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In modern countries, a company is commonly categorized as either
public or privately-held, depending on whether securities are
publicly traded on the open market, into a government-owned company
or private company depending on government ownership, or a
financial company or non-financial company depending on its main
business, and so on. Of course, these categories are generally used
in Indonesia as well. A unique aspect in Indonesia is that a
well-settled legal practice mainly uses a dichotomy of company
types that is rarely popular in foreign countries: a company with
foreign direct investment (penanaman modal asing, or PMA) or
company with 100% domestic direct investment (penanaman modal dalam
negeri, or PMDN). Government plans concerning how to differently
regulate these companies frequently becomes a national issue, as it
is one of the main standards to evaluate how effectively and
willingly the Indonesian government develops its economic policies.
Laws, regulations, and actual legal practice also treat the two
types of companies differently, based on whether a company has a
foreign shareholder. Although many foreign countries are also
equipped with similar regulations over companies with foreign
direct investment, Indonesia distinctively applies this dichotomy
for much wider uses for several reasons. This book is designed to
assist students, practitioners, and researchers with clear and
comprehensive treatment of key concepts in Indonesian company law.
Significant business, economic, and policy issues are highlighted
together with a thorough analysis of the important statutory
provisions and cases used in the study of Indonesian company law.
The book includes the major theoretical approaches used in current
company law literature and statutory issues are covered under both
the 2007 Indonesian Company Act and the 2007 Indonesian Capital
Investment Act. The book will be an essential reference for
investors and businesses contemplating entering the Indonesian
Market.
In modern countries, a company is commonly categorized as either
public or privately-held, depending on whether securities are
publicly traded on the open market, into a government-owned company
or private company depending on government ownership, or a
financial company or non-financial company depending on its main
business, and so on. Of course, these categories are generally used
in Indonesia as well. A unique aspect in Indonesia is that a
well-settled legal practice mainly uses a dichotomy of company
types that is rarely popular in foreign countries: a company with
foreign direct investment (penanaman modal asing, or PMA) or
company with 100% domestic direct investment (penanaman modal dalam
negeri, or PMDN). Government plans concerning how to differently
regulate these companies frequently becomes a national issue, as it
is one of the main standards to evaluate how effectively and
willingly the Indonesian government develops its economic policies.
Laws, regulations, and actual legal practice also treat the two
types of companies differently, based on whether a company has a
foreign shareholder. Although many foreign countries are also
equipped with similar regulations over companies with foreign
direct investment, Indonesia distinctively applies this dichotomy
for much wider uses for several reasons. This book is designed to
assist students, practitioners, and researchers with clear and
comprehensive treatment of key concepts in Indonesian company law.
Significant business, economic, and policy issues are highlighted
together with a thorough analysis of the important statutory
provisions and cases used in the study of Indonesian company law.
The book includes the major theoretical approaches used in current
company law literature and statutory issues are covered under both
the 2007 Indonesian Company Act and the 2007 Indonesian Capital
Investment Act. The book will be an essential reference for
investors and businesses contemplating entering the Indonesian
Market.
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