In Indonesia’s evolving economic landscape, the presence of cartels poses significant challenges to fair competition and consumer welfare. This newsletter delves into the nature of cartels, their characteristics, types, and their far-reaching impacts on both the economy and consumers.
Understanding Cartels
A cartel is a formal agreement between multiple producers or companies that seeks to manipulate market conditions, primarily by controlling prices or distribution, with
Back in 2005, pop-singer, Taylor Swift, signed a record deal with Big Machine Records (“Big Machine”) which resulted with Big Machine owning the rights to the master recordings to Swift’s first six studio albums, known as the master rights, and Swift owning the rights to the musical composition and the lyrics, known as the publishing rights. Nearing the expiration of their contract in November 2018, Swift decided not to renew the contract with Big Machine and
On 20 March 2024, the Constitutional Court of the Republic of Indonesia (“Constitutional Court”) issued Decision No. 24/PUU-XXII/2024 (“Decision No. 24/2024”), which has significantly altered the landscape of state administrative court procedural law in Indonesia. The court's ruling addresses the contentious issue of when and by whom a judicial review/peninjauan kembali can be requested. The decision, which centred on Article 132 paragraph (1) of Law Number
Background: The Practice of Co-Insurance in Indonesia
Co-insurance is a form of collaboration between insurance companies to share risks under a policy with a high insured value, which is often applied on the risk that cannot be covered by a single insurance company. In practice, the responsibility allocated to each participant company refers to the provisions set out in Article 278 of the Indonesian Commercial Code. The Financial Services Authority (OJK) provides limited
Background
In the maritime sector, having clear understanding of the legal aspects of ship arrest is essential for shipowners, operators, and related stakeholders if there are any conditions on maritime claims, such as (i) loss or damage caused by the operation of the vessel, (ii) loss of life or serious injury occurring either on land, on shore, in water or sea as a result of the operation of a ship, and (iii) damage to the environment, the ship, or its cargo as a result of
In Indonesia’s evolving business landscape, the legality of cessionary as one of the creditors poses significant challenges in the bankruptcy and/or suspension of payment (kepailitan dan/atau penundaan kewajiban pembayaran utang or “K-PKPU”) proceedings. This article explores the legal concept of cessie, the legal position of a cessionary as a creditor, and circumstances under which this status may be challenged.
Understanding Cessie
Cessie is the
Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem (“Language Law”) regulates Bahasa Indonesia as the official language for use in both public and private sectors, including in agreements involving Indonesian individuals or entities. Article 31 paragraph (1) of the Language Law requires that such agreements be made in Bahasa Indonesia. Additionally, as an implementing regulation of the Language Law, Presidential Regulation No. 63 of 2019, particularly
