Brigitta I. Rahayoe & Partners

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 Failure to pay these fees will result in the application being deemed withdrawn.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 Application Deemed Withdrawn

A patent application may be withdrawn voluntarily by the applicant if it has not yet been rejected or granted.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.

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 trademark registration or related matters.

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

Justifying Grounds and Excusing Grounds under the New Indonesian Criminal Code

admin — Thu, 27 Nov 2025 01:46:59 +0000

Justifying Grounds and Excusing Grounds under the New Indonesian Criminal Code

In 2023, the Government of the Republic of Indonesia enacted the Law of the Republic of Indonesia No. 1 of 2023 regarding the Indonesian Criminal Code, also referred to as the Kitab Undang-Undang Hukum Pidana (“KUHP”). In addition to repealing the former KUHP, the enactment of the new KUHP renders various provisions in various existing laws and regulations inapplicable, among others, those found of in the Anti-Human Trafficking Law, the Anti-Narcotics Law and the Anti-Money Laundering Law. This new KUHP was promulgated on 2 January 2023 and will become effective on 2 January 2026.

The KUHP regulates various provisions on criminal offenses, including terminology relating to the grounds (alasan) for justification and excuse. In this regard, the KUHP recognizes justifying grounds (alasan pembenar) and excusing grounds (alasan pemaaf). A brief outline is provided below:

Justifying Grounds

A criminal offense constitutes an act that is subject to criminal sanctions and/or measures under the laws and regulations. To be considered a criminal offense, an act that is subject to criminal sanctions and/or measures under the laws and regulations must be unlawful or contrary to the law living within society.

Every criminal offense is inherently unlawful, unless there is a justifying ground. The relevant provisions provide that no person shall be subject to punishment for committing a prohibited act if such act was:

a. carried out to implement a provision of the laws and regulations;

b. carried out in compliance with an official order from a competent authority;

c. necessitated by an emergency situation; and/or

d. compelled and carried out in defence against an unlawful and imminent attack or threat of attack on oneself, another person, honour in the sense of decency, or property belonging to oneself or another person.

2. Excusing Grounds

In addition to the justifying grounds described above, the KUHP also recognizes excusing grounds (alasan pemaaf). The relevant provisions are as follows:

a. Criminal liability shall not be imposed on a child who, at the time of committing the offense, is under 12 (twelve) years of age;

b. No person shall be subject to punishment for committing a criminal offence if such act was compelled by an irresistible force or by a threat, pressure, or force that could not be avoided;

c. No person shall be subject to punishment for committing necessary defence that exceeds limits if such excess was caused by severe mental shock directly resulting from an unlawful and immediate attack or threat of attack; and/or

d. An official order issued without proper authority does not absolve criminal liability, unless the person receiving the order believes in good faith that the order is authorized and that its execution falls within the scope of his/her duties.

Relation to Corporations

Under the KUHP, a corporation is recognized as a subject of criminal liability. A corporation includes legal entities in the form of limited liability companies, foundations, cooperatives, state-owned enterprises, regional-owned enterprises, or entities treated as such, as well as associations with or without legal entity status, and business entities in the form of partnerships (firma), limited partnerships (persekutuan komanditer), or entities treated as such in accordance with the laws and regulations.

A corporate criminal offense is an offense committed by a managerial officer holding a functional position within the corporation’s organizational structure, or by a person acting under an employment relationship or any other arrangement for and on behalf of, or for the benefit of, the corporation within the scope of its business or activities, whether individually or jointly.

With respect to justifying and excusing grounds, any such ground that may be invoked by a managerial officer with functional authority, an order giver, a controller, and/or a beneficial owner of the corporation may likewise be invoked by the corporation, provided that such grounds directly relate to the criminal offense charged against the corporation.

If an individual holding a functional position within the corporation’s organizational structure acts for and on behalf of, or for the benefit of, the corporation under an employment

relationship or other arrangement within the scope of the corporation’s business, a justifying ground may be invoked on behalf of the corporation. For example, an employee who damages government-owned waste disposal pipes in order to save other employees of the company.

This Client Alert is intended to provide a brief overview only on several provision and may not cover all provisions under the KUHP, 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

Ahmad Fadli Michael H. Giovanni

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

LINK PDF: BIRP-Client-Alert-on-Justifying-and-Excusing-Grounds-under-the-New-KUHP-2025-11-271.pdf

New Amendment to Import Regulation

admin — Fri, 21 Nov 2025 09:32:39 +0000

New Amendment to Import Regulation

In October 2025, the Minister of Trade of the Republic of Indonesia (the “Minister”) issued Regulation of the Minister No. 37 of 2025 regarding the Amendment to the Regulation of the Minister No. 16 of 2025 regarding the Import Policy and Regulation (“RM 37/2025”), which came into effect on 5 November 2025.

As its title suggests, RM 37/2025 is an amendment to the Regulation of the Minister No. 16 of 2025 regarding the Import Policy and Regulation (“RM 16/2025”), and therefore RM 37/2025 introduces several changes and additions to the provisions under RM 16/2025. The following are several key provisions of RM 37/2025:

Amendment to the Business Identification Number (Nomor Induk Berusaha – “NIB”) that Functions as an Importer Identification Number (Angka Pengenal Importir – “API”)

RM 16/2025 and RM 37/2025 both stipulate that an amendment to an NIB that functions as an API may only be made from an NIB that functions as a General API (API Umum – “API-U”) to an NIB that functions as a Producer API (API Produsen – “API-P”).

However, previously RM 16/2025 only provided that such amendment may be made in the event that:

a. The importer does not have a valid Import Approval and/or Surveyor Report; or

b. The importer that has a valid Import Approval and/or Surveyor Report is not in the process of realizing its import.

RM 37/2025 now adds to these provisions. Accordingly, the amendment of an NIB that functions as API-U to an NIB that functions as API-P may only be made in the event that:

i. The importer does not have a valid Registered Importer (Importir Terdaftar), Producer Importer (Importir Produsen), Import Approval (collectively referred to as the “Import Licenses”), Certificate (Surat Keterangan), and/or Surveyor Report; or

ii. The importer has valid Import Licenses, Certificate (Surat Keterangan), and/or Surveyor Report, and is not in the process of realizing its import.

2. Revocation of NIB that functions as API

Previously, RM 16/2025 did not regulate the revocation of an NIB that functions as an API. RM 37/2025 now introduces such provision, under which an API may be revoked in the event that:

a. The importer does not have valid Import Licenses, Certificate (Surat Keterangan), and/or Surveyor Report; or

b. The importer has valid Import Licenses, Certificate (Surat Keterangan), and/or Surveyor Report, and is not in the process of realizing its import.

With respect to goods that have already been imported, the following provisions apply:

i. Goods imported by an importer holding an NIB that functions as API-U prior to the revocation may be traded or transferred; and

ii. Goods imported by an importer holding an NIB that functions as API-P prior to the revocation may not be traded or transferred either before or after the revocation.

3. Addition of Data Elements and/or Information in the Surveyor Report

RM 16/2025 and RM 37/2025 maintain the same general provisions relating to the Surveyor Report, including verification and technical tracing that may only be conducted by surveyors appointed by the Minister, the locations where such verification and technical tracing may be conducted, and other related requirements.

However, previously RM 16/2025 required that a Surveyor Report must contain at least the following data elements and/or information.

a. Number and issuance date of the Surveyor Report;

b. Tariff post/harmonized system;

c. Quantity and unit of goods; and

d. Port of destination, except for Surveyor Reports issued in a Free Trade Zone and Free Port (Kawasan Perdagangan Bebas dan Pelabuhan Bebas – “KPBPB”), a Special Economic Zone (Kawasan Ekonomi Khusus – “KEK”), or a Bonded Zone (Tempat Penimbunan Berikat – “TPB”).

Now, in addition to the above, RM 37/2025 introduces additional data elements and/or information that must be included in the Surveyor Report, namely:

i. The loading port located in KPBPB, for verification and technical tracing conducted within the KPBPB area; and

ii. The name and address of the KEK or TPB, for verification and technical tracing conducted within the KEK or TPB area.

This Client Alert is intended to provide a brief overview only on several provision and may not cover all provisions under the RM 37/2025, 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

Ahmad Fadli Michael H. Giovanni

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

LINK PDF: BIRP-Client-Alert-on-New-Amendment-to-Import-Regulation-2025-11-211.pdf

NEW GOVERNMENT REGULATION ON FINANCIAL REPORTING

admin — Thu, 20 Nov 2025 08:55:30 +0000

NEW GOVERNMENT REGULATION ON FINANCIAL REPORTING

The Government of the Republic of Indonesia has issued Government Regulation Number 43 of 2025 regarding Financial Reporting which was enacted and took effect on 19 September 2025 (“GR 43/2025”). As stated in its elucidation, the regulation is intended to create a robust financial reporting ecosystem and also as one the implementing regulations of Law No. 4 of 2023 regarding Development and Strengthening of the Financial Sector.

Below are some key provisions under GR 43/2025.

Reporting Platform

The financial reports shall be submitted through a centralized financial reporting platform (platform bersama pelaporan keuangan – “PBPK”) to the relevant Ministry, Institution and/or Authority.

Reporting Parties

The reporting entities which are required to prepare and submit the financial reports through PBPK are financial sector business actors (pelaku usaha sektor keuangan – “PUSK”) and any party that conduct business interactions with financial sector institutions.

PUSK, as the reporting entities includes:

a. institutions operating within the banking, capital market, insurance, pension fund and financing sectors;

b. pawnshop companies, guarantee institutions, export financing agencies, secondary mortgage companies, information technology based joint funding service providers, and institutions that manage mandatory public funds and other financial service institutions under the supervision of the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”); and

c. financial market infrastructure operators, payment system operators, financial sector supporting institutions and other financial sector business operators, whether operating based on conventional or sharia principles.

Further, party(ies) that conduct business interactions with financial sector institutions categorized, as the reporting entities includes:

a. legal entities or non legal entities which are required to maintain bookkeeping;

b. individuals who are required to submit financial statements whenever engaging in business interactions within the financial sector;

c. individuals who are required to engage in bookkeeping based on the applicable tax regulations;

any party who is a debtor of a bank;

any party who is a debtor of a financing company or institution;
an issuer in the capital market sector and/or a public company;
an issuer in the money market; and
any party engaging in other business interactions with the financial sector.

Preparation and Submission of Financial Reports

The parties that are authorized to prepare financial reports are individuals who possess the required competence and integrity and/or Financial Sector Supporting Professions, i.e., practicing accountants or public accountants. The financial reports must comply with the financial reporting standards established by a Standards Committee to ensure consistency, comparability, and transparency. At the time this regulation comes into force, the financial accounting standards previously established by the Professional Accountants Association shall remain applicable until the Financial Reporting Standards are formally issued by the Standards Committee. During this transitional period, the Professional Accountants Association may continue to establish financial accounting standards until the members of the Standards Committee are appointed.

Each financial statements report must be submitted with a statement letter printed on a separate page of the report, which must be signed by the business owner (if individual reporting entities) or the authorized person (if reporting entities are legal entity or non legal entity). In addition to annual reports, specific purpose reports may be requested by authorities, such as those needed for prospectus preparation or credit agreement compliance.

GR 43/2025 also provides further specific types of reports required to be submitted through PBPK, which depending on the scale of business activities conducted by the reporting entities, as follows:

No.	Category	Documents to be Submitted
1	reporting entity is a parent entity	- consolidated financial statement;- parent entity financial statements as supplementary information of consolidated financial statement; and- other supporting documents (if required)
2	reporting entity subject to mandatory audit requirements	- audited financial statements;- independent auditor’s report on the financial statements; and- other supporting documents (if required)
3	parent entity subject to mandatory audit requirements	- audited consolidated financial statements;- parent entity financial statements;- independent auditor’s report on the consolidated financial statements; and- other supporting documents (if required)

Commencement of Report

The submission of financial report through the PBPK shall be implemented in stages. For reporting entities which are publicly listed companies and issuers in the capital market sector, the obligation shall be applied at latest in 2027. While for other types of reporting entities shall follow the implementation schedule as determined by the Minister of Finance of the Republic of Indonesia (“MOF”) after coordinating with the relevant Ministries, Institutions and/or Authorities.

Sanction

In the event that a reporting entity fails to fulfill its obligations to prepare financial statements in accordance with the applicable financial reporting standards and does not submit the financial statements through the PBPK, the reporting entity may be subject to administrative sanctions imposed by the relevant Ministries, Institutions, and/or Authorities.

Going Forward

We still need to see further measures taken by the government as further implementing regulations are to be issued by the MOF.

This Client Alert is intended to provide a brief overview only on several provisions and may not cover all provisions under the GR 43/2025, 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 Rahayu

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

Ahmad Fadli Michael Giovanni

ahmad.fadli@brigitta.co.id adiwidya.rahayu@brigitta.co.id

LINK PDF: BIRP-Client-Alert-re-Financial-Reporting1.pdf

Registration of Horticultural Plant Varieties

admin — Thu, 20 Nov 2025 06:28:54 +0000

Registration of Horticultural Plant Varieties

In October 2025, the Minister of Agriculture of the Republic of Indonesia (the “Minister”) issued Regulation of the Minister (“RM”) No. 24 of 2025 regarding the Registration of Horticultural Plant Varieties (“RM 24/2025”), which came into effect on 13 October 2025. By the enactment of RM 24/2025, the previous regulation, i.e., RM No. 38/PERMENTAN/OT.140/7/11 of 2011 regarding the Registration of Horticultural Plant Varieties (“RM 38/2011”), has been revoked and is no longer valid. Similar to RM 38/2011, the objective of RM 24/2025 is to protect consumers from circulation and procurement of seeds whose performance or varietal characteristics do not conform with the registered description. The following are several key provisions of RM 24/2025:

1. Registration Requirement

Previously, RM 38/2011 required the registration of horticultural plant varieties (“Variety”) resulting from domestic breeding (“Breeding”) or superior local varieties (“Local Variety”) before such varieties could be distributed. Under RM 24/2025, the scope of this requirement has been expanded to include Variety introduced from abroad (“Introduced Variety”), which must also be registered prior to distribution.

2. Registration Stages

Previously, RM 38/2011 did not provide specific provisions regarding the stages of Variety registration. Under RM 24/2025, the Variety registration process is now classified into 4 (four) stages, i.e.:

a. Testing (Superiority and Authenticity);

b. Assessment by the Horticultural Varieties Registration Evaluation Team;

c. Submission of the application through the electronic system; and

d. Issuance of the variety registration certificate.

This clarification provides a clearer and more structured process, thereby facilitating the registration of Variety by horticultural business actors (“Business Actors”).

3. Types of Testing

Previously, RM 38/2011 was limited to regulating Authenticity Testing, while Superiority Testing was merely referred to as one of the supporting documents for registration of Variety application. Under RM 24/2025, the testing process is clarified and divided into 2 (two) distinct types, i.e.:

a.Superiority Testing, conducted to prove the superior characteristics of Variety through adaptation testing, which must be carried out at least at:

i. 1 (one) location that aligned with the Variety’s development plan or production centre, for Variety resulting from Breeding; or

ii. 3 (three) locations within the same agroclimatic zone, for Introduced Variety.

For the following categories of Variety:

i. perennial plant Variety, except perennial Introduced Variety that has not been in production for more than 5 (five) years;

ii. Local Variety that has been cultivated and remains viable in the community for at least the past 5 (five) years;

iii. annual plant Variety that requires specific growing conditions; or

iv. Variety produced in limited quantities with relatively low market demand,

Superiority Testing may be conducted through observation testing.

b. Authenticity Testing, conducted to verify the conformity between Variety’s

performance and its description, which may be carried out:

i. after the completion of Superiority Testing; or

ii. concurrently with Superiority Testing.

4. Application Platform

Previously, RM 38/2011 required registration of Variety application to be submitted manually in writing to the Minister through the Head of the Center for Plant Variety Protection and Agricultural Licensing (Pusat Perlindungan Varietas Tanaman dan Perizinan Pertanian - “PPVTPP”), using physical forms. Under RM 24/2025, the process has been adjusted in alignment with the electronically integrated business licensing services, whereby applications must be submitted by Business Actors to the Head of PPVTPP through the Online Single Submission (OSS) system.

5. Post-Registration Obligation for Introduced Variety

Previously, RM 38/2011 only required Business Actors to submit a statement letter declaring that Introduced Variety would be produced domestically within 2 (two) years after registration (“Domestic Production”). Under RM 24/2025, in support of national seed self-sufficiency, this requirement is now stipulated as a mandatory obligation, requiring Business Actors to ensure the actual implementation of Domestic Production. Failure to fulfil this obligation may result in the revocation of the variety registration certificate, subject to supervision by authorized seed supervisory officers, unless the seeds cannot yet be produced domestically.

6. Supervision and Sanctions

Previously, RM 38/2011 regulated the supervision of registered Variety that violated applicable provisions, with administrative sanctions in the form of revocation of the variety registration certificate, if discrepancies in the description, pest infestation, or environmental damage were identified. Under RM 24/2025, the scope of violations subject to sanctions has been expanded. In addition to non-compliance with the Domestic Production obligation referred to in point 5 above, revocation of the variety registration certificate may also be imposed if the registered Variety is proven to have been previously registered. This Client Alert is intended to provide a brief overview only on several provisions and may not cover all provisions under the RM 24/2025, 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 Rahayu

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

Ahmad Fadli Michael Giovanni

ahmad.fadli@brigitta.co.id adiwidya.rahayu@brigitta.co.id

LINK PDF: BIRP-Client-Alert-re-Registration-of-Horticultural-Plant-Varieties3.pdf