INDONESIA Law and Practice Contributed by: Chandrawati Dewi, Gustaaf Reerink and Bilal Anwari, ABNR Counsellors at Law
9. Foreign Direct Investment/ Subsidies Review
days following receipt of the appeal application. Therefore, it could now take up to 250 days to receive a decision from the Supreme Court at cassation level. The Supreme Court’s decision is final and binding and no further appeal can be made. 8.3 Ability of Third Parties to Appeal Clearance Decisions Typically, third parties have no right to appeal a KPPU opinion on merger control. Theoretically, they can challenge the KPPU opin - ion indirectly by filing an administrative lawsuit in the Administrative Court because the KPPU opinion could be deemed as an administrative decision. However, the authors have never seen this approach being tested in court.
9.1 Legislation and Filing Requirements There is a separate “filing”, which must be car - ried out by the surviving undertaking in the merger transaction, with the Ministry of Invest - ment/BKPM through the so-called Online Single Submission (OSS) system. The surviving under - taking must update/adjust its investment data and licensing to reflect the merger. The OSS would verify the updated/adjusted investment data and finally the OSS System would issue the adjusted investment data and licensing of the surviving undertaking, covering the data of both the surviving undertaking and the non-surviving (merged) undertaking. The regulation is silent on the timeframe for the merger filing with the OSS System. However, in practice, this filing should be carried out once the deed of merger and merger filing with the MoL is completed. See also 4.6 Non-Competition Issues .
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