A Deal Before Trial: The Emerging Framework of Deferred Prosecution Agreement (DPA) Under Indonesia’s New 2025 Criminal Procedure Code
Author: Salsabila Dewi Pratiwi, S.H. I. Introduction The enactment of Law No. 20 of 2025 on the Criminal Procedure Code (“KUHAP 2025“) marks a significant development in Indonesia’s criminal justice system. Replacing Law No. 8 of 1981 on the Criminal Procedure Code, which had governed criminal procedure for more than four decades, KUHAP 2025 introduces […]
The Separation of Two Trademark Transfer Regimes Following Permenkum No. 5/2026
Minister of Law of the Republic of Indonesia Regulation No. 5 of 2026 on Trademark Registration (“Permenkum 5/2026”) came into force on 23 February 2026 and replaced Minister of Law and Human Rights Regulation No. 67 of 2016, as amended by Minister of Law and Human Rights Regulation No. 12 of 2021. One of the […]
Outsourcing under Government Regulation No. 35 of 2021 and Minister of Manpower Regulation No. 7 of 2026
Introduction The practice of outsourcing in Indonesia has developed alongside business demands for efficiency and flexibility in workforce management. the foundation of outsourcing is stipulated under Article 64 paragraph (1) Law Number 13 of 2003 as amended by Law Number 6 of 2023 concerning Job Creation. The derivative regulation of outsourcing was stipulated through Government […]
The Monkey Pressed the Button, But Humans Still Hold the Law: A Portrait of Copyright and Image Rights in Indonesia
Under Indonesia’s Copyright Law, Law No. 28 of 2014 on Copyrights, a photograph sits at the intersection of two different legal worlds: the copyright of the photographer, and the image rights of the person being photographed. These two worlds do not cancel each other out, they coexist and the law recognizes both as valid and […]
The Growing Momentum of IP-Based Financing in Indonesia
For many years, the idea of realizing intellectual property (“IP”) as an ‘asset’ to generate ‘actual money’ in Indonesia existed more as a legislative promise than a practical reality. When the Government enacted the Creative Economy Law (Law No. 24 of 2019) and later issued Government Regulation / PP No. 24 of 2022 on the […]
Constitutional Court Reinterprets Article 82 of Law 2/2004 Through Decision No. 132/PUU-XXIII/2025
On 17 September 2025, the Constitutional Court issued Decision No. 132/PUU-XXIII/2025, which establishes a new interpretation of Article 82 of Law No. 2 of 2004 on Industrial Relations Dispute Settlement. This ruling replaces the earlier interpretation set out in Decision No. 94/PUU-XXI/2023. Under the previous framework, the one-year limitation period for filing a termination-of-employment claim […]
PARTICIPATION AS PROTECTION: WHY PUBLIC CONSULTATION MATTERS FOR ENVIRONMENTAL IMPACT ASSESSMENT
Public consultation is key in environmental impact assessments, ensuring community participation and protection in Indonesian law.
NOMINEE MECHANISM FOR BENEFICIAL OWNER’S INTERESTS IN MAKING INVESTMENT IN A LIMITED LIABILITY COMPANY
I. Introduction Ultimate Beneficial Owner (UBO) is an individual who ultimately controls or obtains benefits from a company or legal entity. The laws and regulations in Indonesia use the term “Pemilik Manfaat” for Beneficial Owner (BO). Basically, the terms “UBO”, “BO”, and “Pemilik Manfaat”1 have the same nature, but each country has a different use […]
LENIENCY IN CRIMINAL SENTENCE FOR JUSTICE COLLABORATORS WHO SUPPORTS LAW ENFORCEMENT AUTHORITIES BY UNCOVERING CRIMINAL CASES
I. INTRODUCTION The key to a successful criminal law enforcement depends on the evidence that has been found and revealed. Article 184 paragraph (1) Law No. 8 of 1981 on Criminal Procedural Law (“KUHAP”) regulates list of forms of evidence applicable on a criminal proceeding, and the first form of evidence listed is the testimony […]
PROTECTION OF OPEN-SOURCE SOFTWARE FROM A COPYRIGHT PERSPECTIVE IN INDONESIA
How is open source regulated in the copyright law in Indonesia? Despite its nature, which allows public access and use, under Article 40 paragraph (1) item(s) of the Copyright Law (UU Hak Cipta), open-source software is classified as a creation in the form of a computer program and thus remains protected under the Copyright Law. For further explanation, […]