Brigitta I. Rahayoe & Partners

CORPORATE LIABILITY IN ENVIRONMENTAL CRIMINAL OFFENCES

Bayu Wicak — Sat, 24 Oct 2026 00:01:25 +0000

CORPORATE LIABILITY IN ENVIRONMENTAL CRIMINAL OFFENCES

On 29 September 2026, the Government of the Republic of Indonesia issued the Regulation of the Minister of Environment/Environmental Control Agency No. 12 of 2026 regarding the Handling of Environmental Criminal Offences (“RM 12/2026“). This regulation revokes the Regulation of the Minister of Environment No. 11 of 2012 regarding the Guidelines for the Investigation of Criminal Offences in the Field of Environmental Protection and Management. At the same time, RM 12/2026 establishes a more comprehensive framework governing the handling of environmental criminal offences by Environmental Civil Servant Investigators (Penyidik Pegawai Negeri Sipil Lingkungan Hidup – “PPNS LH“), from the inquiry stage through to formal investigation.

The following are several key provisions introduced under RM 12/2026:

1. Greater Focus on Corporate Environmental Offences

RM 12/2026 introduces a specific framework for the inquiry and investigation of corporate offences through the inclusion of a dedicated chapter on corporate investigations. While RM 12/2026 does not create new offences or sanctions, it provides greater clarity on the manner in which investigations involving corporations may be conducted.

2. Corporate Liability and Responsible Individuals

RM 12/2026 provides that criminal liability for environmental offences committed by a corporation may be imposed not only on the corporation itself, but also on those deemed responsible for the corporation. These include:

functional management personnel;
instructing parties;
controlling persons; and
beneficial owners.

Compared to the previous regulation, which primarily focused on general investigative procedures, RM 12/2026 provides a clearer basis for identifying and examining individuals behind a corporation’s control structure. The express inclusion of these categories also suggests a broader enforcement focus, allowing consideration not only of individuals involved in a company’s day-to-day operations, but also those who exercise influence over, or control, the corporation’s decision-making processes.

3. Environmental Criminal Offences and Evidence Gathering

RM 12/2026 provides that the handling of environmental criminal offences may be initiated based on findings from environmental compliance inspections or in the event of a caught-in-the-act violation. Where indications of a criminal offence are identified, PPNS LH may conduct inquiries through crime scene examinations, the collection of evidence, and the taking of statements from witnesses and experts. Based on the outcome of such inquiries, PPNS LH may determine whether the matter should proceed to a formal investigation, be discontinued, or be referred to the relevant competent authority.

RM 12/2026 also recognizes various forms of evidence that may be used in environmental criminal proceedings, including environmental and licensing documents, electronic records generated from monitoring activities and/or remote sensing, and objects or items associated with the alleged offence.

Conclusion

Although RM 12/2026 primarily governs the handling of environmental criminal offences, its significance extends procedural matters. In particular, the regulation introduces a dedicated framework for investigations involving corporations and expressly identifies categories of individuals who may be held responsible for corporate misconduct, including controlling persons and beneficial owners. As such, RM 12/2026 reflects a more comprehensive approach to environmental enforcement in the corporate context.

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 handling of environmental criminal offences or related matters.

LINK PDF: Client-Alert-regarding-Corporate-Liability-in-Environmental-Criminal-Offences-2026-10-235.pdf

NEW REGULATION ON DRUG PROMOTION AND ADVERTISING

Bayu Wicak — Fri, 16 Oct 2026 09:08:29 +0000

NEW REGULATION ON DRUG PROMOTION AND

ADVERTISING

Indonesia’s National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan – “BPOM“) has introduced a new regulatory framework for drug promotion and advertising through BPOM Regulation No. 7 of 2026 regarding the Drug Promotion and Advertising (“BPOM Regulation 7/2026“), replacing BPOM Regulation No. 2 of 2021 regarding the Guidelines for Drug Advertising Supervision.

Unlike the previous framework, which primarily focused on drug advertising, BPOM Regulation 7/2026 governs not only advertising activities but also drug promotion more broadly. The regulation establishes a comprehensive framework governing drug promotion and advertising, including the parties authorised to conduct promotional activities, permissible communication channels, content requirements for promotional materials, and restrictions applicable to pharmaceutical marketing practices.

The following are several key provisions under BPOM Regulation 7/2026:

1. Distinction Between Prescription and Non-Prescription Drugs

BPOM Regulation 7/2026 provides that prescription drugs, including prescription-only medicines, narcotics, and psychotropic substances, can only be promoted or advertised through scientific media intended for medical practitioners and/or healthcare professionals. In contrast, non-prescription drugs can be promoted to the public.

BPOM Regulation 7/2026 further requires that the promotion of prescription drugs be conducted only through forums or media with restricted access for medical practitioners and/or healthcare professionals and that the information presented be scientifically substantiated. Permitted channels include scientific brochures, professional presentations, and other digital platforms used for promotional activities.

2. Digital and Social Media Promotion

In recognition of the increasing use of digital channels in pharmaceutical marketing, BPOM Regulation 7/2026 expressly permits the use of digital technology and social media for drug promotion and advertising activities. Social media platforms may enable two-way communication between advertisers and users, provided that the information communicated remains aligned with the approved advertising content and adheres to the principles of being objective, complete, and non-misleading.

Notwithstanding the above, BPOM Regulation 7/2026 imposes specific restrictions to mitigate the risks associated with online promotion. Among other things, promotional activities conducted through two-way communication features must not be used to directly offer or facilitate drug sales transactions. In addition, pharmaceutical electronic system operators are prohibited from displaying prescription drug information to the public for promotional, advertising, or direct sales purposes.

3. Responsibility for Promotional Activities

BPOM Regulation 7/2026 provides greater clarity on the parties involved in drug promotion activities, including medical representatives, product specialists, sales personnel, and other individuals formally appointed by business actors to undertake such activities. Regardless of who conducts the promotional activities, ultimate responsibility remains with the relevant business actor. Accordingly, pharmaceutical manufacturers, pharmaceutical wholesalers, pharmaceutical service facilities, and pharmaceutical electronic system operators are expected to ensure appropriate qualifications, training, and oversight of the personnel engaged in promotional activities.

4. Prohibited Promotional Practices

BPOM Regulation 7/2026 introduces several restrictions aimed at preventing promotional practices that may create conflicts of interest or encourage the inappropriate use of drugs. These include:

provision of bonuses or gifts, whether in cash or in kind, linked to drug sales;
prescription arrangements with healthcare facilities or healthcare professionals aimed at increasing the sales of products;
prize-based promotions, quizzes, and similar programmes; and
distribution of drug samples to the public for promotional purposes.

5. Advertising Approval for Non-Prescription Drugs

BPOM Regulation 7/2026 continues to require advertisements of non-prescription drugs intended for the public to obtain prior BPOM approval before publication. The regulation also provides a more detailed framework governing the electronic submission, review, and approval of advertising materials, including different review timelines for notification, minor, and major categories of advertisements.

6. Administrative Sanctions

BPOM may impose administrative sanctions for violations of certain provisions under BPOM Regulation 7/2026, depending on the nature and severity of the non-compliance.

Non-compliance with certain provisions of BPOM Regulation 7/2026 may give rise to administrative sanctions imposed by BPOM:

warnings;
stern warnings;
temporary suspension of activities;
revocation of marketing authorisations; and/or
revocation of Good Distribution Practice (CDOB) certificates.

Conclusion

Through BPOM Regulation 7/2026, BPOM has expanded its oversight from traditional drug advertising to the broader regulation of pharmaceutical promotional activities, including those conducted through digital and social media platforms. The regulation introduces clearer rules on the promotion of prescription and non-prescription drugs, establishes greater accountability for promotional activities, and provides a more detailed framework for advertising approvals and compliance obligations.

Given the broader scope and enhanced compliance requirements under BPOM Regulation 7/2026, business actors should assess whether their existing promotional practices, advertising materials, and digital engagement strategies remain aligned with the new regulatory framework.

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 implementation of the drug promotion and advertising or related matters.

Link PDF: Client-Alert-regarding-New-Regulation-on-Drug-Promotion-and-Advertising-2026-10-167.pdf

NEW HALAL IMPORT VERIFICATION REQUIREMENTS

Bayu Wicak — Fri, 09 Oct 2026 10:05:05 +0000

NEW HALAL IMPORT VERIFICATION REQUIREMENTS

The Government of the Republic of Indonesia (the “Government”) has introduced a new mechanism for the supervision of imported halal products through Regulation of Halal Product Assurance Organizing Agency (Badan Penyelenggara Jaminan Produk Halal – “BPJPH”) No. 4 of 2026 regarding the Assurance of Compliance of Foreign Halal Products Entering Indonesian Territory (“BPJPH Regulation 4/2026“) and Decree of the Head of BPJPH No. 328 of 2026 regarding the Standard Operating Procedures for the Assurance of Compliance of Foreign Halal Products Entering Indonesian Territory (“BPJPH Decree 328/2026“).

Through these regulations, the Government has established the Assurance of Compliance of Halal Products (Pemastian Kesesuaian Produk Halal – “PKPH“) mechanism, which requires imported products subject to Indonesia’s halal requirements to undergo a verification process before entering the country. This policy is intended to ensure that the halal certificates, halal labels, and product information associated with imported products are consistent with the actual products being imported.

The PKPH mechanism is not limited to food and beverage products. Under Indonesia’s halal product assurance framework, the scope of products subject to halal requirements also includes medicines, cosmetics, chemical products, biological products, and utilized consumer goods (barang gunaan). Halal requirements for such consumer goods apply only to goods that are derived from and/or contain animal-based materials.

Nevertheless, BPJPH Regulation 4/2026 exempts certain categories of goods from the PKPH mechanism, including personal belongings of passengers and transportation crew members, personal shipments, shipments belonging to Indonesian migrant workers, relocation goods, product samples for testing purposes, and goods in transhipment.

The key provisions regarding the implementation of the PKPH mechanism are set out below:

1. Mandatory Assurance of Compliance of Halal Products

Pursuant to BPJPH Regulation 4/2026, imported products that are required to be halal certified, as well as non-halal products required to display a non-halal indication, must first undergo the PKPH process prior to the submission of import customs documentation.

As part of the PKPH process, various aspects are subject to examination and verification, including halal certificates or halal registration numbers, halal labels or non-halal indications, the conformity of product types and harmonized system codes, production and shipment information, along with other supporting documents required depending on the type of product.

One of the key changes introduced under BPJPH Regulation 4/2026 is the implementation of the PKPH mechanism in the country of origin and/or the country of loading before the products are dispatched to Indonesia. Through this mechanism, compliance for imported halal products is no longer focused solely on holding a valid halal certificate or halal registration. Importers must also ensure that the relevant products and supporting documents undergo verification and that a Halal Product Compliance Assurance Report (Laporan Pemastian Produk Halal) is obtained before the products are imported into Indonesia.

2. Halal Product Compliance Assurance Report (Laporan Pemastian Produk Halal – “LPPH”)

Pursuant to BPJPH Decree 328/2026, following completion of the PKPH process, the appointed inspection body will issue an LPPH as evidence that the relevant products and supporting documents have been verified under the applicable PKPH requirements.

The LPPH is required to support the importation of goods into Indonesia and applies to a single shipment only.

3. Inspection Bodies Responsible for Conducting PKPH

The PKPH process is carried out by inspection bodies appointed by BPJPH. Such inspection bodies may be government-owned or private entities that satisfy certain requirements, including accreditation standards, personnel competency requirements, and operational capability to conduct inspections overseas.

Importers are required to select a BPJPH-appointed inspection body when submitting a PKPH application through BPJPH’s electronic system.

4. Effective Date of the LPPH Requirement

Effective 17 October 2026, products loaded in the country of origin and/or the country of loading will be required to undergo the PKPH process and obtain an LPPH prior to importation into Indonesia. The applicability of this requirement is determined based on the relevant on-board date. Accordingly, products shipped to Indonesia on or after that date must have completed the PKPH process and obtained an LPPH before being imported into Indonesia.

5. Administrative Sanctions

Failure to comply with the PKPH requirements may result in administrative sanctions being imposed on importers, including written warnings, revocation of halal certificates or halal registration numbers, withdrawal of products from the market, and destruction of products.

Conclusion

BPJPH Regulation 4/2026 and BPJPH Decree 328/2026 expand the regulatory framework governing imported halal products by introducing the PKPH mechanism and the requirement to obtain an LPPH before certain products may be imported into Indonesia. With these requirements becoming effective from 17 October 2026, importers should ensure that the required verification process has been completed prior to shipping products to Indonesia. These regulations mark a shift from a regime primarily focused on halal certification to one that also requires verification of product compliance before products are imported into Indonesia.

Link PDF: Client-Alert-New-Halal-Import-Verification-Requirements-2026-10-095.pdf

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

admin — Fri, 11 Sep 2026 09:25:56 +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.

LINK PDF: Client-Alert-Legal-Remedies-in-Criminal-Proceedings-2026-09-115.pdf

IMPLEMENTING REGULATION OF THE PERSONAL DATA PROTECTION LAW

admin — Fri, 04 Sep 2026 09:25:49 +0000

IMPLEMENTING REGULATION OF

THE PERSONAL DATA PROTECTION LAW

The Indonesian Government has issued the Government Regulation No. 33 of 2026 regarding the Implementing Regulation of the Law No. 27 of 2022 regarding Personal Data Protection (“PDP Law”) (“GR 33/2026“).

GR 33/2026 provides detailed technical guidance on various obligations and rights that were previously regulated only in general terms under the PDP Law. In addition to elaborating on the implementation of data subject rights and the obligations of personal data controllers, GR 33/2026 introduces several new operational requirements that may require a company to update its compliance frameworks.

Set out below are several key provisions under GR 33/2026:

1. Documentation and Data Processing Governance Requirements

GR 33/2026 requires personal data controllers to prepare and maintain records of personal data processing activities. Such records must, at a minimum, identify the parties involved in the processing activities, specify the legal basis and purposes of processing, and document key governance measures, including retention periods, and security measures implemented.

GR 33/2026 also requires personal data controllers to establish a personal data retention policy covering retention periods, methods for deletion or destruction of personal data, responsible personnel, and documentation and notification mechanisms for data subjects.

2. Data Protection Impact Assessment

GR 33/2026 requires a Data Protection Impact Assessment (“DPIA“) to be carried out before the relevant processing activities commence. GR 33/2026 must prescribe a minimum required contents that must be included in a DPIA, including an assessment of potential risks to data subjects and the mitigation measures to address those risks.

This requirement will be particularly relevant to organizations engaged in large-scale processing, profiling activities, the use of emerging technologies such as artificial intelligence (AI), or the processing of specific categories of personal data.

3. Technical Personal Data Security Requirements

GR 33/2026 requires personal data controllers to implement security measures that are appropriate to the risks arising from their personal data processing activities. These measures include using safeguards such as encryption, maintaining the confidentiality, integrity, and availability of personal data, ensuring the ability to restore access to data following a security incident, conducting regular security testing and assessments, and incorporating privacy by design and privacy by default principles when developing systems and processes.

4. Procedures for Handling Data Subject Rights Requests

GR 33/2026 requires personal data controllers to provide accessible channels through which data subjects may submit requests and must verify each request received.

GR 33/2026 also prescribes minimum information that must be included in a request, identifies parties entitled to submit requests on behalf of data subjects, and requires controllers to maintain records of actions taken in response to each request.

5. Appointment of a Personal Data Protection Officer

In relation to the appointment and function of a Personal Data Protection Officer (“PDPO“), GR 33/2026 requires the organizations to ensure that the PDPO is actively involved in personal data processing activities, has direct access to senior management, and is able to perform their duties independently by providing adequate resources and ensuring that no conflict of interest arises.

6. Cross-Border Transfers of Personal Data

GR 33/2026 introduces a more comprehensive framework governing cross-border transfers of personal data. Before transferring personal data outside Indonesia, personal data controllers must assess the legal basis for the transfer, taking into account factors such as the adequacy of protection afforded to the personal data, transfer-related risks, the categories of data being transferred, the purposes of the transfer, and the level of personal data protection available in the recipient jurisdiction.

GR 33/2026 also provides several transfer mechanisms that may be relied upon, including transfers to jurisdictions with an equivalent level of personal data protection, standard contractual clauses, and binding corporate rules applicable within a corporate group.

Conclusion

GR 33/2026 does not only implement the framework established under the PDP Law but also introduces a range of more detailed operational, governance, and documentation requirements. Key areas that may have the most significant impact on businesses include maintaining records of processing activities, establishing data retention policies, conducting DPIAs, implementing more prescriptive security measures, facilitating the exercise of data subject rights, appointing and empowering PDPOs, and strengthening governance over cross-border personal data transfers.

This Client Alert is provided for general informational purposes only and does not constitute legal advice. Please contact us should you require further information regarding the implications of GR 33/2026 on your business activities.

LINK PDF: Client-Alert-regarding-Implementating-Regulation-on-the-Personal-Data-Protection-Law-2026-09-041.pdf

PROHIBITION ON LAND CLEARING BY FIRE

admin — Mon, 31 Aug 2026 03:32:27 +0000

PROHIBITION ON LAND CLEARING BY FIRE

Indonesian environmental laws and regulations prohibit land clearing by fire as part of the broader prohibition against activities that cause environmental pollution and/or damage. However, a limited exception applies to land clearing by fire conducted in accordance with local wisdom (kearifan lokal). Under this exception, several regional governments have adopted regulations permitting limited and controlled burning practices, including Regulation of West Kalimantan Province No. 1 of 2022. Such practices allow the burning of up to 2 (two) hectares of land per household for the cultivation of local plant varieties, subject to the establishment of adequate firebreaks to prevent the spread of fire.

In response to recurring forest and land fires and the heightened risk of such incidents during the current dry season, the Minister of Environment/Head of the Environmental Control Agency of the Republic of Indonesia (the “Minister”) issued the Circular Letter No. 16 of 2026 regarding the Prohibition on Land Clearing by Fire on 10 August 2026 (the “Circular Letter”). The Circular Letter was issued amid concerns over the adverse impacts of forest and land fires on air quality, public health, ecosystems, and greenhouse gas emissions.

The Circular Letter is addressed to all governors, regents, and mayors (collectively, the “Regional Heads”) as a measure to strengthen the prevention and mitigation of forest and land fires.

The following are several key provisions of the Circular Letter:

1. Prohibition, Moratorium, and Law Enforcement Policies

In connection with recent reports concerning major forest and land fires in Kalimantan and Sumatra, through the Circular Letter, the Minister requests the Regional Heads to:
a. establish regional policies prohibiting land clearing by fire;
b. impose a moratorium on regional regulations that permit land clearing by fire, including those that allow limited and controlled burning practices; and
c. conduct strict supervision and impose administrative sanctions, fines, and/or criminal penalties for any violation.

2. Coordination for the Prevention and Mitigation of Forest and Land Fires

The Minister requests the Regional Heads to coordinate with the Environmental Agency, Regional Disaster Management Agency, Forestry Agency, the Indonesian National Armed Forces, the Indonesian National Police, and other relevant agencies to strengthen forest and land fire prevention and mitigation efforts. Such measures include conducting regular integrated patrols, providing adequate fire control facilities and infrastructure, increasing supervision in fire-prone areas, and carrying out public awareness campaigns.

3. Monitoring of Peatland Groundwater Levels

The Minister requests the Regional Heads to periodically monitor peatland Groundwater Levels (Tinggi Muka Air Tanah – “TMAT”), particularly in areas prone to forest and land fires. Where TMAT levels indicate high-risk or very high-risk conditions, the Regional Heads are requested to promptly undertake rewetting measures and ensure that canal blocks and water storage facilities remain functional and properly maintained.

4. Measures to be Taken by Business Actors

The Minister requests the Regional Heads to ensure that business license holders maintain adequate human resources and sufficient forest and land fire prevention and control facilities and infrastructure to respond effectively to fire risks.

5. Imposition of Sanctions

As noted in Section 1(c) above, the Minister requests the Regional Heads to conduct strict supervision and impose administrative sanctions, fines, and/or criminal penalties for any violation.

Under Indonesian environmental laws and regulations, any person who clears land by fire may be subject to imprisonment and/or a fine. The legal consequences may extend beyond individual perpetrators, as Indonesian environmental law also recognizes corporate criminal liability.

Where an environmental crime is committed by, for, or on behalf of a business entity, criminal sanctions may be imposed on the business entity and/or the individual who ordered or led the commission of the offense. Likewise, where the offense is committed by a person acting within the scope of his/her employment or other relationship with a business entity, liability may extend to the person who gave the instruction or directed the conduct, irrespective of whether the offense was committed individually or jointly.

Implications for Business Actors

Although the Circular Letter does not automatically repeal existing regional regulations, it underscores the central government’s intention to strengthen oversight and enforcement of the prohibition on land clearing by fire. Notably, the direction to impose a moratorium on regional regulations permitting such practices, including limited and controlled burning based on local wisdom, signals a significant tightening of the regulatory framework governing forest and land fire prevention. Businesses involved in land-based activities should therefore closely monitor further implementing measures and enforcement developments at both the central and regional levels.
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 prohibition on land clearing by fire or related matters.

LINK PDF: Client-Alert-regarding-Prohibition-on-Land-Clearing-by-Fire1.pdf

IMPORTATION AND EXPORTATION OF HORTICULTURAL SEEDS

admin — Fri, 21 Aug 2026 06:56:05 +0000

IMPORTATION AND EXPORTATION OF HORTICULTURAL SEEDS

The Ministry of Agriculture of the Republic of Indonesia has issued the Regulation of the Minister of Agriculture (“MOA”) No. 14 of 2026 regarding the Importation and Exportation of Horticultural Seeds (“RM 14/2026″), which came into effect on 31 July 2026. This regulation replaces the Regulation of the MOA No. 15/PERMENTAN/HR.060/5/2017, as amended several times, most recently by the Regulation of the MOA No. 26/PERMENTAN/HR.060/5/2018. RM 14/2026 was enacted to support the availability of adequate and sustainable seed supplies, promote the development of the domestic seed industry, preserve genetic resources and genetic diversity, maintain biosafety, and enhance the competitiveness of Indonesia’s horticultural seed trade.

The following are several key provisions introduced under RM 14/2026:

1. Seed Importation

Under RM 14/2026, business entities, government agencies, and individuals are permitted to import horticultural seeds into Indonesia, subject to obtaining a seed import permit (izin pemasukan benih) issued by the MOA. This provision emphasizes that all seed importation activities are subject to government control to ensure seed quality, biosafety, and the protection of national interests.

RM 14/2026 provides clarity on the purposes and requirements for importing horticultural seeds into Indonesia by specifying the categories of permitted imports and the technical requirements applicable to each category. A seed import permit can be issued for various purposes, including the registration of horticultural varieties for commercial circulation, the procurement of quality seeds for commercial activities, and seed development programs intended to support export-oriented production.

2. Special Requirements for Genetically Engineered Seeds and Quarantine Risks

RM 14/2026 reinforces the regulatory framework governing the importation of seeds derived from genetically engineered products. Such imports are permitted only after the applicable biosafety requirements have been satisfied and a recommendation has been obtained from the Biosafety Commission for Genetically Engineered Products (Komisi Keamanan Hayati Produk Rekayasa Genetik).

RM 14/2026 also introduces additional safeguards for first-time imports. Where seeds are imported for the first time from a particular plant species or country of origin, applicants may be required to undertake a Pest Risk Analysis as part of the import licensing process.

3. Enhanced Quality Control and Relabelling Obligations

RM 14/2026 also strengthens the quality control regime for imported seeds. Under the regulation, imported seeds that have undergone quality testing must be repackaged and relabelled to include the relevant quality test results, providing transparency regarding the quality standards of the seeds being distributed in Indonesia. The required quality testing may be conducted either by the relevant government authority or by an accredited or certified laboratory, reflecting the government’s effort to ensure that imported seeds meet the applicable quality requirements before being marketed or used domestically.

4. Simplification and Certainty of Licensing Timeframes

RM 14/2026 further enhances the digital licensing framework by requiring all permit applications to be submitted and processed electronically through the agricultural licensing system integrated with the Indonesia National Single Window (“INSW”). Applicants must submit the relevant administrative and technical documents in accordance with the purpose of the importation or exportation.

For seed import permits, the document completeness review must be carried out within 2 (two) working days, followed by a verification and validation process of up to 5 (five) working days. Once the application is verified as complete and compliant, the Director General of the MOA will issue the seed import permit in the form of a Ministerial Decree.

In relation to seed export permits, the administrative review must be completed within 1 (one) working day, while the verification and validation process is subject to a maximum timeframe of 3 (three) working days.

Applications that are not rejected within these prescribed timeframes will be deemed approved.

RM 14/2026 provides that both seed import permits and seed export permits remain valid for the relevant calendar year and expire at year-end, regardless of the date of issuance.

5. Post-Licensing Obligations and Reporting Requirements

RM 14/2026 also strengthens post-licensing compliance requirements. Permit holders (seed import permit and seed export permit) are required not only to submit the necessary documentation to the relevant quarantine authorities and report the implementation of their activities, but also to ensure that any seed development or cultivation activities are carried out in accordance with the plans approved during the licensing process. In addition, realization reports must be submitted to the MOA to demonstrate compliance with these commitments.

6. More Stringent Administrative Sanctions

RM 14/2026 introduces a more detailed framework of administrative sanctions for violations of licensing requirements or seed usage obligations. Applicable sanctions may include written warnings, permit revocation, product withdrawal from the market, and prohibition from obtaining new permits for a period ranging from 1 (one) to 2 (two) years.

These sanctions may be imposed, among other things, for the submission of inaccurate or misleading documents, the use of seeds for purposes inconsistent with the approved permit, violations of relabelling obligations, failure to comply with reporting requirements, and failure to fulfil seed destruction obligations in certain activities such as testing, promotion, or exhibitions.

Conclusion

The most significant change introduced under RM 14/2026 is the strengthening of the purpose-based licensing framework for seed imports, accompanied by more detailed technical requirements, greater certainty in permit processing timelines, enhanced post-licensing compliance obligations, and the implementation of more stringent administrative sanctions.

LINK PDF: Client-Alert-regarding-Importation-and-Exportation-of-Holticultural-Seeds-2026-08-211.pdf