Establishment & Registration Of Business
Registration Of Investment
Any Foreign Investor (PMA-Penanam Modal Asing) is obligated to register its investment through the One-door Integrated Services (PTSP-Pelayanan Terpadu Satu Pintu) of Investment in BKPM. Registration functions as the facility for checking whether the business area to be engaged in by the investor is listed in the investment negative register of not. There is no obligation for Domestic Investors (PMDN-Penanam Modal Dalam Negeri) to register unless it is necessary to do so.
The Investment registration by Foreign Investor can be performed before or after having a Notarial Deed and before or after the Company's Legal Entity is legalized by the Department of Law and Human Rights. Within a period after the Investment Registration, it has to be followed by drawing up the Company's Deed and obtaining the Company's Legal Entity Legalization.
Taxpayer Number
Having Taxpayer Number (NPWP-Nomor Pokok Wajib Pajak) is an obligation for any individual and legal entity categorized as Investor (Foreign/Domestic) serving as the identity of taxpayer for the business activities conducted. Taxpayer Number is also a requirement for drawing up the Company's deed and for obtaining other licenses. Taxpayer Number is submitted to and processed at the Tax Service Office available in every region.
Establishment Deed of Legal Entity
Investors in Indonesia, both Foreign and Domestic ones, should be legal entities-Limited Liability Companies (PT-Perseroan Terbatas). The Legal Entity Deed may be processed and issued by a Notary Public, but such deed should be legalized by the Ministry of Law and Human Rights.
Legalization of Legal Entity
The legalization of business legal entity is undertaken to make the PT legal entity status that has been obtained from a Notary Public legally enforceable as a business legal entity for investment in the territory of the Republic of Indonesia. The legalization of business legal entity is conducted by using the online system for Legal Entity Administration at the Ministry of Law and Human Rights.
Facility Obtained
Investment Principle License
Registered Foreign Investor or Domestic investor willing to obtain facility in the framework of investment is obligated to have a Principle License. The available investment facilities are exemption from machinery import duty, goods and material/substance import duty, VAT, and reduction of Income Tax. The Principle License can be obtained through the One-Door Integrated Services of Investment at BKPM. For Domestic Investors, by obtaining the principle license, the facilities that can be obtained are exemption from machinery import duty, goods and materials import duty, VAT, and reduction of Income Tax.
Importer-Producer Identity Number/General Identity Number
API is the identity of the investors for performing import and obtaining the import facility on the course of investment. The Importer-Producer Identity Number (API-P or Angka Pengenal Importir-Produsen) is allotted for the import of capital goods and goods and materials that are not for re-selling (not for trading). The General Importer Identity Number (API-U or Angka Pengenal Importir-Umum) is allotted for the import of capital goods and goods and materials that are for re-selling (trading area).
Employment Of Foreign Workers
Plan of Foreign Workers Employment
RPTKA is a document concerning the foreign worker employment planning that Foreign and Domestic Investors should have for carrying out any investment activity requiring foreign workers. The Ministry of Manpower and Transmigration issues the RPTKA.
Recommendation of Visa for Working (TA-01)
TA-01 Recommendation is a document required for obtaining visa special facility for foreign worker employed for investment activity (Foreign and Domestic Investment) conducted. TA-01 Recommendation is submitted to and processed at the Ministry of Manpower and Transmigration.
Permit of Foreign Worker Employment
Foreign and Domestic Investors employing foreign workers for their investment activity in the territory of Indonesia should have IMTA (Izin Menggunakan Tenaga Kerja Asing) or Foreign Worker Employment Permit. IMTA is submitted to and processed at the Ministry of Manpower and Transmigration.
Construction and Environment
City Spatial Planning
Some regions oblige the investors to have the document or permit relevant to appropriateness of conducting investment activity in a location in accordance with the city spatial planning and or urban planning in the region. The regional governments issue the document through the authorized agency. The name of permit relevant to the City Spatial Planning is various among the regions. However, some regions do not oblige the possession of this document since it is considered as having been included in the land possession/utilization document.
Land Utilization Allotment Permit
Any investment activity (foreign as well as Domestic) requiring land, it is usually obligated to obtain a permit relevant to the land possession and utilization for such investment activity in the form of an IPPT (Izin Perutukan Penggunaan Tanah) or Land Utilization Allotment Permit. The Regional Governments issue such permit and the permit's name is various among the regions but having the same function-to indicate that the land becoming the investment location has already been possessed by the Investor.
Building Construction Permit
Any Investor (Foreign and Domestic) constructing building for its investment activity should have a building construction permit. The regional governments issue the building construction permit through the authorized agency or one-door integrated services in their respective regions.
Environment
Hinder Regulation
In order to assure that the investment activity does not disturb the surrounding communities, the Regional Government obliges the investors to have Hinder Regulation (HO-Hinder Ordinasi) for their investment activity (Foreign or Domestic) outside the special area. The regional governments issue the Hinder Regulation through the authorized agency or one-door integrated services in their respective regions.
Recommendation of Environment Impact Assessment (EIA)
For conducting investment activities (Foreign and Domestic) potentially giving negative impact to the environment, the investors are obligated to have a Recommendation for Environment Impact Assessment (EIA) or AMDAL (Analisis Dampak Lingkungan). The regional governments issue the EIA Recommendation through the authorized regional agency or one-door integrated services in their respective regions.
For smaller-scale investment activity, the environment permit is in the form of Recommendation of UKL/UPL (Upaya Kelola/Pemantauan Lingkungan) or Environment Management/Monitoring Effort).
Underground Water Suction/Utilization Permit
IPABT (Izin Pengambilan/Pemanfaatan Air Bawah Tanah) or the Underground Water Suction/Utilization Permit is required for all foreign as well as domestic investments that the operational activities use underground water sucked by using artesian well or drilled well. The submission of underground suction permit is addressed to SKPD authorized by the Head of Region.
Business Area Establishment
Business License
To be able to conduct business production/operational activity, Foreign Investors are obligated to have a Business License. The request for obtaining a Business License can be submitted to and processed by using the One-Door Integrated Services in BKPM.
Business Domicile License.
The Business Domicile License should be possessed for performing the foreign or domestic investment activity and business activity since it serves as the business legality evidence. SITU is also one of the requirements for obtaining permits/licenses for conducting business operational activities.
Company's Registration Evidence
Any investor who has had the principle approval and will commence the investment activity in a region is obligated to have a TDP (Tanda Daftar Perusahaan) or Company's Registration Evidence. TDP can be processed and issued by the Regional Governments by using the One-Door Integrated Services in the region or through the Head of Region.
Specific Licensing
Business establishment licensing is various among sectors. ‘Investment Step by Step’ is for knowing the step of licensing, time, and cost in establishing a business area.
