Manpower Law No. 13 Year 2003

ACT OF THE REPUBLIC OF INDONESIA
NUMBER 13 YEAR 2003
CONCERNING
MANPOWER
WITH THE GRACE OF GOD THE ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF
INDONESIA,
Considering:
a. That Indonesia’s national development shall be implemented within the framework of building Indonesians as fully-integrated human beings and of building the whole Indonesian society in order to realize
a society in which there shall be welfare, justice and prosperity based on equity both materially and spiritually with the Pancasila and the 1945 Constitution at its foundation.

b. That in the implementation of national development, workers have a very important role and position as actors of development as well as the goal of development itself;

c. That in accordance with the role and position of workers, manpower development is required to enhance the quality of workers as well as their role and participation in national development and in improving protection for workers and their families in respect to human dignity and values;

d. That protection of workers is intended to safeguard the fundamental rights of workers and to secure the implementation of equal opportunity and equal treatment without discrimination on whatever basis in order to realize the welfare of workers/ labourers and their family by continuing to observe the development of progress made by the world of business;

e. That several acts on manpower are considered no longer relevant to the need and demand of manpower development and hence, need to be abolished and/or revoked;

f. That based on the considerations as mentioned under points a, b, c, d and e, it is necessary to establish an Act concerning Manpower.

In view of:
Article 5 Subsection (1), Article 20 Subsection (2), Article 27 Subsection (2), Article 28 and Article 33 Subsection (1) of the 1945 Constitution.
By the joint approval between
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA
AND
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDE:
To stipulate:

ACT CONCERNING MANPOWER AFFAIRS
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1
Under this act, the following definitions shall apply:
1. Manpower affairs are referring to every matter that is related to people who are needed or available for a job before, during and after their employment.
2. Manpower is every individual or person who is able to work in order to produce goods and/ or services either to fulfill his or her own needs or to fulfill the needs of the society.

3. A worker/labourer are any person who works and receives wages or other forms of remuneration.

4. An employer is individual, entrepreneur, legal entities, or other entity that employ manpower by paying them wages or other forms of remuneration.
5. An entrepreneur is:
a. An individual, a partnership or a legal entity that operates a self-owned enterprise;
b. An individual, a partnership or a legal entity that independently operates a non-self-owned enterprise;
c. An individual, a partnership or a legal entity located in Indonesia and representing an enterprise as mentioned under point a and point b that is domiciled outside the territory of Indonesia.

6. An enterprise is:
a. Every form of business, which is either a legal entity or not, which is owned by an individual, a partnership or a legal entity that is either privately owned or state owned, which employs workers/ labourers by paying them wages or other forms of remuneration;

b. Social undertakings and other undertakings with officials in charge and which employ people by paying the wages or other forms of remuneration.

7. Manpower planning is the process of making a manpower plan systematically that is used as a basis and reference for formulating the policy, strategy and implementation of a sustainable manpower development program. read more

Investment Law

LAW OF THE REPUBLIC OF INDONESIA NUMBER 25 OF 2007 CONCERNING INVESTMENTS BY THE GRACE OF GOD ALMIGHTY PRESIDEN REPUBLIK INDONESIA, THE PRESIDENT OFTHE REPUBLIC OF INDONESIA

Considering:
a. that to realize a just and prosperous society that is based on Pancasila and the 1945 Constitution
of the State of the Republic of Indonesia, it is necessary to make sustainable national economic development founded on economic democracy in pursuit of the state’s goals;

b. that consistent with the mandate seth forth in Decree of the People’s Consultative Assembly of the Republic of Indonesia Number XVI/MPR/1998 concerning Economic Policy in the context of Economic Democracy, investment policies should at all times underlay the people’s economy that commits itself to the enhancement of micro, small and medium enterprises, and cooperatives;

c. that to accelerate national economic development and to realize Indonesian political and economic sovereignty it is necessary to step up investments in order to turn economic potentials into real economic strength by use of funds derived from both home and abroad;

d. that to deal with global economic changes and Indonesia’s participation in diverse international cooperations it is necessary to create investment climate to be conducive, promoting, giving legal certainty, justice and efficiency with due regard to the interest of national economy Read More

Company Law No. 40 Year 2007

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 40 OF 2007
CONCERNING
LIMITED LIABILITY COMPANIES
BY THE GRACE OF ALMIGHTY GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Consideration :
a. whereas the national economy, which is operated on a basis of economic democracy with principles of community, efficiency, justice, sustainability, environmental awareness, independence and safeguards for balanced progress and national economic unity, needs to supported by firm economic institutions in the context of creating prosperity for society;

b. whereas in the context of increasing developmentof the national economy and at the same time giving a firm basis for the business world in facing the developments in the world economy and progress in science and technology in the coming era of globalisation, the support is needed of an act regulating limited liability companies which can secure the operation of a conducive climate for the business world;

c. whereas limited liability companies as a pillar of national economic development need to be given a legal basis to spur on national development composed mutual enterprises on the basis of the principle of a family spirit;

d. whereas the Limited Liability Companies Act No. 1 of 1995 is viewed as no longer in accordance with legal developments and the needs of society and so needs to be replaced with a new act;

e. whereas given the above in paragraphs a, b, c, and

d, it is necessary to form a Limited Liability

Companies Act.
Bearing in mind: Article 5 paragraph (1), Article 20, and Article 33 of the 1945 Constitution of the Republic of Indonesia. With the Common Assent of

THE HOUSE OF PEOPLE’S REPRESENTATIVES OF THE REPUBLIC OF
INDONESIA

and

THE PRESIDENT OF THE REPUBLIC OF INDONESIA
HAS RESOLVED
to promulgate:

A LIMITED LIABILITY COMPANIES ACT
CHAPTER I
GENERAL PROVISIONS

Article 1
In this Act, the following terms have the following meanings:
1. “Limited Liability Company” (hereinafter called a “Company”) means a legal entity which constitutes an alliance of capital established pursuant to a contract in order to carry on business activities with an authorised capital all of which is divided into shares and which fulfils the requirements stipulated in this Act and its implementing regulations.

2. “Company Organs” means the General Meeting of Shareholders, the Board of Directors, and Board of Commissioners.

3. “Environmental and Social Responsibility” means a Company’s commitment to taking part in sustainable economic development in order to improve the quality of life and environment, which will be beneficial for the Company itself, the local community and society in general.

4. “General Meeting of Shareholders” (hereinafter called the “GMS”) means the Company Organ which has authority not given to the Board of Directors or Board of Commissioners within limits specified in this Act and/or the articles of association.

5. “Board of Directors” means the Company Organ with full authority and responsibility for the management of the Company in the interests of the Company in accordance with the Company’s purposes and objectives and to represent the Company in and out of court in accordance with the provisions of the articles of association.

6. “Board of Commissioners” means the Company Organ with the task of general and/or specific supervision in accordance with the articles of association and giving advice to the Board of Directors.

7. “Open Company” means a Public Company or a Company which makes an public offering of shares in accordance with the provisions of legislative regulations in the field of capital markets.

8. “Public Company” means a Company which fulfils the criteria of number of shareholders and amount of paid up capital in accordance with the provisions of legislative regulations in the field of capital markets.

9. “Merger” means a legal action taken by one or more Companies to
merge with another existing Company with the result that the assetsand liabilities of the merging Companies pass by operation of law to... Read more here and here