Indonesia Legal Insights

After 3 years since the Government of Indonesia drafted the bill of E-commerce Regulation,  Indonesia has  finally  enacted Government Regulation No. 80 year 2019 on Commerce through Electronic System or E-commerce ( GR 80 ) in late November. The regulation is implemented as a  derivative of Law No. 7 year 2014 on Trade Law and a further regulation of Presidential Regulation No. 74 year 2017 on the National E-commerce Road Map.  The key area of GR 80 consists of following matters: Relevant parties in E-commerce; Requirements in conducting E-commerce; Implementation of E-commerce; Obligations of E-commerce business actor; Evidence of E-commerce transaction; Electronic advertisement; Electronic offering, acceptance and confirmation; Electronic contract; Personal data protection; Payments in E-commerce; Delivery of goods and services in E-commerce; Exchange goods/services and purchase cancellation in E-commerce; Dispute resolution in ...

The number of counterfeit goods circulated in Indonesia are still huge. Printer ink, apparel, leather goods, and software are the main products that are being counterfeited with more than 30% percentage, according to the data published by MIAP (Indonesia Anti-Counterfeiting Society) through Amcham Indonesia .  Then followed by cosmetics, pharmaceutical and lastly, food and beverages products. Broadly speaking, counterfeiters are targeting global well-known brands and unfortunately, counterfeiting activities create impacts on broad scope, which includes: Brand owner loses its brand values, reputation, profits and investment costs; Government loses tax revenue and there are risks of corruption or foul practi s e; Consumers will have health and safety risks by consuming dangerous pharmaceutical, cosmetics or foods and beverage, and misled by low quality products. To overcome the counterfeit goods is quite challenging tasks, but it is not impossible. T...