Brigitta I. Rahayoe & Partners » Bayu Wicak

NEW REGULATION ON ABANDONED AREAS AND ABANDONED LAND

Bayu Wicak — Fri, 02 Oct 2026 06:17:39 +0000

NEW REGULATION ON ABANDONED AREAS AND ABANDONED LAND

The Government of the Republic of Indonesia (“Government”) has issued the Government Regulation No. 48 of 2025 regarding the Regulation of Abandoned Areas and Abandoned Land (“GR 48/2025“), which revokes and replaces the Government Regulation No. 20 of 2021 regarding the Regulation of Abandoned Areas and Abandoned Land.

Although the regulation of abandoned land is not a new concept under Indonesia’s land law framework, GR 48/2025 expands the scope of the existing regime by introducing the concept of abandoned areas (kawasan telantar) as an object of regulation. This development reflects the Government’s efforts to promote the productive use of land and land-based areas and to discourage the holding of land that is not followed by actual development, utilization, or business activities.

The following are several key provisions under GR 48/2025:

1. Introduction of Abandoned Areas as an Object of Regulation

One of the most significant aspects of GR 48/2025 is the introduction of provisions concerning abandoned areas. GR 48/2025 defines an abandoned area as a non-forest areas that have not been encumbered with land rights and for which a license, concession, and/or business license has been issued, whether such license, concession, and/or business license remains valid or has expired, and which are intentionally not cultivated, not used, and/or not utilized.

GR 48/2025 provides that abandoned areas subject to regulatory action include:

mining areas;
plantation areas;
industrial areas;
tourism areas;
large-scale or integrated housing and residential areas; and
other areas whose development, use, and/or utilization is based on a license, concession, or business license relating to the use of land and space.

With the enactment of GR 48/2025, the scope of regulation is no longer limited to land that has been granted land rights. Areas controlled under a license, concession, or business license may also become subject to regulatory action if they are not developed, used, or utilized in accordance with their intended purpose.

2. Reaffirmation of the Regulation of Abandoned Land

In addition to regulating abandoned areas, GR 48/2025 maintains the existing framework governing abandoned land. Abandoned land includes land subject to land rights, management rights, and land acquired based on a basis of land control that is intentionally left undeveloped, unused, unutilized, and/or unattended.

Accordingly, holders of land rights are expected not only to hold such rights from an administrative perspective, but also to demonstrate actual utilization of the land in accordance with the purpose for which the rights were granted.

This framework reflects the principle that ownership or control of land is not assessed solely on the basis of legal entitlement. Land right holders are also expected to develop, use, and utilize the land consistently with the purpose of the relevant land rights and applicable laws and regulations.

3. Regulation of Abandoned Areas and Abandoned Land

GR 48/2025 authorizes the Government to conduct an inventory, identification, research, and evaluation of land and areas suspected of being abandoned. Through this process, the Government may assess whether the relevant land or area is being utilized in accordance with the purposes underlying the applicable land rights, licenses, concessions, or business licenses.

Following the evaluation process, any land or area determined to meet the criteria for abandoned land or an abandoned area may be designated by the Government as an object of regulation in accordance with the procedures set out in GR 48/2025.

The designation of land or an area as abandoned carries substantial legal implications. Where land is designated as abandoned land, the relevant land rights or form of land control may be revoked, causing the land to revert to direct state control. In addition, land or areas that have been designated as abandoned may subsequently be allocated and utilized by the state for national development, strategic government programs, food security initiatives, and other public interests.

Implications for Business Actors

GR 48/2025 reflects the Government’s continued emphasis on ensuring that land and licensed areas are utilized productively and in accordance with their intended purposes. With the regulatory framework now expressly covering abandoned areas in addition to abandoned land, business actors should closely monitor land assets, concessions, and operational areas that are not actively developed, used, or utilized.

Businesses holding land rights, concessions, or business licenses should carefully evaluate whether the relevant land or areas are being utilized as intended. Failure to actively develop, use, or utilize such land or areas may increase the risk of them being identified as abandoned and becoming subject to regulatory measures under GR 48/2025.

Link PDF: Client-Alert-regarding-New-Regulation-on-Abandoned-Areas-and-Abandoned-Land-2026-10-23.pdf

MACHINERY AND/OR EQUIPMENT RESTRUCTURING PROGRAM

Bayu Wicak — Fri, 25 Sep 2026 09:15:49 +0000

MACHINERY AND/OR EQUIPMENT RESTRUCTURING PROGRAM

In order to enhance productivity and competitiveness in Indonesia’s agro-industry sector, the Ministry of Industry of the Republic of Indonesia introduced a machinery and/or equipment restructuring program (“Restructuring“) under the Regulation of the Minister of Industry No. 15 of 2026 regarding the Restructuring Program in the Agro-Industry Sector (“RM 15/2026“), which took effect on 23 June 2026.

Through RM 15/2026, the government provides a support scheme in the form of partial reimbursement of the purchase price of machinery and/or equipment acquired by industrial companies undertaking the renewal or expansion of their production facilities. The program is intended, among other things, to encourage the industrialization of agro-based natural resources, promote the adoption of advanced technology, and improve the availability of industrial raw materials and/or supporting materials.

Below are some of the provisions of the Restructuring program regulated under RM 15/2026:

1. Form and Amount of the Reimbursement Facility

The Restructuring program is implemented through a partial reimbursement of the purchase price of machinery and/or equipment. An industrial company may receive the reimbursement facility up to 3 (three) times in different budget years, provided that each application relates to different machinery and/or equipment.

The amount of reimbursement depends on the type of machinery and/or equipment purchased. Domestically produced machinery and/or equipment holding a Domestic Component Level (Tingkat Komponen Dalam Negeri – “TKDN“) certificate of at least 25% are eligible for reimbursement of up to 35% of the purchase price.

Meanwhile, domestically produced machinery and/or equipment without such a TKDN certificate are eligible for reimbursement of up to 25% of the purchase price, while machinery and/or equipment that are not produced domestically are eligible for reimbursement of up to 15% of the purchase price.

Reimbursement is granted up to a maximum of Rp1,000,000,000 (one billion Rupiah) per recipient in each budget year, subject to the availability of funds in the budget implementation list.

2. Conditions for Reimbursement

Reimbursement may be granted for purchases of machinery and/or equipment financed through the company’s own funds, bank or non-bank financing facilities, or supplier credit arrangements. For purchases financed through the company’s own funds or financing facilities, the purchase price must be fully paid and supported by the relevant documentary evidence. In the case of supplier credit arrangements, at least 70% of the purchase price must have been paid at the time the reimbursement application is submitted.

3. Criteria and Types of Machinery and/or Equipment

RM 15/2026 stipulates that the reimbursement facility may only be granted for new machinery and/or equipment with a purchase value of at least Rp300,000,000 (three hundred million Rupiah). Such machinery and/or equipment must be used in the production process or its supporting activities, whether as primary or supporting production machinery and/or equipment, and must have been manufactured no more than 4 (four) years prior to the year in which the application for the reimbursement facility is submitted.

4. Requirements for Participation in the Restructuring Program

The Restructuring program is available to agro-industry companies that have commenced commercial production and hold the relevant business licenses under the applicable Indonesian Standard Classification of Business Fields (KBLI), which have been effective for at least 2 (two) years.

Companies intending to participate in the Restructuring program must satisfy several eligibility requirements, including having an account with the National Industry Information System (Sistem Informasi Industri Nasional – “SIINas“), completing a self-assessment of the Industry 4.0 Readiness Index through SIINas, having an investment value of more than Rp10,000,000,000 (excluding land and buildings), and not participating in any other restructuring program administered by the Ministry of Industry of the Republic of Indonesia during the same budget year.

5. Application and Verification Process

Companies seeking to participate in the Restructuring program must submit their applications and supporting documents electronically through SIINas. Once submitted, the application will undergo both administrative and field verification by the Restructuring Program Management Institution (Lembaga Pengelola Program Restrukturisasi).

Following the verification process, the technical team reviews the application and determines whether it is approved, rejected, or placed on a waiting list. For approved applications, reimbursement funds are disbursed after the applicant executes a reimbursement agreement and submits a disbursement request through SIINas.

Conclusion

RM 15/2026 provides an opportunity for agro-industry businesses to obtain government support for the modernization of their production machinery and/or equipment. Companies operating in the agro-industry sector should therefore assess their eligibility for the program and ensure that the required documentation is properly prepared in order to take advantage of the available reimbursement scheme.

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 the provisions on the Restructuring program in the agro-industry sector or related matters.

Link PDF: BIRP-Client-Alert-re-Restructuring-Program-2026-09-253.pdf

UPDATED REGULATION ON FUEL OIL BUSINESS REGISTRATION NUMBERS

Bayu Wicak — Fri, 18 Sep 2026 09:49:51 +0000

UPDATED REGULATION ON FUEL OIL BUSINESS REGISTRATION NUMBERS

The requirement for business entities in the fuel oil sector to obtain Business Registration Numbers (Nomor Registrasi Usaha – “NRU“) is not a new obligation. The requirement has long formed part of the regulatory oversight framework of the Downstream Oil and Gas Regulatory Agency (Badan Pengatur Hilir Minyak dan Gas – “BPH Migas”) and was previously governed under the Regulation of the BPH Migas No. 3 of 2022 regarding Fuel Oil Business Registration Numbers (“BPH Migas Regulation 3/2022“).

On 18 August 2026, the BPH Migas Regulation No. 2 of 2026 regarding Fuel Oil Business Registration Numbers (“BPH Migas Regulation 2/2026“) came into effect. This regulation revokes and replaces BPH Migas Regulation 3/2022.

While the obligation to obtain an NRU remains unchanged, BPH Migas Regulation 2/2026 introduces several enhancements, including the digitalization of the NRU issuance process, integration with business licensing systems, the implementation of QR codes, and strengthened supervisory mechanisms by BPH Migas.

Key provisions under BPH Migas Regulation 2/2026 include the following:

1. Mandatory NRU Ownership

BPH Migas Regulation 2/2026 restates that every business entity holding a license for fuel oil supply and distribution activities is required to obtain an NRU for each type of business license it possesses. An NRU is issued to business entities undertaking fuel oil processing, pipeline transportation, storage, and/or trading activities.

In addition, the regulation expressly recognizes the NRU as the official identity of a business entity for the purpose of conducting downstream fuel oil business activities. This underscores the role of the NRU as a key regulatory instrument within the downstream fuel oil sector, rather than merely an administrative registration requirement. Accordingly, a business entity operating under more than one type of business license should ensure that each license is supported by the appropriate NRU corresponding to the relevant licensed activity.

2. Integration of NRU with the OSS System and MEMR Licensing System

One of the principal changes introduced by BPH Migas Regulation 2/2026 is that NRUs are now issued based on licensing data obtained through the integration of the BPH Migas system, the licensing system of the Ministry of Energy and Mineral Resources (“MEMR“), and the Online Single Submission (“OSS“) system.

This integration reflects a shift from a largely administrative registration process toward a more digitalized system connected to the national business licensing framework.

3. Issuance of QR Codes as Part of the NRU

BPH Migas Regulation 2/2026 provides that an NRU will be issued in the form of an electronic certificate and a QR code. A QR code forms part of the registration identity issued by BPH Migas and serves as a digital verification tool for registered business entities.

In addition, business entities are required to display the QR code at their principal facilities and infrastructure and to report its installation to BPH Migas through the designated system. These requirements reflect BPH Migas’ broader effort to digitalize NRU administration and enhance regulatory oversight of downstream fuel oil activities.

4. Sanctions

Administrative sanctions may be imposed on NRU holders that: (i) fail to install the NRU QR code on their main facilities and/or infrastructure as required under BPH Migas Regulation 2/2026; and/or (ii) fail to report the installation of such QR code to BPH Migas through the designated system. The available administrative sanctions include written warnings and/or revocation of the NRU.

With the introduction of this sanctioning mechanism, compliance with NRU requirements is no longer limited to merely obtaining and maintaining registration status. It also encompasses ongoing obligations relating to the use, installation, and reporting of QR codes as part of BPH Migas’ digital supervisory framework.

Conclusion

Although BPH Migas Regulation 2/2026 does not introduce a new obligation to obtain an NRU, it reflects a broader move toward a more integrated and digitalized regulatory environment. Accordingly, business entities should ensure that the information reflected in the OSS system and their business licenses remains accurate, consistent, and up to date, and that any changes to corporate information or licensing details are promptly updated, as such information will serve as the basis for the issuance and ongoing supervision of NRUs by BPH Migas.

Link PDF: Client Alert regarding Updated Regulation on Fuel Oil Business Registration Numbers (2026-09-18)

LEGAL REMEDIES IN CRIMINAL PROCEEDINGS

Bayu Wicak — Wed, 16 Sep 2026 05:13:13 +0000

LEGAL REMEDIES IN CRIMINAL PROCEEDINGS

In connection with the enactment of the Law of the Republic of Indonesia No. 20 of 2025 regarding the Criminal Procedure Code (“Criminal Procedure Code”), on 19 August 2026, the Supreme Court of the Republic of Indonesia (“Supreme Court”) issued Supreme Court Circular Letter No. 4 of 2026 regarding the Guidelines for Legal Remedies against Judgments of Acquittal (Putusan Bebas), Judgments of Release (Putusan Lepas), and Appeals, and for Appeals and Cassation that Do Not Meet Formal Requirements (“Supreme Court Circular Letter”).

The Supreme Court Circular Letter was issued to further regulate the legal remedies available against certain judgments, the time limits for filing legal remedies and submitting appeal and cassation memoranda, and the mechanism for handling legal remedies that Do Not Meet Formal Requirements (“Formal Non-Compliance”).

Several key provisions under the Supreme Court Circular Letter are summarized below:

1. Judgment of Acquittal

A judgment of acquittal is a judgment rendered when the judge determines that the criminal offense charged against the defendant has not been proven in a lawful and conclusive manner. Under such judgment, the defendant is acquitted of the charges brought against them.

In this regard, the Supreme Court Circular Letter stipulates that a judgment of acquittal is not subject to appeal or cassation, whether filed by the defendant, their counsel, or the public prosecutor.

2. Judgment of Release and Detention Status

A judgment of release is a judgment rendered where the act charged against the defendant has been proven, but the defendant may not be held criminally liable for such act due to the existence of a ground for excluding criminal liability. Under such judgment, the defendant is released from all criminal liability in respect of the act charged.

In this regard, the Supreme Court Circular Letter stipulates that, where a detained defendant is subject to a judgment of release, the operative part of the judgment must include an order for the defendant to be released from detention upon the pronouncement of the judgment. However, if the public prosecutor files an appeal, the authority to determine the defendant’s subsequent detention shall rest with the high court.

3. Time Limits for Filing Legal Remedies

In addition to regulating legal remedies against judgments of acquittal and judgments of release, the Supreme Court Circular Letter also emphasizes several time limits that must be observed in filing legal remedies and submitting appeal and cassation memoranda, as follows:

a. Appeal: may be filed by the defendant, their counsel, or the public prosecutor no later than 7 (seven) calendar days from the date on which the judgment is rendered. If the defendant is not present at the hearing, such period shall be calculated from the date on which the judgment is notified to the defendant.

b. Appeal Memorandum: constitutes a document setting out the grounds or basis for filing an appeal. Where the defendant files an appeal, the defendant may submit an appeal memorandum, whereas the public prosecutor is required to submit an appeal memorandum when filing an appeal. The appeal memorandum must be submitted no later than 7 (seven) calendar days after the appeal is filed. If such period has lapsed and the public prosecutor, as the appellant, fails to submit an appeal memorandum, the appeal shall lapse.

c. Cassation: may be filed by the defendant, their counsel, or the public prosecutor no later than 14 (fourteen) calendar days from the date on which the judgment is pronounced in an open court hearing. If the defendant is not present at the hearing, such period shall be calculated from the date on which the judgment is notified to the defendant.

d. Cassation Memorandum: constitutes a document setting out the grounds or basis for filing a cassation and must be submitted no later than 14 (fourteen) calendar days after the cassation is filed. If the cassation memorandum is not submitted or is submitted after the prescribed period, the right to file a cassation shall lapse.

4. Legal Remedies Involving Formal Non-Compliance

Formal Non-Compliance refers to a situation where an application for a legal remedy does not satisfy the prescribed formal requirements, such that the relevant legal remedy cannot proceed to the subsequent stage of examination.

As described in sections 1 through 3 above, several circumstances may result in an application for a legal remedy being classified as involving Formal Non-Compliance, including:

a. an appeal against a judgment of acquittal;

b. an appeal filed by the public prosecutor without an appeal memorandum being submitted within the prescribed period;

c. a cassation against a judgment of acquittal, a cassation filed after the prescribed time limit, or a cassation filed without a cassation memorandum within the prescribed period;

Where an appeal or cassation falls within the foregoing Formal Non-Compliance categories, the clerk of the district court shall issue a statement confirming that the relevant application involves Formal Non-Compliance. Based on such statement, the chairperson of the district court shall issue a determination (penetapan) declaring the relevant appeal or cassation to involve Formal Non-Compliance and therefore inadmissible. Such determination by the chairperson of the district court shall not be subject to any legal remedy, including opposition, objection, appeal, cassation, or judicial review.

Conclusion

The Supreme Court Circular Letter provides further guidance on the filing and handling of legal remedies in criminal proceedings under the Criminal Procedure Code, including the types of legal remedies that may be filed, the time limits for filing legal remedies and submitting the relevant memoranda, and the handling of applications involving Formal Non-Compliance.

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 the Supreme Court Circular Letter or related matters.

LINK PDF: Client Alert - Legal Remedies in Criminal Proceedings (2026-09-11)