Rules on Drones Updated: Hobbyists

Taking note of the sharp rise in the use of drones, the Indonesian government has updated the legal framework on drones with the issuance of Minister of Transportation Regulation No. PM 180 of 2015 regarding Control of Unmanned Aerial Vehicle Operations in Indonesia’s Serviced Airspace, which was recently amended by Minister of Transportation Regulation No. PM 47 of 2016 (“2016 Regulation”).

The 2016 Regulation repeals and replaces the previous drone regulation under Minister of Transportation Regulation No. PM 90 of 2015 regarding Control of Unmanned Aerial Vehicle Operations in Indonesia’s Serviced Airspace (“2015 Regulation”).

The 2016 Regulation mainly serves to update the rules on drone use after the issuance of Minister of Transportation Regulation No. PM 163 of 2015 on Civil Aviation Safety Regulations Part 107 on Small Unmanned Aircraft System (“CASR Regulation”), which sets out technical requirements that must be satisfied by drones and drone operators, as well as rules that must be complied with in any drone operation.

This article will explain the 2016 Regulation and CASR Regulation specifically for hobbyists, which means that the drone is flown strictly for recreational or hobby use (in other words not for business purposes).

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Religious-Holiday Allowance for Workers

As Eid Al-Fitr Day draws nearer, most of the Indonesian working population awaits anxiously to receive their religious-holiday allowance (tunjangan hari raya or commonly known as THR) and soon to embark on their collective homecoming tradition.

The government has also reminded[1] every state-owned and private-owned companies of their legal obligation to provide their employees with their rightful religious-holiday allowance as stipulated by the Minister of Employment (“THR Regulation”).[2]

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Indonesia to Introduce Personal Data Protection Rules in Electronic Systems

Continuing the momentum of developing Indonesia’s personal data protection, in addition to proposing the Draft Bill on Personal Data Protection (“PDP Bill”) to Indonesia’s parliamentary body,[1] the House of Representatives (“House”), the Minister of Communication and Information Technology (“MOCIT”) has drafted a regulation on personal data protection in electronic systems (“PDP Draft Regulation”).

According to recent updates, the PDP Draft Regulation’s issuance will be prioritized over the PDP Bill, which has not been included into the 2016 Priority National Legislative Program (“Legislative Program”),[2] and as such is likely to be further delayed until 2017 at the earliest. Based on confirmation from an official from the Ministry of Communication and Informatics, the PDP Draft Regulation will be enacted in June this year.

This article will elaborate the provisions set out under the PDP Draft Regulation along with any related provisions under the PDP Bill.

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Indonesia’s 2016 Priority National Legislative Program

As covered by the media earlier this year, there are a total of 40 Draft Bills included in the 2016 Priority National Legislative Program (“Program”)[1] of the House of Representatives of Indonesia (“House”). Although the House has performed poorly in reaching last year’s Program, the 2016 List covers Draft Bills that will be discussed and to be, hopefully, enacted this year by the House.

There are a number of Draft Bills that immediately catches attention, including a few of those that are proving regulars for this annual Program. These Draft Bills are:

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Indonesia’s Small Claims Court Procedure

In other jurisdictions, a small claims court system may be well established and be utilized effectively for simple and inexpensive cases claim-wise. However in Indonesia, the small claims court system was only recently established under Supreme Court Regulation No. 2 of 2015 regarding Procedures for the Resolution of Small Claims Lawsuits (“Regulation”).

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Developments Seen in Indonesia’s Privacy Law

(This article has been published on Privacy Laws & Business International Report Issue No. 139, www.privacylaws.com

Advances in modern technology with the capacity to collect, analyse and distribute information from individuals have brought about both convenience and efficiency in many sectors. However, these major developments have significantly impacted the privacy of personal information, which gave rise to issues regarding the necessity of providing legal protection for the right to be made aware of what constitutes personal data, as well as the right to be let alone.[1] As new technologies are developed, such as advances in medical research, healthcare, telecommunication, transportation and financial transactions, the need for such legal protection becomes more apparent as they dramatically increase the flow of personal information.

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Self-Retention and Reinsurance Support of Insurance Companies

Financial Services Authority Regulation No. 14/POJK.05/2015 regarding Self-Retention and Domestic Reinsurance Support (“OJK Regulation”) was issued to establish a more comprehensive framework concerning self-retention and reinsurance support of insurance companies, which will replace on 1 January 2016 the previous legal framework concerning this matter under Head of Capital Market and Financial Services Supervisory Agency Regulation No. 11/BL/2012 regarding Reinsurance Support, Self-Retention Limit, and Format and Structure of Reinsurance Program Reports (“Bapepam-LK Regulation”).

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Foreign Worker Employment Policy Falls to Criticisms

After many complaints from foreign investors due to its overly stringent rules, Minister of Manpower Regulation No. 16 of 2015 regarding Procedures for Employing Foreign Workers (“Regulation”) was recently revised through the recent issuance of Minister of Manpower Regulation No. 35 of 2015 (“Amendment”) on 23 October 2015.

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