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News & Analysis

Integration of decentralised blockchain (off-chain) arbitration

14 October 2022 by Dominic Ng Ken Ming

In an era of accelerating developments in the domain of Web3, smart contracts and blockchain are concepts that are increasingly familiar. Likewise, heralds for the digitalisation of traditional and classic dispute resolution mechanisms have never been louder. To properly decipher and ensure smooth digital adoption, it is of paramount importance for practitioners, to appreciate and understand the local legislative mechanisms in order to ensure the enforceability of awards arising from such digitalised dispute resolution mechanisms. This article highlights, solely, from a Malaysian legal perspective, how decentralised arbitration platforms can potentially be integrated with existing domestic legal frameworks.

News & Analysis

The Implementation of the Presidential Regulation on Renewable Energy: The Beginning of the Transition from Coal Fired Power Plants to Renewable Energy Power Plants

09 October 2022 by Makarim & Taira S - Indonesia

President Joko Widodo has just issued Presidential Regulation No. 112 of 2022 on the Acceleration of Renewable Energy Development for the Supply of Power which came into effect on 13 September 2022. The PR on Renewable Energy introduces key major provisions which may significantly affect the electric power industry, especially with the phasing out of coal-fired power plants, and urges prioritizing the development of renewable energy power plants. These advisory highlights the key provisions.

News & Analysis

Indonesia’s Personal Data Protection Law Finally Enacted

26 September 2022 by Makarim & Taira S - Indonesia

After extensive discussions and multiple changes to the draft bill since 2016, the Indonesian House of Representatives passed the draft bill on Personal Data Protection on 20 September 2022 (“Personal Data Protection Law”). The Personal Data Protection Law will be the basis of the regulations on personal data protection and this advisory highlights the key provisions.

News & Analysis

New Financial Service Authority Regulation on Peer-to-Peer Lending

06 September 2022 by Makarim & Taira S - Indonesia

The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry. This advisory serves as a brief introduction to the regulation, in order to gauge the new regulatory framework for P2P Lending and how it differs from its predecessor, including the transition period for existing P2P Lending Providers to comply with the new requirements under this regulation.

News & Analysis

LG Energy Solution’s IPO and Listing on the Korea Exchange’s KOSPI Market

26 August 2022 by Kim & Chang - South Korea

Kim & Chang acted as counsel for LG Energy Solution in its IPO to list its shares on the Korea Exchange's KOSPI Market. LG Energy Solution is one of the global leaders in the rechargeable battery industry with production and R&D networks around the world.

News & Analysis

Update on the Terms of Domestic Non-Deliverable Forward Transactions Under Indonesian Law

18 August 2022 by Makarim & Taira S - Indonesia

Bank Indonesia recently updated its regulation on domestic non-deliverable forward (DNDF) transactions. Bank Indonesia Regulation No. 24/7/PBI/2022 on Foreign Exchange Market Transactions (“BI Reg. 24/7/2022”) replaces the previous regulation on DNDF, BI Regulation No. 20/10/PBI/2018 (as amended). BI Reg. 24/7/2022 makes some noteworthy amendments on the DNDF terms and introduces new thresholds and provisions on DNDF transactions. This Advisory covers the salient key points that banks and business actors need to note in the new BI Reg. 24/7/2022.

News & Analysis

Employment (Amendment of First Schedule) Order 2022

16 August 2022 by Shearn Delamore & Co - Sivabalah Nadarajah, Benedict Ngoh Ti Tang

On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 20221 (“2022 Order”) was gazetted and it will come into force with effect from 1 September 2022.

News & Analysis

Registered Foreign Electronic System Organizers in Indonesia. What to do next?

08 August 2022 by Makarim & Taira S - Indonesia

As many existing foreign private Electronic System Organizers (foreign ESOs) have registered with the Minister of Communication and Informatics (MOCI) to comply with MOCI Regulation No. 5 of 2020 on ESOs in the Private Sector (as amended), this Advisory covers ‘what to do next?’ so that foreign ESOs that have been registered are aware of their key obligations once they are registered with the MOCI.

News & Analysis

Sheriff’s Expenses — The Requirement to Obtain Prior Sanction of the Court or the Sheriff

04 August 2022 by Shearn Delamore & Co - Rajasingam Gothandapani, Lynnette Tan Hui Ling

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling.

News & Analysis

Update on the Registration Obligation of Private Electronic System Organizers

28 July 2022 by Makarim & Taira S - Indonesia

Under Government Regulation 71 of 2019 on the Implementation of Electronic Systems and Transactions, Electronic System Organizers (“ESO”) are required to be registered with the Ministry of Communication and Informatics (“MOCI”). In addition, under MOCI Regulation 5 of 2020 (as amended by MOCI Regulation 10 of 2021), this registration obligation must be complied with within 6 months of OSS-RBA licensing coming into effect.