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Law Offices Syapri Chan & Partners

Law Offices Syapri Chan & Partners

Medan, Indonesia

Founded in 1995
20 people in their team
Our law office always provides professional legal services to individuals and society and always upholds legal ethics in order to uphold the...
English

About Investment Law in Medan, Indonesia

The rate of investment in Medan, Indonesia has significantly grown due to its conducive business environment and abundant resources. Investment law in Medan operates under the regulatory framework of the Indonesian Investment Coordinating Board (BKPM), which oversees both domestic and foreign investments. Investors need to be familiar with the Negative Investment List that outlines sectors which are either entirely closed or conditionally open to foreign investments.

Why You May Need a Lawyer

Navigating investment laws in an international setting such as Medan can be complex. Engaging a lawyer can be beneficial in a number of scenarios. For instance, when starting an enterprise, a lawyer familiar with the investment climate in Medan can guide you through the registration process ensuring compliance with local laws. They can also negotiate contracts and handle any potential disputes or litigations. Additionally, lawyers could help monitor developments in legislative and regulatory changes that could affect your investments.

Local Laws Overview

Key aspects of local investment laws in Medan encompass foreign ownership limitations outlined in the Negative Investment List, capital requirement regulations for foreign investments, regulatory requirements like obtaining the principle license from the BKPM before starting a business, and understanding the local aspects of Indonesia's decentralization policy that brings in the provincial and municipal governments into the investment regulation process.

Frequently Asked Questions

Can foreigners own land?

Foreign ownership of land is closely regulated in Indonesia. While foreigners are not allowed to hold land freehold, they can get a ‘Right To Build’ or ‘Right To Use’ contract.

What sectors are closed to foreign investment?

Sectors closed to foreign investments are defined in the Negative Investment List (DNI). These include certain sectors in agriculture, marine and fisheries, energy and mineral resources, forestry, and telecommunication to name a few.

What is the process for establishing an enterprise in Medan?

BKPM's Online Single Submission (OSS) system allows investors to apply for the necessary permits and licenses to start business operations in Medan, Indonesia.

Is there a minimum capital requirement for foreign direct investment?

Yes, as per BKPM regulation, the minimum capital requirement for foreign direct investment does not include land and buildings and must at least be IDR 10 billion (~700,000 USD) per business field.

Are there tax incentives for investors in Medan, Indonesia?

Indonesia, including Medan, offers various incentives to investors such as tax allowances, tax holidays, and custom and excise relief depending on the sector of investment and its alignment with the country's development goals.

Additional Resources

For additional resources, investors can visit the BKPM's website for updated regulations and procedures, including an online system for investment licensing. The Indonesian Ministry of Trade and the Indonesian Ministry of Finance also provide various resources and up-to-date information on trading and tax respectively.

Next Steps

If you require legal help in investment in Medan, consider seeking a legal consultation with a lawyer experienced in Indonesian investment law. They can provide the necessary guidance and assistance to ensure your investment processes run smoothly and are in compliance with the Indonesian law.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.