Understanding Employee Termination Rules in Indonesia

A senior employee arrives at the office on Monday morning, only to be called into a meeting with HR. Ten minutes later, their company email is disabled and they are told their services are no longer needed. Under Indonesian law, this scenario however familiar it may feel, is almost certainly illegal. Indonesia has one of […]

Restructuring Instead of Liquidation: The Corporate Rescue Function of PKPU

Financial distress is often perceived as the beginning of a company’s collapse. However, modern insolvency systems are no longer designed solely to liquidate financially troubled companies, but also to preserve businesses that still possess economic value through restructuring mechanisms. In Indonesia, this objective is reflected in Law Number 37 of 2004 concerning Bankruptcy and Suspension […]

Between Confusion and Certainty: Trademark Protection Under Indonesia’s First-to-File System

Trademark infringement is often assumed to depend on the similarity between marks. Trademarks that resemble one another visually, in sound, or conceptually are generally considered likely to create confusion in the marketplace. In the Indonesian context, however, that assumption does not always apply. The outcome of a trademark dispute is not determined solely by similarity, […]

Due Diligence as a Key Stage in Mergers and Acquisitions Transactions

Due diligence constitutes a critical stage in mergers and acquisitions (M&A) transactions, aimed at assessing the overall condition of a target company from both legal and commercial perspectives. Through this process, prospective investors or acquiring parties are able to identify risks, uncover potential liabilities, and ensure that the contemplated transaction is viable. Beyond a mere […]

When “Different” Starts Looking the Same: Online Lending Competition Under KPPU’s Lens

The rapid expansion of Indonesia’s online lending industry has not only generated service innovation, but has also created new dynamics in competition law. Business actors are expected to remain agile and responsive to market developments, yet they operate within the clear constraints established by Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices […]

Enforcement of Security through Auction and Its Practical Limits

The enforcement of security through public auction remains a primary mechanism available to creditors in addressing debtor default under Indonesian law. This authority is grounded in Law No. 4 of 1996 on Mortgage (“Mortgage Law”), particularly Article 20, which entitles the first-ranking mortgage holder to sell the secured asset through a public auction. Such entitlement […]

Business Partnerships and Trademark Ownership: The Risks of Informal Business Structures

Business growth often moves faster than legal structuring. Many businesses begin through personal relationships, informal role-sharing, or collaborations built primarily on trust. At an early stage, such arrangements may appear practical and efficient. However, as a business gains greater commercial value, the absence of clear arrangements regarding ownership, authority, and intellectual property rights may gradually […]

International Agreement

According to the definition provided by the International Law Commission (ILC), a treaty is any agreement that is formulated in written form, which may consist of a single instrument or multiple separate instruments, made by two or more states or other subjects of international law, and governed by international law, regardless of the terminology used. […]

UNCLOS 1982 and Its Provisions for Global Maritime Governance

The United Nations Convention on the Law of the Sea (UNCLOS), adopted by UN member states in 1982, serves as the comprehensive legal framework governing the rights and obligations of States concerning the use of oceans, exclusive economic zones (EEZs), claims to marine resources, and the preservation of the marine environment. UNCLOS comprises 17 parts addressing […]