Corporate Retention Policy Template for Indonesia

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Key Requirements PROMPT example:

Corporate Retention Policy

"I need a Corporate Retention Policy for our Indonesian manufacturing company that focuses heavily on electronic records management and includes specific provisions for technical drawings and product specifications, with implementation planned for January 2025."

Document background
The Corporate Retention Policy serves as a crucial governance document for organizations operating in Indonesia, establishing standardized procedures for managing corporate records in compliance with local laws and regulations. This policy becomes essential as organizations face increasing regulatory scrutiny and data management challenges in the digital age. It addresses requirements set forth by various Indonesian regulations, including the ITE Law, Company Documents Law, and industry-specific mandates. The policy provides guidance on retention periods, storage methods, and destruction procedures for both physical and electronic documents, while ensuring compliance with Indonesian legal requirements for document preservation and data protection. It is particularly important for organizations seeking to maintain regulatory compliance while efficiently managing their document lifecycle.
Suggested Sections

1. Purpose and Scope: Defines the objective of the policy and its application across the organization, including all subsidiaries and operations in Indonesia

2. Definitions: Key terms used throughout the policy, including types of records, retention periods, and specific Indonesian legal terminology

3. Legal and Regulatory Framework: Overview of applicable Indonesian laws and regulations governing document retention

4. Roles and Responsibilities: Defines responsibilities for policy implementation, including department heads, compliance officers, and employees

5. General Retention Requirements: Basic principles and requirements for document retention, including minimum retention periods

6. Electronic Records Management: Specific requirements for electronic document storage and management under Indonesian ITE Law

7. Security and Access Controls: Procedures for protecting confidential information and controlling access to retained documents

8. Destruction Procedures: Guidelines for secure destruction of documents after retention period expiration

9. Compliance and Audit: Procedures for monitoring compliance with the policy and conducting regular audits

10. Policy Review and Updates: Process for periodic review and updating of the policy to ensure continued compliance

Optional Sections

1. Industry-Specific Requirements: Additional requirements for specific industries (e.g., financial services, healthcare) subject to special regulatory requirements

2. International Operations: Additional considerations for companies with operations outside Indonesia

3. Disaster Recovery Procedures: Specific procedures for protecting and recovering documents in case of disasters

4. Legal Hold Procedures: Procedures for implementing legal holds when litigation is anticipated or ongoing

5. Data Privacy Compliance: Specific section addressing personal data protection requirements if the organization handles significant personal data

Suggested Schedules

1. Schedule A - Retention Periods by Document Type: Detailed matrix of document types and their required retention periods under Indonesian law

2. Schedule B - Document Classification Guide: Guide for classifying documents by confidentiality level and retention requirements

3. Schedule C - Destruction Authorization Form: Template for documenting and authorizing document destruction

4. Schedule D - Departmental Responsibilities Matrix: Detailed breakdown of retention responsibilities by department

5. Schedule E - Compliance Checklist: Checklist for periodic compliance review of retention practices

6. Appendix 1 - Legal References: Detailed list of relevant Indonesian laws and regulations with specific retention requirements

7. Appendix 2 - Electronic Storage Requirements: Technical specifications for electronic storage systems as required by Indonesian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Manufacturing

Technology

Healthcare

Retail

Energy

Mining

Transportation and Logistics

Professional Services

Education

Construction

Telecommunications

Real Estate

Agriculture

Insurance

Relevant Teams

Legal

Compliance

Information Technology

Records Management

Risk Management

Human Resources

Finance

Operations

Quality Assurance

Internal Audit

Information Security

Corporate Secretariat

Administrative Services

Relevant Roles

Chief Executive Officer

Chief Compliance Officer

Legal Director

Records Manager

Information Technology Director

Department Heads

Compliance Manager

Risk Manager

Corporate Secretary

Data Protection Officer

Quality Assurance Manager

Operations Manager

Human Resources Director

Finance Director

Audit Manager

Information Security Manager

Industries
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Governs electronic documents and signatures, including requirements for storage and validity of electronic records
Government Regulation No. 71 of 2019 on Implementation of Electronic Systems and Transactions: Provides detailed requirements for electronic system operations and data storage, including minimum retention periods for electronic data and transaction records
Law No. 8 of 1997 on Company Documents: Establishes basic requirements for corporate document management and retention periods for various business records
Law No. 40 of 2007 on Limited Liability Companies: Specifies requirements for maintaining corporate records, financial statements, and other company documents
Law No. 7 of 2021 on Harmonization of Tax Regulations: Mandates retention periods for tax-related documents and records, typically requiring 10-year retention
Law No. 13 of 2003 on Employment: Stipulates requirements for maintaining employee records and related documentation
Law No. 8 of 1995 on Capital Markets: Sets requirements for document retention related to securities transactions and corporate actions for public companies
OJK Regulation No. 31/POJK.03/2019: Financial Services Authority regulation on banking transparency and documentation requirements
Law No. 43 of 2009 on Archives: Provides framework for archival management and preservation of important documents
Minister of Trade Regulation No. 77 of 2018: Specifies requirements for maintaining trade-related documents and correspondence
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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