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Minggu, 18 November 2018

Procedures and Requirements to Renew Kitas in Indonesia


Get confused about how to renew kitas in Indonesia? Figure out the procedures and requirements to renew kitas, here.


The limited stay permit card or KITAS (Kartu Izin Tinggal Terbatas) is such a crucial permit that needs to be obtained by the foreigners who reside, work, or study in Indonesia for temporary. Before KITAS reaches the expiry date, you need to renew KITAS. Here are some following requirements and the procedures to renew KITAS in Indonesia.





Requirements to Prepare
Before applying for the application to renew KITAS, you need to prepare some following requirements. The requirements are:

1.      The original passport that has the validity of at least 18 months
2.      The complete registration application form
3.      The ID cards
4.      The valid entry permit date
5.      The domicile letters
6.      Some legal letters from the government of Indonesia




For foreign workers
-          The foreign worker's utilization plan document or Rencana Penggunaan Tenaga Kerja Asing (RPTKA) from the Indonesian Ministry of Manpower
-          The letter of recommendation obtained from the related Ministry in Indonesia or the government agency
-          The letter of sponsor from the company that is signed by the director or the head of the company




For foreigners who marry Indonesian spouses
-          The certificate of the marriage registration from the Indonesian government
-          The copy of the letter of the marriage report from the Indonesian Embassy in the foreigner’s country and also the civil registration office in Indonesia that shows the marriage takes place in abroad
-          The written letter from the Indonesian spouse that confirms the officiation of the marriage and this letter has the request to obtain KITAS for the foreign spouse
-          The copy of ID card of the Indonesian spouse
-          The copy of Indonesian family card (Kartu Keluarga)




For the international students, researchers, or those who carry out the training or scientific research in Indonesia
-          The letter of recommendation from the Indonesian Ministry of Higher Education, Ministry of Research, Technology, and Higher Education, or Indonesia Science Board (LIPI)



Procedures to Renew Kitas


Some procedures should be executed if you want to renew KITAS.

1.      Prepare the limited stay permit card or KITAS and the application of the files.
2.      Have the application to renew KITAS filed by the guarantor or a foreigner and attach it with the requirements prepared.
3.      Go to the immigration office and submit all documents to the head of the immigration office whose area of the jurisdiction is in your residence area in the counter of the foreign nationals.
4.      Have the validity of your documents checked by the immigration officer. The officer will give you the receipt or the letter of the acceptance as the proof that your documents are complete. You will get the cover letter after obtaining the letter of the acceptance.  
5.      Get the approval of your KITAS renewal application from the appointed immigration officer or the head of the immigration officer.
6.      Have your biometric data collection and verification such as having your fingerprints, the photograph, and the signature taken on the KITAS renewal.
7.      Get the issuance of the KITAS renewal in more or less four working days.


Before your Indonesia KITAS is expired, you must renew your KITAS. Make sure you know and prepare all the requirements requested. You also need to pay attention to the procedures to renew KITAS in Indonesia. You can have your KITAS renewal.  


How Elson can Help you?

ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.

Contact Us:
Email: info@elson.co.id
Phone: 081932741333

Kamis, 15 November 2018

Central Bank Develop Fintech Regulatory Roadmap in Indonesia


Bank Indonesia is developing the regulatory roadmap of financial technology in Indonesia to support the fast changing in digital money system and payment disruption.



Indonesian Central Bank (BI) is developing the regulatory roadmap of financial technology (fintech) in Indonesia. The regulatory roadmap is to support the fast changing in the digital money system and thanks to fintech in Indonesia, it disrupts people behavior in managing money and how they spent it.



The update of fintech regulatory roadmap was firstly conveyed by the Director of Policy and Payment Department of Bank Indonesia, Sukarelawati Permana, in the event of Digital Economy Disruption Embracing Digital Challenges in Hotel Raffles, Jakarta, on February 2018.



Although, Sukarelawati hasn’t clearly informed what kind of fintech roadmap that has been developing by the Central Bank, she explained that the regulations that are coming out soon would be a form of risk mitigation to support the changing of money system to digital. Moreover, she explained that the Central Bank also study how to change the Indonesian currency (Rupiah) into digital and the impact of digital money to the society.



Sukarelawati also explained that BI as the Central Bank that has the authority to manage the payment system in Indonesia will always be responsive to the improvement of technology as well as economy escalations. 



Thus, has been proven previously when BI also responded to the changing of payment of cash to cards, such as credit card and debit card. BI immediately issued a policy to manage the development at that time.



Back in November 2017, the Central Bank has been issued terms and regulation in organizing Fintech in Indonesia to support the birth of various innovations and establishing the benefiting ecosystem for Indonesia economic growth. This regulation has implemented three main principles namely the consumer protection, risk management, and cautions.





Bank Indonesia Regulations No.19/12/PBI/2017

The terms and regulations that include the management, supervision, and monitoring towards the organizing of financial technology has been put in Bank Indonesia Regulations (PBI) No.19/12/PBI/2017 about The Organizing of Financial Technology on 29 November 2017.



In that regulation, the Fintech Organizer that belong to the field of payment system must register its service to Bank Indonesia. This registration obligation is excluded for Payment System Service Organizer (PJSP) that has already received permits from the Central Bank or Financial Technology Organizer that has been managing under other authority. 



However, PJSP must still convey information to the Central Bank about their product, services, technology, and their business model that should fulfill the criteria of fintech in Indonesia.





The Regulations of Governor Board Member (PADG) of Financial Technology

The Central Bank also issued the implementation rules of PBI no.19/12/PBI/2017 about The Organizing of Financial Technology into The Regulations of Governor Board Member (PADG) No. 19/14/PADG/2017 about the Limited Trial Space (Regulatory Sandbox) for Financial Technology and PADG No.19/15/PADG/2017 about The Procedure of Registration, Information Delivery, and the Monitoring of Financial Technology Organizer. The upcoming Fintech roadmap will definitively complete the previous regulations.





Financial Technology as an Economic Growth Solution

Many people believe that fintech in Indonesia is a solution to growth and escalate the Indonesian economy. Financial technology has shown us the capability in reaching vital economic sectoral in Indonesia. 




Fintech can increase the level of national fund inclusion, small-medium enterprise empowerment, as well as the empowerment of creative industry players such as musician so that they can creatively distribute their work, mass, and no boundaries.



The last one is the most important, financial technology has enabled the economic development of wide society through the opening of the bank account, payment gateway, investment, and microfinance products. Therefore, people are very enthusiastic in waiting for the new roadmap for fintech in Indonesia. 




SMART Consulting is an Indonesian Corporate Legal Services firm. SMART has assisted Clients in dealing with matters related to Investment Law, such as assist Client to establish Foreign Direct Investment Company and Representative Office. We also assist Clients regarding the Compliance and Corporate Legal Services.

Contact Us Now to get your legal solution for your business goals, and still comply with the prevailing laws and regulations.

E: info@smartcolaw.com
H: +62821-1234-1235
O: +6221-80674920

Selasa, 13 November 2018

A Clarification regarding Legal Implications of the Postnuptial Agreement


The legal implications of the postnuptial agreement are arguably essential in protecting the property after a divorce.

A postnuptial agreement known as a post-marital agreement shares similarity with a prenuptial agreement. The only difference is that this term, in essence, takes place after the marriage. It is dated and signed when the couple (including an individual with his/her spouse) has got married. 


When it comes to this agreement, two parties should uncover either the property or money to each other. The responsibilities, as well as the rights agreed upon, will determine how both of the people divide the wealth once the divorce occurs.


For the details, it is vital that you gain knowledge of the legal implications of the postnuptial agreement below:



What is Separate Property?

Some of you might not be accustomed of this name – separate property. In short, it is defined as whole items from property to asset brought into the marriage.  To maintain the separate property, meaning that you fully have on the authority of your belonging during and after the marriage; it is important to highlight the separation: which one that is possessed by you and which one belonging to your spouse must be clear enough. The role of the postnuptial agreement is to point out this kind of matter.



What is the direct impact unless you separate your property and the one owned by your spouse? The whole properties will be regarded as marital properties in the future time. When a divorce is inevitable, they should be divided equally. For instance, your inheritance from your family given during the marriage will end up as marital property unless you make any clarity on it. To keep it safe, you have to state your wealth as separate property in the postnuptial agreement.





The Maintenance Establishment with Postnuptial Agreement

Another reason you need to create a postnuptial agreement is nothing but pretty evident – that’s to establish maintenance great for both of the person and his/her spouse during the life of marriage. 


The maintenance itself is highly valuable when it comes raising the children for the betterment of upbringing. The case arises specifically when the spouse of yours have no willingness to adopt the children.  


In addition to that, a postnuptial agreement can set what sort of support you and the spouse of yours will provide during and after the event of a divorce.





How do the Legal Implications of the Postnuptial Agreement Go?

The legal implications of the postnuptial agreement will take place because of the property division involving a husband and a wife – in another case, the third party may take part. In other words, the legal binding should be enclosed to keep everything clear. 


Besides, the deeper implementation of the legal implication must in line with the time frame.
To sum up, the legal implications of the postnuptial agreement, overall, focus on how you and your spouse divide the money or property once the event of divorce can’t be avoided in the future. The legal process regarding marriage is beneficial to provide support either to two parties or children.


Source: Elson

Jumat, 09 November 2018

5 Ways on How FinTech is Shaping Financial Services Especially in Indonesia


FinTech has now become a part of our lives. It has even shaped financial services in Indonesia and brought them to the next level. Check out the details here.


These days, the technology continues to grow and trigger the development of digital business, especially e-commerce. These technological developments have an impact on the business world, including increased productivity, cost savings, business process simplification, better customer service provision, business opportunities, and new jobs.





A flash of FinTech development in the country

FinTech (financial technology) is an innovation in financial services. With the presence of FinTech, it is expected to make it easier for users to make transactions, get loans, and so forth. FinTech concept itself began to become popular in mid-2000 when the internet was used as a medium that facilitated the access of financial data in the banking world.




FinTech in Indonesia has developed in various financial affairs, such as payment, financial planning, retail investment, lending, financing, financial research, rumination, and many more. Thus, how does FinTech shape financial services in Indonesia today? The answer lies in the following 5 ways.



5 ways on how FinTech is shaping financial services especially in Indonesia

Thanks to financial technology, financial services around the world, especially in Indonesia are experiencing many innovations. Many can get the benefits, whether groups, companies, or individuals. Here are 5 ways on how FinTech is shaping financial services especially in Indonesia.



1.      FinTech allows easier bill payment

With FinTech, all financial transactions can be done easily, securely, and on time with various payment methods (internet banking, credit cards, e-money) and reminder features. You only need to use your device to access it.



2.      Online personal finance arrangements exist for FinTech

Today, there are applications like Doku that can help you control the amount of spending by splitting them into two categories: spending and savings (which can be deposited in a user's time deposit or savings account). This app is perfect for you who love online shopping.



3.      FinTech services are also available as loan providing platforms

Loans for businesses are known only to be obtained through banks and have to go through a complicated and exhausting process. Not so with FinTech. FinTech provides easy accesses for borrowers. One of them is to make loans online. That way, business owners only need to include the necessary documents online.


Moreover, lending can be assessed on various aspects, not just relying on the business credit value and the background of the business owners. That way, many loans are approved within days or even within hours!



4.      Technology that facilitates mass payment

As the extensive advertising networks and internet-based businesses widespread, many companies rely heavily on partners and affiliates. Hence, those companies require bulk payments. This can be a complicated process because their partners are generally scattered abroad, so transactions must adapt to all the rules and bureaucracies in those countries.


With FinTech, this can be done easily, without any hassle. Payments are made with guaranteed security, using the same rules as banks, even also with anti-terrorist systems.



5.      Want to donate? FinTech also simplifies the process

You are certainly familiar with apps like Kitabisa.com which is an online crowdfunding platform in the country that allows anyone to raise funds or conduct social campaigns openly. In 2016, the company raised about Rp60 billion from 3,000 social campaigns. Funds collected from fundraising are not only channeled to the needy in the country but also abroad.



In conclusion, it is proven that FinTech has now become part of our lives and simplifies almost all of our financial affairs. So, if there is an easy one, why still choose the difficult one?



SMART Consulting is an Indonesian Corporate Legal Services firm. SMART has assisted Clients in dealing with matters related to Investment Law, such as assist Client to establish Foreign Direct Investment Company and Representative Office. We also assist Clients regarding the Compliance and Corporate Legal Services.

Contact Us Now to get your legal solution for your business goals, and still comply with the prevailing laws and regulations.
E: info@smartcolaw.com
H: +62821-1234-1235
O: +6221-80674920

Rabu, 07 November 2018

Prenuptial Agreement after Marriage


Find out what the prenuptial agreement after marriage is and the reasons to consider before creating and signing it.


Based on the Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles, article 21, section 1 and article 23, section 3, the couples who have not signed the agreement are considered have the same rights regarding asset ownership. Because of that act, many couples who have the mixed-marriage need to sign a prenuptial agreement before the officiation of the marriage in Indonesia.




If you marry a foreigner, your foreign spouse does not have the right to own or purchase the property in Indonesia. You also do not have the right to purchase the property in Indonesia even though you are the citizen of Indonesia. Therefore, the prenuptial agreement before the marriage is needed to prevent the issues that may happen in the future.




Nowadays, the law in Indonesia allows the mixed marriage couple to have the prenuptial agreement after the marriage if they don’t make it yet. This agreement aims so that the local spouse can own the properties in Indonesia legally. Here are the things that you need to know about the prenuptial agreement after marriage.





What is the Prenuptial Agreement after Marriage?


Prenuptial agreement after marriage can be called as the post-nuptial agreement. The mixed marriage couple can draft or create the contents of the agreement after marriage for certain purposes such as the separation of the properties, contemplation of separation or divorce, and in need of the protection toward the properties that the couple have.




Reasons to Consider a Prenuptial Agreement after Marriage


Despite the pros and cons of having the prenuptial agreement before or after marriage, you still can manage to create this agreement. Here are some reasons you can take into consideration before signing this agreement after marriage.




1.      Separating your and your spouse’s property ownership

You can separate yours and your spouse's property ownership in the marriage especially when you or your spouse have the children in the previous marriage and have a lot of assets to the partnership and a retirement account. 

The contents of the agreement should cover the properties you acquire during the marriage before you and your spouse sign the agreement. You are not allowed to claim the properties that do not belong to you.


2.      Being able to purchase the properties legally

By signing the prenuptial agreement after marriage, you can purchase the properties in Indonesia, and those properties will be owned by you legally. The foreign spouse shall transfer her/his right in the property ownership to his/her Indonesian spouse.


3.      Having the authority to conduct any property transaction

You and your spouse have the authority to conduct any property transaction, without any mutual consent. If your spouse is about to start a business, you cannot claim his or her business. In contrast, you also don’t have any obligation to interfere with the running of your spouse’s business and pay his or her debt when there is separation or death.




4.      Having the consent of the children custody

One of the purposes of signing a prenuptial agreement after marriage is you can create an agreement over the custody of the children if your marriage is ending in divorce. You can also put the rights, and the obligations of you and your spouse shall do to your children after the divorce in the content of the agreement.



If you plan to sign on the prenuptial agreement after marriage, you need to consider the consequences. Before conducting this agreement, make sure you and your spouse have the mutual understanding about the contents. 



How Elson can Help you?
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.

Contact Us:
Email: info@elson.co.id
Phone: 081932741333