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Published: 29 Oct 2008 07:53:26 PST

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Indonesia

Business Environment

Business practices

For further information
Advice from the Australian government
Closed hours and days
Banks: from 8 am to 2 pm, Monday to Saturday.
Public Administrations: from 8 am to 4 pm, Monday to Thursday; Friday until 11 am; Saturday from 8 am to 2 pm
Shops: from 8 am to 9 pm, Monday to Saturday; some supermarkets open on Sunday.

Public holidays

Christian New Year (Tahun baru Masehi) 1 January
Islamic New Year (Tahun baru 1429 Hijriyah) 10 January
Chinese New Year (Tahun baru Imlek) 1st day of the 1st month of the Chinese calendar
Day of silence (Hari raya nyepi, Tahun baru Saka) New Year in the Balinese calendar
Birth of the Prophet Mohammed (Maulid Nabi Muhammad SAW)  20 March
Good Friday Variable
Labor Day 1 May
Independence Day (Hari proklamasi kemerdekaan RI) 18 August
Idul Fitri (end of Ramadan) 2 October
Idul Adha (Feast of the Sacrifice) 8 December
Christmas Day (Hari Natal) 25 December
Compensation day
There is no compensation.
 

Periods when companies usually close

Ramadan Maximum 3 weeks
Christmas/New Year 1 week

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Standards

National standards organizations
National Standardization Agency (BSN)
National Accreditation Committee (KAN)
National Committee for standards in units of measure (KSNSU)
Integration in the international standards network

At the international level:

-International Electrotechnical Commission (IEC)

-International Organisation for Standardization (ISO)

-Codex Alimentarius Commission (CAC)

-International Laboratory Accreditation Cooperation (ILAC).

At the regional level:

-ASEAN Consultative Commitee for Standards and Quality (ACCSQ),

-APEC Standards and Conformance Sub Committee,

-Pacific Area Standard Congress (PASC)

-Asia Paciific Metrology Programme (APMP)

-Asia Pacific Laboratory Accreditation Cooperation (APLAC)

-Pacific Accreditation Cooperation (PAC)
Classification of standards
"SNI" is the national certification mark.
Online consultation of standards
The list of Indonesian standards is available on line on the BSN website:

http://www.bsn.or.id/sni/sni.php?gettype=SNI

Certification organizations
The list of certification organizations is available on line on the website of the National Standardization Body (BSN)

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Legal framework

Independence of justice
The judiciary is not completely independent in Indonesia. 
Equal treatment of nationals and foreigners
Foreign nationals in the country cannot expect a fair trial from the country’s judicial system.
The language of justice
The judicial language in the country is Bahasa Indonesia.
Having recourse to an interpreter
Having an interpreter is always possible.
Sources of the law and legal similarities
The main source of the law is the constitution of 1945 which has gone through a series of amendments. The country’s legal system is based on Roman-Dutch law, again modified several times. The country does not accept compulsory ICJ jurisdiction. 
Consulting national laws online
Information and database on Indonesian laws

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Intellectual Property

National organizations
The organization responsible for the protection of trademarks and patents in Indonesia is the Indonesian Patent Office (IPTEC).

Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights

Regional organizations
There are harmonization procedures within ASEAN and APEC.
International membership
Member of the WIPO
Signatory to the Paris Convention
Membership to TRIPS

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent Law No. 14 regarding Patents August 1, 2001 20 years Patent Cooperation Treaty
Trademark Law n°15 concerning trademarks 1 August 2001 10 years Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Design Law No. 31 regarding Industrial Designs December 20, 2000  
Copyright Law n°19 regarding copyright 29 July 2002 50 years Berne convention for the protection of Literary and Artistic Works
WIPO copyright treaty
WIPO performances and Phonograms treaty
Industrial Models Law n°31 regarding industrial designs 20 December 2000  

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Tax rates

Consumption taxes

Nature of the tax
Value Added Tax, Pajak pertambahan nilai (PPN).
Tax rate
10%
Reduced tax rate
- sellers of second-hand cars, travel agents, postal services (1%)
- manufacturers of cigarettes (8.4%)
- machining services (0.5%), some small and medium retailers (2%), DIY construction (4%)

 

Other consumption taxes
There is a tax on luxury goods which ranges from 10% to 75%. Luxury goods are non-vital goods such as air conditioning, television (10-20%), goods whose consumption is exclusive to more well-off people like jewelry and precious metals (30-50%), goods consumed more for their status than their usefulness, such as luxury cars (75%), harmful products such as alcoholic drinks (30-50%) and some luxurious properties.

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Corporate taxes

Tax rate
Tax rate for foreign companies
VAT applies in the same way to residents and non-residents.
Capital gains taxation
Long term capital gains are taxed as ordinary income, and losses are tax deductible.
Main allowable deductions and tax credit
Dividends received or derived from a resident company and stemming from holdings in another Indonesian limited liability company are exempt from tax if the beneficiary exercises commercial activities and holds at least 25% of the shares of the payer and if the dividends come from non-distributed profits. Generally, all legitimate expenses linked to business activities are deductible from income when income tax is calculated, but there are many exceptions. These can be deducted from tax: aid, donations and gifts received (as long as there are no commercial or work relations between the parties), inheritances, payments made by an insurance company (health, accident, life, education), premiums derived from interest on investment fund bonds (during the first 5 years after the setting up of the company), income generated by the main contractors in foreign aid projects, profits paid to a risk-capital company by an LDC doing business in Indonesia, the share of profits received by a member of a limited partnership without capital holding, affiliation, association or company.
Other corporate taxes
Income derived from resident companies and coming from foreign sources is subject to a unilateral tax credit concerning the foreign income tax paid. Income tax of 5% deductible at the end of the year, is levied on those who owe corporate tax. A tax on transfers of 5% is levied on buyers (except commercial activities).

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Individual taxes

Tax rate
Allowable deductions and tax credit
Tax deduction allowance of 1 728 000 Rp for single people and 864 000 Rp for every married person.
Fixed deduction of 648 000 Rp (maximum) or 5% of the annual income.

 

Special expatriate tax regime
There is no special tax regime for expats in Indonesia.

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Double taxation treaties

Countries with whom a double taxation treaty have been signed
List of countries with which a double taxation treaty has been signed, available on the website of the General Tax Office
Whithholding taxes
Bilateral agreement

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Sources of fiscal information

Tax Authorities
Ministry of Finance, Directorate General of taxes
Other domestic resources
Website for information and discussion about taxes

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Accounting rules

Tax year
The fiscal year begins on January 1 and ends on December 31 of the same year.
Accounting standards
Financial accounting standards (PSAKs) ou GAAP.
Accounting regulation bodies
Agency for the control of capital markets and financial institutions (Bapepam)
Indonesian Central Bank (Bank Indonesia)
Ministry of Finance, Directorate for the supervision of accountants and chartered accountants (DPAJP) 

 
National Standardization Body (BSN)

Publication
Financial statements must contain at least : a variation sheet of constant capital excluding the reserve account and balance carried forward, a cash flow sheet and the annexes.
The statements of the activity during the financial year include the balance sheet, the assets and liabilities account, the intermediate balance,  the statement of source and application of funds and an additional information statement. They are indissociable from each other.
Professional accountancy bodies
The Indonesian institute of accountants (IAI)
Indonesian chartered accountants' society (MAPPI)
The Indonesian accounting society
Certification and auditing
The chartered accountant profession in Indonesia is represented only by 400 members. They have no accurate accounting model but are inspired by the American and Dutch model.
Accounting standards correspond to a brief version of the "Inventory of Generally Accepted Accounting Principles for Business Enterprises" drafted in 1964 by Paul Grady. The Accountants Association has developed 2 types of standards: one for accounting and one for audit, with a view to harmonization with international standards.
Accounting news
Indonesia accounting news
The Indonesian accounting society

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Source: FITA

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