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TRADE AND INVESTMENT
2010, 2009, 2008
[June 2010]
Hundreds of Indonesian Lecturers and Researchers Now
Serving in Malaysia.
The said numbers are now serving their knowledge in
Malaysia’s education institutions
from high school to major
universities in Malaysia. The
demands of Indonesian lecturers and
researchers are so high since
Malaysia has limited Malaysian
educated human resources. According
to the Chief of Indonesian Lecturer
and Researcher Association in
Malaysia (ILRAM), DR. Riza Muhadi,
the Indonesian researchers spread in
many areas of knowledge. Riza whom also a lecturer a
Malaysian International Islam
University (UUIM) and the chairman
of International Indonesian
Scientist Community, these
Indonesian highly-international
caliber scientist returned home,
following the studies abroad, then
make their way straight to Malaysia. The statistic
shows significant increase in the
last 4 years, for example,
Indonesian lecturers in UUIM has
reached 40, and keep increasing 4 to
5 peoples, annually. Indonesian
lecturers also achieve appreciation
in Malaysia, as Dr. Seca Gandaseca,
lecturing in Universitas Putra
Malaysia, was awarded as best
lecturer. IIUM, also DR. Irwandi Jaswir as the best
researcher in 2009, defeated other
competitors from Malaysia and other
countries. He also the best young
scientist in Asia-Pacific and
represented IIUM and Malaysia. The
most interesting part is, that
surprisingly those Indonesians
migrants keep their Indonesian
nationalities and spirit as
Indonesians.
New 2010 Investment Negative List.
The list of Presidential
Regulation No. 36 Year 2010, extend
opportunities for business
investors, which also amend limits
of shares ownership in eight
business sectors. The new list do
not applied retroactively for
business concluded prior to the new
list, unless regulated otherwise.
Some of the list are: special
permit for Cyclamate and saccharin
industry , increase from 55% to 67%
to foreign ownership in construction
service, maximum of 49% shares in
technical movie products, increased
from 65% to 67% at all location for
medical sector (specialist hospital,
specialist clinic, health support
service or clinic laboratory and
medical check up), maximum 95%
shares for electricity generator
above 10MW and partnership required
from 1 to 10 MW, maximum 49% for
agricultural production in staple
food (corn, rice, soy bean) with
land above 25 hectare, maximum 49%
for mail service with special
permit. However construction data
provider to BTS remain closed to
domestic investment.
[May 2010]
The Indonesian Fair Trade Commission
- KPPU Called For Temasek Penalty
Payment.
Temasek, a Singapore company
is subject to pay Rp. 30 billion
penalty following the rejection over
verdict review by the Indonesian
Supreme Court over the cross
ownership case in Indosat and
Telkomsel, both Indonesian major
telecommunication company who
Temasek own significant shares. The
rejection indicated Temasek’s legal
rights meet its last resort. The
decision to pay has been since
December 2009 expected to be carried
soon after the rejection.
Background: The case
initialized in November 19 2007,
KPPU ruled that Temasek’ shares
ownership in both telecommunication
service company, Telkomsel and
Indosat, violated Law 5/1999 on
Restriction on Monopoly and
Unfair Trading. Temasek, beyond
reasonable doubt, was found guilty
in violating article 27 a Law
5/1999. According to the article,
business person is restricted to
possess majority shares in same
types companies with same main
business activity, same market, one
business person or group whom
control 50% of market segment or
particular services or goods. AS a
result, KPPU ordered Temasek
Holdings to end its shares ownership
at both companies by releasing all
its shares in one company or by
reducing 50% ownership in each
company, not later than two years
after the verdict has been declared
final and binding. Reluctant to hear
the verdict, Temasek Holding Ltd, ST
Telemedia Pte Ltd, STT Communications
Ltd. (STT), Asia Mobile Holding
Company Pte Ltd (AMHC), Asia Mobile
Holdings Pte Ltd, Indonesia
Communications Limited, Indonesia
Communications Pte Ltd, Singapore
Telecommunications Ltd, Singapore
Telecom Mobile Pte Ltd, appeal the
verdict to Central Jakarta District
Court. In fact, Court strengthened
KPPU’s decision. Supreme Court also
rejected their appeal through MA
verdict Number 496 K/Pdt. Sus/ 2008
at 10 September 2008. Temasek was
ordered to release its shares in
Indosat and Telkomsel. Temasek agree
to release it, but the release was
given to Qatar Telecom, one of
Temasek partner companies, through
STT. Still, Temasek also must pay
Rp.15 Billion penalty to State.
Temasek states its pursuance to the
verdict and waiting the paying order
from the Court, since the verdict is
still a publication, said Deputy of
Corporate Secretary, Ersyah Marianto.
PT Telkomsel Tbk. as the holding
company and majority-share holdes of
Telkomsel mentions its intention to
study the verdict. The verdict
however will effecting shares
ownership in Telkomsel, and
coordination for further steps is
needed, said Vide President
Marketing and Communication Telkom,
Eddy Kurnia.
KPPU: Twenty Indonesian Cooking Oil Producers Involved in
Cartel Pricing.
The Indonesian Fair Trade and Business Competition
Commission (“KPPU”) decided
twenty cooking oil producers are
guilty for cooking oil cartel
pricing and fined with total Rp.290
billion, which damaging consumers at
Rp.1.27 trillion for packed cooking
oil and Rp.374.29 billion for bulk
cooking oil during the period of
April until December 2008. The said
verdict number 24/KPPU-I/2009
decided the activity violated
article 4, article 5, and article 11
Law Number 5 year 1999 concerning
Restriction on Monopoly and Unfair
Trading. The court session which
brought by Chief Dedie S.
Martadisastra, and Yoyo Arifardhani
and Didik Akhmadi, decided companies
as follows – amongst other- are in
violation with the said law: (in
bulk cooking oil market) Multimas
Nabati Asahan, Sinar Alam Permai,
Wilmar Nabati Indonesia, Multi
Nabati Sulawesi, Agrindo Indah
Persada, Musim Mas, Intibenua
Perkasatama, Megasurya Mas, Agro
Makmur Raya, Nikie Oleo Nabati
Industri, Indo Karya Internusa,
Smart Tbk, Berlian Eka Sakti Tangguh,
and Asian Agro Agung Jaya, (in
packed cooking oil market): Multimas
Nabati Asahan, Sinar Alam Permai,
Multi Nabati Sulawesi, Smart Tbk,
Salim Ivomas Pratama dan Bina Karya
Prima.
KPPU: Nine flag carriers Condemned of Cartel Activity.
Again, the Indonesian Fair
Trade and Business Competition
Commission (“KPPU”) decided
nine airways companies guilty for
cartel activity accusation on fuel
surcharge for Rp.587 billion. The
airways companies were said beyond
reasonable doubt violated article 5
Law Number 5 Year 1999 which
restricts collective costing. They
are fined Rp.80 billion, calculated
from excess of fuel surcharge
applied by the airways companies
which compared to the cost on May
2006 or reference from
Transportation Ministry. KPPU
mentioned that from 2006 to 2009,
there are Rp.13.84 trillion excess
of fuel surcharge applied by the
airways companies compared to
estimation reference cost. This
reference itself was made according
to the signed agreement between Head
of National Aviation Association (“INACA”)
and nine airways companies at May, 4th
2006 which mentioned the cost will
be at average Rp.20 thousands per
passenger. However, airways
companies still apply the agreement,
even it had been revoked. Meanwhile,
there is Rp.5 trillion excess
existed from the fuel surcharge
compared to Transportation Ministry
reference cost, from 2008 until
2009. The airways companies also
forced to pay damage to the state
for Rp.507 billion, as the excess
has damaged the passengers ranging
from fines of Rp.25 billion plus
damages of Rp.162 billion (Garuda
Indonesia) to Rp.9 billion fine and
damage Rp.62 billion (Sriwijaya
Air). All fines and damage costs
will be used to renovate airport and
public facility. The other charge
mentioned that the companies has
violated article 21 for infringement
when decided production cost was not
proven. KPPU mentioned some factors
aggravated its decision, as Garuda
has conducted the violation
repeatedly. KPPU also blame the
companies for still applying fuel
surcharge nevertheless Minister
Stipulation Number 26/ 2010 ordered
to abolish fuel surcharge per April
14th 2010. The
stipulation was the revision of
Minister Stipulation Number 9/2002.
[April 2010]
Amnesty Calls for Migrant Worker
Protection in Malaysia.
The
calls for Malaysian
government are of the facts found by
the Amnesty International, that
migrant workers are misleaded and
cheated by the Malaysian employers
and its agents for good work and
high salary, in order to evade
poverty, a fact far from reality for
they being tortured and exploited.
Workers found their working
condition deemed as labor
exploitation. In the report called
“Trapped- The Exploitation of
Migrant Workers in Malaysia”,
further details that Malaysia highly
depends on the migrant workers from
Bangladesh, India, Indonesia, Nepal,
Myanmar, Filipina and Vietnam, to
work at sectors such as construction
site, factory, restaurant, domestic
working, oil-palm plantation and
other job which avoided by local
workers. However, the employers’
treatment are far from equal, such
as improper salary, unsafe working
condition, illegal detention and
extortion by Malaysian officer with
criminal –like approach. The report
by the Director of Policy, Michael
Bochenek, documented a wide
exploitation in Malaysia, in every
sector of works, and no effective
inspection system in working area
and no effective compensation given
to workers for their individual
claims. The report is based on more
than 200 workers (legal or illegal)
in July 2009. The report also urge
Malaysia Government to upgrade
inspection on working places and
conduct judicial process upon the
migrant abuse, since they fail to
serve their responsibility to
prevent violation, including
exploitation, enforced work, and
human trafficking. However as usual,
the Malaysian denied the facts,
where later then Amnesty found that
Malaysian officers often misuse
their authority by arresting migrant
workers, make a trick on the workers
by searching documents, just to end
up with forcing the workers to give
them some money. Indonesia has
earlier responded by not sending any
migrant workers since June 2009
until present.
[March 2010]
Modern retail market dominates in
Jakarta.
The
fast-growing market has
beaten traditional market in Jakarta
by number. Modern retail market is
addressed to mini-market,
supermarket, department store,
convenience store, and hypermarket.
While traditional market is mostly
known as market in traditional way,
multiple seller spread in one area
and sell different kind of goods.
The figure shows that during the
period of 2005-2008, the increase of
the modern retail market is at 117%
(from 1.014 units to 2.196 units),
while traditional market has not
build any market (zero percentage
number). Among the development of
modern retail market in Indonesia,
mini-market has shown extraordinary
number, as shown by a research for a
period from 2003-2008. The figure
shows growth 2,058 units to 7,301
units - 254% increase (for
minimarket), and (54 units to 135
units - 150%) for Hypermarket ,
respectively. In terms of area,
modern retail market mostly operated
in West Java province, with Jakarta
in the second position. Both then
combines in an area called
Jakarta-Bogor-Depok-Tangerang-Bekasi
– Jakarta and its satellites (“Jabodetabek”)
as the central of modern retail
market spread. Hypermarket remain
the largest in Jakarta (represents
1/4 in Indonesia). Jakarta to
Jabodetabek comparisons chart shows
that, mini-market 1.841 units of
4.939 (37.3%), supermarket 200 of
336 (59.5%), department store 120 of
217 (55.3%), hypermarket 35 of 70
(50%). While the figure for the
whole modern retail markets Jakarta
to Indonesia represents mini-market
25.4%, supermarket 17.4%, department
store 19.3%, and hypermarket 25.3%.
The figure for traditional markets
in Jakarta per 2008 are 151 units,
spread in West Jakarta 27 units,
North Jakarta 23, Central-Jakarta
39, East Jakarta 33, and South
Jakarta 29. Total of stalls spread
in the 151 units traditional market
are 98,705 units. Total average
visitors in the traditional markets
in Jakarta each day are 2 million
people.
Medicine Cartel under KPPU
Invesigation.
The
2 months preliminary
examination investigation by the
Indonesian Anti Trust Auditor
Commission (“KPPU”) is on allegation
conducted by several business
entities of pharmacies that lead to
anti trust. The findings indicated
of phenomena of industrial
concentration and high price of
particular medicine types. KPPU
monitoring particularly conducted on
therapeutic class, after patent
right of the originator medicine has
expired. The allegation raised based
on the consideration that
pharmaceutical industry as strategic
sector to national economic due to
its domestic market-development
potency. Type of allegedly medicine
cartel are amplodipine class,
consist of Amdixal (Sandoz), Divask
(Kalbefarma), Norvask (PT Pf),
Tensivask (PT DM) with market
concentration 55.8% in PT. Pf and
30% in PT. DM, and concentration
ratio (CR4) for 93%. Amlodipine
product is medicine that contains
dihydropiridine derivative
calcium-channel blockers which
specifically used for cardiovascular
related-disease and expire its
patent period in 2007. Price of two
primary brands for amlodipine class,
Norvask and Tensivask, are far above
their generic medicine. In respect
of preliminary examination, KPPU has
scheduled examination agenda
addressed to Respondent I (PT. Pf)
in 8 March and Respondent II (PT.
DM) in 9 March.
22 Migrant Worker Placement Private
Organizer License, Revoked.
Ministry of Manpower and
Transmigration Muhaimin Iskandar,
has revoked mobilization permits of
22 Migrant Worker Placement Private
Organizer (“PPTKIS”) for
committing various infringements.
The action was also taken as a
warning to other PPTKIS, to bear
responsibilities in case the migrant
worker suffers damages, said by
Minister Muhaimin Iskandar. Muhaimin
stated that several infringements
that frequently committed are
deserved for sanction. Some of the
infringements, among others, are
placing workers without fulfilling
200 hours training, improper living
place, permit misuse and indication
of fraud to migrant workers recruit.
Violation also occurred upon article
13 Law Number 39 Year 2004 for not
depositing Rp.500 million used for
responsibility guarantee to any
probability of violation. Many
migrant workers claimed from
suffering damage and bad experiences
during placement period caused by
PPTKIS negligence. Protecting the
migrant worker is obligatory to both
government and placement
organization, and that from 500
private placement organizations in
Indonesia, only a half considered
good. The rest are still able to be
corrected but some must be shut
down, according to the Minister.
Thus, Ministry will cooperate with
independent auditor to conduct audit
to PPTKIS and standardize service to
migrant worker. The actions were
taken to increase service standard
to develop PPTKIS. If violation are
found during the audit, the
implication are various depends on
the violation level, whether
correction to increase the service,
warning, or assertive sanction
measure. Violation in certain cases
involving money and criminal aspect
will be engaged by law procedure.
Those 22 private placement
organizations are: PT Fim Anugerah,
PT Tulus Widodo Putra, PT Putri
Bersaudara, PT Nour Mansour Abadi,
PT Barokah Bersaudara, PT Zaya Abadi
Ekasogi, PT Jasa Makmur Sejahtera,
PT Maju Puta Dewangga, PT Irfan Jaya
Saputra, PT Gabila Wadi Amed, PT
Muara Mas Globa, PT Assalam Karya
Manunggal Putra, PT Bafa Anugerah
Persada, PT Permata Gobel Sejahtera,
PT Amrita Mahesa Prima, PT Multi
Sukses Putranto, PT Dwi Insan Setia
Utama, PT Bintang Lima, PT Prime
Global Manpower, PT Bin Hamoud
Safarindo, PT Asia Primadona Pratama,
PT. Assalam Bersaudara.
Indonesian Government Finance
Consultants to be European
Government Consultant. The
recent request of the Indonesian
government finance consultants to
foreign finance institutions (such
as Spain and Portugal) was conveyed
by the Indonesian Secretary of
Finance to the World Bank Head of
Delegation in Indonesia. The
statement instead of an arrogant
one, was triggered by the success
story of Indonesian finance
consultant to curb the ratio
decrease to level 30% (October 2009)
from 89% debt ratio to GNP (2000).
Early in January 2010, the world was
shocked by debt crisis potential in
Europe. Public debt of 16 European
Union members came to average of 84%
of Gross National Product (“GNP”) in
2010, beyond the maximum 60% of GNP
limit of public debt, according to
Development and Stability Pact.
Germany which known for its
strictness to maintain fiscal
stability has been suffered 78% of
GNP rising on public debt this year.
France public debt has attained
75.8% of GNP on III quarterly period
of 2008, while Greece already in the
level 120% of GNP in 2010 (Kompas,
January 4, 2010). In Asia, Japan’s
debt was estimated to reach 53.5
trillion yen, equal as US$ 597
billion, in undergoing budget period
1April 2009-31 March 2010, which
already a record for this country.
[February 2010]
Generic Medicine Drugs
Regulation.
According to statistics released by
the Ministry of Health, Rp2,52
trillion are those market sold of
generic drugs as to compared to Rp
21,07 trillion of those patented
drugs in year 2005, where in 2009
the figure is Rp 2,37 trillion to
Rp30,57 trillion, respectively. The
figure represents only 9-10%,
annually. Currently, there are 8-12
generic drugs pharmacy companies
where 3 are government-owned as to
compare to 204 private companies (31
are foreign investment pharmacies).
To resolve the high price, the
government has (out of 453 drug
types) reduced prices of 106 types,
33 increased and 314 remain. The
major problem according to private
pharmacies are those generic is less
popular, the cheaper price affect
people’ confidence over the effect
to cure, the law is unenforceable
and insufficient to control the
distribution and finally that
difference of pricing structure. As
a result, consumers are drawn and
compelled to buy patented 3.4 times
higher prices than the generic drug
with the equal cure effect, since
most clinics and hospitals do not
sufficiently promote and are much in
preference to sell patented drugs
due to free market system. The
recent Ministry Regulation HK.0202/Menkes/068/2010
article 4 now stipulate a clause for
doctors to compulsory include
generic receipt for patients
according their medical indications.
[January 2010]
KPPU: 8 Indonesian Companies Suspected for Cement Cartel Pricing.
The 8 cement companies are Holcim
Indonesia, Semen Andalas Indonesia,
Semen Padang, Semen Baturaja, Indo
Semen Tunggal Perkasa, Semen Gresik,
Semen Tonasa, and Semen Bosowa. The
said indication was the initial
findings by the Indonesian Anti
Monopoly Commission (“KPPU”), which
was seen by two companies raising
its prices at the same structural
level, a finding almost the same as
previous investigation where the
companies deliberately set up prices
through idle of production at the
factory. The practices caused price
increase as a respond to increase of
demand as the supply are limited, a
practice since 2006 until today. The
8 companies production reached 56
million tonnes, while the
consumption only 35 million, where
the idle production capacity was
approximately 21 million, the
together set up a uniform prices,
even higher when the coal prices
gone down in the market. Coal is
used as main energy in the factory.
Such practices breached Law 5 year
2009 on Cartel.
-----
2009
[November 2009]
Indonesia and Malaysia finally come
to an initial agreement over the
Indonesia Domestic workers in
Malaysia.
The said which issues are crucial
due to many human rights abuses by
the Malaysian Employers. The points
in agreements covers the issue of
minimum wages, paid insurance by the
employer, one day weekly leave,
passports hold by the employee and
finally compulsory psychological
test for employers prior to
employment. The Malaysian government
have objection over the paid
salaries, admitting that most
Malaysians homes are not in the
capacity to pay salary of 250 US
dollars per month to the domestic
workers, particularly after the
financial crisis where poor families
increases significantly in Malaysia.
Indonesia also urge psychological
test for Malaysian employers, since
in most cases of human rights abuses
towards Indonesian domestic workers
by the Malaysians are identified
that the most Malaysian employers
are mentally ill. Transparent and
qualified legal system is also
another issue in Malaysia, where
most criminal cases of human abuses
no yet settled.
[October 2009]
Indonesia at Strategic Level in G-20. The Indonesian President Susilo
Bambang Yudhoyono in his speech at
the G-20 in Pittsburgh last
September, welcomes the permanent
G-20 as an institution where
Indonesia is included. He expected
G-20 to bring a better civilization,
representing the east and the west,
and even Islamic Civilization and a
forum to build a much safer world.
He is of the opinion that G-20
replacing G-8, will play different
significant role than G-7 or G-8,
which both G-7 ands 8 only
represents developed countries,
mostly from Europe, except Japan as
Asian representation. Indonesia sit
at number 16 on the world’ big
economic growth.
Keris, Wayang and Batik, an Indonesian original Common World Heritage
of Mankind. Following the UNESCO
Recognition of Indonesia original
cultural world heritage of Keris and
Wayang since 2003, now UNESCO agreed
Batik (an Indonesian traditional
sheets used for clothing) as
Indonesia’ original cultural world
heritage since September 2009, a
ceremony to be held in Abu Dhabi 2
October 2009. The Common World
Heritage of Mankind of UNESCO is one
of three lists made under the UNESCO
2003 on the Protection of Cultural
Heritage of Mankind, where
Indonesian is one of the ratifying
country. The recognition is part if
the effortless Indonesian government
attempt since 2008, though projects
of intensive researches in the
field, involving the community and
Batik experts at 17 out of 33
provinces all over Indonesia. The
UNESCO after 2 years of
considerations by 6 countries,
considers that Batik indeed is
originally an Indonesian nation
cultural icon with unique of symbols
and philosophy of human life cycle.
It represents not only Indonesia,
but also mankind. Batik is
considered a traditional art with
rich of cultural values maintained
for generations. The Indonesian
Minister of Culture is now
attempting to include Angklung (a
traditional bamboo music
instruments), to be the next
recognition by the UNESCO.
[September
2009]
Dispute Over Songs between Indonesia
and Malaysia.
The Indonesian song titled ‘Terang Bulan’
and Malaysian national anthem called
‘Negaraku’, are exactly same in its
introduction and intonation, except
for the lyrics and patriotical beat for the Malaysian Anthem. According
to Lokananta, an Indonesian State
Enterprise in recordings, the
Indonesian ‘Terang Bulan’ song was
recorder by Lokananta in a choir
version at the Republic of Indonesia
Government Radio in 1956, a year
earlier to Malaysia independence.
The recorded song was copied into
phonograph and sited in Lokananta
Archive in 1965. Lokananta Archive
only stated that the said song is an
entertainment song or a popular
public song, in Keroncong genre
categorization, on 11 minute and 15
second duration and without a
composer name. The said song
rerecorded to a phonograph on 16
March 1965, together with 3 other
keroncong genre songs. ‘Terang Bulan’
was popular in Indonesia years
before recorded. The old generation
who lived on the era of the said
song must be agree that the
Malaysian national anthem ‘Negaraku’
was copied from ‘Terang Bulan’.
[July 2009]
Carrefour's Trading Term:
contrary to Article 17(1) Anti
Monopoly Law 5/1999. The
Indonesian Fair Trade and Business
Competition Commission or known as
the Anti Monopoly Commission warned
the Carrefour, giant retail business
in Jakarta to stop implementing a
compulsory terms to its suppliers
that leads to monopoly and unfair
trade practices. Carrefour has in
fact plays its significant role, a
dominant position to put its
suppliers with no choice. The
investigation was held 30 days by
the Commission, then suggest
Carrefour to adjust its terms
adequately particularly in
advertising materials and lot lease,
otherwise further code applies.
[June 2009]
Material Transfer Agreement agreed
by the World Health Assembly (WHA).
Indonesian Minister of Health
figured that 90% success has been
reached by the Indonesian party. It
is expected that with the SMTA,
Indonesia can get direct access for
the utilization (the progress, the
research, for vaccines uses and the
party who uses) of Indonesian
viruses or materials being shared to
the WHA. WHA is the highest World
Healthy Organization hearing forum.
Standard Material Transfer Agreement
(SMTA) is an agreement to share
viruses or sample.
[April 2009]
OECD released Lists of Countries
who commits to Banking Secrecy.
Malaysia, Philippines, Costa Rica,
and Uruguay are on the Organization
on Economic Cooperation Development
(OECD) version of Black List, which
consider as countries for safe
heavens for tax tariff embezzlers.
Those countries are on the list for
their unwillingness to cooperate in
the fight against international tax
crime and their refusal to adopt the
new rule on finance and banking
transparency. The said list was
announced on the G-20 High Level
Conference in London, where world
leaders threat those countries
through various sanctions. In
respond to this issue, th French
President responded by saying that,
the age of banking secrecy is over,
everyone is eager to put those tax
embezzlers on trial and drop a
sentence. The banking secrecy policy
be concerned will worsen the global
economic crisis because it’s
covering the real value of assets.
OEDC had divided countries into
three groups. First are countries
with full commitment to the rules
and willing to share its tax
information (the white list), such
as England, China, France, Germany,
Russia, and USA. Second are
countries commited but has done
nothing so far (the grey list), that
include Singapore, Belgium, Brunei
Darussalam, Chile, Antilles
(Nederland), Luxembourg, and
Bahamas, Bermuda, Cayman in the
Caribbean Islands, together with
Switzerland, Liechtenstein, Monaco,
and Alpine, which stated their
commitment to loosen their Banking
Secrecy Policy. Lastly, are
countries abovementioned which have
not agree to reform their banking
policy (the black list).
Anti Competition Committee (KPPU)
initialize Investigation on
Carrefour Suspected for Monopolizing
the Market. The investigtion are
based on the preliminary data for
its market domination toward
supplier reaching 66%, while its
market domination toward consumer as
to compare with other supermarket
and hypermarket reaching 40%,
Carrefour market domination
considered as law infringement. In
contrary, Carrefour admits that they
never dominate the market as it
said. If then the KPPU come to a
decision that the monopoly practice
does proven in this case, the
Temasek case of telecommunication
company domination might be
repeated.
[March
2009]
New Regulation for Foreign Pharmacy. The new regulation issued by the Minister of Health
Number 1010 year 2008, are a
compulsory to establish a pharmacy
plant in Indonesia to be called as
Pharmacy Industry, where pharmacy
industry are now entitled to
register drugs, drugs containing
narcotics for medical use, patent
drugs, be it locally manufactured or
directly imported. The regulation
also refuses suggestions as proposed
by group of international pharmacy
corporation to change their member
status form big seller into pharmacy
industry, since they do not have
factory in Indonesia. The major goal
are to protect society from drug
circulation to meet qualifications,
such as condition, security,
quality, and benefit. Under this new
regulation, foreign pharmacy who do
not own a factory falls under the
category as a big pharmacy seller (PBF),
where they activity are limited to
importing drugs from the original
factory, running administration and
dispensary.
WIEF: Jakarta Declaration by Islamic Countries.
The World Islamic
Economic Forum on its the 5th
conference in Jakarta,
Indonesia, declared the mutual
agreement between Islamic countries
called the ‘Jakarta Declaration’.
One of the important points is to
accommodating the Indonesian
government proposal, brought by the
Indonesian President Soesilo Bambang
Yudhoyono on the structuring the
support fund from and used by the
syariah (Islamic Law) economic based
countries or known by
Islamic
Expenditure Support Fund. The
Jakarta Declaration then establishes
seven groups of recommendation,
namely (1) recommendation to
overcome global financial crisis,
(2) steps to secure food product,
(3) energy protection, (4) the
global development of small and
medium size business, (5) the
development of business conducting
by women in Moslem country, (6) the
capacity development of young leader
in the Islamic Conference
Organization (OKI) country, and (7)
the agreement on education
development.
Indonesian and Australian Government
signed MOU on Visa.
The annual 100 double -function visa
is particularly designed for
Indonesian students both for holiday
and work, valid for students age of
18-30 years old subject to
requirements the ability to speak
both countries languages, healthy,
good behavior, and single. The aim
of this MOU is to provide chances
for Indonesian students to travel
and learn about the life, culture,
economy of the neighboring country,
while working as their source of
fund during holiday. Indonesia is
the 7th country in
agreement on the implementation of
this double function visa. The 100
initial visas is subject to
examination the upcoming year.
Indonesian and Australian Government
signed MOU Human Trafficking.
The MOU is to avoid the case where
Indonesia has become a pivot point
for this trafficking to Australia.
Both Indonesian Minister of Law and
Human Rights, Andi Matalata, and
Australian Minister of immigration
and Citizenship, Chris Evans agree
to discuss the details in the
upcoming Bali Peace Meeting, such as
Rohingya tribe from Burma. For the
latter particular case, Indonesia
has its policy to provide an
immigration detention house in
Tanjung Pinang, while seeks for an
integrated solution in a short time.
[February 2009]
PT Dirgantara Indonesia (PT DI) Get
C212-400 License.
Following the cooperation contract
with EADS CASA in November 2006, now
PT DI (an Indonesian State
Enterprise in aircraft manufacturing
since 1980) hold a license as a
producer and assembler of new type
of civil aircraft C212-400 along
with a production facility
from San Pablo. According to PT DI
President, PT DI is the only company
holding such license in the region,
which include a license on marketing
this aircraft both transportation
and military version for Indonesia
and ASEAN region. Due to PT DI,
instead of its potential market,
high demand of this type is shown as
indicated by 88 units ordered so
far, and will reach 155 units in the
next 7 years. The civil aircraft
212-400 has a similar body with the
C212-200 previously produced by PT
DI, but with a longer nose and a
“wing tip” that enable this aircraft
to take-off in the shortest runway.
In the early 2009, PT DI closed
procurement contract of one C212-400
aircraft unit with PT Airfast
Indonesia.
Malaysia to home-return 100.000
Indonesian Migrant Workers. The
statement was conveyed by the
Malaysian Manpower authority, where
those 100,000 out of 1,2 million
Indonesian migrant legal workers are
from manufacturing sectors. The
return are due to economic downfall
in Malaysia recently, where like
most country' policy, foreigners are
on the list to be dismissed to allow
local workers to remain to have a
job. However, to most employers,
most are in favor to Indonesian
workers since Indonesians meet all
the qualifications as workers with
dedication, loyal, diligent and
skillful, qualifications that Malays
do not posses so far in the
business, particularly job requires
skills and intelligence. Most Malays
prefer job as bureaucrats or
landlord. This has become the fact
that most jobs in Malaysia are done
by expatriates or migrant workers
composing more than 20 percent (4,5
millions expatriates) of total
Malaysia population of 20 millions.
[October 2008]
ASEAN Charter Ratified. After
months of long debate, the
Indonesian parliament finally
ratified ASEAN Charter on Wednesday,
8 October 2008, the last country in
ASEAN to ratify the Charter. The
signing of document on ASEAN Charter
bill was represented by Minister of
Foreign Affairs Hassan Wirayudha,
Minister of Trade Mari Elka Pangestu,
and Minister of Law and Human Rights
Andi Mattalatta, representing 10
Fraction and governments in
Commission I at the Parliament.
However, questions remain by the
parliament of the urgency of ASEAN
Charter as a legal ground of ASEAN
transformation into a solid
organization. Also the disagreement
with the voting mechanism (Article
20), a creation of a slower ASEAN
and a longer in taking decision.
Beside of that, the parliament also
disagree with the unclear sanction
of ASEAN Charter violation, and
human rights body mandate which
cannot be guaranteed by the Charter
and its effectiveness (Article 1).
However, the parliament foresee the
Charter to bring benefit for
Indonesia. According to Hassan
Wirayudha, “ASEAN Charter
ratification is a first step of
ASEAN transformation to accomplish a
full integration as a community in
2015”.
[August 2008]
Indonesian Broadcasting Committee Team Published 4 Improper TV Programs.
The programs breached the Law 32/2004, are film with title
Bleach (Cartoon), Detective Conan (Cartoon), Naruto
(Cartoon), and other High School TV Programs, notably such program did
not suit and did not protect students and teenagers morality. Further,
the Team found other 84 TV titles of 316 episodes broadcasted by 9
private TV stations (Indosiar, SCTV, TPI, RCTI, Global TV, ANTV, TransTV)
and one government TV (TVRI), breach the abovementioned law. Such TV
programs contained non-rated of visualization and substance including
coarse language, verbal and non verbal violence (physical and
non-physical), no rating of norms and classification of audiences.
20
percent Annual Budget for Education Sector. The Indonesian
Constitutional Court has its decision in 13 August demanding the
Indonesian government to raise up to 20 percent of state annual budget
allocated for education sector as addresses by the Indonesian
Constitution 1945. The budget shall raise from Rp 154.2 trillion to Rp
224 trillion next year, where in 2005 was Rp 78,5 trillion. The current
2008 budget of Law 16/2008 was challenged against the Constitution 1945,
since Law 16/2008 provide only 15,6% budget portion. The budget is
expected to meet education standard all over Indonesia. In line with the
decision, two days priori to the 13 August 2008, the President addressed
a speech confirming his administration to set higherbudget for education
the next annual state budget 2009.
Legal
Notes:
The Indonesian Constitutional Court decision and government commitment
over 20% education budget for 2009 hailed positive responses from
teachers and education institutions, particularly state
owned-universities. People now noted that 57 state owned-universities
(providing 99,360 seats for undergraduate degree leading bachelor
degree, annually) all over Indonesia are receiving a very low budget
since year 2000, compelling them to set out new independent financial
and budgetary as allowed by the National Education Law through BHMN
concept. Under the BHMN, 6 state universities (ITB, IPB, UI, UGM,
Airlangga and USU) are free to set their own fees and tuitions, which
is considered high. Other state universities follows later in 2004.
Previously, students are fully funded by the government during 5 to 7
years study period, provided they passed the national examination.
Unfortunately, such conception with fee orientation now provide more
rooms for the haves but lesser portion below 20% of seats (out of
99,360) for the poor students, who may not be able to pay high
tuition as much as private universities. While it remain undisputable,
that prior to the BHMN concept in 2004, the National Entry Exam to
Indonesian State Universities are very tough, with annual from 400,000
contestants out of 750,000 high school graduates, the competition rate
are 1 to 20 to 1 to 300 (depending on the reputation of state
universities and favorite faculties), where the best and the brightest
high school graduates are those who studied at state universities
filling total 99,360 seats. As for its good reputation, state graduates
received positive job market within and outside Indonesia, a university
for thousands of foreign students, mostly from Malaysia who studied
engineering and medicine. However, as a result of its current
independent financial and policy, now state universities orientation
are merely of benefit where bright students but poor are given limited
access and seats, where in the future its reputation may be at stake.
Poll:
Foreign Investors Control Over Indonesia Economy. The poll held
by Setara Institute of 800 respondents age of 17 to 22 in May 2008
shows, that 60,8 percent believe that foreign investors took control the
Indonesian economy. The young generation suggested that Indonesia as a
nation must take over the control as President Evo Morales of Bolivia
did to his country particularly in oil mining. The poll also shows low
expectation of 57 percent domestic capability to compete with foreign
entrepreneurs, and of 50,7 percent did not agree privatization of
potential state enterprises. 56,85 percent respondents also perceive
there is an economy draw back in the last 10 years, proven by 76 percent
sees development are not for the poor and 60,9 percent believe
developments are not in concordance to the Indonesia Constitution in
protecting main natural resources and entities for the people'
prosperity. In foreign investment, however, an Indonesian economist
Chatib Basri from the University of Indonesia argued, that the survey
did not meet the review issued by a number of international
organization, OECD, IFC, and the world bank who considered Indonesia as
a close country for foreign investors due to its updated Investment Law
and negative list, ranked Indonesia at 135 out of 170 in open economy
index.
[July 2008]
Indonesia must Refuse WTO Agreement. The refusal are based
on the exclusion G33 of developing countries represented by Indonesia as
spokesman, during the WTO meeting in Geneva ending 30 July. Transparency
are the keyword where developing countries must be involved during
negotiation attended by G7 members Australia, Brasil, China, European
Union, India, Japan and the United States. Indonesia on behalf G33
compelled 'Special Products` (SP) and `Special Safeguard Mechanism` (SSM)
to be accommodated in the modality draft for agriculture to protect
developing countries farmers at villages being the least protected under
the WTO Agreements in Agriculture. The WTO mechanism under the scheme
allows developed countries to pour big subsidies to its farmers, subsidy
not allowed by developing countries. Further, the scheme of trade
liberalization is also unfair where duties differs. At the end, food
defense are the most vulnerable for most developing countries. However,
disagreements between developed countries, existed, such as India and
China
vs the US and EU. France as member of the EU request EU's
clarification and transparency. The WTO meeting has been delayed for 7
years already due to a number of disagreements.
[May 2008]
Temasek Sell all of its Shares in Indosat Cellular Provider to Qatar.
Following the lost at the appeal court, Temasek of Singapore then sold
all of its shares to Qatar Telecom. Temasek and its 8 subsidiaries has
been found by KPPU for conducting unfair business through direct and
indirect ownership and management at 2 major cellular provider in
Indonesia, PT Indosat and PT Telkomsel.
Temasek of Singapore lost the Case against KPPU. The award by
the Indonesian Business Competition Commission - KPPU penalized 9 of
cellular telephone operators in Indonesia for monopoly through share
ownership at a number of cellular providers in Indonesia. The 9
companies are Temasek Holdings Pte Ltd, Singapore Technology Telemedia
Pte. Ltd, STT Communications Ltd., Asia Mobile Holding Company Pte.
Ltd, Indonesia Communications Limited, Indonesia Communications Pte,
Singapore Telecommunications Ltd., and Singapore Telecom Mobile Pte. Ltd
and PT Telkomsel. The KPPU award are that the 9 companies are found for
breaching article 27 Law 5 year 1999 on Competition Law (for unfair
competition), KPPU also ordered Temasek and its 8 subsidiaries to sell
all of its shares at either PT Telkomsel or PT Indosat within 12 months,
where prospective buyers must not have an afiliation with Temasek, and
finally fines Temasek (and 8 subsidiaries) and PT Telkomsel to each pay
fine of Rp15 billion. The Temasek then also found thier lost at the
Appeal Court, where the award are tougher than the KPPU Award.
President Susilo Bambang Yudhoyono
appoint Chairman for Institute for National Goods and Services
Procurement. The said Institute under the National Development
Body (Bappenas) will be staffed to continuously analyze, monitor and to
secure the transparency and accountable government procurement. The
institute and its appointment is drawn under the President Decision
34/M/2008, a complement to the previous President Decision 80/2003 of
Government Goods and Services Procurement. The law has effectively
curbed corruption, collusion and nepotism between government officer and
brokers.o
[March 2008]
Government of Egypt: 40% anti dumping measure dropped to
Indonesian Tire Products. The initial complaint in August 2006
then was reduces into “a slight margin of dumping by the Indonesian
exporters” after the WTO agreements the allegation and tax was recently
lifted. During the investigations period, Indonesian tire export to
Egypt hit US$ 70-80 million per year. Bit with dumping duties cut, the
Indonesian tire exports to could easily reach US$ 1 billion mark. The
new policy is expected to further enhance the bilateral cooperation and
create new opportunities in a better environment for mutual businesses
to develop and flourish. Bilateral trade between both countries over the
last six years increased by more than 150 percent. With its 80 million
people and promising economy, Egypt is an attractive market for
Indonesia. The archipelago’s exports to Egypt reached $484.48 million in
the first 10 month of 2007 and imports hit $40.57 million in 2006 during
the same period.
[February 2008]
Indonesian Industrial
Court seen as Ineffective.
The
ineffectiveness in settling business-related disputes are caused by of
a lack of technical guidance, according to Indonesian employers
Association (ApindoAprindo pointed out numbers of ineffectiveness are
those many essential points regulated in the law for the settlement of
industrial relations disputes were neglected, unclear schedule of
trials,
uncomfortable working
equipment, inadequate court buildings, improper remuneration and
allowances received by ad-hoc judges and lastly unproven judges of
knowledge of industrial relations, unavailable judges from district
court as a presiding judge, an ad-hoc judge and a court minuter also had
caused delays in case rulings then in turn would affect business
people and their companies and adversely affected the investment
environment. There were about 2.008 reports registered with the court
since it took effect in January 2006.
Govt to pursue
privatization despite global economy.
The government plans to privatize 44 state companies this year,
including 10 companies initially planned to be privatized last year. The
plan raised critics from the House, where it concerns
over current global economic conditions, particularly turbulence in
global capital markets led by the US mortgage crisis is unfavorable for
the privatization plan, and that the government would be unable to
secure the best share prices. Member of the house also indicated that it was aimed merely at generating money to cover the
government’s growing budget deficit, which is likely to reach Rp. 87.3 triliun in
2008, or about 2% og GDP. The divestment is expected to
raise about Rp.15 triliun. Member of the house suggested the
administration take a
specific control mechanism to avoid state losses and also to maintain
majority ownership in SOEs which fall under strategic national interests
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2007, 2006,2005,2004:
[December 2007]
Indonesia-Italy Cooperation in Building Corvette Ships. The
cooperation covers the initial building of two corvette worth 400
Million Euro to be built in PT PAL shipyard in Surabaya. The Italian
company Orizzonte Sistem Navali will also involve an Indonesia
electronic state enterprise based in Bandung, West Java, Indonesia,
where transfer of technology and design copy rights will then be under
the proprietary of Indonesia. The corvettes will be utilized by the
Indonesian Navy.
[September 2007]
Indonesia and Russia Concluded Set of Mutual Cooperation
Agreements. The 8 sectors of cooperation in sport, energy,
mining (USD 4 billion), infrastructure, telecommunication, aviation and
defense are expected soon to increase Russia' investment from USD 600
million to USD 1 billion. Indonesia has become a potential country in
the region to develop war crafts since the availability of technologies
and human resources since 1980, such as PT INTI (telecommunication), PT
PAL (shipyard, PT PINDAD (war devices and machines) and PT Nurtanio (aircraft). The signing by both Presidents took place in
Jakarta during the official state visit of the President of the
Federation of Russia Vladimir Putin, early this month.
[July
2007]
Indonesia to stop importing food and medicine originating from
China. The release by the Indonesian Food and Drugs
Inspections Body (Badan POM), found that 7 candies brands and 1
toothpaste products contains human-hazardous chemical substance.
Formalin in candy and diethylene glycol in toothpaste are two
dangerous ingredients contained withn the products, may cause
health fatality and death. The director of Food Certification
and Inspection of POM strongly urge the authorities to withdraw
the products from market.
Minister of Trade Fight against Foreign Illegal IPR Registrars. The plan was established by the
minister of trade, following a number of illegal claims of
patents by illegal foreign registers of a number of products.
The products has been known bearing special, geographical and
cultural characteristics of places in Indonesia, covering foods,
clothing, wood products and various cultural products. Singapore
(wood crafts) and Malaysia (for batik) are those on top of the
list who are confidently claim such illegal rights. However,
Japan government has dismissed a number of registered products
known to be bearing Indonesian characteristics.
48 Sectors are Open to Domestic Investment.
The Indonesian Government has decided those sectors must be 100%
owned by Indonesians, where nominee scheme are not allowed and
become null and void accordingly. The said new regulation of
President' Decision are number 76/2007 and 77/2007, were just
released early this month.
Reformation of System at the Indonesian Anti Dumping
Committee (KADI). The reformation will cover the system
and the Government Regulation 34 year 1996 on Anti Dumping Duty
and Safeguards. This is in respond to entrepreneurs' and
domestic industries' request for KADI to be more protective and
proactive in response to the dumped products of electronics,
steel and foods from various sources, mostly from China,
following its rejection from the market in the US and Europe.
KADI should also reform its public legal certainty during
investigation, period of investigation, parties' company
secrecy, fairness, in-depth knowledge and to be more
professional. KADI promised the reform will be completed in
October 2007.
Foreign Investment Increased at 18.21%The above figure
from the Indonesian Coordination Board of Investment (BKPM) is for the
January-May 2007 period, which reached USD 3,7 billion of 401 projects.
In 2006 it reached only USD 3,13 billion of 377 projects, respectively.
In 2007 BKPM expects the investment will reach USD 19,79 billion.
[June
2007]
Reformation of Tanjung Priok Port Authority Increased
additional Rp200 billion/month State Revenue. The new
so-called Office of Public Services for Port Custom and
Clearance now employed full Electronic Data Interchange where
contact between the on-site users and the data officers at the
port are maintained, electronically. The new system is
effective and efficient, cutting-off smuggling, false data,
fraud and collusion. Previous 1,300 employees were replaced and
848 new well-trained, educated and professional staffs are
securely recruited from all over Indonesia. The new system will
officially take place on 1 July 2007, where the state revenue is
expected higher than it is now.
Indonesia - Japan Finalized Economic Partnership Agreement
(EPA). The Discussion Record was signed in Tokyo on 22
June 2007, official agreement is expected to be signed in August
by both Presidents. Indonesia will play the role for production
centre not only for Japan market, but also the region through
establishment of Manufacturing Industrial Development Center for
the component manufacturing for automotive, electronic and
engines to meet Japan' standards. Zero percent tariffs applied
to 91% of Indonesian export to Japan, where in turn Indonesia
reduce them at 30%. In labor issues, internship of 3-4 years in
Japan will be open for hospitality industries. The trade between
Japan-Indonesia in 2006 reached USD 12,2 billion for oil & gas
to Japan, where in turn USD5,4 billion for non-oil and gas to
Indonesia.
Malaysia come to Agree on Migrant Workers new Employment
Terms. Following strong international critism and its
reputation for Human Trafficking and Violation, Malaysian
officials come to Jakarta to agree Indonesia's new terms to
protect better Indonesian migrant workers in Malaysia.
Indonesian embassy in Kuala Lumpur has now a number of lawyers
to increase their legal position in anticipating common abuses
by Malaysian employers. Recently, a phenomenal picture in a
number of international newspapers shows an Indonesian domestic
workers in Malaysia, Ceriyati, stucked at the outside at level
12 building apartment for attempt to escape after receiving
several physical abuses by the employer, Ivone Siew, a mistress.
Ceriyati
was
compelled to work 20 hours a day, one day feed and unpaid for 4
months. Ivone Siew and husband, now faces criminal charges. Last
April, also two Indonesian domestic workers in Long Island , New
York, the US, escaped for the same reasons. They were employed
by an American family, Varsha Mahender Sabhani and Mahender
Murlidhar Sabhnani
for two years, compelled to work for 21 hours a day, unpaid, and
abused. The couple now facing serious criminal charges.
Timor Leste President visited Indonesia. Ramos
Horta, the direct-elected president meets President of Indonesia
Susilo Bambang Yudhoyono in Jakarta, expects to increase economy
relation since Indonesia are the main importer into Timor Leste
market, through reducing border problems between two countries.
Ramos Horta also planning to establish Bahasa Indonesia Faculty
in Timor Leste, where Bahasa Indonesia serve as one of the
official language in Timor Leste.
New President Instruction number 6
year 2007. The regulation called 'the Policy on
the Acceleration of Real Sectors and the Empowerment of Micro
Small and Medium Enterprises', aimed at to increase growth and
reduce unemployment and poverty. Of 141 guidance for direct
actions, over 60 will be handled by the Finance Ministers. The
said regulation 6/2007is
expected to reach 6,3% growth this year, following 6% growth the
first quarter of 2007.
[May
2007]
Indonesian Competiton Committee Found Breach by Temasek.
The initial investigation held by the Indonesian Anti Competition
Committee found, the article 27 Law 5/1999 was breached through the
ownership by Temasek as one entity in two equal business in the same
area in Indonesia, that is the cellular providers Telkomsel (35%) and
Indosat (42%). Temasek then set out high price for cellular air time,
where consumers have no option.
Indonesia-China Trade will Reach USD 30 Billion in 2010.
According to the Indonesian Chamber of Trade and Industry, both
countries trade and investments growth reached 18,6 % annually
(2001-2006), where mostly are in oil and gas and infrastructure. Major
export from Indonesia are chemical products, wood products, pulp and
papers, fertilizer and rubber. From China, Indonesia imported iron and
steel, spare parts, motorcycle, electronics, data processor and fruits.
China has become the fifth export market from Indonesia with volume
totaling USD 19,6 billion in 2006. China's investment in Indonesia in 84
projects with value of USD 205 million, are at the 8th position after
Singapore, Britain, Japan, Malaysia, Canada, Australia and the
Nederland.
[April
2007]
33 Memorandum of Understanding by 42 Indonesian State
Enterprises. The 33 MOUs through synergies between state
enterprises are expecting to increase state revenue up to Rp 70
trillion, annually. The cooperation will empower each enterprise
in government projects, such as aircraft manufacturer will
utilize steels, electrical devices, and use of gas and all other
product manufactured by the state enterprises.
[March
2007]
Bill of Foreign Investment Soon Released. The final summit
meeting of the house on 29 March will decide to or delay the release of
the 39 article laws. A number fraction in the house objects the soft
laws on the issue of
foreign corporation crime, as proven by current number of cases
on trial under various laws, committed by foreign investors. The law will now provide single entry for
licensing at the BKPM, which is now shall directly responsible to the president
instead the minister of trade. The law will provide facilities for those
investing in remote areas and able to employ more workers, to enjoy land
title, import license, and special fiscal rights.
Japan Government Provide Soft Loan to the Government of Indonesia.
The untied loan for 30 years at 1,5% interest p.a of Rp 1,875 trillion
(USD205million) are aimed at the development of social and economy
sectors in Indonesia. The ExcellencyJapan Ambassador for Indonesia, Shin
Ebihara, signed the said loan in Jakarta, recently.
Advance Micro
Devices establish its Representative Office. AMD, the world
class micro processor manufacturer, establish its office in Jakarta, the
first in Indonesia. The office is aimed at getting closer with the
Indonesian market, which is seen prospective. In 2005 AMD' global market
share reach 5 percent, where 2006 reach almost 12 percent.
PT Freeport
Indonesia willing to Contract Renegotiation. The said agreement
is made with the House' Working Committee. A number of the contract has
been identified unfair for the Indonesian government, also where the
company is compelled to take precautions of environment and state
revenues. A good progress made is,
that a number of
process of raw materials are now conducted in Indonesia instead abroad.
[January
2007]
The Government of
Indonesia dismissed the CGI donor group (Consultative Group on
Indonesia). The group consist of a number of developed
countries to provide financial support was established in 1992.
In turn, through tough terms and conditions, CGI had the
authority in setting up economy and financial policy for
Indonesia. The dismissal of CGI are based on the set of
failure by CGI's advices implementation in economy and
financial, particularly in settling Indonesian government debt
in 2000-2002.
[December
2006]
Investment to Indonesia from Switzerland increased. The figure
of 2005 to 2006 comparisons released from the Indonesian Investment
Board, shows that Switzerland, Thailand, Malaysia and Italy increase of
investment in Indonesia are of 1,637% (USD 447 millions), 528%, 401,4%
(USD2,21 billion) and 102,88% ( USD 216 million), respectively. The
decrease are from Japan and China of -61,13% and -43,22% respectively,
which favor destinations are to Vietnam and Chine itself. On the other
hand, KPK released the corruption index in Indonesia in 2006 is at 130
(out of 163 countries) compared to year 2005 at 143 (out of 158
countries).
[November 2006]
US-ASEAN
to Cooperate in 8 Sectors in 2007. The Cooperation also pivoting
30 years of relations between both, a subsequent of plan action to
implement Enhanced Partnership 2007-2011. 8 major sector will soon be
implemented, such as good governance, combating corruption, IPR, SME's,
reducing HIV/other diseases, and cooperation in IT, communication,
technology, energy, disaster management and environmental management.
President Director of PT Newmont Charged for
Environmental Detrimental. The said person Richard Ness, an
American, is charged for 3 years in prison plus fine of Rp500million (USD
55.000) and Rp 1 billion (USD 120,000). He is held responsible for
serious environment detrimental in the area of Buyat Bay in Sulawesi, caused by
disposal mercury and unorganic arsen 100 times beyond other bays during the operational of the
PT Newmont Minahasa Raya (PT NMR) gold-mining company,. Such method of
disposal has been banned in the US and that the company did not have the
proper permit to dispose of its waste. The disposal has caused
villagers near the mine complained of tumors, skin rashes and dizziness. The court after at
least 20 sessions ruled, that under the
Indonesian corporate law, the chief or chairman of the company is held
responsible for any company legal actions. Earlier, PT NMR has signed a
good will agreement with the Indonesian Government to recover the
environment and their strict liability responsibility under the
environmental law, adopted internationally, where USD 12 million has
been allocated by NMR and USD 30 million in the next 5 years. Newmont
stopped mining in 2002 at the Sulawesi site, 2,000 kilometers (1,300
miles) northeast of the capital, Jakarta, after extracting all the gold
it could, but kept processing ore there until Aug. 31, 2004, when the
mine was permanently shut.
[October 2006]
The Indonesian Government Settled its Debt to IMF. The USD 4
billion debt was paid in full, covering also the interest. In
comparison to other foreign loans, IMF' loan was known with full of
terms related to politics rather than to improve economic
development.
[September 2006]
RI -Malaysia Talks Over the Movement of People.
Malaysia now employed many Indonesian workers, from domestic
/construction workers to university lecturers, due to Malaysia's
progressive development and Malaysia's lack of qualified Malaysian human
resources. Indonesia warns Malaysia to protect them better. Up to now
there are 1,75 millions Indonesian legal workers, where 2,5 percent are
Indonesian intellectuals.
[August 2006]
Indonesian Minister of Trade Mari Elka Pangestu meets Australian
Minister of Trade Mark Vaile. The meeting agenda held in
Canberra and Brisbane are to discuss over several issues such as the
Terms of Reference for the Expert Group, revitalize last years'
Action Agenda Trade and Investment Framework, optimizing AUSAID
Program for the Indonesia' BPEN (National Development for Export
Program), and business meetings between private companies. The major
aim are to strengthen economic ties between Indonesia and Australia.
[July
2006]
New Banking Regulation on Single Presence Policy. The
policy will be in force in August 2006, expecting adoption by all banks
by the end of 2008. The policy are based on bad experiences of high
non-performing loan, unfortunately occurred mostly at bank with Single
Presence ownership. The policy applies to private and government
ownership, to allow the central bank to effective monitor and encourage
bank consolidation.
Indonesia-Singapore establish SEZ. The said SEZ, Special
Economic Zone covers Batam Island, Bintan Island and Karimun Island
(called BBK) in the territory Indonesia, adjacent to Singapore. The SEZ,
managed by a Joint Steering Committee, will allow both countries in
managing investment, tax, services, to attract more investment and
employment. Investment at BBK was US$4 billion, expected doubled in
2011. Currently, Honeywell successfully manufactured cockpit of Boeing
777 civil airplanes in Bintan.
[April
2006]
Nuclear Reactors in Indonesia.
IAEA, the International Atomic and Energy Agency, formally allows
Indonesia to build nuclear reactors in year 2016, at the latest. It is
expected that Indonesia will finalize building 4 reactors with 1,000 MW
capacities. Indonesia is considered having the human resources capacity
to build nuclear projects.
Foreing Visitors to Indonesia, Increased.
Foreign Visitors to Indonesia 50.7% are for leisure, 33.83% for
businesses purposes. The said researches are based on the Passenger Exit
Survey (PES) in 2005 to 10.000 respondents, where most are professionals
and business managers groups. Jakarta is the most place to visit
(47,48%) following Bali (35,37%).
Intellectual Property Rights Ratifications.
The Government of Indonesia had ratified a number of international
conventions since 1995, such as the Paris Convention for Protection of
Industrial Property, Paten Cooperation Treaty (PCT), Trademark Law
Treaty, Berne Convention, WIPO Copyright Treaty and WIPO Performances
and Phonograms Treaty. These had been adopted into national laws, such
as the Patent Law, Trademark Law, Copyrights Law, Trade Secrets Law,
Industrial Design Law, Integrated Circuit Design Law and Plant Variety
Law. All are based on the WTO TRIPs, ratified under Law no. 7 year 1994.
Russian Investment in Indonesia.
KaMaz (Kama Automotive Plant) a Russian heavy equipment manufacturer
together with an Indonesian company in heavy equipment tools and armors
manufacturer PT Pindad, will joint in manufacturing trucks and heavy
equipments for mining and construction. Both companies have long track
in the said business line and technology.
[March
2006]
Indonesian and Russia on Space Rocket Laucher Spot.
Following the negotiation between Indonesia and Russia, it was agreed
that both countries will establish a rocket space launcher at Biak,
Papua west part of Indonesia territory. Indonesia has the experience in
air and space technology for 25 years as proven by the international
civil aviation license obtained for civil aircraft manufacturing and
technically involvement in manufacturing wing parts of Boeing A380 in
2005.
Bank
mediation Dispute Settlement.
This entity soon will be established , where the mediation mechanism
will provide rooms for bank customers from various disputes with the
bank products.
[February 2006]
Banking Consolidation.
The Indonesian Central Banks will soon release new regulation to allow
more foreign banks to conduct its business in Indonesia. Currently, out
of 131 banks in Indonesia, 41 are foreign shares dominated, with 48,51%
ownership of total industry asset compared to 37,45 by the Indonesian
government ownership. 12 foreign banks are owned by ultimate
shareholders.
[January 2006]
Indonesian Labor Court, established.
Under the law 2 year 2004, this court will replace the Committee of
Labor Dispute Settlement. The Labor Court consist of 99 career judges
and 160 ad hoc judges, having office at 33 places. This court will run
on the Civil Procedure Law instead of the previous procedure law under
the labor law. This court will provide more room for argumentation and a
firm judgement both for disputing parties in rights, interests and
termination.
[December 2005]
Nokia
will establish its Technology Center.
According to Nokia' Country Director of PT Nokia Networks, the center is
situated in Bandung, Indonesia, established on the first semester 2006.
The center will serve as a center for competence development and
technology transfer for custodian, staffs, and Indonesian local
partners.
750
Foreign Investment Companies from 6 Countries Suspected for False Tax
Assesment.
The companies are also suspected for money laundering and transfer
pricing. This is the government report based on Tax Directorate
research. The name of the companies soon will be released.
[July 2005]
PT
Microsoft Indonesia collaborate research with Indonesian Universities.
The
collaboration of 9 research focuses are with the Indonesian engineers at
two universities are, Institut Teknologi Bandung in Bandung and Institut
Teknologi Sepuluh November in Surabaya. This is part of Microsoft budget
on research at the amount of USD 2 billion.
PT
Dirgantara Indonesia new contract to manufacture parts of the new Airbus
A380.
PT Dirgantara Indonesia, an Indonesian national airplane manufacturer
(previously known as PT IPTN), concluded a contract with British
Aerospace to manufacture wing parts of the new Airbus A380, called as
the Inboard Outer Fixed Leading Edge. The contract is valued of
USD 60,2 millions for 318 units of the said passenger airplane.
[June 2005]
Indonesia and Japan signed the EPA - Economic Partnership Agreement.
Following the visit of President Susilo Bambang Yudhoyono to Japan last
May, both countries agree to cooperate in an Free Trade Arrangement (FTA)
Plus in the form of EPA. Sectors covered are trade of goods, services,
government procurement, freedom of movement of persons, investment,
intellectual property rights, investment and dispute settlement.
Indonesia is the last country dealing with FTA in the region, ASEAN in
particular.
Microsoft will establish its 5th Software Center in Indonesia.
Following the visit of President Susilo Bambang Yudhoyono in the US and
meet with the founder of Microsoft Company Bill Gates, Microsoft will
start to cooperate with Indonesian government, private entities, and
academics to set up its software business in Indonesia for Indonesia and
the region. Other Software Centers are in the US, Great Britain, China
and India. Infrastructure are now under preparation.
[May 2005]
New
Chairman of BKPM.
The President of the Republic Indonesia has appointed new chairman for
the Indonesian Investment Coordinating Board (BKPM), Mr. Muhammad Lutfi,
who was the chairman of the Indonesian Young Entrepreneur Association (HIPMI).
Mr. Lutfi is also member of the
Forum WTO Indonesia.
Draft
of Foreign Investment Law.
The Minister of Finance of the Republic of Indonesia has send the draft
of foreign investment law (RUU PMA) to the Indonesian parliament for
review and approval. Some issue for the new bill will are, to reduce
investment application process into 30 days, assurance that foreign
investment will not be nationalized (except through passing new laws by
the parliament), and more access for foreign businessmen on working
permit and immigration. The bill is expected to pass this year.
[April 2005]
Telecommunication.
New investment in telecommunication services regulation will be
released, that foreign investor ownership will be limited to 49% only.
However, the government still prefer to keep up to 95% foreign ownership
to investments with high technology and high investment in
infrastructure content only, under the PP 20/1995.
Deficit
Grows.
Trade between Indonesia and China has grown significantly, where the
figure for China export to Indonesia in 2003 was USD 2,39 billion
increase to USD USD 3,4 billion for oil and gas and non-oil and gas
products in 2004. Indonesia suffered from loss of USD 261 million from
non-oil and gas export to China. Guangzhou contribute 40% of total
export, followed by Shanghai (30%) and Beijing (20%).
[January 2005]
55
Draft of Bills.
The
Indonesian parliament and government will release 55 new bills
consisting of laws (Undang-undang), 22 amendment of laws, and 6
ratification of international conventions in 2005. The total number of
the proposed new laws for 2005-2009 are 284.
Foreign
Lawyers.
New RI-MLHR
regulation issued on the requirement of the use of foreign lawyers in
Indonesia, which requires recommendation from Indonesian Advocate
Organization, prove of individual Indonesian tax file number (NPWP),
obligation to teach law for 10 hours per month within 12 months, limited
to deliver legal services of foreign laws (other than Indonesian laws)
or international laws, and will only act as an expert or staff in an
Indonesian Law Firm.
Monsanto Case.
the Indonesian Committee to Exterminate Corruption (KPK) is now
evaluating and will take serious action based on a report from the
United States Department of Justice (US DOJ) for the report of bribery
by US based Monsanto Company through the subsidiary company PT Monagro
Kimia, who bribed 140 Indonesian public high officials at least USD
700,000 during 1997-2002. The public officials are subject to law PP
number 30/1980. The US DOJ based on the US Foreign Corrupt Practices Act
fined Monagro Company at the amount of USD 1,5 million payable to the
Indonesian Capital Market Supervisory Board (BAPEPAM) and US DOJ.
Buyat
Case.
The Indonesian government is preparing to file civil and criminal case
against PT Newmont Minahasa Raya for environmental degradation in North
Sulawesi, through poisonous material disbursement to Buyat Bay. Some
foreign nationals of the board of the company are arrested and are
subject to criminal charges.
[November 2004]
Investment.
Coordinating Minister of Economy Aburizal Bakrie said, that BKPM
(Investment Coor-dinating Board) will play its new role mainly as a
promotional entity for investment and a single-entry for all licensing
for investment. This new role differs from past bureaucratic single-
roof where licensing will take 150 days compared to single- entry system
that slash down bureaucracy and license will be obtained within 20 days.
[October 2004]
Employment.
Minimum
Provincial Wage - MPW (UMP) is set at Rp 711.843 (USD 80,00) per month
applied in Special District Jakarta in 2005, challenged refusals from 7
Labor Associations, which compeled to raise it to the minimum of Rp
759.953 per month, which earlier requested the number of Rp1,2 millon (USD
133) per month to accommodate high living cost in Jakarta for 55 life
components compared to 43 life components. This Provincial Government
Decision no 2515/2004 was signed earlier by Governor Sutiyoso. The MPW
is adjusted annually. In 2006 new Sectoral Minimum Wage will be applied
for labor prosperity.
[June 2004]
Environmental Law.
The Parliament of the Republic of Indonesia passed the draft bill to
legislate the Kyoto Protocol, a protocol within the UN Framework
Convention on Climate Change. Indonesia was the 124th member ratifying
the said protocol.
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