UUCK vs Perppu CK: Highlighting the Differences - Part II

ISSN: 2442-3696 | pro.hukumonline.
com Edition 804 | 19 JANUARY 2023
TABLE OF CONTENTS
UUCK vs Perppu CK:
Highlighting the Differences
- Part II
Overview ......................................................................... 1
I. General Corporate ..................................................... 3
A. Prohibition on Monopolistic and Unfair
Business Competition Practices .................................. 4 Similar to the adjustments discussed
B. Investment ............................................................ 5
C. Limited-Liability Companies ................................. 6
in the first part of this two-part ILD,
D. Micro-, Small- and Medium-Scale Enterprises ..... 8 the majority of the adjustments
E. Immigration ........................................................... 9 made by Perppu CK, as discussed
F. Patents .................................................................. 9
II. Energy ......................................................................... 10
herein, comprise nomenclature
A. Mineral Coal and Mining ...................................... 11 amendments, as well as
B. Oil and Gas ............................................................ 12 rearrangements of provisions and
C. Geothermal Energy ............................................... 13
D. Electricity............................................................... 14 article references. Nevertheless, a
E. Nuclear Power ....................................................... 18 number of more significant
III. Financial Services ....................................................... 18
adjustments have also been
IV. Industry and Trade..................................................... 19
A. Industry ................................................................. 20
introduced under Perppu CK,
B. Trade...................................................................... 21 including the addition of new
C. The Sabang Free-Trade Zone and Free Port ......... 22 provisions that relate to water
D. Special Economic Zones ........................................ 22
E. Legal Metrology..................................................... 24 resources and halal product
F. Halal Product Guarantee ...................................... 25 guarantees
V. Infrastructure and Construction Services ................. 33
A. Roads ..................................................................... 34
B. Construction Services............................................ 35
C. Water Resources ................................................... 38
VI. Land and Property ..................................................... 42
A. Housing and Residential Areas ............................. 43
B. Multistory Housing ............................................... 46
C. Land Procurement for Developments in the
Public Interest ............................................................. 47
VII. Natural Resources .................................................... 47
A. Fisheries ................................................................ 48
B. Protection and Empowerment of Fishermen,
Fish Farmers and Salt Farmers .................................... 51
C. Plantations ............................................................ 53
D. Protection of Plant Varieties ................................ 56
E. Sustainable Agriculture Systems........................... 57
F. Horticulture........................................................... 57
G. Protection and Empowerment of Farmers .......... 58
H. Forestry ................................................................. 59
I. Prevention and Eradication of Forest
Destruction .................................................................. 60
J. Animal Husbandry and Animal Health ................. 61
VIII. Pharmaceutical Healthcare and Food and Drug
Standards ........................................................................ 62
A. Narcotics ............................................................... 63
B. Health .................................................................... 64
C. Hospitals ................................................................ 65
D. Food....................................................................... 66
IX. Tax and Non-Tax Charges........................................... 68
A. General Taxation Provisions and Procedures....... 69
B. Value-Added Tax and Luxury Goods Sales Tax ..... 71
X. Technology, Media and Telecommunications ........... 72
A. Telecommunications ............................................ 72
B. Broadcasting.......................................................... 74
C. Film ........................................................................ 75
XI. Transportation and Logistics Services ....................... 76
A. Railways ................................................................ 76
B. Shipping ................................................................. 78
C. Aviation ................................................................. 83
D. Road Traffic and Transportation........................... 86
XII. Miscellaneous ........................................................... 90
A. Tourism ................................................................. 90
B. Religious Affairs .................................................... 90
C. Defense and Security ............................................ 90
D. Central Government Investments ........................ 91
E. Government-Related Administration ................... 93
F. LPI .......................................................................... 94
Conclusion ....................................................................... 95
Edition 804 | 19 January 2023
pro.hukumonline.com
Overview
Continuing from the first part of this two-part edition of Indonesian Law Digest (“ ILD”) on Regulation of
the Government in Lieu of Law ( Peraturan Pemerintah Pengganti Undang-Undang – “ Perppu”) No. 2 of
2022 on Job Creation (“ Perppu CK ”), which featured comparisons between provisions that address the
application of risk-based business licensing, the simplification of basic requirements for business licensing
and manpower, the second part of this extended edition of ILD addresses the remaining provisions set
out under Perppu CK. In essence, these remaining provisions encompass the following matters:
1. Improvement of investment ecosystems and business activities, specifically in relation to:

a. Simplification of sectoral business licensing; and
b. Simplification of investment requirements;
2. Ease, empowerment and protection of cooperatives and micro-, small- and medium-scale businesses;
and
3. Ease of doing business;
4. Support for research and innovation;
5. Land procurement;
6. Economic zones;
7. Central government investment and the acceleration of nationally strategic projects;
8. Implementation of government administration; and
9. Imposition of sanctions.
Applying a similar approach to that taken by the first part of this two-part ILD, this second and final part
also compares the provisions set out under Perppu CK with those contained under the framework of the
now-revoked Law No. 11 of 2020 on Job Creation (“ UUCK”). However, while taking the matters listed
above into consideration, Hukumonline’s Legal Research and Analysis Team hopes to further ease
understanding of the differences between Perppu CK and UUCK by comparing their provisions through a
sectoral approach. The comparisons provided herein exclude the environment and manpower sectors,
which were discussed in last week’s edition of ILD, and break down as follows:
I. General Corporate
A. Prohibition on Monopolistic and Unfair Business Competition Practices
B. Investment
C. Limited-Liability Companies
D. Micro-, Small- and Medium-Scale Businesses
E. Immigration
F. Patents
II. Energy
A. Mineral Coal and Mining
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B. Oil and Gas

C. Geothermal Energy
D. Electricity
E. Nuclear Power
III. Financial Services
IV. Industry and Trade
A. Industry
B. Trade
C. The Sabang Free-Trade Zone and Free Port
D. Special Economic Zones
E. Legal Metrology
F. Halal Product Guarantees
V. Infrastructure and Construction Services
A. Roads
B. Construction Services
C. Water Resources
D. Ease of Nationally Strategic Projects
VI. Land and Property
A. Housing and Residential Areas
B. Multistory Housing
C. Land Procurement for Developments in the Public Interest
VII. Natural Resource
A. Fisheries
B. Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers
C. Plantations
D. Protection of Plant Varieties
E. Sustainable Agricultural Systems
F. Horticulture
G. Protection and Empowerment of Farmers
H. Forestry
I. Prevention and Eradication of Forest Destruction
J. Animal Husbandry and Animal Health
I. Pharmaceutical, Healthcare and Food and Drug Standards

A. Narcotics
B. Health
C. Hospitals
D. Food
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II. Tax and Non-Tax Charges

A. General Taxation Provisions and Procedures
B. Value-Added Tax and Luxury Goods Sales Tax
III. Technology, Media and Telecommunications
A. Telecommunications
B. Broadcasting
C. Film
IV. Transportation and Logistics Services
A. Railways
B. Shipping
C. Aviation
D. Road Traffic and Transportation
V. Miscellaneous
A. Tourism
B. Religious Affairs
C. Defense and Security
D. Central Government Investments
E. Government-Related Administration
F. The Investment Management Agency (Lembaga Pengelola Investasi - “LPI”)
I. General Corporate
Perppu CK amends provisions set out under various laws that relate to general corporate matters, which
were also previously amended under UUCK. Said legal frameworks include:
1. Law No. 5 of 1999 on the Prohibition of Monopolistic and Unfair Business Competition Practices (“ Law
5/1999”);
2. Law No. 19 of 2003 on State-Owned Enterprises (“Law 19/2003”);
3. Law No. 25 of 2007 on Investment (“Law 25/2007”);
4. Law No. 40 of 2007 on Limited-Liability Companies (“Law 40/2007”);
5. Law No. 20 of 2008 on Micro-, Small- and Medium-Scale Businesses (“Law 20/2008”);
6. Law No. 6 of 2011 on Immigration (“Law 6/2011”);
7. Law No. 13 of 2016 on Patents (“Law 13/2016”); and
8. Law No. 20 of 2016 on Trademarks and Geographical Indications (“Law 20/2016”).
In addition, Perppu CK also revokes the following laws:
1. Law No. 3 of 1982 on Mandatory Registration of Companies;[1] and

2. Staatsblad of 1926 Number 226 juncto Staatsblad of 1940 Number 450 on the Disturbance Law.[2]
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In comparison with UUCK, Perppu CK maintains the revocation above as well as the changes that were
[3] [4]
featured under UUCK in relation to Law 19/2003 and Law 20/2016. However, Perppu CK has now
made several adjustments to the remaining laws listed above, as elaborated upon in the following tables:
A. Prohibition on Monopolistic and Unfair Business Competition Practices
Law 5/1999[5]
UUCK Perppu CK Remarks
Art. 46: While previously UUCK had

yet to amend this article, by
(1) In the event that there is no way of comparison, the
objection, the decision of the original Art. 46 featured the
[6]
Commission as referred to in Article 43
following:
paragraph (3) shall have permanent
legal force. (1) In the event that there is
no appeal , the decision of the
(2) The decision of the Commission as Commission as referred to in
Not Amended referred to in paragraph (1) shall have Article 43 paragraph (3) shall
its execution stipulation requested to have permanent legal force.
the Commercial Court.
(2) The decision of the
Commission as referred to in
paragraph (1) and its
stipulation of execution shall
be requested from the District
Court.
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B. Investment
Law 25/2007[7]
Art. 13: Art. 13: Perppu CK removes the provisions
regarding the authorities of the
(3) Protection and empowerment as (3) Partnership as referred to in governments in the protection and
referred to in paragraph (2) shall be paragraph (2) letter a is a empowerment of cooperatives and
carried out by the Central partnership as referred to in the Law micro-, small-, and medium-scale
Government and/or Regional in the field of micro-, small-, and businesses, and re-positions the
Government in accordance with medium-scale businesses. provisions related to the partnership
their authorities based on norms, which are currently address as
standards, procedures, and criteria paragraph (3).
stipulated by the Central
Government.
(4) Partnership as referred to in

paragraph (2) letter a is a
partnership as referred to in the Law
in the field of micro-, small-, and
medium-scale businesses.
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C. Limited-Liability Companies
Law 40/2007[8]
Art. 1 (16): Art. 1 (16): Nomenclature amendment
Minister is the Minister whose Minister is the minister who

duties and responsibilities are in organizes government affairs in the
the field of law and human rights. field of law and human rights.
d. Companies that manage stock d. Companies that manage the stock

exchanges, clearing and guarantee exchange, clearing and guarantee
institutions, depository and institutions, depository and
settlement institutions, and other settlement institutions, and other
institutions in accordance with the institutions in accordance with the
Law on Capital Market; provisions of laws and regulations
in the capital market;
Art. 153A (3): Art. 153A (3): Nomenclature amendment
Further provisions regarding the Further provisions regarding the

establishment of a Company for establishment of a Company for
Micro- and Small-Scale Businesses micro- and small-scale businesses as
shall be regulated under a referred to in paragraph (1) shall be
Regulation of the Government. regulated under Regulation of the
Government.
Art. 153E (2): Art. 153E (2): Nomenclature amendment
The founder of the Company may The founder of the Company may
only establish a Limited Liability only establish a Company
Company (Perseroan Terbatas ) for (Perseroan) for micro- and small-
Micro- and Small-Scale Businesses scale businesses amounting to 1
amounting to 1 (one) Company for (one) Company for micro- and small-
micro- and small-scale businesses scale businesses within 1 (one) year.
within 1 (one) year.
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Art. 153G (2): Art. 153G (2): Nomenclature amendment
e. bankruptcy assets of a Company e. bankruptcy assets of a Company

that has been declared bankrupt are in that has been declared bankrupt are in
a state of insolvency as regulated in a state of insolvency as regulatedin
the Law on Bankruptcy and the provisions of Law on
Postponement of Debt Payment Bankruptcy and Postponement of Debt
Obligations; or … Payment Obligation; or …
Art. 153H: Art. 153H: Perppu CK specifies the article

reference regarding the criteria that
(1) In the event that a Company for (1) In the event that a Company for results in the obligation to become
Micro- and Small-Scale Businesses micro- and small-scale businesses no a company.
no longer meets the criteria for longer meets the criteria as referred
Micro- and Small-Scale Businesses to in Article 153A paragraph (1) , the
as referred to in Article 153A , the Company must change its status into
Company must change its status into a Company as referred to in
a Company as referred to in provisions of laws and regulations .
provisions of the prevailing laws
and regulations. (2) Further provisions regarding the
change of Company status for micro-
(2) Further provisions regarding the and small-scale businesses into a
change of Company status for Company as referred to in
Micro- and Small-Scale Businesses paragraph (1) shall be regulated
into a Company shall be regulated under a Regulation of the
under a Regulation of the Government.
Government.
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D. Micro-, Small- and Medium-Scale Enterprises
Law 20/2008[9]
Art. 6 (1): Art. 6 (1): Perppu CK has removed turnover as

one of the criteria for determining
Criteria of Micro-, Small, and Criteria of Micro-, Small, and Micro-, Small and Medium-Scale
Medium-Scale Business may contain Medium-Scale Businesses may Businesses.
business capital, turnover, net assets contain, net assets indicator, annual
indicator, annual sales, or sales, or investment value, incentive
investment value, incentive and and disincentive, implementation of
disincentive, implementation of eco- eco-friendly technology, local
friendly technology, local content, or content, or number of workers in
number of workers in accordance accordance with the criteria of each
with the criteria of each business business sector.
sector.
Art. 88 (6): Art. 88 (6): Perppu CK clarifies the deadline for

establishing the single data basis of
Single data basis as referred to in Single data basis as referred to in Micro-, Small- and Medium-Scale
paragraph (2) shall be established by paragraph (2) shall be established by Businesses.
no later than 2 (two) years after the no later than 2 November 2022 .
enforcement of this Law.
Art. 91 (2): Art. 91 (2): Perppu CK readjusts the required

documents that should be enclosed
Registration as referred to in The registration as referred to in in registrations of Micro-, Small- and
paragraph (1) may be conducted paragraph (1) may be conducted Medium-Scale Businesses.
online or offline by enclosing: online or offline by enclosing a
Citizenship Identification Number
a. Identity Card ( Kartu Tanda (Nomor Induk Kependudukan/NIK) .
Penduduk/KTP); and
b. Business statement from

neighborhood association ( rukun
tetangga) level government.
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E. Immigration
Law 6/2011[10]
Art. 63 (6): Art. 63 (6): Perppu CK clarifies which foreigners

are subject to depositing
Foreign Nationals as referred to in Business actors with foreign immigration guarantees in lieu of a
paragraph (4) letter b shall deposit citizenship as referred to in guarantor.
Immigration guarantees in lieu of a paragraph (4) letter b shall deposit
guarantor during their stay in the Immigration guarantees in lieu of a
Indonesian Territory. Guarantor during their stay in the
Indonesian Territory.
F. Patents
Law 13/2016[11]
The implementation of the Patent as The implementation of the Patent as

referred to in paragraph (1), is as referred to in paragraph (1) consists
follows: … of:
A compulsory license is a license to A compulsory license is a license to

implement a patent that is granted implement a Patent that is granted
based on a Decree of the Minister based on a Decree of the Minister
based on an application for the based on an application for reasons
following reasons: … to fulfill the following provisions : …
Art. 123: Art. 123: Nomenclature amendment
(2) The announcement as referred (2) The announcement as referred

to in paragraph (1) shall be made to in paragraph (1) shall be made
for 14 (fourteen) business days from for 14 (fourteen) Days from the date
the date of announcement of the of announcement of the simple
simple Patent Application. Patent Application.
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(4) The provisions in Article 49 (4) Provisions on the submission of

paragraphs (3) and (4) are views and/or objections to Patent
exempted, that objections to a Applications as referred to in Article
simple Patent Application are 49 paragraph (3) and paragraph (4)
directly used as additional material shall be exempted for the
for consideration during the submission of views and/or
substantive examination stage. objections to simple Patent
Applications.
Art. 124 (2): Art. 124 (2): Perppu CK clarifies that the results
of simple patent applications will
Simple patents granted by the Simple Patents which have been now take the form of approvals.
Minister are recorded and approved by the Minister shall be
announced through electronic media recorded and announced through
and/or non-electronic media. electronic media and/or non-
electronic media.
II. Energy
In terms of the energy sector, Perppu CK amends provisions originally set out under the following laws:
1. Law No. 4 of 2009 on Mineral Coal and Mining, as amended by Law No. 3 of 2020 (collectively referred to
as “Law 4/2009”);
2. Law No. 22 of 2001 on Oil and Gas (“Law 22/2001”);
3. Law No. 21 of 2014 on Geothermal Energy (“Law 21/2014”);
4. Law No. 30 of 2009 on Electricity (“Law 30/2009”);
5. Law No. 10 of 1997 on Nuclear Power (“Law 10/1997”).
The laws listed above were also previously amended under UUCK. The differences between amendments
that were introduced under UUCK with those addressed under Perppu CK are elaborated upon in the
following tables:
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A. Mineral Coal and Mining
Law 4/2009[12]
Art. 162: Art. 162: Perppu CK adds the

article reference which
Every person who obstructs or interferes Every person who obstructs or interferes may result in the
with the mining business activities of with Mining Business activities of holders expansion of basis for
holders of IUP, IUPK, IPR or SIPB who of IUP, IUPK, IPR, or SIPB who have the imposition of criminal
have fulfilled the requirements referred to fulfilled the requirements referred to in sanctions stated herein.
in Article 86F letter b and Article 136 Article 70, Article 86F letter b, and Article
paragraph (2) shall be subject to 136 paragraph (2) shall be subject to
imprisonment for a maximum of 1 (one) imprisonment for a maximum of 1 (one)
year or a fine of a maximum of Rp. year or a fine of a maximum of Rp.
100,000,000.00 (one hundred million 100,000,000.00 (one hundred million
rupiah). rupiah).
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B. Oil and Gas
Law 22/2001[13]
Art. 1: Art. 1: Nomenclature

amendment
5. Mining Authority is the authority 5. Mining Authority is the authority
granted by the State to the Government granted by the state to the Central
to carry out Exploration and Exploitation Government to carry out Exploration and
activities. Exploitation activities.
14. Trading is the activity of purchasing, 14. Trading is the activity of purchasing,
selling, exporting, and importing Crude selling, exporting, and/or importing Crude
Oil and/or its processed products, Oil and/or its processed products,
including Trading Natural Gas through including trading Natural Gas through
pipes. pipes.
Art. 55: Art. 55: The sources of petroleum

fuel, gas fuel and/or
Every person who misuses the Every person who misuses the liquefied petroleum gas
Transportation and/or Trading of Oil Fuel, transportation and/or trading of subsidized are further clarified
gas fuel, and/or liquefied petroleum gas petroleum fuel, gas fuel, and/or liquefied under Perppu CK.
subsidized by the Government shall be petroleum gas and/or their supply and
punished with imprisonment for a distribution is given an assignment by the
maximum of 6 (six) years and a fine of a Government shall be punished with
maximum of Rp. 60,000,000,000.00 (six) imprisonment for a maximum of 6 (six)
tens of billion rupiah). years and a maximum fine Rp.
60,000,000,000.00 (sixty billion rupiah).
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C. Geothermal Energy
Law 21/2014[14]
Art. 6 letter d: Art. 6 letter d: The authority of the

central government is not
formulating norms, standards, guidelines formulating norms, standards, guidelines limited to geothermal
and criteria for Geothermal business and criteria for Geothermal business business activities for
activities for direct utilization activities direct utilization.
Art. 7 letter b: Art. 7 letter b: Nomenclature

amendment
Granting of Business Permits related to Business Permit for Direct Utilization in
direct utilization in the area under its the area under its authority;
authority
Art. 11 (1): Art. 11 (1): Nomenclature

amendment
Every person who exploits Geothermal for Every person who exploits Geothermal for
Direct Utilization as referred to in Art. 9 Direct Utilization as referred to in Art. 9
paragraph (1) letter must first have a paragraph (1) letter a must first have a
Business Permit related to Direct Business Permit for Direct Utilization.
Utilization.
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D. Electricity
Law 30/2009[15]
UUCK Perppu CK
A consumer is every person or entity that A consumer is any person or entity that
purchases electrical power from a holder purchases Electricity from a holder of
of an electric power supply business Business Licensing in relation to the
license. Electric Power Supply for the public
interest .
The electricity general plan is the electric Electricity General Plan is a plan for the
power supply system development plan development of an Electricity supply
which includes the fields of generation, system covering the fields of Electricity
transmission, and distribution of electric Generation, Electricity Transmission, and
power required to fulfill electric power Electricity Distribution required to meet
needs. the demand for Electricity.
The business area is the area determined Business Area is an area determined by
by the Central Government as the place the Central Government as a place for
for a business entity to carry out electric business entities to carry out the business
power distribution and sale businesses. of Electricity Distribution and/or sale of
Electricity.
Minister is the minister in charge of the Minister is the Minister who administers
electricity sector government affairs in the Electricity sector.
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Business Licensing for electric power Business Licensing for electric power
supply for own interests as referred to in supply business activities for own
Article 19 paragraph (1) letter b is interests as referred to in Article 19
mandatory for power plants with certain paragraph (1) letter b is mandatory for
capacity regulated under a Regulation of power plants with certain capacity
the regulated under a Regulation of the
Government.
Government.
(1) Holders of Business Licensing for (1) Holders of Business Licensing for
electric power supply for their own electric power supply business activities
interests may sell excess electric power for their own interests may sell excess
to be utilized in public interests after electric power to be utilized in public
obtaining approval from the Central interests after obtaining approval from the
Government or Regional Government in Central Government or Regional
accordance with the norms, standards, Government in accordance with the
procedures, and criteria stipulated by the norms, standards, procedures, and criteria
Central Government. stipulated by the Central Government.
(2) The sales of excess electric power as (2) The sales of excess electric power as
referred to in paragraph (1) can be referred to in paragraph (1) can be
conducted in the event that the holder of conducted in the event that the holder of
Business Licensing for electric power Business Licensing for electric power
supply activities has not reached said supply business activities has not reached
area. said area.
Holders of Business Licensing for electric Holders of Business Licensing for electric
power supply activities in public interests power supply business activities in public
must: interests must:
Consumers are responsible if due to their Consumers are responsible if due to their
negligence, the holders of Business negligence, the holders of Business
Licensing suffer loss during their electric Licensing suffer loss during their electric
power supply activities . power supply business activities .
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In conducting technical supervision as In supervising the fulfillment of technical

referred to in paragraph (1), the Central requirements as referred to in paragraph
Government and/or Regional Government (1) letter d , the Central Government and/or
may be assisted by an electrical inspector Regional Governments are assisted by
and/or Civil Servant Investigator. Electricity Inspectors and/or Civil Servant
Investigators.
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Art. 48 (1): Art. 48 (1): Amendment to article

reference and
1) Every person that violates the (1) Every person that violates the nomenclature
provisions as referred to in Article 17 provisions as referred to in Article 17
paragraph (3), Article 19 paragraph (3), paragraph (3), Article 19 paragraph (3),
Article 22, Article 23 paragraph (1), Article 22, Article 23 paragraph (1), Article
Article 27 paragraph (2), Article 28, 27 paragraph (2), Article 28, Article 30
Article 30 paragraph (1), Article 33 paragraph (1), Article 35, Article 37,
paragraph (2) , Article 35, Article 37, Article 42 , Article 44 paragraph (4) or
Article 42 , Article 44 paragraph (4) or paragraph (5) or Article 45 paragraph (3)
paragraph (5), or Article 45 paragraph (3) shall be subject to administrative
shall be subject to administrative sanctions, in the form of:
sanctions, in the form of:
a. written reprimand; a. written reprimand;
b. temporary suspension of activities; b. temporary suspension of activities;
c. fines; and/or c. fines; and/or
d. revocation of Business Licensing. d. revocation of Business Licensing.
(2) Every person who constructs a (2) Every person who constructs a building
building or allows building and/or or allows building and/or replants plants,
replants plants, which: which:
a. have been provided redress as referred a. have been provided redress as referred
to in Article 30 paragraph (2) and/or to in Article 30 paragraph (2) and/or
compensation as referred to in Article 30 compensation as referred to in Article 30
paragraph (3); paragraph (3);
b. have the potential to enter the free b. have the potential to enter the free
space or minimum clearances of the space or minimum clearances of the
electric power grid; or electric power grid; and/or
c. have the potential to endanger the c. have the potential to endanger the
safety and/or hinder the reliability of safety and/or hinder the reliability of
electric power supply, shall be subject to electric power supply, shall be subject to
administrative sanctions. administrative sanctions.
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Not Amended Art. 53: Previously, Art. 53 of Law

30/2009 stated that every
Every person who carries out business person who carries out
activities for supporting electricity services business activities relating to
without a permit as referred to in Article 19 electricity support services
paragraph (3) which results in without a permit, as referred
victims/damage to health, safety and/or the to under Article 25
environment shall be subject to paragraph (1), shall be
imprisonment for a maximum of 5 (five) years punished with imprisonment
and a fine of up to Rp. 2,000,000,000.00 for a maximum of 5 (five)
(two billion rupiah). years and a maximum fine of
Rp. 2,000,000,000.00 (two
billion rupiah).
E. Nuclear Power
Law 10/1997[16]
Art. 9A paragraph 6: Art. 9A paragraph 6: Nomenclature amendment
In the event that an individual or In the case of individuals or business

business entity finds radioactive entities finding radioactive associated
accessory minerals, they are required to minerals, individuals or business entities
transfer them to the state or state- are required to transfer to the state or
owned enterprises in accordance with state-owned enterprises in accordance
the provisions of laws and regulations. with the provisions of laws and
regulations.
III. Financial Services

In terms of the financial services sector, Perppu CK has amended provisions originally set out under
several laws that were also previously amended by UUCK. These laws break down as follows:
1. Law No. 7 of 1992 on Banking, which has been amended several times, most recently, prior to the
issuance of the UUCK, through the issuance of Law No. 10 of 1998 (“Law 7/1992”);
2. Law No. 21 of 2008 on Sharia Banking (“Law 21/2008”); and
3. Law No. 25 of 1992 on Cooperatives (“Law 25/1992”).
Perppu CK features no differences from the amendments that were previously introduced through UUCK.
[17]
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IV. Industry and Trade

In these sectors, Perppu CK also amends a list of laws that were previously amended by UUCK. These
laws are as follows:
1. Law No. 3 of 2014 on Industry (“Law 3/2014”);

2. Law No. 7 of 2014 on Trade (“Law 7/2014”);
3. Law No. 36 of 2000 on the Determination of Regulation of the Government in Lieu of Law No. 1 of 2000
on Free-Trade Zones and Free Ports as a Law, as amended by Regulation of the Government in Lieu of Law
No. 44 of 2007 (“Law 36/2000”); and
4. Law No. 37 of 2000 on the Determination of Regulation of the Government in Lieu of Law No. 2 of 2000
on the Sabang Free-Trade Zone and Free Port as a Law (“Law 37/2000”); and
5. Law No. 39 of 2009 on Special Economic Zones (“Law 39/2009”);
6. Law No. 2 of 1981 on Legal Metrology (“Law 2/1981”);
7. Law No. 33 of 2014 on Halal Product Guarantee (“Law 33/2014”); and
Perppu CK maintains the amendments that were previously introduced under UUCK in relation to Law
[18]
36/2000. However, in terms of the remaining laws listed above, Perppu CK has made a number of
adjustments, as elaborated upon in the following tables:
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A. Industry
Law 3/2014[19]
2) The obligation to be located in an 2) The obligation to be located in an

Industrial Estate as referred to in Industrial Estate as referred to in
paragraph (1) is exempted for any paragraph (1) is exempted for any
Industrial Company which will undertake Industrial Company which will undertake
an Industry and is located in a regency/ an Industry and is located in a regency/
city area that: city area that:
a. does not yet have an Industrial Estate; a. does not yet have an Industrial Estate;
b. has had an Industrial Estate but all b. has had an Industrial Estate but all
Industrial blocks in the Industrial Estate Industrial blocks in the Industrial Estate
are fully occupied; or are fully occupied; or
c. there is Special Economic Zone which c. Special Economic Zone which has an
has an industrial zone. industrial zone.
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B. Trade
Law 7/2014[20]

administrative record of Goods as administration record of Goods as referred
referred to in paragraph (1) shall be to in paragraph (1) shall be regulated
regulated under a Regulation of the under a Regulation of the Government
Government.
The Central Government may, in carrying The Central Government may, in carrying
out guidance as referred to in paragraph out guidance as referred to in paragraph
(1), cooperate with other parties . (1), cooperate with stakeholders.
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C. The Sabang Free-Trade Zone and Free Port
Law 37/2000[21]
Art. 9 (1): Art. 9 (1): Perppu CK clarifies that the goods in

question that are prohibited from
Goods (plural) subject to the Goods (singular) subject to the entering the Sabang Zone may also
prohibition provisions are prohibited prohibition provisions are prohibited take the form of singular objects.
from entering Sabang Zone. from entering Sabang Zone.
D. Special Economic Zones
Law 39/2009[22]
(1) Proposal as referred to in Article (1) Proposal of the establishment of

5 paragraph (1) must meet the KEK as referred to in Article 5
criteria as referred to in Article 4. paragraph (1) must meet the criteria
as referred to in Article 4.
(2) Proposal as referred to in (2) Proposal of the establishment of

paragraph (1) shall at least be KEK as referred to in paragraph (1)
equipped with the following shall at least be equipped with the
requirements: following requirements:
a. a development location map as a. a development location map as

well as the proposed area which is well as the proposed area which is
separate from residential areas; separate from residential areas;
b. the proposed KEK spatial layout b. the proposed KEK spatial layout
plan equipped with zoning plan equipped with zoning
arrangements; arrangements;
c. financing plans and sources; c. financing plans and sources;
d. Environmental approval; d. Environmental approval;
e. results of economic and financial e. results of economic and financial

feasibility studies; feasibility studies;
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f. the period of a KEK and strategic f. the period of a KEK and strategic
plan; and plan; and
g. control of the land that has been g. control of the land that has been
controlled at least 50% (fifty controlled at least 50% (fifty
percent) of what was planned. percent) of what was planned.
Art. 40 (1): Art. 40 (1): As Article 31 was previously

removed by UUCK, Perppu CK
Other than the granting of facility Other than the granting of facility reiterates that the facilities and ease
and ease as referred to in Article 30 and ease as referred to in Article 30, that were granted under Article 31
to Article 39 , Business Entity and Article 32, Article 32A, Article 33, are not eligible to secure other
Business Actors in KEK based on this Article 33A, Article 34, Article 35, facilities and ease from the central
Law, the Central Government may Article 36, Article 37, Article 38, government.
grant other facilities and ease. Article 38A, and Article 39 , Business
Entity and Business Actors in KEK
based on this Law, the Central
Government may grant other facility
and ease.
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E. Legal Metrology
Law 2/1981[23]
The Central Government shall regulate: The Central Government regulates:
a. testing and inspection of measuring, a. testing and inspection of Measuring

dosage, and weighing instruments, and Instruments, Dosage Instruments,
their equipment; Weighing Instruments, and Equipment
Instruments;
b. implementation as well as the period b. implementation and period for

for conducting calibration and calibration and re-calibration; and
recalibration; and
c. places and areas where the calibration c. place and area where calibration and re-
and recalibration of certain types of calibration of Measuring Instruments,
measuring, dosage, and weighing Dosage Instruments, Weighing
instruments, and their equipment are Instruments, and Equipment Instruments
carried out. for certain types are carried out.
(1) Every Business Actor who makes and/ (1) Every Business Actor who makes and/
or repairs measuring, dosage, and or repairs Measuring Instruments, Dosage
weighing instruments, and their Instruments, Weighing Instruments, and
equipment must fulfill Business Licensing Equipment Instruments must fulfill
from the Central Government. Business Licensing from the Central
Government.
(2) Every Business Actor who imports (2) Every Business Actor who imports
measuring, dosage, and weighing Measuring Instruments, Dosage
instruments, and their equipment into Instruments, Weighing Instruments, and
the territory of the Republic of Indonesia Equipment Instruments into the territory
must fulfill Business Licensing from the of the Republic of Indonesia must fulfill
Central Government. Business Licensing from the Central
Government.
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F. Halal Product Guarantee
Law 33/2014[24]
Not Amended Art. 1: Perppu CK has added that halal

fatwa or determination of product
10. Halal Certificate is an halal status can be done by MUI,
acknowledgment of the halal status of Provincial MUI, Regency/City MUI,
a product issued by BPJPH based on a Aceh Ulema Consultative
written halal fatwa or determination of Assembly, or Halal Product Fatwa
product halal status by MUI, Provincial Committee. Hence, several
MUI, Regency/City MUI, Aceh Ulema provisions under Perppu CK are
Consultative Assembly, or Halal affected by this addition.
Product Fatwa Committee.
Art. 4A: Art. 4A: Perppu CK emphasizes that the

statement in question is halal
(1) For Micro- and Small-Scale (1) For Micro- and Small-Scale Business statement.
Business Actors, halal-certified Actors, halal-certified obligation as
obligation as referred to in Article 4 referred to in Article 4
shall be based on the statement of shall be based on the halal statement

Micro- and Small-Scale business of Micro- and Small-Scale business
actors. actors.
(2) Statement of Micro- and Small- (2) Halal statement of Micro- and
Scale Business Actors as referred to Small-Scale Business Actors as referred
in paragraph (1) shall be carried out to in paragraph (1) shall be carried out
based on the halal standard based on the halal standard
established by BPJPH. established by BPJPH.
Not Amended Art. 5: Nomenclature amendment to the

original version of Law 33/2014,
(4) If necessary, the Minister can and affirmation that said
develop the BPJPH organization in the development is to be carried out
regions as needed . by the Minister of Religious Affairs
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Not Amended Art. 7: Addition of parties that may

cooperate with BPJPH
(1) In exercising the authority referred to
in Art. 6, BPJPH cooperates with:
a. related ministries and/or institutions;
b. LPH; and
c. MUI, Provincial MUI, Regency/City

MUI, or Aceh Ulema Consultative
Assembly.
(2) Apart from the cooperation referred to

in paragraph (1), BPJPH can cooperate
with universities.
Not Regulated Art. 10A: Addition of provisions to elaborate

the cooperation between BPJPH
BPJPH cooperation with universities as and universities
referred to in Art. 7 paragraphs (2)
are carried out for socialization,
education, and publication of Halal
Products.
(1) To establish LPH as referred to in (1) To establish LPH as referred to in

Article 12, the following Art. 12, must apply for accreditation
requirements must be fulfilled : to BPJPH by fulfilling the following
requirements:
Art. 25: Under Perppu CK, halal certificate

renewal shall be carried out if
Business Actors who have obtained there is a change in the
Halal Certificates composition of materials and/or
PPH.
must:
d. renews the Halal Certificate if there

is a change in the composition of
Materials and/or PPH; and
e. report changes in the composition

of Materials and/or PPH to BPJPH.
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Art. 28 (4): Art. 28 (4): Perppu CK clarifies the term mass

organization
In the event that the business In the event that the business activity
activity is carried out by the micro- is carried out by the micro- and small-
and small-scale Business Actors, scale Business Actors, Halal Supervisor
Halal Supervisor can come from a can come from a Islamic Mass
Mass Organization. Organization.
Art. 32: Art. 32: Perppu CK introduces integrated

electronic system.
(1) LPH shall convey the result of The LPH submits the results of
inspection and/or testing of the inspection and/or testing for product
halal status of Products to MUI with halal status to MUI, Provincial MUI,
a copy being sent to BPJPH. Regency/City MUI, or Aceh Ulema
Consultative Assembly with a copy
sent to BPJPH, through an integrated
electronic system.
(2) In the event that the result of

inspection and/or testing of the
halal status of Products does not
conform to the standard owned by
BPJPH, BPJPH shall convey
considerations to MUI to issue a
fatwa.
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Art. 33: Art. 33: Perppu CK has further clarified the

procedures if the time limit of
(1) Stipulation of the halal status (1) Product halal status is determined halal status determination
ofProducts shall be carried out by by MUI, Provincial MUI, Regency/City exceeded.
MUI. MUI, or Aceh Ulema Consultative
Assembly.
(2) Stipulation of the halal status of (2) Determination of product halal

Products as referred to in paragraph status as referred to in paragraph (l) is
(1) shall be carried out in a Halal carried out in the Halal Fatwa
Fatwa Session. Assembly.
(3) Halal Fatwa Session as referred (3) The Halal Fatwa Session of MUI,
to in paragraph (2) shall decide the Provincial MUI, Regency/City MUI, or
halal status of products within a Aceh Ulema Consultative Assembly as
maximum period of 3 (three) referred to in paragraph (2) decides on
business days after MUI received the the halal status of the Product no later
result of inspection and/or testing of than 3 (three) business days after MUI,
products from LPH. Provincial MUI, Regency/City MUI, or
the Aceh Ulema Consultative
Assembly receives the results of
Product inspection and/or testing from
LPH.
(4) Stipulation of the halal status of (4) The determination of product halal
Products as referred to in paragraph status as referred to in paragraph (2)
(2) shall be conveyed by MUI to shall be submitted by MUI, Provincial
BPJPH as the basis for issuing Halal MUI, Regency/City MUI, or Aceh
Certificates Ulema Consultative Assembly to BPJPH
as the basis for issuing Halal
Certificates.
(5) In the event that the time limit as

referred to in paragraph (3) is
exceeded, the Halal Product Fatwa
Committee shall determine the halal
product, based on the provisions ofthe
Halal Fatwa.
(6) Determination of product halal

status as referred to in paragraph (5)is
carried out no later than 2 (two)
business days.
(7) Further provisions regarding the

determination of Product halal status
as referred to in paragraph (1) are
regulated in Government Regulations.
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Not Regulated Art. 33A: Perppu CK now elaborates on

halal statement, especially by
(1) In the event that the application micro- and small-scale business
for halal certification is carried out by actors
micro and small Business Actors
through a halal statement, the Halal
Product Fatwa Committee shall be
determined based on the provisions of
the Halal Fatwa.
(2) Determination of Product Halal by

the Halal Product Fatwa Committee as
referred to in paragraph (1) is carried
out no later than 1 (one) business day
after receiving the results of PPH
assistance.
(3) PPH assistance as referred to in

paragraph (2) shall be completed no
later than 10 (ten) business days after
the application for halal certification
is submitted by the micro and small
business actors as referred to in
paragraph (1).
(4) Based on the determination of

Product halal status as referred to in
paragraph (2), BPJPH issues Halal
Certificates.

determination of Product halal status
as referred to in paragraph (1) are
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Not Regulated Art. 33B: Perppu CK introduces Halal

Products Fatwa Committee
(1) Halal Products Fatwa Committee is
formed and is responsible to the
Minister.
(2) Halal Product Fatwa Committee

consists of elements of:
a. cleric; and
b. academics.
Halal Certificate as referred to in Halal Certificate as referred to in Art.

Article 34 paragraph (1) shall be 33A paragraph (4) and Art. 34
issued by BPJPH no later than 1 paragraph (1) is issued by BPJPH no
(one) business day from the fatwa later than 1 (one) business day after
on the halal status of the Product the determination of product halal
status is received by BPJPH .
Art. 42: Art. 42: Perppu CK states that the validity

of halal certificate remains as long
(1) Halal Certificate is valid for 4(four) (1) The Halal Certificate is valid from the as there is no change in the
years since the issuance byBPJPH, time it is issued by BPJPH and remains valid
composition of materials and/or
unless there is a change in the as long as there is no change in the
halal product processing ( Proses
composition of the Materials. composition of
Produk Halal – “ PPH”).
Materials and/or PPH.
(2) Halal Certificate must be (2) In the event that there is a changein the
extended by Business Actors by composition of Materials and/ or PPH ,
applying for an extension of the Halal
Business Players are requiredto renew
Certificate no later than 3 (three)
the Halal Certificate.
months before the validityperiod of
the Halal Certificate expires.
(3) If in the application for the (3) Further provisions regarding

extension as referred to in paragraph renewal of Halal Certificate as referred
(2), the Business Actor includes a to in paragraph (2) are regulated in
statement of fulfilling thehalal
Government Regulations
production process and does not
change the composition, BPJPH can
immediately issue an extensionof the
halal certificate.

procedures for the extension of Halal
Certificate shall be regulatedunder a
Regulation of the Government
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Not Amended Art. 50: Validity period of halal certificate

is no longer included in the JPH
JPH supervision is carried out on: supervision
a. LPH;
b. Product status;
c. the inclusion of the Halal Label;
d. inclusion of non-halal information;
e. separation of locations, places and

means of slaughtering, processing,
storage, packaging, distribution, sales,
and presentation between Halal and
non-halal Products;
f. existence of Halal Supervisor; and/or
g. other activities related to JPH.
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Not Regulated CHAPTER VIIA Perppu CK elaborates the

electronic-based halal product
guarantee services
ELECTRONIC-BASED HALAL PRODUCT
GUARANTEE SERVICES
Art. 52A:
(1) JPH management services must

use an integrated electronic system.
(2) The integrated electronic system as

referred to in paragraph (1) connects
the halal certification service process
carried out by:
a BPJPH;
b LPH;
c. MUI, Provincial MUI, Regency/City

MUI, and the Aceh Ulema
Consultative Assembly;
d Halal Product Fatwa Committee;

and
e. PPH assistant.

referred to in paragraph (1) is also
used to support other services related
to the implementation of JPH.

referred to in paragraph (1) is
managed by BPJPH.
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Not Regulated CHAPTER VIIB Perppu CK elaborates the sources

of funding for the implementation
of halal product guarantee
SOURCES OF FUNDING
Art. 52B:
Funding for the implementation of

this Law comes from:
a. state budget;
b. regional income and expenditure

budget; and/or
other sources that are legal andnon-

binding in accordance with the
provisions of the laws and
regulations.
Art. 53: Art. 53: Perppu CK now excluded the

marketing in networks of
(2) Community participation as (2) Community participation as incorporated Islamic mass
referred to in paragraph (1) can be referred to in paragraph (1) can be in organizations as form of
in the form of: the form of: community participation
a. dissemination of information and a. dissemination of information and

education about JPH; education about JPH;
b. assistance in the process of halal b. assistance in the process of halal

products; products;
c. publication that the product is in c. publication that the product is in

the process of assistance; the process of assistance; and
d. marketing in networks of d. supervision of Halal Products in

incorporated Islamic mass circulation.
organizations; and
e. supervision of Halal Products in

circulation.
Not Regulated Art. 63A: Addition of new provisions
The implementation of JPH

management services uses an
integrated electronic system as
referred to in Art. 52A shall be built
in stages no later than 1 (one) year
after the promulgation of this Law.
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Not Regulated Art. 63B: Addition of new provisions
Halal certificates that have been

issued by BPJPH prior to the
enactment of this Law are declared to
remain valid as long as there is no
change in the composition of the
Material and/or PPH.
Not Regulated Art. 63C: Addition of new provisions related to

Halal Product Fatwa Committee
(1) Halal Product Fatwa Committee
must have been established no later
than 1 (one) year after this Law was
promulgated.
(2) The government carries out the duties

of the Halal Products Fatwa Committee
until the formation of theHalal Products
Fatwa Committee
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V. Infrastructure and Construction Services

In terms of the infrastructure and construction services sector, Perppu CK also amends several laws that
previously featured under UUCK, as follows:
1. Law No. 38 of 2004 on Roads (“Law 38/2004”);

2. Law No. 2 of 2017 on Construction Services (“Law 2/2017”); and
3. Law No. 17 of 2019 on Water Resources (“Law 17/2019”).
Perppu CK contains various provisions that aim to ensure an easier path for nationally strategic projects,
however, these provisions do not stem from or replace any existing laws.
While maintaining the provisions that were originally addressed under UUCK as regards an easier passage
[25]
for nationally strategic projects, Perppu CK makes several changes to the provisions that were originally
set out under UUCK in relation to the above-listed laws, as elaborated upon in the following tables:
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A. Roads
Law 38/2004[26]
The promotional location and The provision of promotional

development for Micro-Scale location and development for
Businesses, Small-Scale Businesses, Micro-Scale Businesses, Small-Scale
and Medium-Scale Businesses, Rest Businesses, and Medium-Scale
Areas and Services as referred to in Business, Rest Area and Services as
paragraph (1) shall be organized by referred to in paragraph (1) shall be
allocating area on Toll Road of at organized by allocating area on Toll
least 30% (thirty percent) of the Road of at least 30% (thirty percent)
total land of a commercial area for of the total land of a commercial
Micro-Scale Business, Small-Scale area for Micro-Scale Business, Small-
Business, and Medium-Scale Scale Business, and Medium-Scale
Business, both for operating Toll Business, both for operating Toll
Road and Toll Road that is still in Road and Toll Road that is still in
planning and construction phases. planning and construction phases.
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B. Construction Services
Law 2/2017[27]
Art. 5: Art. 5: Perppu CK clarifies that engaging

said authorities is considered a
(1) In order to achieve the (1) In fulfilling the responsibility … fulfillment of the responsibility of
objectives … the central government in relation
(2) In fulfilling the responsibility … to construction services.
(2) In order to achieve the
objectives … (3) In fulfilling the responsibility …
(3) In order to achieve the (4) In fulfilling the responsibility …

objectives …
(5) In fulfilling the responsibility …
objectives …

objectives …

objectives …
Art. 6: Art. 6:

objectives …

objectives …
objectives …
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objectives …

objectives …
Further provision regarding the Further provision regarding Service

organization of Construction Users and Service Providers that
Services, Service Users and Service must fulfill the Security, Safety,
Providers that must fulfill the Health, and Sustainability Standards
Security, Safety, Health, and in the organization of Construction
Sustainability Standards as referred Services as referred to in paragraph
to in paragraph (1) shall be (1) shall be regulated under a
regulated under a Regulation of the Regulation of the Government.
Government.
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(1) Every Service Provider and/or (1) Every Service Provider and/or
Service User that does not meet the Service User that does not meet the
Security, Safety, Health and Security, Safety, Health and
Sustainability Standards in the Sustainability Standards in the
organization of Construction Services organization of Construction Services
as referred to in Article 59 as referred to in Article 59
paragraph (1) shall be subject to paragraph (1) shall be subject to
administrative sanctions in the form administrative sanctions in the form
of: of:
c. temporary suspension of c. temporary suspension of

Construction activities; Construction Services activities ;
d. service inclusion in the blacklist ; d. inclusion in the blacklist ;
(2) Every Service User and/or (2) Every Service User and/or Service
Service Provider that, in providing Provider that, in providing
ratification or approval, violates the ratification or approval, violates the
provisions as referred to in Article provisions as referred to in Article
59 paragraph (2) shall be subject to 59 paragraph (2) shall be subject to
administrative sanctions in the form administrative sanctions in the form
of: of:
g. revocation of Business Entity g. revocation of Business Entity

Certificate for Construction Service Certificate for Service Providers …
Providers …
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C. Water Resources
Law 17/2019[28]
Art. 19 (3): Art. 19 (3): Perppu CK clarifies which approvals

are referred to in relation to the
Part of the duties and authorities as Part of the duties and authorities as duties and authorities that may not
referred to in paragraph (1) does referred to in paragraph (1) does be delegated to the Water
not include: not include: Resources Manager.
a. establishing policies; a. establishing policies;
b. establishing the Water Resources b. establishing the Water Resources

Management Pattern; Management Pattern;
c. establishing the Water Resources c. establishing the Water Resources

Management Plan; Management Plan;
d. designating Water Resources d. designating Water Resources

protected areas; protected areas;
e. issuing Business Licensing or e. issuing Business Licensing or

Approval; approval of Water Resources
utilization;
f. forming a coordination forum
f. forming a coordination forum
g. stipulate norms, standards,
procedures, and criteria; g. stipulate norms, standards,
procedures, and criteria;
h. forming a Water Resources
Management; and h. forming a Water Resources
Management; and
i. establish BJPSDA ( Biaya Jasa
Pengelolaan Sumber Daya Air /Water i. establish BJPSDA ( Biaya Jasa
Resource Management Service Costs) Pengelolaan Sumber Daya Air /Water
unit value. Resource Management Service
Costs) unit value

are exempted from having to be
The obligation to obtain an approval The obligation to obtain Business secured when engaging Water
or Business Licensing as referred to Licensing or approval of Water Resources
in paragraph (3) is exempted for Resources utilization as referred to
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non-construction activities that do in paragraph (3) is exempted for Infrastructure construction activities
not result in physical changes to non-construction activities that do and the implementation of non-
water sources. not result in physical changes to construction activities in the parties’
water sources. own
interests.
Art. 40A: Perppu CK has introduced provisions

relating to river flow diversion
(1) Implementation of Water activities, which did not previously
Resources construction in the form feature under UUCK or the original
of river flow diversion activities shall Law 17/2009.
be carried out by the Central
Government and/or Regional
Government in accordance with its
jurisdiction in the Management of
Water Resources based on programs
and activity plans.
(2) In addition to being implemented

by Central Government and/or
Regional Government, river flow
diversion activities may be carried
out by governmental institutions
based on the approval of river flow
diversion issued by the Central
Not Regulated Government and/or Regional
Government in accordance with its
respective jurisdiction.
(3) In addition to being implemented

by Central Government and/or
Regional Government as referred to
in paragraph (1) and governmental
institutions as referred to in
paragraph (2), river flow diversion
activities may be carried out by:
a. state-owned enterprises;
b. regionally-owner enterprises;
c. village-owned enterprises;
d. cooperatives; or
e. privately-owned enterprises.
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(4) Implementation of river flow

diversion activities as referred to in
paragraph (3) shall be carried out
based on the approval for river flow
diversion issued by Central
Government and/or Regional
Government in accordance with
their respective authorities based on
the norms, standards, procedures,
and criteria stipulated by Central
government.
(5) Further provisions regarding

approval for river flow diversions as
referred to in paragraph (4) shall be
regulated under a Regulation of the
Government.

are required to be secured in
The use of water resources for other The use of water resources for other relation to the utilization of Water
countries as referred to in paragraph countries as referred to in paragraph Resources for other countries.
(3) and paragraph (4) must obtain (3) and paragraph (4) must obtain
approval from the central approval of Water Resources
government based on a utilization from the central
recommendation from the regional government based on a
government and in accordance with recommendation from the regional
the provisions of laws and government and in accordance with
regulations. the provisions of laws and
regulations.
Art. 70: Art. 70: Perppu CK has now stated that

engaging in river flow diversion
Every person who deliberately: Every person who deliberately: activities without first securing
approvals for such matters from the
a. carry out the implementation of a. carry out the implementation of
Central
Water Resources Infrastructure Water Resources Infrastructure
construction and non-construction construction and non-construction Government or a Regional
activities at Water Sources without activities at Water Sources without Government will be subject to the
obtaining a Business Licensing from obtaining a Business Licensing from imposition of criminal sanctions.
the Central the Central
Government or Regional Government or Regional

Government as referred to in Article Government as referred to in Article
40 paragraph (3); 40 paragraph (3);
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b. lease or transfer, either partially b. engage in the activities of Water

or as a whole, the Business Resources construction
Licensing or approval for the use of implementation in forms of river
Water Resources for non-business flow diversion activities without
needs as referred to in Article 44; obtaining the approval for river
or flow diversion from the Central
Government or Regional
Government as referred to in
Article 40A paragraph (4) ;
c. carry out the use of Water c. lease or transfer, either partially

Resources without Business or as a whole, the Business
Licensing for business needs or Licensing or approval for the use of
approval for the use of Water Water Resources for non-business
Resources as referred to in Article needs as referred to in Article 44;
49,
d. carry out the use of Water

Resources without Business Licensing
as referred to in Article 49
paragraph (2),
shall be sentenced to imprisonment

shall be sentenced to imprisonment
for a minimum of 1 (one) year and
for a minimum of 1 (one) year and
a maximum of 3 (three) years and a
a maximum of 3 (three) years and a
fine of at least RP. 1,000,000,000.00
fine of at least RP. 1,000,000,000.00
(one billion rupiah) and a maximum
(one billion rupiah) and a maximum
of RP. 5,000,000,000.00 (five billion
of RP. 5,000,000,000.00 (five billion
rupiah).
rupiah).
Art. 73: Art. 73: Perppu CK now states that engaging

in river flow diversion activities
Every person who, due to Every person who, due to without first securing approval for
negligence: negligence: such matters from the Central
a. carry out the implementation of a. carry out the implementation of Government or a Regional
Water Resources Infrastructure Water Resources Infrastructure Government due to the
construction and non-construction construction and non-construction perpetrator’s negligence will also
activities at Water Sources without activities at Water Sources without result in the imposition of criminal
fulfilling the provisions as referred to fulfilling the provisions as referred to sanctions.
in Article 40 paragraph (3) and in Article 40 paragraph (3) and
paragraph (4); or paragraph (4); or
b. use Water Resources for business b. engage in the activities of Water

needs without a Business Licensing Resources construction
as referred to in Article 49 implementation in forms of river
paragraph (2); flow diversion activities without
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obtaining the approval for river

flow diversion from the Central
Government or Regional
Government as referred to in
Article 40A paragraph (4) ;
c. use Water Resources for business

needs without Business Licensing as
referred to in Article 49 paragraph
(2);
shall be sentenced to imprisonment shall be sentenced to imprisonment

for a minimum of 3 (three) months for a minimum of 3 (three) months
and a maximum of 6 (six) years and and a maximum of 6 (six) years and
a fine of at least RP.300,000,000.00 a fine of at least RP. 300,000,000.00
(three hundred million rupiah) and a (three hundred million rupiah) and a
maximum of RP. 1,000,000,000.00 maximum of RP. 1,000,000,000.00
(one billion rupiah). (one billion rupiah).
VI. Land and Property

In terms of land and property-related matters, as originally addressed under UUCK, the newly-issued
Perppu CK affects the following legal frameworks that fall within this sector:
1. Law No. 1 of 2011 on Housing and Residential Areas (“Law 1/2011”);

2. Law No. 20 of 2011 on Multistory Housing (“Law 20/2011”); and
3. Law No. 2 of 2012 on Land Procurement for Developments in the Public Interest (“Law 2/2012”).
The differences between the changes made under UUCK and Perppu CK in terms of the above-described
framework are elaborated upon in the following table:
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A. Housing and Residential Areas
Law 1/2011[29]
Art. 36 (4-7): Art. 36 (4-6): Perppu CK has removed a provision

that allows simple houses to be
(4) In the event that a simple house (4) The construction of public converted into the form of public
cannot be built in the form of a houses as referred to in paragraph multistory housing. Consequently,
detached house or row house, it (1) must have access to a service the following paragraphs resume the
can be converted into the form of center or workplace. prior paragraph sequence.
public multistory housing .
(5) The construction of housing with
(5) The construction of public balanced occupancy as referred to in
houses as referred to in paragraph paragraph (1) shall be carried out by
(1) must have access to a service the same legal entity.
center or workplace.
(6) The construction of housing with housing development with balanced
balanced occupancy as referred to in occupancy shall be regulated under
paragraph (1) shall be carried out by a Regulation of theGovernment.
the same legal entity.

housing development with balanced
occupancy shall be regulated under
a Regulation of theGovernment
Art. 55 (5): Art. 55 (5 – 6): Perppu CK differentiates between

matters that will be subsequently
Further provisions regarding the (5) Further provisions regarding the addressed under a forthcoming
appointment and establishment of appointment and establishment of Regulation of the President and
an institution, ease, and/or an institution as referred to in those that will be addressed under a
assistance for house development paragraph (2) shall be regulated forthcoming Regulation of the
and acquisition for MBR shall be under Regulation of the President . Government.
President. (6) Further provisions regarding the
ease, and/or assistance for House
development and acquisition for
MBR shall be regulated under
Regulation of the Government .
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Art. 107 (2): Art. 107 (2): Perppu CK has broadened the scope
of the basis for land title issuance.
Issuance of land title as referred to Issuance of land title as referred to
in paragraph (1) shall be based on in paragraph (1) shall be based on
the determination of location or the determination of location or
approval of conformity for space confirmation, approval, or
utilization activities. recommendation of the conformity
for space utilization activities.
Art. 109: Art. 109: Perppu CK clarifies that approvals or

recommendations in relation to
(4) Location for land consolidation (4) Location for land consolidation space utilization activities will not be
which has been determined as which has been determined as required to determine land
referred to in paragraph (2) and referred to in paragraph (2) and consolidation locations.
paragraph (3) shall not require paragraph (3) shall not require
approval of Conformity for Space confirmation, approval, or
Utilization Activities. recommendation of the conformity
for space utilization activities.
of matters that relate to the
Transfer or relinquishment of land Transfer or relinquishment of land carrying out of transfers or
title as referred to in Article 106 title as referred to in Article 106 relinquishments of land titles.
letter c shall be carried out after the letter c shall be carried out after the
legal entity obtained approval of Legal Entity obtained confirmation,
Conformity for Space Utilization approval, or recommendation of
Activities. the conformity for space utilization
activities.
Art. 117B (2): Art. 117B (2): Nomenclature amendment
The supervisory element as referred The supervisory element as referred

to in paragraph (2) letter c amounts to in paragraph (2) letter c amounts
to 5 (five) persons whose selection to 5 (five) persons whose selection
and election process is carried out and election process is carried out
by the DPR (Dewan Perwakilan by the House of Representatives.
Rakyat/House of Representatives).
Art. 134: Article 134: Perppu CK has removed standards

as part of the housing development
Every person is prohibited from Every person is prohibited from element that prohibits parties from
organizing housing developments organizing Housing developments carrying out such matters.
that are not in accordance with the that are not in accordance with the
criteria, specifications, requirements, criteria, specifications, requirements,
infrastructure, facilities, and public Infrastructure, Facilities, and Public
utilities which are agreed upon and Utilities which are agreed upon.
the standards.
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Art. 150 (1): Art. 150 (1): Perppu CK has now addressed that
not providing access to a service
Every person who organizes housing Every person who organizes housing center or workplace within public
and residential area without fulfilling and residential area without fulfilling housing will result in the imposition
the provisions as referred to in the provisions as referred to in of administrative sanctions.
Article 26 paragraph (1), 29 Article 26 paragraph (1), 29
paragraph (1), Article 30 paragraph paragraph (1), Article 30 paragraph
(2), Article 34 paragraph (1) and (2), Article 34 paragraph (1) and
(1) and paragraph (2) , Article 38 (1), paragraph (2) or paragraph (4) ,
paragraph (4), Article 45, Article 47 Article 38 paragraph (4), Article 45,
paragraph (2), paragraph (3) and Article 47 paragraph (2), paragraph
paragraph (4), Article 49 paragraph (3) and paragraph (4), Article 49
(2), Article 63, Article 71 paragraph paragraph (2), Article 63, Article 71
(1), Article 126 paragraph (2), Article paragraph (1), Article 126 paragraph
134, Article 135, Article 136, Article (2), Article 134, Article 135, Article
137, Article 138, Article 139, Article 136, Article 137, Article 138, Article
140, Article 141, Article 142, Article 139, Article 140, Article 141, Article
143, Article 144, Article 145, or 142, Article 143, Article 144, Article
Article 146 paragraph (1) shall be 145, or Article 146 paragraph (1)
subject to administrative sanctions. shall be subject to administrative
sanctions.
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B. Multistory Housing
Law 20/2011[30]
Art. 54 (4): Art. 54 (4): Paragraph reference repositioning

transfer as referred to in paragraph criteria and procedures for granting
(2) and paragraph (3) and the the ease of general sarusun
criteria and procedures for granting ownership as referred to in
the ease of general sarusun paragraph (1) and the transfer as
ownership as referred to in referred to in paragraph (2) and
paragraph (1) shall be regulated paragraph (3) shall be regulated
under a Regulation of the President. under a Regulation of the President.
Every person who: Every person who:
a. change the designation of a a. change the designation of a

multistory housing location that has multistory housing location that has
been stipulated; or been stipulated; or
b. change the function and b. change the function and

utilization of multi-story housing, utilization of multi-story housing,
as referred to in Article 101 which as referred to in Article 101 which

results in human casualties or results in human casualties or
damage to goods, the perpetrator damage to goods, shall be
shall be sentenced to imprisonment sentenced to imprisonment for a
for a maximum of 1 (one) year or a maximum of 1 (one) year or a
maximum fine of RP. 250,000,000,00 maximum fine of RP. 250,000,000,00
(two hundred and fifty million (two hundred and fifty million
rupiah). rupiah).
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C. Land Procurement for Developments in the Public Interest
Law 2/2012[31]
Art. 36 (2): Art. 36 (2): While previously UUCK mandated

that every form of compensation
Further provisions regarding the Further provisions regarding the relating to land procurement would
provision of Compensation in the provision of Compensation in the be further addressed under a
form of substitute land, form of substitute land, forthcoming Regulation of the
resettlement, share ownership, or resettlement, share ownership, or Government, Perppu CK has now
other forms as referred to in other forms as referred to in clarified that compensation in the
paragraph (1) shall be regulated paragraph (1) letter b, letter c, form of cash will not be included
under a Regulation of the letter d and letter e shall be under said forthcoming Regulation
Government. regulated under a Regulation of the of the Government.
Government.
VII. Natural Resources

Within the natural resources sector, which is one of the sectors that is directly addressed under UUCK,
Perppu CK affects a number of different laws, specifically:
1. Law No. 31 of 2004 on Fisheries, as amended by Law No. 45 of 2009 (“Law 31/2004”);
2. Law No. 39 of 2014 on Plantations (“Law 39/2014”);
3. Law No. 29 of 2000 on the Protection of Plant Varieties (“Law 29/2000”);
4. Law No. 22 of 2019 on Sustainable Agriculture Systems (“Law 22/2019”);
5. Law No. 19 of 2013 on the Protection and Empowerment of Farmers (“Law 19/2013”);
6. Law No. 13 of 2010 on Horticulture (“Law 13/2010”);
7. Law No. 18 of 2009 on Animal Husbandry and Animal Health, as amended by Law No. 41 of 2014 (“Law
18/2009”);
8. Law No. 41 of 1999 on Forestry (“Law 41/1999”);
9. Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction (“Law 18/2013”)
10. Law No. 41 of 2009 on the Protection of Agricultural Land for Sustainable Food Production (“ Law
41/2009”); and
11. Law No. 7 of 2016 on the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers
(“Law 7/2016”).
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[32]
While no changes have been made to the framework of Law 41/2009, Perppu CK makes several
adjustments to the amendments that were introduced under UUCK to the remaining laws listed above.
Said adjustments are elaborated upon in the following tables:
A. Fisheries
Law 31/2004[33]
Art. 7 (4): Not Regulated This provision is not

included under either
The Central Government determines the Law 31/2004 or Perppu
potential and number of catches that are CK.
allowed as referred to in paragraph (1)
letter b and letter c

amendment
Every person who conducts fishery Every person who conducts fishery
business in the fishery management area business in the Fisheries Management
of the Republic of Indonesia must fulfill a Territory of the Republic of Indonesia must
Business Permit from the Central have a Business Permit from the Central
Government or Regional Government in Government or Regional Government in
accordance with their authority based on accordance with their authority based on
the norms, standards, procedures and the norms, standards, procedures and
criteria stipulated by the Central criteria stipulated by the Central
Government. Government.
Art. 32: Art. 32: Clarifies the types of

business permits.
Further provisions regarding Business Further provisions regarding Business
Permits are regulated in Government Permits related to Fisheries business and
Regulations. Fishing Vessels are regulated in
Government Regulations.
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amendment
Fishing and/or fish farming activities as Fishing and/or fish farming activities as
referred to in paragraph (1) are carried referred to in paragraph (1) are carried
out by Everyone and include activities in out by Everyone and include activities in
the context of education, counseling, the framework of education, training ,
research or other scientific activities, as research or other scientific activities, as
well as pleasure and tourism. well as pleasure and tourism.
Art. 35 (4): Art. 35 (4): Amendment to the article

reference
Further provisions regarding criteria, Further provisions regarding criteria, types,
types, amount of fines, and procedures amount of fines, and procedures for
for imposing administrative sanctions as imposing administrative sanctions as
referred to in paragraph (1), paragraph referred to in paragraph (3) are regulated
(2), and paragraph (3) are regulated in in Government Regulations.
Government Regulations.
Art. 35A (2): Art. 35A (2): Violations of the use of

captains will now be
Violations of the provisions on the use of Violations of the provisions on the use of subject to the imposition
ships’ crews as referred to in paragraph captains and crews as referred to in of administrative
(1) are subject to administrative sanctions paragraph (1) are subject to administrative sanctions.
in the form of warnings, suspension of sanctions in the form of warnings,
Business Permits, or revocation of suspension of Business Permits, or
Business Permits. revocation of Business Permits.
Art. 40: Art. 40: Re-arrangement of

sentence
Further provisions regarding the activities Further provisions regarding the activities
of building, importing, modifying vessels, of building, importing or modifying fishing
registration, measurement of fishing vessels as referred to in Article 35 ,
vessels, issuing fishing boat identification, registration of fishing vessels as referred
and the use of 2 (two) types of fishing to in Article 36 , the issuance of fishing
gear alternately as referred to in Article vessel identification as referred to in
35, Article 36, Article 37, Article 38, and Article 37 , the use of fishing equipment
Article 39 regulated in Government by fishing vessels with foreign flags as
Regulations. referred to in Article 38 , the use of 2
(two) types of fishing gear alternately as
referred to in Article 39 , as well as the
measurement of fishing vessels regulated
in government regulations.
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Art. 100B: Art. 100B: Amendment to the article

reference that relates to
In the case of a criminal act referred to In the case of a criminal act referred to in the imposition of criminal
in Article 8, Article 9, Article 12, Article Article 8, Article 9, Article 12, Article 14 sanctions.
14 paragraphs (4), Article 16 paragraphs paragraphs (4), Article 16 paragraphs (1),
(1), Article 21, Article 23 paragraph (1), Article 21, Article 23 paragraph (1), or
Article 26 paragraph (1), Article 38, Article 26 paragraph (1), committed by
Article 42 paragraph (3), or Article 55 small fishermen and/or small fish raisers
paragraph (1) committed by small shall be subject to imprisonment for a
fishermen and/or small fish raisers shall maximum of 1 (one) year or a maximum
be subject to imprisonment for a fine of Rp. 250,000,000.00 (two hundred
maximum of 1 (one) year or a fine of up and fifty million rupiah).
to Rp. 250,000,000.00 (two hundred and
fifty million rupiah).
Art. 101: Art. 101: Amendment to the article

reference that relates to
In the case of a criminal act referred to In the case of a criminal act referred to in the imposition of criminal
in Art. 84 paragraphs (1), Art. 85, Art. 86, Art. 84 paragraphs (1), Art. 84 paragraphs sanctions.
Art. 87, Art. 88, Art. 90, Art. 91, Art. 93 (3), Art. 84 paragraphs (4) , Art. 85, Art.
or Art. If a corporation commits a crime, 86, Art. 87, Art. 88, Art. 89 , Art. 90, Art.
charges and criminal sanctions are 91, Art. 92 , Art. 93, Art. 94, or Art. 94A is
imposed on its management and the carried out by the Corporation, charges
corporation is subject to a fine with an and criminal sanctions are imposed on its
additional weight of 1/3 (one-third) of management and the Corporation is
the fine imposed. subject to a fine with an additional weight
of 1/3 (one-third) of the fine imposed.
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B. Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers
Law 7/2016[34]
Salt comprises all matters related to Salt comprises all activities related
pre-production, production, post- to the pre-production, production,
production, processing, and post-production, processing and
marketing of salt. marketing of Salt.
Art. 37 (2): Art. 37 (2): Perppu CK clarifies that a

forthcoming Regulation of the
Further provisions regarding the Further provisions regarding the Government will be confined to
control of imports of fisheries and control of imports of Fishery addressing matters that relate to
salt commodities as referred to in Commodities and Salt Commodities imports of fisheries commodities. As
paragraph (1) shall be regulated as referred to in paragraph (1) shall previously the term “Fisheries” was
under a Regulation of the be regulated under a Regulation of used, such matters also encompass
Government. the Government. a broader scope of activities in
relation to fisheries themselves.
Art. 38 (1): Art. 38 (1): Perppu CK has now explicitly

mandated that the central
Every person is prohibited from Every person is prohibited from government should determine the
importing fishery commodities and importing fishery commodities and applicable entry points, types, times
salt commodities that are not in salt commodities that are not in of entry and/or mandatory quality
accordance with the entry point, accordance with the entry point, standards for the importation of
type, time of entry, and/or type, time of entry, and/or fisheries and salt commodities.
mandatory quality standards that mandatory quality standards that
are stipulated. have been stipulated by the central
government.
Art. 38A (1): Art. 38A (1): Perppu CK clarifies that the available
forms of administrative sanctions
Every person who imports fishery Every person who imports fishery include coercion, as administered by
commodities and salt commodities commodities and salt commodities the central government.
that are not in accordance with the that are not in accordance with the
entry point, type, time of entry, entry point, type, time of entry,
and/or mandatory quality standards and/or mandatory quality standards
stipulated by the government as stipulated by the central
referred to in Article 38 shall be government as referred to in Article
subject to administrative sanctions 38 shall be subject to administrative
in the form of: sanctions in the form of:
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a. temporary suspension of a. temporary suspension of

activities; activities;
b. suspension of business license; b. suspension of business license;
c. administrative fines; c. administrative fines;
d. government coercion; and/or d. central government coercion;

and/or
e. revocation of business licensing.
e. revocation of business licensing.
Art. 74: Art. 74: Perppu CK clarifies that violating the

applicable entry points, types, times
Every person who imports fishery Every person who imports fishery of entry and/or mandatory quality
commodities and salt commodities commodities and salt commodities standards, as determined by the
that are not in accordance with the that are not in accordance with the central government, will result in
entry point, type, time of entry, entry point, type, time of entry, the imposition of criminal sanctions.
and/or mandatory quality standards and/or mandatory quality standards
stipulated by the government as stipulated by the central
referred to in Article 38 which government as referred to in Article
results in casualties/damage to 38 which results in casualties/
health, safety and/or the damage to health, safety and/or the
environment environment
shall be sentenced with shall be sentenced with

imprisonment for a maximum of 4 imprisonment for a maximum of 4
(four) years and/or a maximum fine (four) years and/or a maximum fine
of of
RP. 6,000,000,000.00 (six billion RP. 6,000,000,000.00 (six billion

rupiah). rupiah).
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C. Plantations
Law 39/2014[35]
Art. 15: Art. 15: This prohibition is no longer

applicable in relation to
Plantation companies that carry out Plantation companies that carry out nucleus plasma activities.
partnership or nucleus plasma partnership activities are prohibited
activities are prohibited from from transferring rights over Plantation
transferring rights to Plantation Business Land resulting in a business
Business land which results in the unit that is less than the minimum area
formation of business units that are referred to in Art. 14.
less than the minimum area referred to
in Art. 14.
Art. 30 (4): Art. 30 (4): Amendment to nomenclature

and article reference
Further provisions regarding the terms Further provisions regarding the
and procedures for releasing or conditions and procedures for releasing
launching as well as Business Permits or launching varieties as referred to in
are regulated in government paragraphs (1) and (2) and Business
regulations. Permits as referred to in paragraph (3)
are regulated in Government
Regulations.
(1) Plantation Business Permit as (1) Business Permit as referred to in Art.

referred to in Art. 47 paragraphs (1) 47 paragraphs (1) provided by: …
provided by: …
(2) In the event that the plantation (2) In the event that the Plantation
business land is in an inter-provincial Business land is located, in an inter-
area, the license is granted by the provincial area, the Central Government
central government. shall issue Business Permits.
(3) Plantation companies that have (3) Plantation companies that have
obtained Business Permits are required obtained Business Permits are required
to periodically submit reports on their to submit regular business progress
business development at least once a reports at least once a year to the
year to the license issuer as referred to Business Permits provider as referred to
in paragraph (1) or paragraph (2). in paragraph (1) or paragraph (2).
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Art. 60 paragraph 2 letter c: Art. 60 paragraph 2 letter c: Simplification of nomenclature
Revocation of plantation Business Revocation of Business Licensing.

Licensing.
Art. 75 (2): Art. 75 (2): Adds the term “criteria”.
Further provisions regarding the types, Further provisions regarding the criteria,
amounts of fines, and procedures for types, amounts of fines, and procedures
imposing administrative sanctions as for imposing administrative sanctions as
referred to in paragraph (1) are referred to in paragraph (1) are
regulated in a Regulation of the regulated in a Regulation of the

development as referred to in development of Plantation Business as
paragraph (1) are regulated in a referred to in paragraph (1) and
Government Regulation. paragraph (2) are regulated in a
Government Regulation.
Further provisions regarding technical Further provisions regarding technical

development and assessment of development and assessment of
plantation businesses are regulated in Plantation Business as referred to in
government regulations. paragraphs (1) and paragraphs (2) are

requirements and procedures for requirements and procedures for
supervision are regulated in supervision as referred to in paragraph
government regulations. (1) and paragraph (2) are regulated in a
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Not Amended Art. 106: Previously, Art. 106 of Law

39/2014 stated that any
Removed Ministers, governors and
regents/mayors who were
authorized to issue plantation
business permits but who acted
as follows:
a. Issue permits that are not

in accordance with the
designation; and/or
b. Issue permits that are not

in accordance with the terms
and conditions set under laws
and regulations;
as referred to in Art. 50 shall

be punished with a term of
imprisonment of a maximum
of 5 (five) years or a fine of
a maximum of Rp.
5,000,000,000.00 (five billion
rupiah).
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D. Protection of Plant Varieties
Law 29/2000[36]
Art. 11 (3): Art. 11 (3): Clarifies the article

reference
Further provisions regarding the Further provisions regarding the procedure
procedures for submitting PVT rights for submitting a PVT rights application as
applications are regulated by referred to in paragraph (1) and
government regulations. paragraph (2) are regulated in a
A request for a substantive inspection of A request for a substantive inspection of a

a PVT rights application must be PVP rights application must be submitted
submitted to the PVT Office in writing to the PVT Office in writing no later than
no later than 1 (one) month after the 1 (one) month after the end of the
end of the announcement period by announcement period by paying the
paying the inspection fee . substantive examination fee.
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E. Sustainable Agriculture Systems
Law 22/2019[37]
Agricultural information systems include Agricultural information systems include

collecting, processing, analyzing, storing, collecting, processing, analyzing, storing,
presenting, as well as disseminating data presenting, and disseminating data on the
on the Sustainable Agricultural Sustainable Agricultural Cultivation System.
Cultivation System.
F. Horticulture
Law 13/2010[38]
Further provisions regarding Business Further provisions regarding Business

Permits related to horticultural Licensing related to Horticultural Facilities as
facilities are regulated in Government referred to in paragraphs (2) and paragraphs
Regulations. (3) are regulated in Government Regulations.
Art. 49 (1): Art. 49 (1): Clarifies the term “central

government”.
Micro and small horticultural Micro and small Horticulture Cultivation
cultivation business units must be Business Units must be recorded by the
recorded by the Government. Central Government.
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Not Amended Art. 128: Previously, Law 13/2010

stated that any person
Every person who distributes certain who distributes certain
imported fresh horticultural products that do imported fresh
not meet the provisions as referred to in horticultural products that
Art. 88 paragraph (1) letter a, letter c, and/ do not meet the quality
or letter d shall be subject to imprisonment and/or food safety
for a maximum of 2 (two) years or a standards as referred to in
maximum fine of Rp. 2,000,000,000.00 (two Art. 88 paragraph (4) shall
billion rupiah). be punished with a term
of imprisonment of a
maximum of 2 (two) years
or a fine of a maximum of
Rp. 2,000,000,000.00 (two
billion rupiah).
G. Protection and Empowerment of Farmers
Law 19/2013[39]
Art. 15 (2): Art. 15 (2): The term domestic is no

longer stated under
The obligation to increase domestic The obligation to increase agricultural Perppu CK in relation to
agricultural production as referred to production as referred to in paragraph (1) is agricultural production.
in paragraph (1) is carried out through carried out through the Farmer Protection
the Farmer protection strategy as strategy as referred to in Art. 7 paragraphs
referred to in Art. 7 paragraphs (2). (2).
The adequacy of the Government's The adequacy of the Government's

consumption needs and/or food consumption needs and/or food reserves
reserves comes from domestic comes from domestic production and
production and imports while still imports of Agricultural Commodities while
protecting the interests of farmers. still protecting the interests of Farmers.
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H. Forestry
Law 41/1999[40]
Further provisions regarding the area of Further provisions regarding the areas of
forest area that must be maintained Forest Areas that must be maintained
include areas where nationally strategic include areas where nationally strategic
projects are regulated by government projects are regulated by Government
regulations. Regulations.
Utilization of protected forests and Utilization of Protected Forest and

production forests as referred to in Art. Production Forest as referred to in Art. 26
26 and Art. 28 social forestry activities and Art. 28 can be done through social
can be carried out . forestry activities.
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I. Prevention and Eradication of Forest Destruction
Law 18/2013[41]
Art. 1 (11): Art. 1 (11):
Business Permits related to the utilization Business Permits related to the Utilization
of forest products are Business Permits of Timber Forest Products are Business
from the Government to utilize forest Permits from the Central Government to
products in the form of timber in utilize forest products in the form of wood
production forests through harvesting or in Production Forests through harvesting
logging, enrichment, maintenance and or logging, enrichment, maintenance and
marketing activities. marketing activities.
Art. 83 (5): Not Regulated These provisions do not

feature under Law
In the event that the perpetrator does 18/2013 or Perppu CK.
not carry out the obligation to fulfill the
sanctions referred to in paragraph (4), the
perpetrator shall be subject to
imprisonment for a minimum of 5 (five)
years and a maximum of 15 (fifteen)
years and a fine.
Art. 110A (1): Art. 110A (1): The deadline for the
fulfillment of
Every person who conducts business Every person who conducts business requirements is
activities that have been established and activities that have been established and specifically set at no later
has a Business Permit in forest areas has a Business Permit in Forest Areas prior than 2 November 2023.
prior to the enactment of this Law, who to the enactment of this Law who has not
has not fulfilled the requirements in fulfilled the requirements in accordance
accordance with the provisions of laws with the provisions of laws and regulations
and regulations in the forestry sector, in the forestry sector must complete the
must complete the requirements no later requirements no later than 2 November
than 3 (three) years from the 2023.
enforcement date of this law .
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Art. 110B (1): Art. 110B (1): The date for the validity o
administrative sanctions has
been clarified
Every person who commits a violation as Every person who commits a violation as
referred to in Art. 17 paragraph (1) letter referred to in Art. 17 paragraph (1) letter b,
b, letter c, and/or letter e, and/or Art. 17 letter c, and/or letter e, and/or Art. 17
paragraph (2) letter b, letter c, and/or paragraph (2) letter b, letter c, and/or
letter e, or other activities in forest areas letter e, or other activities in Forest Areas
without having a Business Permit that without having a Business Permit that
were carried out before the enactment of were carried out before 2 November 2020
this Law are subject to administrative are subject to administrative sanctions, in
sanctions, in the form of: the form of:
J. Animal Husbandry and Animal Health
Law 18/2009[42]
Livestock Cultivation can only be carried Livestock cultivation can only be carried
out by breeders, livestock companies, as out by breeders, livestock companies and
well as certain parties for special certain parties for special purposes.
purposes.
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Art. 85: Art. 85: The amendment of the

article reference has
(1) Every person who violates the (1) Every person who violates the allowed for more
provisions referred to in Art. 9 paragraph provisions referred to in Art. 9 paragraph violations to be subject to
(1), Art. 11 paragraph (1), Art. 13 (1), Art. 11 paragraph (1), Art. 13 the impositionof
paragraph (4), Art. 15 paragraph (2), Art. paragraph (4), Art. 15 paragraph (2), Art. administrative sanctions.
18 paragraph (4), Art. 19 paragraph (1), 18 paragraph (4), Art. 19 paragraph (1),
Art. 22 paragraph (1) or paragraph (2), Art. 22 paragraph (1) or paragraph (2),
Art. 23, Art. 24 paragraph (3), Art. 25 Art. 23, Art. 24 paragraph (3), Art. 25
paragraph (1), Art. 29 paragraph (3), Art. paragraph (1), Art. 29 paragraph (3), Art.
42 paragraph (5), Art. 45 paragraph (1), 36B paragraph (2), Art. 36C paragraph
Art. 47 paragraph (2) or paragraph (3), (4), Art. 42 paragraph (5), Art. 43
Art. 50 paragraph (3), Art. 51 paragraph paragraph (4), Art. 45 paragraph (1), Art.
(2), Art. 52 paragraph (1), Art. 53 47 paragraph (2) or paragraph (3), Art.
50 paragraph (1), Art. 50 paragraph (3),
paragraph (2), Art. 58 paragraph (5), Art.
Art. 51 paragraph (2), Art. 52 paragraph
59 paragraph (1), Art. 61 paragraph (1)
(1), Art. 53 paragraph (2), Art. 55
or paragraph (2), Art. 62 paragraph (2) or
59 paragraph (1), Art. 60 paragraph (1) ,
72 paragraph (1), or Art. 80 paragraph
Art. 61 paragraph (1) or paragraph (2),
(1) will be imposed with administrative
Art. 62 paragraph (2) or paragraph (3),
sanctions.
Art. 69 paragraph (2), Art. 72 paragraph
(1), or Art. 80 paragraph (1) will be
imposed with administrative sanctions.
(2) c. revocation of Business Permit and (2) c. revocation of Business Permit and
withdrawal of veterinary drugs, feed, withdrawal of Animal Medicine, Feed,
tools and machines , or animal Livestock Equipment and Machinery,
productsfrom circulation Animal Health Equipment and
Machinery, or Animal Products from
distribution
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VIII. Pharmaceutical Healthcare and Food and Drug Standards

In terms of the government sector, the issuance of Perppu CK has affected several legal frameworks that
previously featured under UUCK. These frameworks break down as follows:
1. Law No. 5 of 1997 on Psychotropics (“Law 5/1997”);

2. Law No. 35 of 2009 on Narcotics (“Law 35/2009”);
3. Law No. 36 of 2009 on Health (“Law 36/2009”);
4. Law No. 44 of 2009 on Hospitals (“Law 44/2009”); and
5. Law No. 18 of 2012 on Foods (“Law 18/2012”).
[43]
While no changes have been made to Law 5/1997, Perppu CK has made several adjustments to the
remainder of the above-listed legal frameworks that were originally amended by UUCK. These differences
are elaborated upon in the following tables:
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A. Narcotics
Law 35/2009[44]
(2) Every export transportation of (2) Any transportation of Narcotics

Narcotics must be equipped with a Exports must be equipped with a
Narcotic export approval Narcotics Export Approval issued by
the Central Government and a valid
issued by the Central Government Narcotics import approval
and a valid document or Business document or letter in accordance
Licensing related to the with the provisions of laws and
regulations in the importing country.
import of Narcotics in accordance
with the provisions of laws and (3) Further provisions regarding the
regulations in the importing Narcotics Import Approval as
referred to in paragraph (1) and the
country.
Narcotics Export Approval as
referred to in paragraph (2) shall be
document or approval letter for the
Government.
export and import of narcotics as
referred to in paragraph (1) and
paragraph (2) shall be regulated
under a Regulation of the
Government.
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B. Health
Law 36/2009[45]
of the business licensing provisions
Further provisions regarding Further provisions regarding Business that relate to pharmaceutical
Business Licensing related to Licensing related to pharmaceuticals preparation and medical devices, as
pharmaceutical preparation and preparation and medical devices as will be addressed under a
medical devices as referred to in referred to in paragraph (1), forthcoming Regulation of the
paragraphs (1) and (2) shall be paragraph (2), and paragraph (3) Government.
regulated under a Regulation of the shall be regulated under a
Government. Regulation of the Government.
Food and beverages that do not Foods and beverages that do not
meet the standard provisions, meet the standard provisions and/
health requirements, and/or or health requirements as referred
endanger health as referred to in to in paragraph (1) and/or endanger
paragraph (1) are prohibited from Health are prohibited from being
being circulated and must be circulated, as well as must be
recalled from circulation, the recalled from circulation, the
Business Licensing is revoked, and Business Licensing is revoked, and
secured/confiscated to be destroyed secured/confiscated to be destroyed
in accordance with the provisions of in accordance with the provisions of
laws and regulations. laws and regulations.
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C. Hospitals
Law 44/2009[46]
Art. 54 (6): Art. 54 (6): Perppu CK has now mandated the

fine amounts that will be imposed
Further provisions regarding Further provisions regarding upon violating hospitals, as will be
guidance and supervision as referred guidance and supervision as referred further addressed under a
to in paragraph (1), paragraph (2), to in paragraph (1), paragraph (2), forthcoming Regulation of the
paragraph (3), and paragraph (4) as paragraph (3), and paragraph (4) as Government.
well as the criteria, types, and well as the criteria, types, amounts
procedures for the imposition of of fines and procedures for the
administrative sanctions as referred imposition of administrative
to in paragraph (5) shall be sanctions as referred to in paragraph
regulated under a Regulation of the (5) shall be regulated under a
Government. Regulation of the Government.
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D. Food
Law 18/2012[47]
Art. 72 (1): Art. 72 (1): Perppu CK has removed the

requirement to apply food
Every Person who violates the Every Person who violates the processing procedures to prevent
provision as referred to in Article 64 provision as referred to in Article 71 nutritional value decline or losses of
paragraph (1), Article 71 paragraph paragraph (1) and/or paragraph (2) raw food materials in relation to
(1), and/or paragraph (2) shall be shall be subject to administrative acts that are subject to the
subject to administrative sanction. sanction. imposition of administrative
sanctions.
Art. 88 (1): Art. 88 (1): Perppu CK has now made an

adjustment that states that fresh
Food Business Actors in the field of Food Business Actors in the field of foods that will be traded must now
Fresh Food must meet Food Safety Fresh Food must meet Food Safety comply with regular food safety and
and Fresh Food Quality standards . and Food Quality standards . quality standards.
Art. 91A: Perppu CK has introduced

administrative sanctions that will be
(1) Any Person who violates the imposed upon parties who fail to
provisions as referred to in Article meet business licensing
91 paragraph (1) shall be subject to requirements set by central or
administrative sanctions. regional governments.
(2) Administrative sanctions as

referred to in paragraph (1) are in
the form of:
a. fines;
Not Regulated b. temporary suspension of
activities, production and/or
distribution;
c. withdrawal of Food from
circulation by producers;
d. compensation; and/or
e. revocation of Business License.
(3) Further provisions on the criteria,

types, amounts of fines, andprocedures
for the imposition of administrative
sanctions shall be regulated in a
Regulation of the Government.
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Art. 134 (3): Art. 134 (3): Perppu CK now states that any
parties, whether those that fall
Business actors and/or activities Any Person who commits a under the classification of business
that committed the violation as violation as referred to in paragraph actors or not, that are operating
referred to in paragraph (2) shall be (2) shall be subject to administrative businesses and/or activities
subject to sanction as referred to in sanctions as referred to in Article associated with low- or medium-
Article 72. 65. scale levels of risk will be subject to
the relevant administrative
Art. 139 (3): Art. 139 (3): sanctions.
Business actors and/or activities (3) Any Person who commits a

that committed the violation as violation as referred to in paragraph
referred to in paragraph (2) shall be (2) shall be subject to administrative
subject to sanction as referred to in sanctions as referred to in Article 85.
Article 72.
Art. 140 (3): Art. 140 (3):
Business actors and/or activities (3) Any Person who commits a

subject to sanction as referred to in sanctions as referred to in Article
Article 89A. 94.
Art. 141 (3): Art. 141 (3):
Business actors and/or activities Any Person who commits a

subject to sanction as referred to in sanctions as referred to in Article
Article 89A paragraph (2) . 94.
Art. 142 (3): Art. 142 (3):
Business actors and/or activities Food Business Actors who commit

that committed the violation as violations as referred to in
referred to in paragraph (2) shall be paragraph (2) shall be subject to
subject to sanction as referred to in administrative sanctions as referred
Article 89A paragraph (2). to in Article 91A.
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IX. Tax and Non-Tax Charges

In terms of tax and non-tax charges, Perppu CK has amended, removed and/or stipulated new
arrangements in relation to the following frameworks:
1. Law No. 6 of 1983 on General Taxation Provisions and Procedures, which has been amended several
times, most recently, prior to the issuance of the UUCK, through the issuance of Law No. 16 of 2009
(“Law 6/1983”); and
2. Law No. 7 of 1983 on Income Tax, which has been amended several times, most recently, prior to the
issuance of the UUCK, through the issuance of Law No. 36 of 2008 (“Law 7/1983”);
3. Law No. 8 of 1983 on Value-Added Tax and Luxury Goods Sales Tax, which has been amended several
times, most recently, prior to the issuance of the UUCK, through the issuance of Law No. 42 of 2009
(“Law 8/1983”); and
4. Law No. 28 of 2009 on Regional Taxes and Regional Levies (“Law 28/2009”).
In terms of Law 28/2009, Perppu CK has removed any amendments that were previously made under
UUCK. However, it should be noted that through the issuance of Perppu CK, provisions relating to regional
taxes and retributions for the purpose of job creation have now been specifically brought into line with
[48]
Law No. 1 of 2022 on Financial Relations Between Central Government and Regional Governments.
[49]
Furthermore, while maintaining the amendments to Law 7/1983 that featured under UUCK, Perppu CK
makes several revisions to the amendments that were made to Law 6/1983 and Law 8/1983 under UUCK.
These adjustments are elaborated upon in the following tables:
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A. General Taxation Provisions and Procedures
Law 6/1983[50]
Art. 9 (2a): Art. 9 (2a): Nomenclature amendment
Tax payments or deposits as referred Tax payments or deposits as referred

to in paragraph (1), which are made to in paragraph (1), which are made
after the due date of the tax after the due date of the tax
payment and deposit, shall be payment and deposit, shall be
subject to administrative sanction in subject to administrative sanction in
the form of interest amounting to the form of interest amounting to
the monthly interest tariff the monthly interest tariff
determined by the Minister of determined by the Minister of
Finance calculated from the due Finance calculated since the due
date of the payment until the date date of the payment until the date
of the payment and shall be of the payment and shall be
imposed for a maximum of 24 imposed for a maximum of 24
(twenty-four) months, and part of a (twenty-four) months, and part of a
month shall be counted as 1 (one) month shall be counted as 1 (one)
full month full month
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Art. 19: In addition to making a

Art. 19:
nomenclature amendment, Perppu
(1) Tax payments or deposits as (1) Tax payments or deposits as CK also explicitly classifies taxpayers
referred to in paragraph (1), which referred to in paragraph (1), which
who are permitted to postpone the
are made after the due date of the are made after the due date of the
submission of Annual Tax Returns
tax payment and deposit, shall be tax payment and deposit, shall be
subject to administrative sanction in and states that for temporary
subject to administrative sanction in
the form of interest amounting to the form of interest amounting to calculations of payable tax that are
the monthly interest tariff the monthly interest tariff less than the actual amounts of
determined by the Minister of determined by the Minister of payable tax, said tax
Finance calculated from the due Finance calculated since the due underpaymentswill be subject to
date of the payment until the date date of the payment until the date
the imposition of administrative
of the payment and shall be of the payment and shall be
sanctions.
imposed for a maximum of 24 imposed for a maximum of 24
(twenty-four) months, and part of a (twenty-four) months, and part of a
month shall be counted as 1 (one) month shall be counted as 1 (one)
full month. full month.
(3) In the event that the Taxpayer is

allowed to postpone the submission
(3) In the event that the Taxpayer is
of an Annual Tax Return and the
allowed to postpone the submission
temporary calculation of payable tax
of an Annual Tax Return and the
as referred to in Article 3 paragraph
temporary calculation of payable tax
(5) is less than the actual amount of
as referred to in Article 3 paragraph
payable tax over said tax
(5) is less than the actual amount of
underpayment, Taxpayer shall be
payable tax over said tax
subject to interest amounting to the
underpayment, Taxpayer shall be
monthly interest tariff determined
subject to administrative sanction in
by the Minister of Finance which is
forms of interest amounting to the
calculated from the end of the
monthly interest tariff determined
Annual Tax Return submission
by the Minister of Finance which is
deadline as referred to in Article 3
calculated since the end of the
paragraph (3) letter b and letter c
Annual Tax Return submission
until the payment of said
deadline as referred to in Article 3
underpayment and shall be imposed
paragraph (3) letter b and letter c
for a maximum of 24 (twenty-four)
until the payment of said
months, and part of a month shall
underpayment and shall be imposed
be counted as 1 (one) full month.
for a maximum of 24 (twenty-four)
months, and part of month shall be
counted as 1 (one) full month.
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B. Value-Added Tax and Luxury Goods Sales Tax
Law 8/1983[51]
Art. 1A (2): Art. 1A (2): Perppu CK has now classified the

purchase and maintenance of motor
Not included in the definition of Not included in the definition of vehicles, sedans, jeeps, station
delivery of Taxable Goods are: delivery of Taxable Goods are: wagons, vans and
a. delivery of Taxable Goods to a a. delivery of Taxable Goods to a combis as the delivery of Taxable
broker as referred to in the broker as referred to in the Goods.
Indonesian Commercial Code; Indonesian Commercial Code;
b. delivery of Taxable Goods as b. delivery of Taxable Goods as

collateral for debts; collateral for debts;
c. delivery of Taxable Goods as c. delivery of Taxable Goods as

referred to in paragraph (1) letter f referred to in paragraph (1) letter f
in the event that Taxable Businesses in the event that Taxable Businesses
is centralizing the tax payable place; is centralizing the tax payable place;
d. delivery of Taxable Goods in the d. delivery of Taxable Goods in the

event of merger, consolidation, event of merger, consolidation,
expansion, split-off, and acquisition expansion, split-off, and acquisition
of businesses, as well as delivery of of businesses, as well as delivery of
Taxable Goods for the purpose of Taxable Goods for the purpose of
share replacement capital deposit, share replacement capital deposit,
provided that the party making the provided that the party making the
delivery and receiving the delivery delivery and receiving the delivery
are Taxable Businesses; and are Taxable Businesses; and
e. Taxable Goods in the form of e. Taxable Goods in the form of

assets which according to the assets which according to the
original purpose were not for sale original purpose were not for sale
and remain at the time the and remain at the time the
company was dissolved, and which company was dissolved, and which
the Input Tax on its acquisition the Input Tax on its acquisition
cannot be credited as referred to in cannot be credited as referred to in
Article 9 paragraph (8) letter b and Article 9 paragraph (8) letter b.
letter c.
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X. Technology, Media and Telecommunications

In terms of technology, media and telecommunications-related matters, as originally addressed under
UUCK, the newly-issued Perppu CK affects the following legal frameworks that fall within this sector:
1. Law No. 36 of 1999 on Telecommunications (“Law 36/1999”);

2. Law No. 32 of 2002 on Broadcasting (“Law 32/2002”);
3. Law No. 33 of 2009 on Film (“Law 33/2009”); and
4. Law No. 38 of 2009 on Post (“Law 38/2009”).
[52]
While no changes have been made to the framework of Law 38/2009, Perppu CK has made some
adjustments to the remainder of the above-listed legal frameworks, as previously amended by UUCK. Said
differences are elaborated upon in the following tables:
A. Telecommunications
Law 36/1999[53]
The amount of tariff for the The amount of tariff for the
organization of telecommunication organization of telecommunication
networks and/or telecommunication networks and/or the organization of
services shall be determined by telecommunication services shall be
telecommunication network and/or determined by telecommunication
telecommunication service operators network and/or telecommunication
based on the formula determined by service operators based on the
the Central Government. formula determined by the Central
Government.
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In the event that telecommunication In the event that telecommunication

network operators and/or network operators and/or
telecommunication service operators telecommunication service operators
can already provide access in certain can already provide access in certain
regions as referred to in paragraph regions as referred to in paragraph
(1), special telecommunication (1), special telecommunication
operators may continue to organize operators may continue to organize
telecommunication networks and/or telecommunication networks and/or
telecommunication services. organize telecommunication services.
Art. 32: Art. 32: Perppu CK clarifies the referred-to

devices that must fulfill relevant
(1) Every telecommunication (1) Every telecommunication technical standards in order to be
equipment and/or device equipment and/or traded within Indonesian territory.
manufactured, assembled, and telecommunication device
brought in to be traded and/or used manufactured, assembled, and
within the Republic of Indonesia brought in to be traded and/or used
must fulfill technical standards. within the Republic of Indonesia
must fulfill technical standards.
(2) Further provisions regarding (2) Further provisions regarding

technical standards for technical standards for
telecommunication equipment and/ telecommunication equipment and/
or devices as referred to in or telecommunication devices as
paragraph (1) shall be regulated referred to in paragraph (1) shall be
under a Regulation of the regulated under a Regulation of the
Further provisions regarding (9) Further provisions regarding Business

Business Licensing related to the Use of Licensing related to the Use of
radiofrequency spectrum andsatellite radiofrequency spectrum and satellite
orbit as referred to in paragraph (1), orbit as referred to in paragraph (1),
approval for the use of radiofrequency approval for the useof radiofrequency
spectrum and satellite orbit as referred to spectrum and satellite orbit as referred to
in paragraph (2), the joint use of in paragraph (2), the joint use of
radiofrequency spectrum, radiofrequency spectrum as referredto in
radiofrequency spectrum usage paragraph (5), as well radiofrequency
cooperation, and transfer of spectrum usage cooperation and transfer
radiofrequency spectrum usage as of radiofrequency spectrum usage as
referred to in paragraph (5) and referred to in paragraph (6) shall be
paragraph (6) shall be regulated regulated under a Regulation of the
Government.
Government.
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B. Broadcasting
Law 32/2002[54]
Art. 25 (1): Art. 25 (1): Perppu CK has now adjusted the

applicable broadcasting permits to
Subscription-basedBroadcasting Subscription-based Broadcasting relevant business licensing as a
Agency as referred to in Article 13 Agency as referred to in Article 13 requirement for the organization of
paragraph (2) letter d is a paragraph (2) letter d is a subscription-based broadcasting
broadcasting agency in the form of broadcasting agency in the form of services.
Indonesian incorporated entities Indonesian incorporated entities
whose business area is the whose business area is the
organization of subscription-based organization of subscription-based
broadcasting services and must first broadcasting services and must first
obtain a subscription-based obtain Business Licensing.
broadcasting organization license .
Art. 60A (2): Art. 60A (2): Perppu CK clarifies the deadline for
the migration of terrestrial television
The migration of terrestrial The migration of terrestrial television broadcasting from analog technology
television broadcasting from analog broadcasting from analog technology to digital technology.
technology to digital technology as to digital technology as referred to
referred to in paragraph (1) and the in paragraph (1) and the analog
analog switch-off shall be settled by switch-off shall be settled by no
no later than 2 (two) years after the later than 2 November 2022 .
enforcement of this Law .
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C. Film
Law 33/2009[55]
Further provisions regarding Further provisions regarding Business

Business Licensing shall be regulated Licensing related to Film Business as
under a Regulation of the referred to in paragraph (1) shall be
Government. regulated under a Regulation of the
Government.

Business Licensing related to Business Licensing related to
filmmaking shall be regulated under Filmmaking as referred to in
a Regulation of the Government. paragraph (1) shall be regulated
Government.
Art. 78: Art. 78: Perppu CK clarifies that failing to

secure business licensing in relation
(1) Violation of the provisions as (1) Violation of the provisions as to screenings that are conducted
referred to in Article 6, Article 7, referred to in Article 6, Article 7, through television broadcasts or
Article 10 paragraph (1) or Article 10 paragraph (1) or information technology networks will
paragraph (2), Article 11 paragraph paragraph (2), Article 11 paragraph not result in the imposition of
(1), Article 14 paragraph (1) or (1), Article 14 paragraph (1) , Article administrative sanctions under Law
paragraph (2) , Article 15, Article 17 15, Article 17 paragraph (1), Article 33/2009.
paragraph (1), Article 20 paragraph 20 paragraph (1), Article 21
(1), Article 21 paragraph (2), Article paragraph (2), Article 22 paragraph
22 paragraph (1) or paragraph (2), (1) or paragraph (2), Article 26
Article 26 paragraph (1), Article 27 paragraph (1), Article 27 paragraph
paragraph (1), Article 31, Article 33 (1), Article 31, Article 33 paragraph
paragraph (1), Article 39 paragraph (1), Article 39 paragraph (1), Article
(1), Article 43, or Article 57 43, and/or Article 57 paragraph (1)
paragraph (1) shall be subject to shall be subject to administrative
administrative sanctions. sanctions.
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XI. Transportation and Logistics Services

Several legal frameworks that tackle the transportation and logistics services sector that were originally
amended by UUCK have now been adjusted through the issuance of Perppu CK. These frameworks break
down as follows:
1. Law No. 23 of 2007 on Railways (“Law 23/2007”);

2. Law No. 17 of 2008 on Shipping (“Law 17/2008”);
3. Law No. 1 of 2009 on Aviation (“Law 1/2009”); and
4. Law No. 22 of 2009 on Road Traffic and Transportation (“Law 22/2009”).
The differences between the changes made to the above-listed frameworks under both UUCK and Perppu
CK are elaborated upon in the following tables:
A. Railways
Law 23/2007[56]
Business Licensing as referred to in Business Licensing as referred to in

paragraph (1) shall be granted based paragraph (1) shall be granted based
on the norms, standards, on the norms, standards,
procedures, and criteria stipulated procedures, and criteria stipulated
by the Central Government, by the Central Government,
including: including:
a. the Central Government, for the a. the Central Government, for the
operation of public railway operation of public railway
infrastructure which the route infrastructure which the route
network crosses provincial borders; network crosses provincial borders;
b. provincial government , for the b. Regional Government of the

operation of public railway province, for the operation of public
infrastructure in which the route railway infrastructure which the
network crosses regency/city borders route network crosses regency/city
within one province after obtaining borders within one province after
approval from the Central obtaining approval from the Central
Government; and Government; and
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c. regency/city government for the c. Regional Government of

operation of public railways in which regency/city for the operation of
the route network is within the public railways in which the route
regency/city after obtaining a networkis within the regency/city
recommendation from the provincial after obtaining a recommendation
government and approval from the from the provincial government and
Central Government. approval from the Central
Government.
If a railway facility operator carrying If a railway facility operator carrying

out an inspection does not use out an inspection does not use
personnel who have personnel who have
qualifications of expertise and are qualifications of expertise and are

not in accordance with the not in accordance with the
stipulated procedures as referred to stipulated procedures as referred to
in in
Article 111, shall be subject to Article 111, shall be subject to

administrative sanctions administrative sanctions
Art. 196 (2-3): Art. 196 (2-3): Perppu CK clarifies which referred-to
operators will be subject to the
(2) If the action as referred to in (2) If the action as referred to in imposition of criminal sanctions.
paragraph (1) results in serious paragraph (1) results in serious
injury to a person, the operator as injury to a person, the Railroad
the perpetrator shall be sentenced Infrastructure Operators shall be
to imprisonment for a maximum of sentenced to imprisonment for a
3 (three) years. maximum of 3 (three) years.
(3) If the action as referred to in (3) If the action as referred to in

paragraph (1) results in the death of paragraph (1) results in the death of
a person, the operator as the a person, the Railroad Infrastructure
perpetrator shall be sentenced to Operators shall be sentenced to
imprisonment for a maximum of 5 imprisonment for a maximum of 5
(five) years. (five) years.
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B. Shipping
Law 17/2008[57]
Art. 9: Art. 9: Perppu CK reiterates the terms to

use when referring to regular routes
(3) Domestic sea transportation (3) Domestic sea transportation (liners) and irregular routes
activities that serve fixed and activities that serve fixed and (trampers) for ships operating within
regular routes shall be carried out regular routes (liner) shall be carried the domestic sea transportation
within the route network. out within the route network. sector.
(4) The permanent and regular route (4) The permanent and regular route
network as referred to in paragraph network (liner) as referred to in
(3) shall be determined by the paragraph (3) shall be determined
Central Government. by the Central Government.
(5) The operation of ships on non- (5) The operation of ships on non-
permanent and irregular routes as permanent and irregular routes
referred to in paragraph (2) shall be (tramper) as referred to in
carried out by the national sea paragraph (2) shall be carried out by
transportation company and must the national sea transportation
be reported to the Central company and must be reported to
Government. the Central Government.
(1) Based on the norms, standards, (1) Based on the norms, standards,
procedures, and criteria stipulated procedures, and criteria stipulated
by the Central Government, Business by the Central Government, Business
Licensing for sea transportation is Licensing for sea transportation is
granted by: granted by:
a. the regent/mayor concerned, for a. the regent/mayor concerned, for

Business Entities domiciled in the Business Entities domiciled in the
regency/city area and operating regency/city area and operating
across ports within the regency/city across ports within the regency/city
territory; territory;
b. the provincial governor b. the governor concerned, for

concerned, for Business Entities Business Entities domiciled in a
domiciled in a provincial area and provincial area and operating across
operating across ports between ports between regencies/cities
regencies/cities within the provincial within the provincial territory; or …
territory; or …
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(6) In addition to having the (6) In addition to having the

Business Licensing as referred to in Business Licensing as referred to in
paragraph (5) for ferry paragraph (5) for ferry
transportation, the operated ship is transportation, the operated ship is
obliged to fulfill the Business obliged to fulfill the Business
Licensing for ship operation approval Licensing for ship operation approval
granted by: granted by:
a. the regent/mayor concerned, for a. the regent/mayor concerned, for

ships serving cross-port within the ships serving cross-port within the
regency/city area; regency/city area;
b. the governor of the province b. the governor concerned, for ships

concerned, for ships serving cross- serving cross-port between
port between regencies/cities within regencies/cities within a province;
a province;
Apart from the Business Entities Apart from the Business Entities
which are specially established for which are specially established for
that purpose as referred to in the operation of service businesses
paragraph (1), port water related to water transportation as
transportation activities may be referred to in paragraph (1), port
carried out by the national sea water transportation activities may
transportation company. be carried out by the national sea
transportation company.
Business Entities that are specially Business Entities that are specially
established for service businesses established for the operation of
related to water transportation as service businesses related to water
referred to in Article 32 paragraph transportation as referred to in
(1), are required to fulfill Business Article 32 paragraph (1), are
Licensing from the Central required to fulfill Business Licensing
Government or Regional from the Central Government or
Government in accordance with Regional Government in accordance
their authorities based on the with their authorities based on the
norms, standards, procedures, and norms, standards, procedures, and
criteria stipulated by the Central criteria stipulated by the Central
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Every person who violates the Every person who violates the
provisions as referred to in Article 8 provisions as referred to in Article 8
(5), Article 11 paragraph (4), Article (5), Article 11 paragraph (4), Article
13 paragraph (2), Article 19 13 paragraph (2), Article 19
paragraph (2), Article 27, Article 28 paragraph (2), Article 27, Article 28
paragraph (4) or paragraph (6) , paragraph (4), Article 28 paragraph
Article 33, Article 38 paragraph (1), (6), Article 33, Article 38 paragraph
Article 41 paragraph (3), Article 42 (1), Article 41 paragraph (3), Article
paragraph (1), Article 46, Article 47, 42 paragraph (1), Article 46, Article
or Article 54 shall be subject to 47, or Article 54 shall be subject to
administrative sanctions. administrative sanctions.
Business Licensing related to sea Business Licensing related to sea

port operations shall be granted by: port operations shall be granted by:
a. the Central Government for major a. the Central Government for major
ports and collecting ports; and ports and collecting ports; and
b. governors or regents/mayors for b. governors or regents/mayors for

feeder ports; feeder ports;
in accordance with the norms, based on the norms, standards,

standards, procedures, and criteria procedures, and criteria stipulated
stipulated by the Central by the Central Government.
Government.
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(1) The construction of river and (1) The construction of river and
lake ports must comply with the lake ports must comply with the
Business Licensing from the Business Licensing from the
regent/mayor in accordance regent/mayor based on the
with the norms, standards, norms, standards, procedures, and
procedures, and criteria stipulated criteriastipulated by the Central
by the Central Government. Government.
(2) The construction and operation (2) The construction and operation
of river and lake ports carried out of river and lake ports carried out
by government agencies must obtain by government agencies must obtain
approval from the Central approval from the Central
(3) Business Licensing to operate (3) Business Licensing to operate

river and lake ports shall be granted river and lake ports shall be granted
by the regent/mayor in accordance by the regent/mayor based on the
with the norms, standards, norms, standards, procedures, and
procedures, and criteria stipulated criteria stipulated by the Central
by the Central Government. Government.
A special terminal that is no longer A special terminal that is no longer

operated in accordance with the operated in accordance with the
Business Licensing that has been Business Licensing that has been
granted, may:
granted may be handed over to the
Central Government or returned to a. be handed over to the Central
its original state or proposed for a Government;
change of status to a special
terminal to support other main b. returned to its original state; or
businesses or become a port.
c. proposed for a change of status
to a special terminal to support
other main business or become a
port.
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Art. 111: Article 111: Perppu CK has stated that the main
ports available for foreign trade
(1) Port activities to support the (1) Port activities to support the should be further determined by the
smoothness of trade that is open to smoothness of trade that is open to central government.
foreign trade shall be carried out by foreign trade shall be carried out at
major ports. major ports.
(5) Special ports and Terminals (5) Main Ports and Special Terminals
which are open to foreign trade which are open to foreign trade
shall be determined by the Central shall be determined by the Central
Art. 171 (2): Art. 171 (2): Perppu CK has removed the
differentiation of parties subject to
Government officials who violate the Removed. the imposition of administrative
provisions as referred to in Article sanctions, meaning that government
126 shall be subject to officials that have committed said
administrative sanctions in violations will now be subject to the
accordance with the provisions of same criminal sanctions as other
laws and regulations in the field of parties.
employment.
Every person who violates the Every person who violates the
provisions as referred to in Article provisions as referred to in Article
203 paragraph (1), Article 204 203 paragraph (1), Article 204
(1) or paragraph (2) , Article 214, (1), Article 213 paragraph (2) ,
Article 215, or Article 216 paragraph Article 214, Article 215, or Article
(1) shall be subject to administrative 216 paragraph (1) shall be subject to
sanctions. administrative sanctions.
Every person who transports special Every person who transports

goods and dangerous goods that do dangerous goods and special goods
not comply with the requirements that do not fulfill the requirements
as referred to in Article 46 which as referred to in Article 46 which
results in human casualties or results in human casualties or
damage to health, safety, security damage to health, safety, security
and the environment, shall be and the environment, shall be
sentenced to imprisonment for a sentenced to imprisonment for a
maximum of 3 (three) years or a maximum of 3 (three) years or a
maximum fine of Rp. 400,000,000.00 maximum fine of Rp. 400,000,000.00
(four hundred million rupiah) (four hundred million rupiah)
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C. Aviation
Law 1/2009[58]
Art. 63 (2): Art. 63 (2): Perppu CK clarifies that foreign

aircraft that are permitted by the
In certain circumstances and in a In certain circumstances and in a central government to operate in
limited time, foreign aircraft may be limited time, foreign civilian aircraft certain circumstances and periods
operated after obtaining approval may be operated after obtaining are civilian aircraft.
from the Central Government. approval from the Central
Government.
Art. 94 (2): Art. 94 (2): Perppu CK clarifies unscheduled

commercial air transportation as
Foreign unscheduled commercial air Unscheduled commercial air foreign.
transportation companies by foreign transportation activities by foreign
air transportation companies that air transportation companies that
violate the provisions as referred to violate the provisions as referred to
in paragraph (1) shall be subject to in paragraph (1) shall be subject to
administrative sanction. administrative sanction.
Art. 119 (2-4): Art. 119 (2-3): Perppu CK has now integrated
parties subject to the imposition of
(2) Holders of Business Licensing for (2) Holders of Business Licensing for administrative sanctions in relation
commercial air transportation who commercial air transportation and to any failure to comply with the
violate the provisions as referred to license holders for noncommercial mandated obligations for Holders of
in Article 118 paragraph (1) letter c air transportation activities who Business Licenses for commercial air
shall be subject to administrative violate the provisions as referred to transportation and holders of
sanction. in Article 118 paragraph shall be licenses for noncommercial air
subject to administrative sanction transportation activities.
(3) Holders of Business Licensing for (3) Further provisions regarding

commercial air transportation and criteria, types, amount of fine, and
license holders for noncommercial procedures for the imposition of
air transportation activities who administrative sanction as referred
violate the provisions as referred to to in paragraph (2) shall be
in Article 118 paragraph shall be regulated under a Regulation of the
subject to administrative sanction. Government.
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criteria, types, amount of fine, and
procedures for the imposition of
administrative sanction as referred
to in paragraph (2) and paragraph
(3) shall be regulated under a
The owner, aircraft cargo expedition The owner, aircraft cargo expedition
agent, or shipper , airport business agent, shipper, airport business
entities, airport management units, entities, airport management units,
warehousing business entities, or warehousing business entities, or
commercial air transportation commercial air transportation
business entities who violate business entities who violate
provisions for the transportation of provisions for the transportation of
dangerous goods as referred to in dangerous goods as referred to in
paragraph (1) and paragraph (2) paragraph (1) and paragraph (2)
shall be subject to administrative shall be subject to administrative
sanction. sanction.
Art. 409: This provision has not been

amended by UUCK, while Perppu CK
Any Person other than those has only repositioned the original
specified in Article 47 who performs Art. 409 addressed under Law
maintenance on Aircraft, Aircraft 1/2009 by eliminating the
[59]
Not Amended engines, Aircraft propellers and their
paragraphs on said article.
components shall be sentenced to
imprisonment for a maximum of 1
(one) year or a maximum fine of Rp.
200,000,000.00 (two hundred million
rupiah).
Art. 414: While this provision has not been

amended by UUCK, the original Art.
Any Person who operates Foreign 414 addressed under Law 1/2009
Civil Aircraft in the territory of the has explicitly stipulated that
Unitary State of the Republic of approvals for the operation of
Not Amended Indonesia without approval from the Foreign Civil Aircraft within
Central Government as referred to Indonesian territory will be granted
[60]
in Article 63 paragraph (2) shall be
by the Minister of Transportation.
sentenced to imprisonment for a
maximum of 5 (five) years or a
maximum fine of Rp.
2,000,000,000.00 (two billion
rupiah)
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Any Person who engages in 416, as addressed under Law
domestic Commercial Air 1/2009, utilized the term
Transportation activities without a “commercial air transportation
Business License from the Central business license” instead of
Not Amended [61]
Government as referred to in Article
“business licensing”.
84 shall be sentenced to
(one) year or a maximum fine of Rp.
500,000,000.00 (five hundred million
rupiah).

Any Person who builds a Special 426 addressed under Law 1/2009
Airport without approval from the explicitly stipulated that the
Central Government as referred to approvals for the construction of
Not Amended in Article 247 paragraph (1) shall be special airports should be granted
[62]
sentenced to imprisonment for a
by the Minister of Transportation.
maximum of 3 (three) years and a
maximum fine of Rp.
1,000,000,000.00 (one billion
rupiah).

Any Person who operates Special 427 addressed under Law 1/2009
Airports by serving direct Flights explicitly stipulated that approvals
from and/or to foreign countries for the operation of special airports
without approval from the Central should be granted by the Minister of
Not Amended [63]
Government as referred to in Article
Transportation.
249, shall be sentenced to
(three) years or a maximum fine of
Rp. 3,000,000,000.00 (three billion
rupiah).
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D. Road Traffic and Transportation
Law 22/2009[64]
The terminal work environment is The terminal work environment is

an area designated for Terminal an area designated for the sake of
facilities. Terminal facilities.
Further provisions regarding Parking Further provisions regarding Parking

facility Service Users, Business facility Service Users, Business
Licensing, requirements, and Licensing, requirements, and
procedures for the organization of procedures for the organization of
public Parking and facilities shall be public Parking facilities as referred
regulated under a Regulation of the to in paragraph (1), paragraph (2),
Government. and paragraph (3) shall be regulated
Government.
The physical inspection and the test The physical inspection and the test
of Motorized Vehicles as referred to of Motorized Vehicles as referred to
in paragraph (2) letter a shall be in paragraph (2) letter a shall be
carried out by: carried out by:
a. regency/city government test a. Regional Government of regency/

implementing unit in accordance city test implementing unit in
with the norms, standards, accordance with the norms,
procedures, and criteria stipulated standards, procedures, and criteria
by the Central Government; stipulated by the Central
Government;

requirements and procedures for the requirements and procedures for the
operation of general repair shops operation of general repair shops as
shall be regulated under a referred to in paragraph (3), paragraph
Regulation of the Government (4), and paragraph (5)shall be regulated
under a Regulation of the Government
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(1) Every plan for the construction (1) Every plan for the construction
of activity centers, settlements and of activity centers, settlements and
infrastructure that will disrupt the infrastructure that will disrupt the
Security, Safety, Order and Security of Traffic and Road
Smoothness of Traffic and Road Transportation, Safety of Traffic and
Transportation, must undergo a Road Transportation, Order of
Traffic impact analysis which is Traffic and Road Transportation and
integrated with environmental Smoothness of Traffic and Road
impact analysis or environmental Transportation, must undergo a
management efforts and Traffic impact analysis which is
environmental monitoring efforts in integrated with Amdal or
accordance with the provisions of environmental management efforts
laws and regulations regarding the and environmental monitoring
environment. efforts in accordance with the
provisions of laws and regulations
(2) Further provisions regarding the regarding the environment.
environmental impact analysis or
environmental management efforts (2) Further provisions regarding the
and environmental monitoring Amdal or environmental
efforts which have included the management efforts and
traffic impact analysis as referred to environmental monitoring efforts
in paragraph (1) shall be regulated which have included the traffic
under a Regulation of the impact analysis as referred to in
Government. paragraph (1) shall be regulated
Government.
(Motorized vehicles carrying special Motorized vehicles carrying special

goods are required to: goods are required to:
a. meet the safety requirements a. meet the safety requirements

according to the nature and shape according to the nature and shape
of the goods being transported; of the goods being transported;
b. have a certain mark in b. have a certain mark in

accordance with the goods being accordance with the goods being
transported; transported;
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c. park the Vehicle at the designated c. park the Vehicle at the designated
place; place;
d. unload and load goods at the d. unload and load goods at the
designated place and by using tools designated place and by using tools
in accordance with the nature and in accordance with the nature and
shape of the goods being shape of the goods being
transported; and transported; and
e. operate at a time that does not e. operate at a time that does not
interfere with the Security, Safety, interfere with the Security of Traffic
Smoothness and Order of Traffic and Road Transportation, Safety of
and Road Transportation; Traffic and Road Transportation,
Order of Traffic and Road
Transportation and Smoothness of
Traffic and Road Transportation ;
Provisions regarding multimodal Provisions regarding multimodal

transportation, requirements, and transportation as referred to in
procedures for obtaining Business paragraph (1) and paragraph (2) ,
Licensing as referred to in paragraph and provisions on requirements, and
(1) shall be regulated under a procedures for obtaining Business
Regulation of the Government. Licensing as referred to in paragraph
(3) shall be regulated under a
Business Licensing related to the Business Licensing as referred to in

operation of non-route Article 173 paragraph (1) related to
transportation of people as referred the operation of non-route
to in Article 173 paragraph (1) shall transportation of people shall be
be granted by: … granted by: …
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of motorized vehicle engineering
Engineering design of Motorized Engineering design and design, which now also includes the
Vehicles as referred to in Article 219 maintenance of Motorized Vehicles maintenance of said motorized
paragraph (1) letter a and as referred to in Article 219 vehicles.
development of research and design paragraph (1) letter a and
of Motorized Vehicles as referred to development of research and design
in paragraph (2) letter a shall be of Motorized Vehicles as referred to
carried out by: … in Article 219 paragraph (2) letter a
shall be carried out by: …
Art. 302: While UUCK has not amended this

provision, the original Art. 302
Any person who drives a Public stated that criminal sanctions would
Motorized Vehicle for public be imposed upon any persons who
transportation that does not stop drive Public Motorized Vehicles that
other than at the designated place, stop, drive off, allow passengers to
drives off, allows passengers to disembark or pass through road
disembark at places other than at networks other than those
Not Amended stopping points, or passes through determined under the relevant route
[65]
the road network other than the
permits (izin trayek).
route that has been approved in
the Business Licensing as referred to
in Article 126 will be subject to
(one) month or a maximum fine of
Rp. 250,000.00 (two hundred and
fifty thousand rupiah).
Art. 305: While UUCK has not amended this

provision, Perppu CK has only
Any person who drives a Motor introduced a number of minor
Vehicle that transports special goods nomenclature amendments in
that does not meet the provisions [66]
relation to the original Art. 305.
on safety requirements, marking of
goods, parking, loading and
Not Amended unloading, or operating time as
referred to in Article 162 paragraph
(1) letter a, letter b, letter c, letter
d, or letter e, shall be subject to
(two) months or a maximum fine of
Rp. 500,000.00 (five hundred
thousand rupiah).
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XII. Miscellaneous
In addition to the sectors elaborated upon above, Perppu CK also amends provisions that cover other
sectors that were previously amended or introduced under UUCK. This final section offers a breakdown of
these sectors.
A. Tourism
Among the various sectors that were previously affected by the issuance of UUCK, various provisions on
tourism, as set forth under Law No. 10 of 2009 on Tourism (“ Law 10/2009 ”), have now also been
amended by Perppu CK. In this regard, the following table provides a comparison between Law 10/2009,
as addressed by UUCK and Perppu CK:
Law 10/2009[67]
Art. 26 (1): Art. 26 (1): Perppu CK clarifies that business

actors operating within the tourism
n. fulfill the Business Licensing from n. fulfill the Business Licensing from sector must also comply with
the Central Government. the Central Government or Regional business licensing requirements and
Governments. provisions as determined by the
relevant regional governments.
B. Religious Affairs
Within the religious affairs sector, the issuance of Perppu CK has now amended Law No. 8 of 2019 on the
Organization of the Hajj and Pilgrimages (“ Law 8/2019 ”), which was previously amended by UUCK.
However, in comparison with UUCK, Perppu CK has made no changes in terms of provisions that are set
[68]
forth under Law 8/2019.
C. Defense and Security
Within the defense and security sector, the issuance of Perppu CK has now amended Law No. 16 of 2012
on the Defense Industry (“ Law 16/2012 ”) and Law No. 2 of 2002 on Police Force of the Republic of
Indonesia (“ Law 2/2002”), which were previously amended by UUCK. While there is no changes made in
relation to Law 2/2002, the following table provides a comparison between Law 16/2012 as addressed
under both UUCK and Perppu CK:
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Law 16/2012[69]
Art. 11: Art. 11: Perppu CK clarifies that the central

government is the party authorized
The primary equipment industry as The primary equipment industry as to designate the primary defense
referred to in Article 10 paragraph referred to in Article 10 paragraph equipment industry.
(1) letter a is: (1) letter a is:
a. State-owned enterprises; a. State-owned enterprises;
b. Privately-owned enterprises. b. Privately-owned enterprises.
designated by the Government as designated by the Central

the lead integrator who produces Government as the lead integrator
the primary weapons system who produces the primary weapons
equipment and/or integrates all system equipment and/or integrates
primary components, components, all primary components,
and raw materials into primary components, and raw materials into
equipment. primary equipment.
Art. 69A (3): Art. 69A (3): Perppu CK has broadened the scope
of matters that will be addressed
Further provisions regarding Further provisions regarding Business under a forthcoming Regulation of
Business Licensing as referred to in Licensing as referred to in Article 38, the Government, which will include
Article 38, Article 39 and Article 56 Article 39 and Article 56, and the matters relating to worthiness
as well as approval from the Central approval from the Central certification for Defense and Security
Government as referred to in Article Government as referred to in Equipment.
55, Article 56, Article 67, Article 68, paragraph (1), as well as worthiness
and Article 69 and the Approval as certification for Defense and
referred to in paragraph (1) shall be Security Equipment as referred to in
regulated under a Regulation of the Article 39 paragraph (2) shall be
Government. regulated under a Regulation of the
Government.
D. Central Government Investments
Previously, UUCK introduced a number of provisions relating to investments that are carried out by the
central government. However, in contrast with the remainder of the provisions set out under UUCK,
provisions relating to central government investments have not replaced or repealed any existing legal
frameworks.
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In this regard, the issuance of Perppu CK makes a number of minor adjustments to provisions that
originally featured under UUCK, as elaborated upon in the following table:
(3) The Central Government Investment (3) The Central Government Investment
as referred to in paragraph (1) shall be as referred to in paragraph (1) shall be
implemented by: implemented by:
a. the Minister of Finance as the State a. the Minister who organizes

General Treasurer in accordance with government affairs in the field of state
provisions of laws and regulations finances as the State General Treasurer
governing Central Government in accordance with provisions of laws
investment; and/or and regulations governing Central
Government investment; and/or
b. an agency that is granted special b. an agency that is granted special

authority (sui generis) for the purpose authority (sui generis) for the purpose
of investment management, from this of investment management, from this
point onwards is referred to as an point onwards is referred to as an
Agency. Agency.
(4) The Minister of Finance as the State (4) The Minister who organizes
General Treasurer and the Agency in government affairs in the field of state
implementing the investment as finances as the State General Treasurer
referred to in paragraph (3) has the and the Agency in implementing the
authority to: … investment as referred to in paragraph
(3) has the authority to: …
The Minister of Finance , the Ministry The Minister who organizes

of Finance’s officials , and organs and government affairs in the field of state
employees of the Agency cannot be finances, officials of the Ministry that
held accountable legally for loss of organizes government affairs in the
investment if they can prove that: field of state finances , and organs and
employees of the Agency cannot be
held accountable legally for loss of
investment if they can prove that:
a.
a. the loss is not due to their mistakes

or negligence;
b. have implemented management in
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a. the loss is not due to their mistakes a. the loss is not due to their mistakes
or negligence; or negligence;
b. have implemented management in b. have implemented management in

good faith and prudently in good faith and prudently in
accordancewith purposes and accordancewith purposes and
objectives of investment and objectives of investment and
governance; governance;
c. have no conflict of interest, both c. have no conflict of interest, both directly

directly and indirectly, concerning and indirectly, concerning investment
investment management actions; and management actions; and
d. does not obtain personal gain d. does not obtain personal gain
illegally. illegally
E. Government-Related Administration
Within the government sector, the issuance of Perppu CK has affected the following legal frameworks that
previously featured under UUCK:
1. Law No. 6 of 2014 on Villages (“Law 6/2014”);

2. Law No. 23 of 2014 on Regional Government (“Law 23/2014”); and
3. Law No. 30 of 2014 on Government Administration (“Law 30/2014”).
[70]
While making no changes to the amendments that were introduced to Law 6/2014 and Law 23/2014
[71]
under UUCK, Perppu CK has made a number of minor adjustments to Law 30/2014, as previously
amended by UUCK. Such adjustments break down as follows:
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Law 30/2014
Art. 53 (5): Art. 53 (5): Perppu CK has changed the

paragraph reference while
Further provisions regarding the Further provisions regarding the maintaining the same provisions.
form of establishment of Decrees form of establishment of Decrees
and/or Actions that are considered and/or Actions that are considered
to be legally granted as referred to to be legally granted as referred to
in paragraph (3) shall be regulated in paragraph (4) shall be regulated
under a Regulation of the President. under a Regulation of the President.
F. LPI
As originally introduced under UUCK, the newly established LPI will serve as an agency invested with
[72]
special authority over investment management. Similar to provisions that address central government
investments and nationally strategic programs, provisions relating to LPI have not replaced or repealed
any existing legal frameworks.
That being said, the issuance of Perppu CK has introduced a number of minor adjustments to the LPI
provisions that originally featured under UUCK. Said adjustments break down as follows:
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For the purpose of investment For the purpose of investment

management as referred to in Article management as referred to in Article
154 paragraph (3) letter b, for the first 154 paragraph (3) letter b, for the first
time based on this Law , an Investment time based on Law No. 11 of 2022 on
Management Agency shall be Job Creation , an Investment
established. Management Agency shall be
established.
(1) The Investment Management (1) The Investment Management

Agency that is established by this law Agency that is established by Law No.
may only be dissolved with a law. 11 of 2022 on Job Creation may only
be dissolved with a law.
(2) The development of the Investment
Management Agency shall be (2) The development of the Investment
implemented by the Minister of Management Agency shall be
Finance. implemented by the Minister who
organizes government affairs in the
field of state finances .
Conclusion
The discussion above demonstrates that the issuance of Perppu CK has resulted in the adjustment of
provisions originally set out under various legal frameworks that span multiple sectors, as were originally
amended by UUCK. However, similar to the adjustments discussed in the first part of this two-part ILD, the
majority of the adjustments made by Perppu CK, as discussed herein, comprise nomenclature amendments,
as well as rearrangements of provisions and article references. Nevertheless, a number of more significant
adjustments have also been introduced under Perppu CK, including the addition of new provisions that
relate to water resources and halal product guarantees. (KS)
[1] Art. 116, Perppu CK.
[2] Art. 110, Perppu CK.
[3]
Compare Art. 120, UUCK with Art. 120, Perppu CK.
[4]
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[5] Compare Art. 118, UUCK with Art. 118, Perppu CK.
[6]
Art. 46, Law 5/1999.
[12] Compare: Art. 39, UUCK with Art. 39, Perppu CK.
[17]
Compare Arts. 78 - 79 and 86, UUCK with Arts. 78 - 79 and 86, Perppu CK.
[18]
[25]
[26] Compare Art. 103, UUCK with Art. 103, Perppu CK
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[32]
[43]
[48]
Art. 114, Perppu CK.
[49]
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[52]
[55] Compare Art. 66, UUCK with Art.66, Perppu CK
[59]
Art. 409, Law 1/2009.
[60]
Art. 414, Law 1/2009.
[61]
Art. 416, Law 1/2009.
[62]
Art. 426, Law 1/2009.
[63]
Art. 427, Law 1/2009.
[65]
Art. 302, Law 22/2009.
[66]
Art. 305, Law 22/2009.
[68]
[70]
[71]
[72]
Art. 154 (3b), UUCK.
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UUCK vs Perppu CK: Highlighting the Differences - Part II

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ISSN: 2442-3696 | pro.hukumonline.

com Edition 804 | 19 JANUARY 2023

1. Improvement of investment ecosystems and business activities, specifically in relation to:

B. Oil and Gas

I. Pharmaceutical, Healthcare and Food and Drug Standards

II. Tax and Non-Tax Charges

In addition, Perppu CK also revokes the following laws:

1. Law No. 3 of 1982 on Mandatory Registration of Companies;[1] and

A. Prohibition on Monopolistic and Unfair Business Competition Practices

UUCK Perppu CK Remarks

Art. 46: While previously UUCK had

(4) Partnership as referred to in

UUCK Perppu CK Remarks

Art. 1 (16): Art. 1 (16): Nomenclature amendment

Minister is the Minister whose Minister is the minister who

Art. 7 (7): Art. 7 (7): Nomenclature amendment

d. Companies that manage stock d. Companies that manage the stock

Art. 153A (3): Art. 153A (3): Nomenclature amendment

Further provisions regarding the Further provisions regarding the

Art. 153E (2): Art. 153E (2): Nomenclature amendment

Art. 153G (2): Art. 153G (2): Nomenclature amendment

e. bankruptcy assets of a Company e. bankruptcy assets of a Company

Art. 153H: Art. 153H: Perppu CK specifies the article

D. Micro-, Small- and Medium-Scale Enterprises

UUCK Perppu CK Remarks

Art. 6 (1): Art. 6 (1): Perppu CK has removed turnover as

Art. 88 (6): Art. 88 (6): Perppu CK clarifies the deadline for

Art. 91 (2): Art. 91 (2): Perppu CK readjusts the required

b. Business statement from

UUCK Perppu CK Remarks

Art. 63 (6): Art. 63 (6): Perppu CK clarifies which foreigners

UUCK Perppu CK Remarks

Art. 20 (2): Art. 20 (2): Nomenclature amendment

The implementation of the Patent as The implementation of the Patent as

Art. 82 (1): Art. 82 (1): Nomenclature amendment

A compulsory license is a license to A compulsory license is a license to

Art. 123: Art. 123: Nomenclature amendment

(2) The announcement as referred (2) The announcement as referred

(4) The provisions in Article 49 (4) Provisions on the submission of

A. Mineral Coal and Mining

UUCK Perppu CK Remarks

Art. 162: Art. 162: Perppu CK adds the

B. Oil and Gas

UUCK Perppu CK Remarks

Art. 1: Art. 1: Nomenclature

Art. 55: Art. 55: The sources of petroleum

UUCK Perppu CK Remarks

Art. 6 letter d: Art. 6 letter d: The authority of the

Art. 7 letter b: Art. 7 letter b: Nomenclature

Art. 11 (1): Art. 11 (1): Nomenclature

Art. 1 (7): Art. 1 (7): Nomenclature amendment

Art. 1 (9): Art. 1 (9): Nomenclature amendment

Art. 1 (12): Art. 1 (12): Nomenclature amendment

Art. 1 (17): Art. 1 (17): Nomenclature amendment

Art. 22: Art. 22: Nomenclature amendment

Art. 23: Art. 23: Nomenclature amendment

Art. 28: Art. 28: Nomenclature amendment

Art. 29 (3): Art. 29 (3): Nomenclature amendment

Art. 46 (3): Art. 46 (3): Nomenclature amendment

In conducting technical supervision as In supervising the fulfillment of technical

Art. 48 (1): Art. 48 (1): Amendment to article

a. written reprimand; a. written reprimand;