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INVESTMENT PARTNERSHIP BETWEEN LARGE ENTERPRISES AND MSMES

admin — Tue, 19 May 2026 06:04:18 +0000

INVESTMENT PARTNERSHIP BETWEEN

LARGE ENTERPRISES AND MSMES

There are certain business activities which requires large enterprises to have partnership with Micro, Small, and Medium Enterprises (“MSMEs”). Thus, the Indonesian Government continues to strengthen its regulatory framework to promote inclusive and regionally balanced partnership in the investment sector. The Minister of Investment and Downstream Industry/Head of the Investment Coordinating Board (Badan Koordinasi Penanaman Modal – “BKPM”) has issued Regulation No. 3 of 2025 (“RBKPM 3/2025”), which amends BKPM Regulation No. 1 of 2022 concerning Procedures for Partnerships between Large Enterprises and MSMEs.

Below is a summary of the key changes introduced by RBKPM 3/2025:

1. Integration of Partnership Commitments through the Online Single Submission (“OSS”) system

The regulation strengthens the obligation for large enterprises to prepare a partnership commitment which includes the scope of work, contract value, and implementation timeframe. This commitment must be submitted in the form of a Commitment Statement through the OSS system, either as part of the business licensing process and/or the application for investment facility.

2. Priority for Local and Inclusive MSMEs

RBKPM 3/2025 adopts a localized and inclusive approach by requiring that:

a. priority be given to MSMEs located within the same regency/municipality as the business operation. Should there be no suitable MSMEs available locally, the priority may be elevated to the provincial level; and

b. priority must be given to MSMEs owned by, or employing, persons with disabilities.

3. Increased Transparency in Partner Selection

BKPM will provide a list of prospective MSME partners through the OSS system, sourced from central and regional authorities, as well as from business associations.
Large enterprises may still propose alternative partners, subject to certain requirements, including the absence of any affiliation between the parties.

4. Alternative Fulfilment through Corporate Social Responsibility (“CSR”) Programs

Under certain circumstances, where suitable MSMEs are unavailable in the relevant location or where reasonable efforts to conclude a partnership fail to result in mutual agreement, partnership obligations may be fulfilled through the implementation of CSR programs. Such CSR programs include, among others, the development of educational facilities, workforce training programs, and research and development activities. The implementation of CSR programs by large enterprises must be conducted in compliance with Government Regulation of the Republic of Indonesia No. 47 of 2012 on the Social and Environmental Responsibility of Limited Liability Companies. Further, large enterprises implementing CSR programs are required to submit periodic investment activity reports through the OSS system.

5. Ongoing Partnership Obligations

The partnerships between large enterprises and MSMEs must be maintained throughout the operational period of the large enterprise. In the event that an MSME partner evolves into a large enterprise, the company must substitute such partner with another MSME within one year to preserve the objectives of MSME empowerment.

Conclusion

Accordingly, RBKPM 3/2025 reinforces inclusive MSME partnership obligations and limits the use of CSR programs to specific, conditional circumstances as an alternative means of compliance.

This Client Alert is intended to provide a brief overview of certain provisions and may not cover all provisions under the RBKPM 3/2025, thus, cannot be deemed as legal advice. Please do not hesitate to contact us if you need a more detailed discussion, advice, and/or have specific questions.

Link PDF : BIRP - Client Alert regarding Investment Partnership between Large Enterprises and MSMESs

NEW DRUG MANAGEMENT REGULATIONS

admin — Tue, 12 May 2026 08:15:15 +0000

NEW DRUG MANAGEMENT REGULATIONS

In March 2026, the Indonesian Drug and Food Supervisory Agency (Badan Pengawas Obat dan Makanan – “BPOM”) issued Regulation of BPOM No. 5 of 2026 regarding the Supervision of the Management of Drug and Drug Substance at Pharmaceutical Service Facility and Other Facility (“RBPOM 5/2026”), which came into effect on 6 April 2026.

By the enactment of RBPOM 5/2026, the previous regulation, i.e., Regulation of BPOM No. 24 of 2021 regarding the Supervision of the Management of Drug, Drug Substance, Narcotic, Psychotropic, and Pharmaceutical Precursor at Pharmaceutical Service Facility (“RBPOM 24/2021”), is revoked and declared no longer valid.

RBPOM 5/2026 amends several provisions previously regulated under RBPOM 24/2021, including those relating to the parties that may conduct drug management activity, the classification of drug, as well as the supervision and authority provisions in drug management.

The following are several key points regarding RBPOM 5/2026:

1. Adjustment to the Scope of Drug

Previously, RBPOM 24/2021 only covered provisions on the management of drug, drug substance, narcotic, psychotropic, and pharmaceutical precursor. RBPOM 5/2026 now expands and classifies the scope of drug management as follows:

a. drug that may be obtained with a prescription, which include narcotic, psychotropic, and prescription-only/potent drug (obat keras); and/or

b. drug that may be obtained without a prescription, which include limited over-the-counter drug (obat bebas terbatas) and over-the-counter drug (obat bebas).

2. Adjustment to Drug Management Provisions

Previously, RBPOM 24/2021 provided that drug management could only be conducted at pharmaceutical service facility, namely pharmacy, hospital pharmacy installation, and public health centers (pusat kesehatan masyarakat – “puskesmas”). Under RBPOM 5/2026, drug management may be conducted by:

a. Pharmaceutical service facility (fasilitas pelayanan kefarmasian), consisting of hospital pharmacy installation, puskesmas, pharmacy installation, clinic pharmacy installation, and pharmacy.

Drug management at pharmaceutical service facility is conducted in the form of procurement (pengadaan), receipt (penerimaan), storing (penyimpanan), dispensing (penyerahan), returning (pengembalian), destruction (pemusnahan),

reporting (pelaporan), and compounding (peracikan). Pharmaceutical service facility other than hospital pharmacy installation is prohibited from conducting drug production activity.

b. Other facility (fasilitas lain), consisting of drugstore, hypermarket, supermarket, and minimarket.

Drug management at other facility is conducted in the same forms as drug management at pharmaceutical service facility, except for compounding activity. In addition, other facility may only manage over-the-counter drug and limited over-the-counter drug.

Other facility is prohibited from conducting:

i. the management of narcotic, psychotropic, drug substance, and/or prescription-only/potent drug; and/or

ii. compounding and repackaging activities for drug, narcotic, psychotropic, and/or pharmaceutical precursor.

3. Person in Charge

RBPOM 5/2026 provides that each drug management activity must have a person in charge, subject to the following provisions:

a. Pharmaceutical Service Facility

All drug management activities at pharmaceutical service facility are under the responsibility of the pharmacist (apoteker) in charge, who may be assisted by other pharmaceutical personnel. The pharmacist in charge and such other pharmaceutical personnel must hold a valid practice license.

b. Other Facility in the Form of Drugstore

All drug management activities at other facility in the form of drugstore are under the responsibility of pharmaceutical vocational personnel (tenaga vokasi farmasi). Such pharmaceutical vocational personnel must hold a valid practice license.

c. Other Facility in the Form of Hypermarket, Supermarket, and Minimarket

All drug management activities at other facility in the form of hypermarket, supermarket, and minimarket are under the responsibility of health support or auxiliary personnel (tenaga pendukung atau penunjang kesehatan). Such health support or auxiliary personnel must hold a training certificate related to drug management activities.

4. Sanction

RBPOM 5/2026 regulates the imposition of sanctions for violations of the provisions stipulated therein, including any failure or non-compliance by pharmaceutical service facilities and other facilities to appoint the appropriate person in charge.

Such sanctions are administrative sanctions, in the form of warnings, stern warnings, and/or temporary suspension of activities, imposed by the Head of BPOM. In addition, the Head of BPOM may also submit a recommendation to the ministry/institution issuing the business license for the revocation of the business license of the relevant pharmaceutical service facility or other facility.

Takeaways

RBPOM 5/2026 introduces an important change by expanding the parties that may conduct drug management activities. In addition to pharmaceutical service facility, other facility such as drugstore, hypermarket, supermarket, and minimarket may now also conduct drug management activities, provided that such activities are limited to over-the-counter drug and limited over-the-counter drug.

In light of this change, retail business actors that manage or intend to manage drug should ensure that their business activities comply with the restrictions on the types of drug, forms of management activities, and requirements for the person in charge as regulated under RBPOM 5/2026.

This Client Alert is provided for general information purposes only and does not constitute legal advice. Please contact us should you require further information or assistance regarding drug management regulations or related matters.

Link PDF : Client Alert on New Drug Management Regulations

RAW AND/OR AUXILIARY MATERIALS SUPPLY HUB

admin — Fri, 08 May 2026 07:19:45 +0000

RAW AND/OR AUXILIARY MATERIALS SUPPLY HUB

Under Indonesian import regulations, any company engaging in import activities must hold a Business Identification Number (Nomor Induk Berusaha – “NIB”) that functions as an Importer Identification Number (Angka Pengenal Importir – “API”). The API is categorized into:

a. General API (API Umum – “API-U”), designated for companies engaged in wholesale trading activities, which may import goods solely for trading purposes; and

b. Producer API (API Produsen – “API-P”), designated for industrial or manufacturing companies, which may import goods exclusively for use in their own production processes, and such goods cannot be traded or transferred.

In practice, this framework has created challenges for Small and Medium Industries (Industri Kecil dan Menengah – “IKM”). Many IKM lack the capability to independently import raw and/or auxiliary materials. At the same time, their access to such materials in the domestic market is limited, as API-U holders typically are not allowed to import raw and/or auxiliary materials, while API-P holders are prohibited from reselling or transferring them.

To address this issue, in March 2026, the Ministry of Industry of the Republic of Indonesia (the “MOI”) issued the Regulation of the Minister of Industry of the Republic of Indonesia No. 5 of 2026 regarding the Raw and/or Auxiliary Materials Supply Hub (“RM 5/2026”), effective as of 26 March 2026. This regulation introduces a new framework allowing certain wholesale trading companies to import raw and/or auxiliary materials for limited distribution purposes.

1. New Framework

Pursuant to RM 5/2026, companies holding an API‑U are permitted to import and distribute raw and/or auxiliary materials, provided that they first obtain an official designation from the MOI as a Raw and/or Auxiliary Materials Supply Hub (Pusat Penyedia Bahan Baku dan/atau Bahan Penolong – “PPBBBP”), and that such materials are distributed solely to IKM businesses.

2. Eligibility Criteria

To be designated as a PPBBBP, a company must meet certain criteria including:

a. hold a valid NIB that functions as an API-U; and

b. own or control storage facilities for each commodity, with a minimum area of 500 m² in a single location.

3. Application Procedure

Applications for designation of PPBBBP must be submitted electronically to the Director General of Small, Medium, and Miscellaneous Industries (the “Director General”) through the National Industrial Information System (Sistem Informasi Industri Nasional – “SIINas”), for each relevant commodity group.

Once the application is complete, the MOI reviews it within 5 business days (including possible site verification). Should the application be approved, a recommendation is issued within 1 (one) business day, followed by a Ministerial Decree formalizing the designation.

4. Application Requirements

The application submitted through SIINas consists of:

a. Data Entry

The applicant must complete the data entry through SIINas by providing information on the company and the partnering IKM businesses, including their respective names, addresses, NIB, and relevant KBLI classifications, as well as the proposed commodity group.

b. Supporting Documents

The applicant must upload supporting documents, including the deed of establishment, proof of ownership or control of storage facilities, evidence of cooperation with IKM businesses, and a company profile.

5. Ministerial Designation

a. Validity Period and Revocation

The designation as a PPBBBP shall remain valid as long as the company’s business activities are carried out in compliance with the data and supporting documents submitted via SIINas at the time of application.

The designation may be revoked for various reasons, including if the company no longer has valid ownership or control over its storage facilities and/or if the cooperating IKM businesses fail to meet the applicable requirements.

b. Amendments

A list of IKM can be amended through an application in SIINas in the event of there is:

i. changes in the IKM’s licensed business activities; and/or

ii. changes in the number of cooperating IKM entities.

In all cases, the PPBBBP must maintain cooperation with at least 5 (five) IKM businesses.

This Client Alert is provided for general informational purposes only and does not constitute legal advice. Please contact us should you require further information or assistance regarding PPBBBP or related matters.

Link PDF : BIRP - Client Alert on Raw and or Auxiliary Materials Supply Hub

WIUP FOR COOPERATIVES

admin — Mon, 04 May 2026 06:56:22 +0000

WIUP FOR COOPERATIVES

The Minister of Cooperatives of the Republic of Indonesia has issued the Regulation of the Minister of Cooperatives No. 12 of 2025 regarding the Implementation of Mineral and Coal Mining Business Activities by Cooperatives (“RM 12/2025”), which came into effect on 31 December 2025.

RM 12/2025 serves as the implementing regulation of the provisions under Article 26C(a) of the Government Regulation of the Republic of Indonesia (“GR”) No. 96 of 2021 regarding the Implementation of Mineral and Coal Mining Business Activities (“GR 96/2021”), as amended several times, most recently by GR No. 39 of 2025 regarding the Second Amendments to GR 96/2021.

The regulation applies to cooperatives operating as business entities, including government-initiated village/sub-district cooperatives (koperasi desa/kelurahan merah putih) (collectively referred to as the “Cooperative”).

Under the Indonesian mining licensing framework, the Cooperative must first obtain a Mining Business License Area (Wilayah Izin Usaha Pertambangan – “WIUP”) as a prerequisite to applying for a Mining Business License (Izin Usaha Pertambangan – “IUP”) from the Ministry of Energy and Mineral Resources of the Republic of Indonesia (“MEMR”). WIUPs for metal minerals and coal may be granted through either an auction or a priority allocation mechanism.

This Client Alert focuses on the priority allocation mechanism under RM 12/2025. Key points are summarized below:

1. Eligibility Criteria fora. Priority Allocation

To apply for the designation of a WIUP through the priority allocation mechanism, the Cooperative is required to fulfil the following requirements:

a. the Cooperative’s domicile and membership base are located within the same regency or municipality as the relevant metal mineral or coal WIUP;

b. the Cooperative’s articles of association and Business Identification Number (Nomor Induk Berusaha – “NIB”) expressly include metal mineral or coal mining business activities; and

c. the Cooperative has been duly established as a legal entity and is registered and verified in the database of the Ministry of Cooperatives of the Republic of Indonesia (“MOC”).

2. Application Process and Administrative Verification

Application for designation of WIUP must be submitted to the MEMR through the Online Single Submission (“OSS”) system. However, before technical evaluation can be

conducted, the Cooperative must first obtain administrative verification approval from the MOC.

Administrative Verification

The Cooperative must submit an application for administrative verification through the OSS system. This process involves an assessment:

a. the completeness of required documents; and

b. the compliance with the membership requirements.

Further, the Cooperative must submit the following documents:

a. administrative documents:

I. deed of establishment and articles of association (and its approval);

II. NIB specifying metal mineral or coal mining business activities;

III. domicile letter confirming location within the relevant regency/municipality;

IV. mining business activity plan;

V. WIUP map/layout; and

VI. statement letter of compliance with prevailing laws and regulations;

b. membership documents:

I. list of the Cooperative members legalized by the management of the Cooperative, indicating members’ domicile in accordance with the regency/municipality of the WIUP location;

II. identity and/or domicile of members as the basis of the linkage between the membership area and the WIUP location; and

III. minutes of members’ meeting or resolution approving the submission of the WIUP application by the Cooperative.

The MOC will complete its administrative verification within 4 (four) working days after receiving a complete submission.

3. Issuance of Administrative Clearance

If the application is declared complete, the MOC will issue an Administrative Verification Clearance Letter (Surat Lolos Verifikasi Administratif – “SLVA”) through the OSS system within 10 working days.

The SLVA enables the MEMR to proceed with its technical evaluation. If all requirements are satisfied, the MEMR will issue the WIUP designation under the priority allocation mechanism.

The maximum area that may be granted for a metal mineral WIUP or coal WIUP is up to 2,500 (two thousand five hundred) hectares.

After obtaining the WIUP, the Cooperative may proceed to apply for an IUP via the OSS system.

4. Reporting Obligations

In the event the Cooperative has conducted mining business activities, the management of the Cooperative is required to submit reports to the MOC, with copies to the MEMR as well as the relevant governor and regent/mayor in accordance with their respective jurisdictions. Such reports cover both institutional aspects and the implementation of mining business activities. With respect to institutional aspects, the report includes, among others, the results of members’ meetings, accountability reports of the management and supervisory board, and the Cooperative’s budget and revenue and expenditure plan for the following year. Meanwhile, with respect to mining operations aspects, the report covers asset development, business volume, human resources, and balance sheet reports and profit and loss calculations.

This Client Alert is intended to provide a brief overview of certain provisions and may not cover all provisions under the RM 12/2025, thus, cannot be deemed as legal advice. Please do not hesitate to contact us if you need a more detailed discussion, advice, and/or have specific questions.

Link PDF : Client Alert - WIUP for Cooperatives (2026-04-30)

NEW REGULATION ON PATENT APPLICATION

admin — Thu, 23 Apr 2026 09:39:12 +0000

NEW REGULATION ON PATENT APPLICATION

In 2026, the Government of the Republic Indonesia enacted Regulation of the Minister of Law (“MOL”) No. 6 of 2026 regarding Patent Application (“RM 6/2026”), which revokes and replaces Regulation of the Minister of Law and Human Rights No. 13 of 2021 regarding the Amendment to Regulation of the Minister of Law and Human Rights No. 38 of 2018 regarding Patent Application (“RM 13/2021”). RM 6/2026 was issued as an implementing and harmonizing measure following Law No. 13 of 2016 regarding Patent, as most recently amended by Law No. 65 of 2024.

This Client Alert outlines the key regulatory changes for patent applicants.

1. Expanding Definition of Invention

RM 6/2026 introduces an important change by expanding the scope of the definition of Invention compared to RM 13/2021. The definition no longer focuses solely on products or processes and their improvements or developments, but now expressly encompasses systems, methods, and uses in the field of technology as part of a specific problem‑solving activity.

2. Stricter Technical Requirements and Cost Implications

RM 6/2026 introduces several limitations that were previously less strictly regulated, including the following:

a. Limitation on the Invention Description

The invention description is now limited to a maximum of 30 (thirty) pages. If this limit is exceeded, the applicant must pay an additional page fee. If the additional fee is not paid, the substantive examination will only be conducted on the portion of the description within the permitted page limit.

b. Limitation on the Number of Claims

The number of claims is capped at a maximum of 10 (ten) claims. Claims describe the extent of legal protection requested for an invention and are therefore an essential part of a patent application. If an application contains more than 10 (ten) claims, additional claim fees must be paid at the time of filing. Failure to pay these fees will result in the application being deemed withdrawn.

c. Language

If the description is prepared in a foreign language other than English, it must be accompanied by translations in both English and Indonesian. Whereas, if the description is prepared in English, it must be accompanied by a translation in Indonesian.

3. Application Deemed Withdrawn

A patent application may be withdrawn voluntarily by the applicant if it has not yet been rejected or granted. In addition, a patent application may be automatically deemed withdrawn if the applicant does not comply with certain procedural requirements, among others, misses deadlines submission, late submission of required language translations, failure to timely request substantive examination, fails to pay required fees such as excess claim or page fees, or failure to complete essential administrative documents.

4. Flexible Priority Right Claims

Priority right claim applications must be filed within 12 (twelve) months from the priority date, although RM 6/2026 introduces an additional filing window of four (4) months, subject to the payment of a late filing fee.

Priority claims can only be made for the same type of application filed in the country of origin. Supporting priority documents must be submitted within 16 (sixteen) months from the priority date. If the priority documents are not submitted within this timeframe, the application will be treated as filed without a priority right.

5. Requests for Changes to Patent Applications

Patent applications may be amended at the initiative of the applicant or upon the MOL’s suggestion. Such amendments include changes to:

a. Application Data

Amendment to application data may be made to certain administrative information, including information submitted at the time of initial filing as well as data relating to the identity of the application.

b. Type of Application

If an application type is changed between a patent and a simple patent, the application under the previous type will be deemed deleted and replaced by the new application type. Further, a change in application type will only be processed if the request for substantive examination and the payment of the corresponding examination fee is submitted simultaneously with the request for change.

c. Applicant Category

The changes to the applicant category involve the reclassification of an applicant from a general category to a micro enterprise, small enterprise, educational institution, or government research and development institution, or vice versa.

In general, each request for change is subject to applicable official fees.

6. Re-Substantive Examination

RM 6/2026 introduces the mechanism of re‑substantive examination, which may be requested in cases involving the rejection of a patent application, applications deemed withdrawn, voluntary withdrawal of an application, or correction requests submitted after a patent has been granted. A request for re‑substantive examination may be submitted either electronically through the official website of the Directorate General of Intellectual Property (“DGIP”) of the MOL or non‑electronically through the DGIP service counters at the MOL or at the closest regional office of the MOL.

Conclusion

In practical terms, applicants have the flexibility to update their applicant classification when needed, subject to the applicable requirements and fees.

Link PDF : Client Alert regarding New Regulation on Patent Application

NEW REGULATION ON TRADEMARK REGISTRATION

admin — Fri, 17 Apr 2026 07:07:26 +0000

NEW REGULATION ON TRADEMARK REGISTRATION

In January 2026, the Minister of Law of the Republic of Indonesia (the “Minister”) issued the Regulation of the Minister No. 5 of 2026 regarding Trademark Registration (“RM 5/2026”), which has been in effect since 23 February 2026. RM 5/2026 revokes the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 12 of 2021 regarding Amendment to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 67 of 2016 regarding Trademark Registration (“RM 12/2021”).

Below is a summary of the key changes introduced by RM 5/2026:

1. Trademark Filing Procedure

Under RM 5/2026, all trademark applications must be submitted electronically to the Minister through the official online system of the Directorate General of Intellectual Property (“DGIP”) of the Ministry of Law of the Republic of Indonesia (“MOL”). Consequently, this regulation formally eliminates manual (paper based) trademark filings, which were previously permitted under RM 12/2021. However, applicants who experience difficulties using the electronic system may visit the DGIP service counters or the regional offices of the MOL, where DGIP officers will provide assistance in submitting the application through the electronic system.

RM 5/2026 also reaffirms the availability of priority rights for applicants from member states of the Paris Convention or the World Trade Organization. Priority rights may be claimed by relying on the filing date of the first application in the country of origin, provided that the application in Indonesia is filed within a 6 (six) month period from the initial filing.

2. Application Requirements

RM 5/2026 amends and further specifies the documentary requirements applicable to trademark registration applications, as follows:

a. a trademark application form, containing essential information such as the applicant’s details, the trademark label, the relevant classes of goods and/or services, and priority details (if applicable);

b. a statement of trademark ownership;

c. a power of attorney, if the application is filed through an attorney;

d. a priority document, if priority rights are claimed;

e. identity or legal status documents of the applicant, depending on whether the applicant is an individual or a legal entity; and

f. a sound recording, if the trademark applied for is a sound mark.

Notably, the requirement to submit identity or legal status documents and sound recordings (for sound marks) constitutes a new requirement that was not expressly regulated under RM 12/2021.

Special Provisions for Micro and Small Enterprises (“MSE”)

If the applicant qualifies as an MSE, RM 5/2026 requires the submission of additional documents to prove such status. These may include, among others:

a. a valid MSE recommendation letter issued by Ministry of Micro, Small, and Medium Enterprises of the Republic Indonesia (issued for 1 (one) trademark per application and signed in the same year as the filing);

b. a business identification number (nomor induk berusaha) issued by online single submission system;

c. a certificate of establishment for an individual limited liability company issued by MOL; or

d. an approval for the establishment of a government affiliated legal entity (koperasi desa/kelurahan merah putih) issued by the MOL.

3. Assignment of Trademark Applications

Previously, RM 12/2021 only regulated the assignment of registered trademarks. Under RM 5/2026, the scope of assignable rights is expanded to include not only registered trademarks but also trademarks that are still at the application stage. Such assignments may take place due to inheritance, wills, grants, contractual arrangements, or pursuant to a change in trademark ownership, including as a result of the dissolution of a legal entity, corporate restructuring, merger, or acquisition.

4. Shortened Processing Timeframes

RM 5/2026 significantly shortens the processing time for several trademark related services, reflecting an overall effort to streamline administrative procedures. These changes include:

a. official excerpts of trademark certificates (penerbitan petikan resmi sertifikat merek) must now be issued within 1 (one) business day;

b. recordation of trademark protection extensions (pencatatan perpanjangan jangka waktu perlindungan merek terdaftar) must be completed within 4 (four) business days after the application is deemed complete;

c. notification of such recordation (pemberitahuan pencatatan perpanjangan jangka waktu perlindungan merek) must be provided within 3 (three) business days; and

d. trademark applications (pengumuman permohonan pendaftaran merek) must be published in the Official Trademark Gazette within 15 (fifteen) business days from the filing date.

Several of these timeframes were either substantially longer or not specifically regulated under RM 12/2021.

Conclusion

RM 5/2026 strengthens the move toward a fully electronic trademark registration system at DGIP and significantly reduces processing times for a number of key trademark services. These changes are expected to improve efficiency and provide greater certainty for trademark applicants.

LINK PDF: Client Alert re New Regulation on Trademark Registration

IMPLEMENTATION OF KBLI 2025

admin — Wed, 08 Apr 2026 07:14:00 +0000

IMPLEMENTATION OF KBLI 2025

On 25 March 2026, the Ministry of Investment and Downstream Industry/Head of the Investment Coordinating Board (BKPM), the Ministry of Law (“MOL”), and the Head of the Central of Bureau of Statistics issued the Joint Circular Letter No. 4.S/Tahun 2026, No. M.HH-1.HH.04.02/Tahun 2026, and No. 1/Tahun 2026 regarding the Implementation of the Adjustment to the Indonesian Standard Business Field Classification (Klasifikasi Baku Lapangan Usaha Indonesia – “KBLI”) of 2025 in the Administration of the Risk Based Business Licensing (herein referred to as “Circular Letter”).

The Circular Letter serves as an operational technical guideline for ministries/agencies, regional governments, notaries, and business entities in implementing the adjustment to KBLI 2025, particularly within the Directorate General of General Law Administration (Direktorat Jenderal Administrasi Hukum Umum – “Ditjen AHU”) system, Online Single Submission (“OSS”) system, and other ministerial/agency systems integrated with the OSS system.

In relation to the implementation of KBLI 2025, the following are several key provisions under the Circular Letter:

1. Validity of Existing Licenses

All basic requirements (including environmental approvals), business licenses (such as business identification number), and/or business licenses to support business activities (including electronic system operator registration), that were issued, verified, or approved prior to the implementation of KBLI 2025 will continue to remain valid.

2. Amendment to the Articles of Association (“AOA”)

A business entity is required to amend its AOA if there is any change to the company’s purposes and objectives and/or business activities. However, an amendment to the AOA is not required if the change is limited to the numerical KBLI code and does not result in a substantive change to the purposes and objectives or the scope of business activities as stipulated in the AOA. The adjustment of the KBLI code will be carried out automatically by the Ditjen AHU and OSS systems.

3. Government Implementation Timeline

The adjustment to KBLI 2025 within the Ditjen AHU and OSS systems will be implemented by the MOL and BKPM no later than 18 June 2026.

As of the date of this Client Alert, KBLI 2025 has not yet been implemented in the Ditjen AHU system, OSS system, and other ministerial/agency systems integrated with the OSS system, as these systems are still undergoing adjustments.

4. Use of KBLI 2020 during the Transition Period

During the transition period until the implementation of KBLI 2025 as referred to above:

a. the Ditjen AHU system will continue processing the legalization of business entities using KBLI
2020; and

b. the OSS system will continue processing risk based business licensing using KBLI 2020.

This Client Alert is intended to provide a brief overview only on the Circular Letter, thus, cannot be deemed as legal advice. Please do not hesitate to contact us if you need a more detailed discussion, advice, and/or have specific questions.

Link PDF : BIRP - Client Alert on the Implementation of KBLI 2025

NEW REGULATION ON APOSTILLE

admin — Wed, 01 Apr 2026 10:34:53 +0000

NEW REGULATION ON APOSTILLE

In December 2025, the Minister of Law of the Republic of Indonesia (the “Minister”) issued the Regulation of the Minister No. 50 of 2025 regarding Apostille Services (“RM 50/2025”), which came into effect on 17 December 2025. RM 50/2025 revokes Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 6 of 2022 regarding Apostille Legalization Services (“RM 6/2022”).

RM 50/2025 is intended to streamline the legalization of public documents for cross‑border use through the apostille mechanism under the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Convention”).

The following are several key provisions of RM 50/2025:

1. Apostille

An apostille refers to the certification of the authenticity of the signature of an official, the capacity in which the person signing the document has acted, and the identity of any stamp or seal affixed to the document, based on verification.

The official referred to above includes individuals holding authority and occupying a particular office or position within government offices, institutions, or other bodies, including public officials appointed by the government.

a. Authority and Scope

The Minister administers apostille services for documents issued within the territory of Indonesia that are intended for use in other countries which have also ratified the Convention, each also known in the Convention as a Contracting State. Countries that have ratified Convention include, among others, China, Japan, the United States, Indonesia, Australia.

b. Eligible Documents

Documents that need to be apostilled in Indonesia include, among others:

i. documents originating from authorities or officials connected with courts or tribunals, including court clerks, bailiffs, or public prosecutors (among others, indictment (surat dakwaan), prosecutor’s sentencing demand (surat tuntutan), prosecutor’s reply to the defense (replik));

ii. administrative documents, including educational documents, civil registration documents, and health documents;

iii. documents issued by Indonesian notaries, including notarial deeds (e.g., deeds of shareholders’ resolutions, deeds of sale and purchase); and/or

iv. official certificates attached to documents signed by individuals in a private capacity, such as certificates of registration, confirmation of validity dates, or certification of signatures.

Documents exempted from apostille requirements in Indonesia include:

i. documents signed by diplomatic or consular officials;

ii. documents with regards to commercial activity or customs; and/or

iii. administrative documents issued by the public prosecutor’s office which are issued for purposes outside judicial proceedings, among others, a legal opinion, letter of assignment or official order (surat tugas atau surat perintah), circular letter (surat edaran).

2. Apostille Application Procedure

Apostille applications are submitted electronically by individuals or entities (or their authorized representatives) to the Minister through the Director General of General Law Administration (Direktur Jenderal Administrasi Hukum Umum – “Dirjen AHU”) via the official Dirjen AHU website.

Applicants must complete the online application form and upload supporting documents, including identification documents, a power of attorney (if applicable), and the document to be apostilled.

a. Verification and Payment

Dirjen AHU will verify the application within a maximum of three working days after the application is deemed complete. Upon successful verification, the applicant will receive a payment notification for the applicable Non‑Tax State Revenue fee.

b. Collection of Apostille Certificate

After payment, the applicant will receive an electronic notification regarding collection of the apostille certificate. The applicant must present the original document at the apostille service counter.

The apostille certificate must be collected within sixty calendar days from the date of payment. Failure to do so will result in forfeiture of the application and payment.

3. Introduction of e-Apostille

RM 50/2025 introduces provisions on electronic apostille (e‑apostille), which were not regulated under RM 6/2022. Under RM 50/2025, apostille may come in the form of:

a. conventional apostille certificate physically attached to the document; or

b. e‑apostille certificate electronically attached to digitally signed documents and delivered electronically to the applicant.

The procedures for application, verification, and payment are identical. The difference lies in the actual form of the apostille certificate.

As of the date of this Client Alert, the Minister’s e‑apostille service has not yet been implemented. RM 50/2025 provides that e‑apostille services must be implemented within two years from its promulgation.

4. Practical Implications

a. Simplified Legalization Process

RM 50/2025 enhances the use of apostille as a streamlined alternative to multi layered consular legalization for Indonesian documents intended for use in Convention countries.

b. Transaction Timing Considerations

For conventional apostille, applicants should factor in verification timelines and the requirement to physically present original documents for collection.

c. Future Adoption of e-Apostille

While not yet implemented, the legal framework for e-apostille is now in place and is expected, once operational, to improve efficiency for electronically signed documents.

This Client Alert is intended to provide a brief overview of selected provisions of RM 50/2025 and does not constitute legal advice. If you require further information or specific advice in relation to apostille services, please do not hesitate to contact us.

LINK PDF: Copy of Client Alert 02 March 2026

KBLI 2025

admin — Mon, 12 Jan 2026 10:32:37 +0000

KBLI 2025

In December 2025, the Central Bureau of Statistics (Badan Pusat Statistik – “BPS”) issued BPS Regulation No. 7 of 2025 regarding Indonesian Standard Business Field Classification (Klasifikasi Baku Lapangan Usaha Indonesia – “KBLI”) (hereinafter referred to as “KBLI 2025”), which came into effect on 18 December 2025. By the enactment of KBLI 2025, the previous regulation, i.e., BPS Regulation No. 2 of 2020 regarding KBLI 2020 (hereinafter referred to as “KBLI 2020”), has been revoked and is no longer valid.

KBLI 2025 was issued to update Indonesia’s business activity classification framework through the adoption of the International Standard Industrial Classification of All Economic Activities, Revision 5, and to align such framework with prevailing economic developments in Indonesia. The following are several key provisions of KBLI 2025:

1. Forms of Changes under KBLI 2025

a. Update of KBLI Categories, among others, previously under KBLI 2020, KBLI category G covered wholesale and retail trade activities, including the repair and maintenance of motor vehicles and motorcycles. Under KBLI 2025, category G now only covers wholesale and retail trade activities, while repair and maintenance activities have been reclassified under category T (other service activities).

b. Subdivision of KBLI Codes, among others, previously under KBLI 2020, carbon capture and storage activities were included under KBLI No. 39000, which relates to remediation activities and other waste and refuse management. Under KBLI 2025, such KBLI code has been split into 3 (three) new separate KBLI codes, i.e., KBLI No. 39001 for carbon capture activities, KBLI No. 39002 for carbon storage activities, and KBLI No. 39009 for remediation activities and other waste or refuse management.

c. Introduction of New KBLI Codes, among others, previously under KBLI 2020, certain financial service activities, such as crypto assets and carbon units, were not specifically accommodated. Under KBLI 2025, new classifications have been introduced to accommodate such activities, i.e., KBLI No. 64994 for proprietary trading of crypto assets, KBLI No. 64995 for trading of carbon units, and KBLI No. 64999 for issuance of crypto assets with liabilities.

2. Obligation to Adjust to KBLI 2025

KBLI serves as the classification system for economic activities in Indonesia that generate products or outputs, whether in the form of goods or services. In practice, KBLI is used for various purposes, including company registration and amendments to corporate data, the processing of business licenses (e.g., risk-based business licensing such as the Business Identification Number – (Nomor Induk Berusaha – “NIB”)), and the

fulfilment of reporting obligations by business actors, including the Investment Activity Report.

KBLI 2025 requires that all KBLI codes that have been previously applied be adjusted to comply with the provisions of KBLI 2025 within a period of 6 (six) months as of 18 December 2025.

Going Forward

We still need to see further measures taken by the relevant government authorities, including the Ministry of Law of the Republic of Indonesia and the Indonesia Investment Coordinating Board, in relation to the implementation of KBLI 2025.

Nonetheless, in light of the changes in business classifications under KBLI 2025 and the adjustment deadline as mentioned above, companies are advised to identify the alignment between their current business activities (as stated in their articles of association and NIB) and the relevant KBLI classifications under KBLI 2025. Such identification is required to determine whether any amendments to the company’s corporate documents are necessary for compliance purposes and to ensure a smooth process in obtaining the permits and/or licenses (if relevant).

This Client Alert is intended to provide a brief overview only on several provisions and may not cover all provisions under the KBLI 2025, thus, cannot be deemed as legal advice. Please do not hesitate to contact us if you need a more detailed discussion, advice, and/or have specific questions.

BRIGITTA I. RAHAYOE & PARTNERS

Emails: Brigitta I. Rahayoe Adiwidya I. Rahayu

brigitta@brigitta.co.id adiwidya.rahayu@brigitta.co.id

AhmadFadli Michael H. Giovanni

ahmad.fadli@brigitta.co.id michael.giovanni@brigitta.co.id

LINK PDF: BIRP-Client-Alert-re-KBLI-2025-2026-01-121.pdf

New Regulation on Limited Liability Companies

admin — Wed, 07 Jan 2026 10:03:37 +0000

New Regulation on Limited Liability Companies

In December 2025, the Minister of Law of the Republic of Indonesia (the “Minister”) issued Regulation of the Minister No. 49 of 2025 regarding the Requirements and Procedures for the Establishment, Amendment, and Dissolution of Limited Liability Companies (“RM 49/2025”), which came into effect on 17 December 2025.

The enactment of RM 49/2025 revokes Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 21 of 2021 regarding the Requirements and Procedures for the Registration of the Establishment, Amendment, and Dissolution of Limited Liability Companies (“RM 21/2021”).

One of the key provisions of RM 49/2025 is regarding the annual report of a limited liability company. In implementing the provisions of the Indonesian Company Law, RM 49/2025 reiterates the obligation of the Board of Directors (“BOD”) of a limited liability company to submit the annual report to the General Meeting of Shareholders (“GMS”), after having been reviewed by the Board of Commissioners, no later than six (6) months after the end of the limited liability company’s financial year.

However, RM 49/2025 introduces a new requirement, whereby the approval of the annual report by the GMS must now be set forth in a notarial deed and submitted to the Minister by the BOD through a notary within a maximum period of 30 (thirty) calendar days from the date the notarial deed is executed. Such submission must be made electronically through the Legal Entity Administration System (Sistem Administrasi Badan Hukum – “SABH”), by uploading the following supporting documents:

the notarial deed regarding the approval of the annual report; and
the annual report.

Upon receipt of the approval of the annual report, the Minister, through the Directorate General of General Legal Administration (Direktorat Jenderal Administrasi Hukum Umum – “Ditjen AHU”), shall issue a receipt of notification.

A limited liability company that fails to comply with the above obligation or that exceeds the prescribed deadline for the submission of the GMS approval of the annual report may be subject to administrative sanctions imposed by the Minister through the Ditjen AHU, in the form of a written warning and blocking of the limited liability company’s access to the SABH.

This Client Alert is intended to provide a brief overview only on several provision and may not cover all provisions under the RM 49/2025, thus, cannot be deemed as a legal advice. Please do not hesitate to contact us if you need a more detailed discussion, advice, and/or have specific questions.

BRIGITTA I. RAHAYOE & PARTNERS

Emails: Brigitta I. Rahayoe Adiwidya I. Rahayu

brigitta@brigitta.co.id adiwidya.rahayu@brigitta.co.id

AhmadFadli Michael H. Giovanni

ahmad.fadli@brigitta.co.id michael.giovanni@brigitta.co.id

LINK PDF: CA-2026-01-07-BIRP-re-New-Regulation-on-Limited-Liability-Companies1.pdf