mining: A Look at Morowali Smelter ...AHRP Law Firm
In the aftermath of a devastating Morowali smelter workplace accident, the industrial landscape is marred by the harsh realities of occupational hazards. Within the heart of the smelting facility, a momentary lapse in safety measures has given rise to a cascade of consequences. Emergency responders and fellow workers converge amidst the chaos, grappling with the profound impact on lives and the workplace. This tragic incident serves as a poignant reminder of the imperative need for rigorous safety protocols in industrial settings. It sparks urgent conversations about the balance between productivity and employee well-being, prompting a collective reevaluation of safety cultures and procedures. The smelter workplace accident becomes a rallying point for change, advocating for a future where the crucible of industry remains a site of creation, not catastrophe. Find out more our insights about this topic in our Legal Brief publication.
Acceleration of the Usage EV Battery-powered Vehicle for Road Transportation.pdfAHRP Law Firm
As Indonesia accelerates its journey with electric vehicles, we are witnessing a major shift in both environmental stewardship and market dynamics. Consequently, in order to empower the future of transportation in Indonesia, the Government of Indonesia has recently promulgated latest regulations regarding Battery-Powered Electric Vehicles ("BEVs") such as MoF Reg. 38/2023 and MoI Reg. 6/2023. Strategically advancing towards a sustainable future, these regulations tackle environmental concerns while also pave the way for novel business opportunities. Find out more our insights about this topic in our Legal Brief publication.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. BACKGROUND
Definition & Scope
Domestic Products
Goods and services, including design and engineering, that are produced or performed by companies that invest and manufacture in Indonesia,
utilizing all or part of the Indonesian workforce, and whose processes involve the use of raw materials or components that are wholly or partially
sourced domestically.
Art. 1 (21) Government Regulation Number 29 of 2018 on Empowerment of Industry as partially revoked by Government Regulation Number 28 of 2021 (“GR 29/2018”)
TKDN
The level of domestic content in goods, services, and a combination of goods and services.
Art. 1 (24) GR 29/2018.
The scope of regulation on increasing the use of domestic products includes:
a. Obligation to use domestic products.
b. Efforts to enhance the utilization of domestic products by private enterprises
and the public.
c. Domestic Component Level/Tingkat Komponen Dalam Negeri (“TKDN”).
d. Domestic product utilization enhancement team.
e. Development and supervision.
f. Recognition for the utilization of domestic products.
a
b
c
e
d
f
Art. 56 GR 29/2018
TKDN on Goods
Goods are any tangible or intangible items,
whether movable or immovable, intended for
use or trade by the user of the goods.
Art. 1 (22) GR 29/2018
TKDN on Services
Services are the provision of work performed by
service providers, which include construction
services, including integrated construction
services, consulting services, and other services.
Art. 1 (23) GR 29/2018
Combined TKDN on
Goods and Services
A H R P L e g a l B r i e f
02
01 As regulated by Presidential Regulation Number 12 of 2021 on the Amendment of the Presidential Regulation Number 16
of 2018 regarding the Government Goods/Services Procurement, obligation of utilizing domestic products is conducted
within the procurement planning, procurement preparation, or selection of provider, which are encompassed within the
general plan of procurement, technical specification, working framework, and selection documents.
Based on Minister of Public Works and Housing Decree Number 4/IN/M/2022 on the Strategy for the Prevention of Risk of
Irregularities in the Goods/Services Procurement Process of the Ministry of Public Works and Public Housing in 2022-
2024, it is necessary to determine the minimum commitment threshold for the achievement of the domestic
component level for each type of infrastructure in the public works and public housing sector.
Recently, the Government has issued Minister of Public Works and Housing Decree Number 602/KPTS/M/2023 on the Domestic
Component Level Regulation for Construction Services (“MoPWH Decree 602/2023”), based on the following considerations:
3. OBLIGATION TO USE DOMESTIC PRODUCTS
A H R P L e g a l B r i e f
Domestic Products are goods and services, including design and engineering, produced or
performed by companies which conduct investments and production in Indonesia, by employing
manpower of Indonesian citizens entirely or partly, and which process uses domestic raw materials
or components entirely or partly.
The obligation to use domestic products shall be conducted in the planning and
implementation stages of the procurement of goods/services.
Art. 1 (21) GR 29/2018 jo. Art. 58 (1) GR 29/2018
The domestic products must be utilized by:
state institutions, ministries, non-ministry government institutions, and regional working
units are required to comply with the procurement regulations when acquiring
goods/services. This obligation applies when their funding originates from state and
regional budgets, including domestic or offshore loans or grants; and
state-owned enterprises, regionally-owned enterprises, and private enterprises that
receive financing from state and regional budgets for the procurement of goods/services,
or engage in work activities through government-private enterprise cooperation, or utilize
state-controlled resources.
Art. 86 (1) of Law 3/2014
Parties who are Required to Use Domestic Products
Use of Domestic Products Component
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4. Verification. Activity to calculate TKDN value of goods/services
and Company Benefit Weight Value based on data taken or
collected from business activities of a goods manufacturer,
services company, or provider of the combination of goods and
services.
Art. 1 (26) GR 29/2018
VERIFICATION AND CERTIFICATION OF
TKDN
Certification
A H R P L e g a l B r i e f
The calculation and verification
on the amount of TKDN value
and Company Benefit Weight
Value shall be conducted through
TKDN certification by the Minister
of Industry.
Art. 70 (1) GR 29/2018
The Minister of Industry, in
calculating and verifying the
amount of TKDN value and
Company Benefit Weight value
may appoint a relevant
independent verification agency.
Art. 70 (2) GR 29/2018
Producers of goods, service
providers, or providers of both goods
and services holding industrial
business licenses, as prescribed by
laws and regulations, are required to
undergo verification.
Art. 70 (3) GR 29/2018
Calculation of TKDN value and
Company Benefit Weight value
must refer to provisions and
procedures for the calculation of
TKDN value and amount of
Company Benefit Weight value.
Art. 70 (4) GR 29/2018
Results from the calculation and
verification of the value of TKDN
for goods and Company Benefit
Weight value shall be validated
by an official appointed by the
Minister of Industry in the form of
a TKDN certificate.
Art. 70 (5) GR 29/2018
The amount of value of TKDN for goods
and/or Company Benefit Weight value
specified in the TKDN certificate shall
be specified in the inventory list of
domestically produced goods/services
issued by the Ministry of Industry.
Art. 70 (6) GR 29/2018
Industrial companies as
producers of goods shall
specify the amount of value
of TKDN for goods that
have been validated on the
label of the products.
Art. 71 GR 29/2018
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5. CALCULATION ON TKDN (1/2)
%TKDN = Domestic Component Production Cost x 100%
Total Production Cost
TKDN of goods is calculated based on a comparison between
the price of finished goods, minus the price of foreign
components to the price of finished goods, namely production
costs incurred to produce goods ("TKDN for Goods").
Art. 2 (1) and (2) MoI Reg. 16/2011
The calculation of the TKDN for goods is based on accountable
data. If the data used cannot be accounted for, the TKDN value
for the respective component is considered to be zero.
Art. 7 (1) and (2) MoI Reg. 16/2011
TKDN on Goods
Direct
Material
Cost
Direct
Labor
Cost
Indirect Factory Cost
o Specifications;
o Unit of measurement
for materials;
o Country of origin;
o Supplier;
o Quantity used; and
o Purchase price of
materials.
o Position;
o Qualifications;
o Nationality;
o Quantity;
o Work allocation;
and
o Monthly salary.
Indirect Labor Cost Work Equipment/Facilities Cost Other Indirect Factory Costs
o Position;
o Qualifications;
o Nationality;
o Quantity;
o Work allocation; and
o Monthly salary.
o Proof of ownership;
o Machine name;
o Specifications;
o Number of machines;
o Allocation; and
o Depreciation value/rental cost.
o Supplier;
o Management cost; and
o Allocation of usage.
Based on Minister of Industry Regulation Number 16/M/-IND/PER/2/2011 of 2011 on Provisions and
Procedures for the Calculation of Domestic Component Level (“MoI Reg. 16/2011”)
A H R P L e g a l B r i e f
TKDN on Goods
6. TKDN on Services is calculated for each service provision.
Art. 9 (1) MoI Reg. 16/2011
TKDN of Goods and Services is calculated based on the comparison
between the total price of the combined goods and services, subtracted
by the price of combined foreign goods and services, divided by the total
price of the combined goods and services (“Combined TKDN of Goods
and Services”).
Art. 11 (1) MoI Reg. 16/2011
CALCULATION ON TKDN (2/2)
%TKDN = Domestic Component Service Cost x 100%
Total Service Cost
TKDN on Services
Project Management and Engineering Cost
Construction / Fabrication Cost
General Service Fee
Work Equipment / Facilities Cost
o Position;
o Qualifications;
o Nationality;
o Quantity;
o Work duration; and
o Unit wage rate.
o Specifications/
qualifications;
o Supplier;
o Quantity; and
o Unit price.
o Position;
o Qualifications;
o Nationality;
o Quantity;
o Work duration; and
o Unit wage rate.
o Proof of ownership;
o Machine name;
o Specifications;
o Number of machines;
o Usage duration; and
o Depreciation value/rental cost.
TKDN on Services is calculated based on the comparison between the
total price of domestic services subtracted by the price of foreign
services, divided by the total price of services (“TKDN on Services”).
Art. 8 (1) MoI Reg. 16/2011
The calculation of TKDN on Services is based on accountable data. If
the data used cannot be accounted for, the TKDN value for the
respective component is considered to be zero.
Art. 10 (1) and (2) MoI Reg. 16/2011
%TKDN = Domestic Component Combined Cost x 100%
Total Combined Cost
Combined TKDN on Good and Services
Goods
Services
o Direct material cost; and
o Tool cost.
o Project management and engineering cost;
o Construction cost;
o Fabrication cost;
o General service fee; and
o Work equipment/facilities cost.
Combined TKDN of Goods and Services is calculated for each
combined goods and services provision.
Art. 11 (3) MoI Reg. 16/2011
The Combined TKDN of Goods and Services is used in the
calculation of TKDN for both construction projects and integrated
construction projects.
Art. 11 (6) MoI Reg. 16/2011
The calculation of the Combined TKDN of Goods and Services is
based on accountable data. If the data used cannot be accounted for,
the TKDN value for the respective component is considered to be
zero.
Art. 12 (1) and (2) MoI Reg. 16/2011
A H R P L e g a l B r i e f
TKDN on Services Combined TKDN on Goods and Services
7. MoPWH Decree 602/2023
MoPWH Decree 602/2023 determines the minimum threshold for the TKDN for
construction works, consultancy services and integrated construction works
used by a Commitment Making Official (Pejabat Pembuat Komitmen/PPK) as a
reference in determining the minimum threshold for TKDN value in selection
documents.
The Commitment Making Official is required to calculate the TKDN by based on
the Self-Estimated Price (Harga Perkiraan Sendiri/HPS). This calculation aims
to ensure compliance with the minimum TKDN threshold value as specified in
the Appendix of MoPWH Decree 602/2023.
The minimum threshold for TKDN value shall be applied to all types of
procurement of construction works, consultancy services, and integrated
construction works which are financed by the State Revenue and Expenditure
Budget (Anggaran Pendapatan and Belanja Negara/APBN).
The minimum TKDN value for construction works and consultancy services are
set out in the Appendix of MoPWH Decree 602/2023.
Team for Increasing Domestic Product Utilization (Peningkatan Penggunaan
Produk Dalam Negeri/P3DN) at the Ministry of Public Works and Public
Housing shall conduct periodic monitoring and evaluation at least once a year
on the implementation of minimum threshold for TKDN value in construction
works, consultancy services and integrated construction works at the Ministry of
Public Works and Public Housing.
The results of the monitoring and evaluation shall be used to make
adjustments to the minimum threshold for TKDN value in construction works,
consultancy services, and integrated construction works.
In the event that the minimum TKDN value for the construction work and the
integrated construction work that will be undertaken has not been contained
in the Appendix of MoPWH Decree 602/2023, the Commitment Making
Official shall determine the minimum TKDN value for the construction work of
at least 25% (twenty-five percent) including work financed by foreign
loans/grants.
The minimum threshold for TKDN value for construction works, consultancy
services and integrated construction works as set out in the Appendix of
MoPWH Decree 602/2023, may be used as a reference for stipulating the
minimum TKDN threshold for construction works and consultancy services
at ministries/agencies/regional apparatus.
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A H R P L e g a l B r i e f
8. A H R P L e g a l B r i e f
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Water Resources Sector
Construction of Dam 60% Directorate of Dams and Lakes, Directorate
General of Water Resources
Revitalization of Lake 70%
Revitalization of Reservoir 70%
Construction of Weir 70% Directorate of Irrigation and Swamps, Directorate
General of Water Resources
Rehabilitation of Weir 70%
Construction of Irrigation Network 75%
Rehabilitation of Irrigation Network 65%
Construction of Swamp Area 75%
Rehabilitation of Swamp Irrigation Area 65%
Construction of Raw Water Transmission 50% Directorate of Groundwater and Raw Water,
Directorate General of Water Resources
Increase in Raw Water Transmission 75%
Rehabilitation of Raw Water Transmission 75%
Construction of Groundwater Irrigation Network
(Jaringan Irigasi Air Tanah)/Groundwater Wells
60%
Increase in Groundwater Irrigation Network
(Jaringan Irigasi Air Tanah)/Groundwater Wells
75%
Rehabilitation of Groundwater Irrigation Network
(Jaringan Irigasi Air Tanah)/Groundwater Wells
75%
Construction of Retention Basin 75%
Increase in Retention Basin 80%
MINIMUM THRESHOLD OF TKDN FOR CONSTRUCTION SERVICES
Based on Appendix of MoPWH Decree 602/2023
Construction Works
9. A H R P L e g a l B r i e f
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Water Resources Sector
Rehabilitation of Retention Basin 80% Directorate of Groundwater and Raw Water,
Directorate General of Water Resources.
Procurement of Characteristic Goods/Services 80%
Operation 80% Directorate of Operational Development and
Maintenance, Directorate General of Water
Resources
Routine Maintenance 80%
Periodic Maintenance 80%
Procurement of Characteristic Goods/Services 40%
Operation 50% Sidoarjo Mud Control Center, Directorate General
of Water Resources
Routine Maintenance 75%
Periodic Maintenance 25%
Increase 60%
Procurement of Characteristic Goods/Services 25%
Construction of Flood Control 60% Directorate of Rivers and Coasts, Directorate
General of Water Resources
Increase in Flood Control 60%
Rehabilitation of Flood Control 60%
Construction of Coastal Guard 70%
Increase in Coastal Guard 70%
Rehabilitation of Coastal Guard 70%
Construction of Chekdam/Sabo Dam 70%
Increase in Chekdam/Sabo Dam 70%
Rehabilitation of Chekdam/Sabo Dam 70%
MINIMUM THRESHOLD OF TKDN FOR CONSTRUCTION SERVICES
Based on Appendix of MoPWH Decree 602/2023
Construction Works
10. A H R P L e g a l B r i e f
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Human Settlements Sector
Development, Increase and Expansion of
Drinking-Water Supply System (Sistem
Penyediaan Air Minum/SPAM)
30% Directorate of Drinking-Water, Directorate General
of Human Settlements (Cipta Karya)
Construction of Community-Based Settlements
(Cipta Karya) Drinking-Water Supply System
(Sistem Penyediaan Air Minum/SPAM)
50%
Wastewater Management System 50% Directorate of Sanitation, Directorate General of
Human Settlements
Community-Based Wastewater Management
System
50%
Waste Management System 30%
Community-Based Waste Management System 50%
Construction, Development, Restoration and
Rejuvenation of Residential Areas
45% Directorate of Regional Development Settlements,
Directorate-General of Human Settlements
Construction of Community-Based Settlement
Infrastructure
85%
National Tourism Strategic Area (Kawasan
Strategis Pariwisata Nasional/KSPN) and
National Strategic Projects
65%
Arrangement, Construction and Rehabilitation of
Buildings and Areas
45% Directorate of Building Arrangement, Directorate
General of Human Settlements
Border Posts (Pos Lintas Batas Negara/PLBN) 40%
Rehabilitation and Arrangement of Cultural
Heritage Buildings, Palaces, Traditional
Settlements and Tourism Destinations
45%
Construction, Rehabilitation and Renovation of
Higher Education Facilities
35% Directorate of Strategic Facilities, Directorate
General of Human Settlements
Construction, Rehabilitation and Renovation of
Elementary, Secondary, Madrasah and Religious
Schools
45%
Construction, Rehabilitation and Renovation of
Sports Facilities
60%
Construction, Rehabilitation and Renovation of
Market Facilities
50%
MINIMUM THRESHOLD OF TKDN FOR CONSTRUCTION SERVICES
Based on Appendix of MoPWH Decree 602/2023
Construction Works
11. A H R P L e g a l B r i e f
MINIMUM THRESHOLD OF TKDN FOR CONSTRUCTION SERVICES
Based on Appendix of MoPWH Decree 602/2023
Construction Works
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Highways Sector
Construction of Road 70% Directorate of Road Development and
Directorate of Freeways, Directorate General
of Highways (Bina Marga)
Opening and Establishment of New Roads 65%
Preservation 65% Directorate of Road and Bridge Preservation
Region I and II, Directorate General of
Highways
Mitigation of Landslide 65%
Bridge Construction 70% Directorate of Bridge Construction,
Directorate General of Highways
Bridge Replacement 70%
Flyover Development 60%
Bridge Duplication 65%
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Housing Sector
Construction of Multistory Housing 45% Directorate of Multistory Housing, Directorate
General of Housing
Construction of Special Housing 55% Directorate of Special Housings, Directorate
General of Housing
Infrastructure Type Minimum TKDN Threshold Supporting Work Unit
Water Resources Sector
Consultancy Services 60% All Work Units of the MoPWH
Consultancy Works
12. We will continue to follow the developments on this topic and provide additional information as it becomes
available. If you have any questions on this topic, please contact:
Yohanes Partogi Napitupulu
partogi@ahrplaw.com
Zaneta Axel Winata
zaneta@ahrplaw.com
Thea Mutiara
thea@ahrplaw.com
This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not
intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee concerning
the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your
circumstances before deciding to take any action.
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