Best Investment & Business Structuring Lawyers in Banjarmasin

1. About Investment & Business Structuring Law in Banjarmasin, Indonesia

Investment and business structuring in Banjarmasin, Indonesia, operates under a framework designed to streamline entry, licensing, and ongoing compliance for domestic and foreign investors. The One Stop Service (OSS) system consolidates licensing processes, while the overarching laws set the permissible sectors, ownership structures, and reporting obligations. In practice, local filings are coordinated through the national OSS platform with support from the BKPM and the DPMPTSP at the city level.

Companies in Banjarmasin typically choose between a domestic PT or a PMA (foreign investment) entity, depending on ownership and sector requirements. The structure must align with the latest investment law amendments, such as those introduced by the Job Creation framework, which recalibrated licensing and integration of permits. Understanding the local implementation in Banjarmasin requires both national regulation and city level administration through DPMPTSP services.

Legal advisors in Banjarmasin focus on translating national policy into practical steps for establishing, expanding, or reorganizing businesses. They help clients navigate capital requirements, shareholder arrangements, and reporting duties within the OSS ecosystem. The result is a compliant, scalable investment framework tailored to the South Kalimantan business environment.

2. Why You May Need a Lawyer

• Establishing a PMA in Banjarmasin for a new manufacturing project - A PMA requires specific shareholding structures, capital minimums, and sector approvals. A lawyer ensures the Articles of Association, board composition, and foreign ownership limits comply with Law No. 25/2007 as amended by Law No. 11/2020 and with OSS requirements.
• Transferring shares in a running PT or PMA - Share transfers trigger notarial deeds, amendments to the company’s domicile, and potential sector approvals. An attorney coordinates the deed, updates the company data with BKPM, and ensures tax and reporting obligations stay current.
• Navigating local licensing for a Banjarmasin based project - Some permits flow through the city’s DPMPTSP while others are national. A lawyer aligns the OSS filing with local regulations and prevents gaps in approvals that could stall operations.
• Renovating or expanding a licensed activity in a regulated sector - Expansions may require new or amended licenses, risk assessments, and potential changes to the DNI status. A legal counsel maps the required steps to avoid licensing delays or penalties.
• Due diligence for land or property tied to an investment - Land rights, usage, and ownership must be verified before investment. An attorney conducts due diligence, secures necessary approvals, and ensures proper registration in line with Indonesian land law.
• Preparing ongoing compliance and reporting for a growing Banjarmasin operation - Indonesian corporate compliance involves annual reports, tax filings, and potential local reporting. A lawyer sets up a monitoring framework to meet deadlines and reduce penalties.

3. Local Laws Overview

The key legal framework guiding Investment & Business Structuring in Banjarmasin includes national investment legislation and regulations that specifically enable electronic licensing and streamlined processes. The following laws and regulations are particularly relevant for operators in Banjarmasin:

• Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal (Investment Law) - This statute governs the establishment, operation, and governance of investment activities in Indonesia. It was amended by Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (Job Creation), which modernizes licensing, introduces a risk-based approach, and expands OSS coverage. Effective changes began to take effect in 2020 and 2021 as implementing regulations rolled out.
• Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (Job Creation) - A sweeping reform aimed at simplifying permits, reducing sectors subject to closed licenses, and accelerating investment timelines. It integrates many licensing steps into the OSS framework and guides local implementation in cities like Banjarmasin. Key changes began with the 2020 enactment and progressed through subsequent implementing regulations.
• Peraturan Pemerintah Nomor 24 Tahun 2018 tentang Pelayanan Perizinan Berusaha Secara Elektronik (OSS) - Establishes the electronic, one-stop licensing platform that consolidates business permits. The OSS system is used nationwide, including in Banjarmasin, for standard licensing and business registrations. It has been updated to reflect the post-2020 Cipta Kerja changes.

For official texts and updates, see BKPM, OSS Portal, and Regulations Portal.

Source references: BKPM - Investment licensing and guidance; OSS system for integrated permits; Indonesian regulations database for the official texts

4. Frequently Asked Questions

What is the role of the OSS in investment licensing in Banjarmasin?

The OSS consolidates business licenses and permits into a single online platform. It supports most investment activities across Indonesia, including Banjarmasin. You complete registration, submit documents, and track approvals in one place. The system reduces redundant filings and speeds up processing times.

How do I start a PMA in Banjarmasin for a new manufacturing plant?

To start a PMA, you typically file through OSS for basic registration and permits, then apply for a PMA license with BKPM for foreign ownership. Ensure Articles of Association and paid-in capital meet requirements. A lawyer helps organize the corporate structure and document set.

When did the Job Creation Law take effect and what does it change?

The Job Creation Law was enacted in 2020 and began implementing changes through regulatory updates in 2020-2021. It simplifies licensing, expands the OSS framework, and rebalances sector restrictions. These changes affect how investment projects obtain approvals in Banjarmasin.

Where can I apply for local permits specific to Banjarmasin?

Local permits are issued through the citys DPMPTSP along with national OSS approvals. Your legal counsel coordinates both levels to ensure timely, compliant licensing. The local office handles site specific and administrative requirements.

Why might a local lawyer be essential for a land-related investment?

Indonesia requires clear land rights verification, project permits, and registration with relevant authorities before investment. A local lawyer conducts due diligence, negotiates terms, and ensures correct registration to avoid later disputes. This reduces risk in land-based investments in Banjarmasin.

Do I need to hire an Indonesian partner or local presence for certain activities?

Some sectors restrict foreign ownership or require local partnerships. A lawyer helps determine the appropriate structure and ensures compliance with DNI lists and licensing rules. They also assist with corporate governance aligned to Indonesian standards.

How long does it typically take to obtain an initial investment license in Banjarmasin?

Processing times vary by sector and license type, but a typical OSS-based registration with standard permits can take 2-6 weeks. Complex projects with land, environment, or sector approvals may extend to 8-12 weeks. A lawyer can help anticipate bottlenecks and manage delays.

What are the main costs to register an investment in Banjarmasin?

Costs include government filing fees, notary and legal due diligence, and potential capital requirements for PMA. Exact amounts depend on sector, license type, and whether capital is foreign or domestic. A legal advisor provides a detailed budget upfront.

What is the difference between PMA and a domestic PT in Indonesia?

A PMA is a foreign investment company that allows foreign ownership subject to sector rules. A domestic PT is owned by Indonesian nationals or residents. The PMA path requires additional licensing, capital, and reporting obligations compared to a domestic PT.

Is there a standardized timeline for company registration in Banjarmasin?

There is no single standard timeline; it depends on sector complexity and local approvals. OSS provides a baseline within weeks, but environmental or land-related steps can extend this. Early planning with a lawyer helps set realistic milestones.

Can a foreign investor operate without a local partner in Indonesia?

Some sectors allow 100 percent foreign ownership under PMA, while others require partnerships or Indonesian ownership limits. A lawyer reviews the sector rules and structures to ensure compliance. Consider alternative structures if ownership limits apply.

Should I prepare a multi-year compliance plan for my Banjarmasin investment?

Yes. A compliance plan covers tax, reporting, licensing renewals, and potential changes from implementing regulations. It helps your team anticipate obligations and reduces risk of penalties. A lawyer can tailor a plan to your business model.

5. Additional Resources

• - National agency coordinating investment licenses, approvals, and policy guidance for foreign and domestic investors. https://www.bkpm.go.id/
• - Centralized online platform for business licensing and permits across Indonesia, including Banjarmasin. https://oss.go.id/
• - Official database of laws and regulations, including the Investment Law and Job Creation amendments. https://peraturan.bpk.go.id/

6. Next Steps

1. Define your investment goals and preferred corporate form - Decide between PMA and domestic PT based on ownership, sector, and capital plans. This clarifies the licensing path and potential local requirements. Timeline: 1-2 weeks for decision and documentation prep.
2. Assess sector restrictions using the DNI and Job Creation updates - Identify permitted activities and any foreign ownership limits. This prevents future licensing obstacles. Timeline: 1-2 weeks for a preliminary assessment with your counsel.
3. Engage a Banjarmasin-based lawyer or firm with investment structuring experience - Look for track record in PMA, OSS filings, and land or licensing matters. Request recent client references and a fixed fee proposal. Timeline: 1 week to select a firm.
4. Prepare and align corporate documents - Draft Articles of Association, capitalization plan, and board composition. Ensure documents meet OSS and BKPM requirements. Timeline: 2-4 weeks depending on complexity.
5. File through OSS and initiate BKPM licensing - The lawyer coordinates the submission, ensures all documents are correct, and tracks approvals. Timeline: typically 2-6 weeks for initial licensing, longer for complex projects.
6. Complete notary deeds, register with authorities, and obtain NIB - Notary handles the deed of establishment and amendments; BKPM/OSS confirms the entity data and issues the NIB. Timeline: 1-3 weeks after approvals.
7. Establish ongoing compliance and monitoring - Set up a calendar for annual reports, tax filings, and permit renewals. The lawyer helps implement a robust governance and reporting schedule. Timeline: ongoing with quarterly reviews.