Fitch: What Investors Need to Know - Indonesia's Insolvency Regime

Written By Unknown on Selasa, 23 September 2014 | 16.48

Mon Sep 22, 2014 11:00pm EDT

(The following statement was released by the rating agency) Link to Fitch Ratings' Report: What Investors Need to Know - Indonesia's Insolvency Regime here SINGAPORE/SYDNEY, September 22 (Fitch) Indonesia has established bankruptcy laws, and although Fitch notes that there has been some positive development with respect to creditor rights, the complex enforcement process continues to present risks to investors. Indonesia enacted Bankruptcy Law in 1998 which was subsequently revised in 2004. Recently there have been numerous cases which have seen the courts play an active role in bankruptcy/suspension of payments proceedings, but the rules continue to be applied inconsistently. Until such time as the laws are more predictable and legally certain, Indonesia's insolvency laws will continue to present higher risks to fixed-income investors. Among the factors for consideration: Indonesia's legal system is a civil law system based on written statutes. Its judicial and administrative decisions do not in a formal sense constitute binding precedents, and are not systematically published. Judgments of foreign courts, including New York courts, are not enforceable in Indonesia. In addition, Indonesian courts need not apply the principle of precedent; thus creating the possibility of judicial inconsistencies and ensuing legal uncertainty. In its latest special report "What Investors Need to Know - Indonesia's Insolvency Regime," Fitch assesses various legal issues facing investors including a comparison of Indonesia and other insolvency regimes, the balance of power between debtors and creditors, the rights of secured and unsecured creditors and the key areas affecting recovery. The report is available on the Fitch Ratings web site at www.fitchratings.com or by clicking on the link above. Contact: Vicky Melbourne Senior Director +61 2 8256 0325 Buddhika Piyasena Senior Director +65 6796 7223 Media Relations: Leslie Tan, Singapore, Tel: +65 67 96 7234, Email: leslie.tan@fitchratings.com. Additional information is available on www.fitchratings.com ALL FITCH CREDIT RATINGS ARE SUBJECT TO CERTAIN LIMITATIONS AND DISCLAIMERS. PLEASE READ THESE LIMITATIONS AND DISCLAIMERS BY FOLLOWING THIS LINK: here. IN ADDITION, RATING DEFINITIONS AND THE TERMS OF USE OF SUCH RATINGS ARE AVAILABLE ON THE AGENCY'S PUBLIC WEBSITE 'WWW.FITCHRATINGS.COM'. PUBLISHED RATINGS, CRITERIA AND METHODOLOGIES ARE AVAILABLE FROM THIS SITE AT ALL TIMES. FITCH'S CODE OF CONDUCT, CONFIDENTIALITY, CONFLICTS OF INTEREST, AFFILIATE FIREWALL, COMPLIANCE AND OTHER RELEVANT POLICIES AND PROCEDURES ARE ALSO AVAILABLE FROM THE 'CODE OF CONDUCT' SECTION OF THIS SITE. FITCH MAY HAVE PROVIDED ANOTHER PERMISSIBLE SERVICE TO THE RATED ENTITY OR ITS RELATED THIRD PARTIES. DETAILS OF THIS SERVICE FOR RATINGS FOR WHICH THE LEAD ANALYST IS BASED IN AN EU-REGISTERED ENTITY CAN BE FOUND ON THE ENTITY SUMMARY PAGE FOR THIS ISSUER ON THE FITCH WEBSITE.


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