Indonesian Company Law


Book Description

The enactment of the law concerning the limited liability company (Undang-Undang Tentang Perseroan Terbatas or UUPT) applies to all new companies incorporated in Indonesia, including foreign joint venture companies. This text provides a thorough English translation and explanation of the UUPT text, along with a detailed article by article commentary.




Indonesian Company Law


Book Description

In modern countries, a company is commonly categorized as either public or privately-held, depending on whether securities are publicly traded on the open market, into a government-owned company or private company depending on government ownership, or a financial company or non-financial company depending on its main business, and so on. Of course, these categories are generally used in Indonesia as well. A unique aspect in Indonesia is that a well-settled legal practice mainly uses a dichotomy of company types that is rarely popular in foreign countries: a company with foreign direct investment (penanaman modal asing, or PMA) or company with 100% domestic direct investment (penanaman modal dalam negeri, or PMDN). Government plans concerning how to differently regulate these companies frequently becomes a national issue, as it is one of the main standards to evaluate how effectively and willingly the Indonesian government develops its economic policies. Laws, regulations, and actual legal practice also treat the two types of companies differently, based on whether a company has a foreign shareholder. Although many foreign countries are also equipped with similar regulations over companies with foreign direct investment, Indonesia distinctively applies this dichotomy for much wider uses for several reasons. This book is designed to assist students, practitioners, and researchers with clear and comprehensive treatment of key concepts in Indonesian company law. Significant business, economic, and policy issues are highlighted together with a thorough analysis of the important statutory provisions and cases used in the study of Indonesian company law. The book includes the major theoretical approaches used in current company law literature and statutory issues are covered under both the 2007 Indonesian Company Act and the 2007 Indonesian Capital Investment Act. The book will be an essential reference for investors and businesses contemplating entering the Indonesian Market.




Corporate Governance


Book Description

Emerging markets are becoming important engines of global growth. These markets, such as the transition economies in Europe and Central Asia, are viewed with increasing interest by foreign investors as private sector participation grows, as regulatory reforms take effect, and as individual firms focus on elevating their business practices to align with international standards. In fact, foreign direct investment inflows to transition economies increased by 28 percent to reach $108 billion in 2013, according to the United Nations Conference on Trade and Development. Sound corporate governance is a critical element in helping these emerging markets meets their full economic potential. Good corporate governance, defined as the structures and processes by which companies and banks are directed and controlled, helps firms operate more efficiently, improves access to capital, mitigates risk, and safeguards against mismanagement. Good governance also facilitates appropriate consideration of other critical issues for enterprises, including environmental and social responsibility. It is the foundation for long-term business growth and sustainability, adding value for investors and contributing lasting dividends for economies. Companies and banks, particularly those in emerging markets that are focused on improving their corporate governance can look to a growing body of evidence that such efforts matter, yielding bottom line benefits, reputational enhancements, and competitive differentiation. In one study of note, the Emerging Market Investor Survey, 100 percent of the investors interviewed said they will pay a higher premium for good governance in an emerging market firm than what they would pay for a similar firm in a developed market. As companies and banks in Europe and Central Asia find their place on the world's economic stage, efforts to enhance governance practices are helping them reduce their business risks, improve performance, and set the course for long-term success and profitability.




Doing Business 2020


Book Description

Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.




The Juridification of Business Ethics


Book Description

This book provides a theory of the juridification of business ethics. Ethical codes pop up everywhere in the business world and increasingly resemble the code of law. A focus on compliance rather than reflection becomes the norm. Legal perspectives replace ethical perspectives, turning ethicists into lawyers without a law degree. This juridification of business ethics conceals a diminishing trust in ethics, as legal reasoning substitutes philosophical thinking. By appealing to the critical study of law, Bart Jansen advocates for a renewed focus on the ethical side of business. This book shows the importance of a good balance between law and ethics in business and is of great interest to both academics and professionals.




Company Law and Sustainability


Book Description

This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.




Indonesian Law


Book Description

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.







Corruption and Law in Indonesia


Book Description

"Post-Soeharto Indonesia is now at a critical juncture. Many defining characteristics of the 33 years of Soeharto's authoritarian rule have been discarded. Indonesia has transformed from one of Southeast Asia's most repressive and centralised political systems to its most decentralised and democratic. Its judiciary is has been made largely independent of government; economic development is solid; and its Constitution now boasts a world-standard Bill of Rights. Yet obstacles remain to Indonesia achieving the "rule of law". In particular, Indonesia is consistently rated as having some of the highest levels of corruption in the world, often attributed to the continuing influence of Soeharto-era powerbrokers and their prot©♭g©♭s. Pervasive corruption is said to hamper economic growth and prevent governance reforms aimed at improving transparency and accountability, leading some commentators to question the "quality" of Indonesian democracy and, ultimately, the longevity of post-Soeharto reform. The focus of this book is to highlight the "pushback", led by powerful entrenched political interests, against the Anti-Corruption Commission (KPK) and the Anti-Corruption Court, through legal process. The book shows that the KPK has been the target of systematic efforts aimed at undermining its success in corruption cases and, ultimately, bringing it down"--




Women and Sharia Law in Northern Indonesia


Book Description

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women’s rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women’s freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation’s current trajectory; that the introduction of Islamic law has motivated women’s NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia’s recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.