NEW REGULATION ON CAPITAL INVESTMENT LICENSING AND FACILITIES

While Law No. 11 of 2020 (the “Omnibus Law”) amends various laws in various sectors, this advisory specifically highlights the key changes to Law No. 5 of 1999 on the Prohibition against Monopolistic Practices and Unfair Business Competition (the “Competition Law”). These changes have also been supplemented by Government Regulation No. 44 of 2021 on the Implementation of the Prohibition against Monopolistic Practices and Unfair Business Competition (“GR 44/2021”).

On 2 February 2021, the government of Indonesia issued Government Regulation No. 47 of 2021 on the Administration of the Hospital Sector (“GR 47/2021”) imposing some new and amended provisions which apply to hospitals for providing health care services. In general, provisions under GR 47/2021 regulate similar provisions under Minister of Health Regulation No. 3 of 2020 on The Classification and Licensing of Hospitals (“MOH Regulation 3/2020”) but with new obligations to accommodate improvements in health sectors by the hospitals.

This advisory discusses the recent development in the interpretation of Article 70 of the Arbitration Law by the Indonesian courts.

Over a decade has now passed since the passage of Indonesia’s Anti-Monopoly Law (“AML”) in 1999.