Mary Osmond is blogger/traveller & lawyer. Mary Osmond began with the idea of creating a two-way dialogue about the world of law, travel, music and their relationship to daily life.
She works as a legal consultant in Indonesia. Her primary practice areas are Environmental law, Foreign Direct Investment, Labor Law, Broadcasting & Press Law, Intellectual Property Rights. She graduated from Groningen University, the Netherlands (LLM Program on International & Business Law) and Atmajaya University, Jakarta (Bachelor on Law). She also holds a Diploma Certificate on International Environmental law from United Nations for Training and Research (UNITAR).
Further info: http://id.linkedin.com/pub/mary-osmond/2/187/305
Contact: mary@maryosmond.com
Thanks for the 15 April article JC on new draft of negative list. Just wondering if i can get your email adress, so i can email you. I am currently a professional in a corporate finance company. Hope we can interact further on the negative list, if you may
Many thanks!
hi Surya! based on one of newspapers (i think JakartaGlobe), Gita Wiryawan confirmed that the new negative list will be issued this week. some business sectors like education and health care now open for foreign investors.
We have a PMA company in Indonesia, appreciate it if you could give us some consultations by emails, thank you!
hi katherine, you may send emails to mary.osmond@gmail.com
Hi Missjc,
I am a Singaporean looking forward to invest in a Swallow’s Nest business in
Indonesia together with an Indonesian friend.
Could you advice on what are the laws and regulations which i would required to take note of? Is there any restrictions or criteria for me to Invest in Indonesia?
Best Regards,
Jeffrey
Hi Jeffrey,
You may check Law No. 25 of 2007 regarding Investment, the President Regulation No. 36 of 2007 regarding the Negative List. You may check whether your business line is line with Negative List. Also, you may check the Government Regulaiton No. 1 of 2007 regarding the tax facilities for investment on certain sectors/regions whether you can receive the said facilities.
Hi, Missjc,
Can you help find the content of article 1266 and 1267 of Indonesia civil code? I can get it online.
Regards.
Steven
Hi Steven,
Please find unofficial english translation of Artcile 1266 and 1267 Indonesia Civil Code
Pasal 1266
The cancelation term is deemed that always be stipulated in the reciprocal agreement, in the event that one party does not fulfill its obligation. In such case, the agreement isn’t null and void, but cancelation must be requested to the Court. The request shall be conducted, although the cancelation requirement on non-performance obligations stipulated in the agreement. If the cancelation requirement isn’t stipulated in the agreement, then the Judge reviews the conditions, based on the request of the defendant; freely provide a certain period to fulfill obligations, but that certain period cannot be longer than a month.
Article 12667
Party that his/her engagement was not fulfilled, can choose, to force other Parties to fulfill the agreement, if it still can be conducted, or demanded the cancelation of agreement, with compensation of cost, loss and interest.
With regard to these articles, therefore, as a lawyer, we have to insert provision on waiver of 1266. So, if the parties want to terminate the agreement, they do not have to go to Court.
Cheers,
Mary
Thanks for your advice on “Waiving Article 1266 and Article 1267 Indonesia Civil Code” which was quite helpful to me.
Miss JC,
I could mistaken you for a model.
Anyways back to business, I am from UK and in business with some Indonesian friends. I am looking to import high end Audio Speakers, Amps etc. Just need your input on customs issues. They landed me with a large bill last time so i don’t want to be falling on mines.
What are the best practices in acquiring import license and clearance. What steps could you advise me to take on. I am looking to import and sell products here.
Thanks
Zahir
I would like to speak with you re obtaining an import Export licence.
Have established a PT company in Bali. We need to import raw form plastic moulded items into Bali, value add then export globally.
My imports are from China. Know all the HS codes.
I also need to import some machinery.
Can you advise. Happy to retain you after knowing your cost and time frames to obtain the licences.
I also have a supply business for the drilling and exploration industries and require import licence for this.
Have has so much misinformation that I am considering moving to another country.
Russell Neilson
Dear Russell, I assume that your company is in the form of foreign investment company or PT PMA. You must obtain an import license from BKPM. You also must obtain izin import plastic or plastic import license. For machinery importation, you can obtain master list from BKPM. Master list is facility for foreigner investors on excises. I am in-house legal counsel now. However, I can recommend you to contact my former collegue. Please send me an email to mary.osmond@gmail.com