FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
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5 LIST OF CONTENT Foreword ............................................................................................................. 6 CHAPTER 01 Indonesia ........................................................................................................... 8 CHAPTER 02 Investment Opportunities .............................................................................. 14 Priority Sectors .............................................................................................. 16 Special Economic Zones ................................................................................ 18 CHAPTER 03 Investment Procedures ................................................................................... 20 Starting Business ........................................................................................... 22 Getting Licenses ........................................................................................... 27 One Stop Service Center ............................................................................... 28 Priority Service .............................................................................................. 29 Investment Incentives .................................................................................... 32 CHAPTER 04 Investment Related Aspects ........................................................................... 38 Labor ............................................................................................................ 40 Land Ownership ........................................................................................... 54 Taxation ....................................................................................................... 57 Immigration .................................................................................................. 60 Trade ............................................................................................................ 65 CHAPTER 05 Government Support ...................................................................................... 70 Related Government Agencies ...................................................................... 72 BKPM ........................................................................................................... 77 Indonesia Investment Promotion Center (IIPC) ............................................... 78 INDONESIA INVESTMENT COORDINATING BOARD
6 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT BAHLIL LAHADALIA Chairman of Indonesia Investment Coordinating Board (BKPM) INDONESIA INVESTMENT COORDINATING BOARD
7 FOREWORD Indonesia economy continues to offer investment licensing service. Second, vast potential thanks to the country’s an end-to-end service for investors, sustainable economic growth, political starting from earlier until commercial stability, large young population stage, including facilitation during the and growing middle class, as well as process of investment realization. And abundant natural resources. Investment finally, improvements of investment has a large multiplier effect in boosting climate, among others by providing economic growth, creating job more attractive incentives and facilities opportunities, and shifting the current for investors. consumption-based economy to an economy driven by production. As a part of our efforts to improve investment service, BKPM took an Therefore, as a government agency initiative to publish “Frequently Asked and primary interface between the Questions (FAQ) on Investment in government and investors, as well as Indonesia” book. This book compiles service provide assistance related to the answers for both new and existing investment, the Indonesia Investment investors regarding investment licensing Coordinating Board (Badan Koordinasi procedures, incentives, regulations, Penanaman Modal or BKPM) has a labors, and cost of doing business in role in improving investment climate Indonesia. We hope this book could and inviting “smart investment” to the serve as a guidance for investors archipelago. to have a better understanding on investing and doing business in Government of Indonesia has a strong Indonesia. reform agenda and since January 2015, several policies have been Finally, we invite you to explore the implemented. First, the One Stop opportunities Indonesia offers to your Service Centre (Pelayanan Terpadu Satu business and BKPM is ready and more Pintu) at BKPM aimed at providing a than happy to assist you to invest in faster, simpler, and more transparent Indonesia. INDONESIA INVESTMENT COORDINATING BOARD
10 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 1 What makes Indonesia the promising destination for investment? ANSWER : Indonesia is the fourth most populous reforms. Worldwide Governance country in the world with young work Indicators Survey conducted by World force and a large and growing domestic Bank indicated that Indonesia has market due to the demographic bonus, improvements in several indicators making Indonesia one of the world's such as Government Effectiveness, leading economies. Regulatory Quality, and Control of Corruption. Despite heightened global uncertainty, Indonesia’s economic outlook continues Indonesia has progressed in Ease of to be positive, with domestic demand Doing Business over the past few years, being the main driver of growth. with rank of 73 among 190 economies Supported by robust investment, stable in ease of doing business 2019. In inflation, and a strong job market, addition to that, Indonesia has leaped Indonesia’s economic growth is to the fourth place, from previously forecast to reach 5.2% in 2020. on the eight place, as a prospective investment destination 2017-2019 As the only G-20 member in Southeast based on the survey of the United Asia and an active voice to develop Nations Conference on Trade and world concerns, Indonesia plays a Development (UNCTAD). more significant role in the global stage. Standard Chartered foresees Indonesia has abundant of natural Indonesia's entry into the G-7 by resources. It also has the second 2030, and projects that the Indonesian highest biodiversity level in the world economy could become the 10th largest after Brazil. Aside from the flora and by 2020 and the 5th largest by 2030. fauna, Indonesia is a home to many ecosystems. From beaches, small Being the world’s 3rd largest islands, coral reefs, seaweed beds, flourishing democracy with the largest sand dunes, tidal flats, coastal mud, Muslim populations, Indonesia has mangroves and others make Indonesia a stable policy situation with high the most attractive place for investment commitment to implement structural especially in the tourism sector. INDONESIA INVESTMENT COORDINATING BOARD
11 QUESTION 2 How is the global perspective on investing in Indonesia? ANSWER : - Three of four US companies in Doing Business (World Bank’s 2018 Indonesia plan to expand their survey). business (AmCham’s and US - Indonesia is one of the most Chamber of Commerce’s survey, attractive investment destinations 2017). in Asia due to strong consumer - Indonesia still becomes main demand and its improvements on investment destinations in APEC investment and business climate region, together with Vietnam and (Economist Corporate Network China (PwC’s APEC CEOs survey, survey, 2017). 2017). - Indonesia’s growth (GDP) is - Indonesia is the fifth most promising estimated to remain strong among country for overseas business (Japan other countries. Its GDP is also Bank for International Cooperation’s predicted to rise to 5.4 percent in survey, 2017). 2018 and 5.5 percent in 2019 from 5.1 percent in 2017. In addition, - Indonesia becomes priority for Indonesia’s Long Term Foreign and investment country in Asia, Local Currency Issuer Default Rating following China. And also has has increased to BBB from the the highest confidence of positive previous BBB- with a stable outlook reforms (The Economist’s Asia (Fitch Ratings, 2018). Business Outlook Survey 2017). - Indonesia has a big economy and - Indonesia ranked fourth as the most business opportunities as it named prospective country for investment as Top-20 largest GDP current price, by MNEs in 2017-2019, after the worth over USD 1.015 in 2017 (IMF, US, China and India (UNCTAD 2018) and has been included in the Business Survey 2017). trillion-dollar club, countries with - Indonesia was named Top Reformer GDP more than USD 1 trillion per in Asia for reforming its Ease of year (SEASIA, 2017). INDONESIA INVESTMENT COORDINATING BOARD
12 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 3 How has the infrastructure been developed in Indonesia? ANSWER : The challenges with Indonesian allocated for infrastructure increased infrastructure have a lot to do with the more than doubled in the last five years geographical realities in the country, as and private sector’s contribution is a vast archipelago. The fiscal budget strongly encouraged and facilitated. INDONESIA INVESTMENT COORDINATING BOARD
13 The Government has issued several Pemerintah dan Badan Usaha or policies, including the provision KPBU) project’s construction cost. In of government guarantees, land addition, the government established acquisition for development projects, some financial institutions to help and viability gap fund for part of Public- finance PPP projects and increase their Private Partnerships or PPP (Kemitraan bankability. INDONESIA INVESTMENT COORDINATING BOARD
CHAPTER II Investment Opportunities
16 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT PRIORITY SECTORS QUESTION 4 What sector is recommended to invest in Indonesia? ANSWER : As of 2015, Indonesian Government priorities sectors were selected based has laid the new focus on several on the economic advantages, growth business sectors as planned in The factors and productivity aspects. The Investment Strategic Planning for sectors are as follows: the period of 2015 – 2019. These BKPM PRIORITY SECTORS 2019 - 2024 35 GW power Multimode lnfrastructure 24 Sea ports generation Transportation Agriculture Food estate Corn Plantation Cattle Salt Labor-intensive Food & Textile Furniture Footwear Lifestyle industry Beverages Import- Chemical & Defense substitution Iron & SteeI Engine Component Pharmaceutical Industry industry Industry Export-oriented CPO & Derivative Wood Products, Pulp Electronics Automotive industry Products & Paper Downstream industry of natural Cacao Sugar Smelter resources Maritime Ship Building Cold Storage Marine Technology 14 Priority 10 Tourism Tourism, SEZ & Industrial 10 Tourism SEZ 8 Existing SEZ 7 New SEZ Industrial Priority Park Parks Destination Financial IT Based Creative Digital Economy e-Commerce Technology Economy Most industries and other business investment list or DNI”. This regulation fields in Indonesia are open for attaches to the Investment Law under foreign investments unless mentioned Presidential Regulation No. 44 Year otherwise in the Investment Guidance 2016 or previously called the “negative INDONESIA INVESTMENT COORDINATING BOARD
17 QUESTION 5 Why are certain investment sectors prioritized? ANSWER : Investment together with Second, creating jobs, improving manufacturing industry and export are productivity and competitiveness. expected to be the pillars of Indonesian Investment in manufacturing economy. There are three aspects sectors is prioritized, especially labor where investments shall contribute the intensive industry, export-oriented most to the economy. and import-substitution industry, and also downstream industry of natural First, supporting sustainable economic resources. growth. We seek quality investments, that do not only see Indonesia as a Third, promoting equal development market, but also as a production base. distribution. We encourage more Investments that add value to our investments realized outside Java natural resources, contribute to our Island, the most populated island in export and substitute our import. We Indonesia. We offer more incentives also seek responsible investments that especially to investments located in considering enironmental and social eastern part of Indonesia, such as Nusa factors to embrace long term benefit. Tenggara, Maluku, and Papua. INDONESIA INVESTMENT COORDINATING BOARD
18 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT SPECIAL ECONOMIC ZONES QUESTION 6 How is the development of Special Economic Zones (SEZ) in Indonesia? ANSWER : Currently, there are 15 Special F. Arun Lhokseumawe SEZ in Aceh Economic Zones (SEZ) in Indonesia. Province, for oil and gas industry, Each of SEZs is developed for specific petrochemical, agro industry, sectors. The existing SEZs are: logistics, and paper industry (already operated in December 2018). A. Tanjung Lesung SEZ in Banten Province, for tourism (already G. Galang Batang SEZ in Riau Island operated in February 2015). Province, for mineral processing industry, energy, and logistics B. Sei Mangkei SEZ in North Sumatera (already operated in December Pryearovince, for CPO and rubber 2018). industry, fertilizer industry, logistics, and tourism (already operated in H. Tanjung Kelayang SEZ in Bangka December 2016). Belitung Island Province, for tourism (already operated in March 2019). C. Mandalika SEZ in West Nusa Tenggara Province, for tourism I. Maloy Batuta SEZ in East Kalimantan (already operated in September Province, for CPO, wood, coal, and 2017). mineral industry (already operated in April 2019). D. Palu SEZ in Center of Sulawesi Province, for smelters, agro industry, J. Bitung SEZ in North Sulawesi and logistics (already operated in Province, for fishery and agro September 2017). industry, and logistics (already operated in April 2019). E. Tanjung Api-Api SEZ in South Sumatera Province, for Crude Palm K. Morotai SEZ in Maluku Province, for Oil, rubber downstream industry, tourism, manufacturing industry, and petrochemical industry (already and logistics (already operated in operated in June 2018). April 2019). INDONESIA INVESTMENT COORDINATING BOARD
19 L. Sorong SEZ in West Papua Province, N. Kendal SEZ in Central Java, for tourism, industrial shipyards, for manufacturing industry, fisheries processing industry, mining textile industry, logistic (under industry, and logistics (already development). operated in October 2019). O. Likupang SEZ in North Sulawesi, for M. Singhasari SEZ in East Java, for tourism (under development). tourism, creative industry (under development). INDONESIA INVESTMENT COORDINATING BOARD
CHAPTER III Investment Procedures
22 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT STARTING BUSINESS QUESTION 7 I want to invest in Indonesia. What are the basic things I should know first? ANSWER : To establish a foreign business sector which you are direct investment company interested in is not regulated, and in Indonesia you must first decide no other restrictions from related what business sector you are technical ministries, then it means the going to invest based on Klasifikasi business sector is open for foreign Baku Lapangan Usaha Indonesia direct investment with a maximum “KBLI” (Indonesian Classification for foreign ownership of 100%. Business Sector). The legal entity of the FDI Company Then, you must check whether should be a Limited Liability Company the business sector is open with or Ltd. Perseroan Terbatas or PT.The requirements or closed for foreign ‘PT’ company should be owned by direct investment based on minimum 2 shareholders. Those can be the Presidential Regulation No. 44 individual or corporate shareholders or Year 2016 about “DNI” (Negative combination of both. Investment List). If the INDONESIA INVESTMENT COORDINATING BOARD
23 QUESTION 8 How much is the minimum investment for an FDI company? ANSWER : The minimum investment for an FDI company is above IDR 10 billion (excluding land and building cost), while the minimum paid up and issued capital is IDR 2.5 billion. For each shareholder, at least IDR 10 millions or its equivalent in USD is required. QUESTION 9 Can I set up a company in any location in Indonesia? ANSWER : Yes, you can set up a company in any 9,950 manufacturing companies part of Indonesia. However, there are operating and these figures do not restrictions for some business sectors include industrial estates non HKI in certain regions, Industrial Law members. No. 3 Year 2014 and Government Regulation No. 142 Year 2015 has Main attractions of industrial mandated that any industrial activities estates are that the development is shall be located in industrial estates. comprehensively planned to assure a strategic location, accessibility, Today, the Indonesian Industrial Estates building ratio, infrastructure and Association (Himpunan Kawasan supporting services, secured land Industri Indonesia or HKI) has 87 titles, and continuous maintenance company members, in 18 provinces, and operation management, as covering total gross area of about well as integrated enviromental 86,059 hectares. There are more than management. INDONESIA INVESTMENT COORDINATING BOARD
24 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 10 How do I establish a company in Indonesia? ANSWER : The process of company establishment in Indonesia requires Investor to issue Article of Association and legalization of the company, including Taxpayer identification number (NPWP), through Public Notary. INDONESIA INVESTMENT COORDINATING BOARD
25 QUESTION 11 Other than setting up a company (PT. PMA), is there any other method to evaluate Indonesian market? ANSWER : Foreign investor could set up a Guidelines for Licensing and Investment Representative Office to study the Facility. To obtain the Representative market. Foreign Representative Office Office license, all requirements should “KPPA” is an office incorporated by be submitted online at Online Single an overseas company to represent Submission (OSS) system. themselves in Indonesia. The functionality of KPPA is limited to: Foreign Representative Office usually A. Manage the parent company’s has limited functionalities and are corporate interests. generally prohibited from directly engaging in operational activities, B. Prepare the establishment and signing contracts, issuing official development of its business in invoices, receiving payments from its Indonesia. clients, and directly engaging in any other profit generating activities. Important Notes for KPPA: The requirement and procedure A. KPPA can only be incorporated in to form a representative office in capital of Indonesian provinces (e.g. Indonesia are governed by BKPM Jakarta, Bandung, Surabaya, Medan Regulation No. 6 Year 2018 as Denpasar, etc.). amended by BKPM Regulation No. 5 B. The location of KPPA must be in Year 2019 regarding Procedures and office building. INDONESIA INVESTMENT COORDINATING BOARD
26 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 12 How do I open a bank account? ANSWER : The regulation of Central Bank of Indonesia stated that all banking transactions (such as capital injections, administration of loans, payment of capital equipments, raw materials and others) of a newly established PT. PMA should be administered through a special foreign investment bank account in Indonesia. The required documents to open such account are as follows: 1. Registration Number (NIB), the Deed 3. Citizen Identification Card (KTP) or of Establishment, Company Domicile passport of the authorized person to Certificate (Surat Keterangan Domisili open the bank account. Perusahaan or SKDP), Taxpayer identification number (NPWP). 4. Photograph of the authorized person to open the bank account. 2. The power of attorney, specifically required for person who is 5. Minimum deposit of IDR 10 million authorized to open the bank or USD 1,000. account. INDONESIA INVESTMENT COORDINATING BOARD
27 GETTING LICENSES QUESTION 13 What licenses are required to start a business? ANSWER : Basically, to start a business in These licenses can be processed through Indonesia, the company should obtain Online Single Submission (OSS) system following licenses: (www.oss.go.id), an online system created by the Government of Indonesia A. Single Business Number “NIB” to simplify the application of business license and other permits. B. Business License “Izin Usaha” All new and existing individuals or C. Commercial/Operational License business entities (include MSMEs), and “Izin Komersial/Operasional” representative offices can get their business licenses through the OSS system. QUESTION 14 Are there any guidelines and procedures to get business license in Indonesia? ANSWER : Permit, Environmental Permit, and Yes, there are. The guidelines are Commercial/Operational License. available in Bahasa Indonesia, and can be found on the OSS website (www. 3. Businesses fulfil the commitments oss.go.id) in Informasi’s sub-section, of licenses and permits required by ‘Petunjuk Teknis Pengisian’. technical ministries/agencies and regional governments. Procedure to get a business license: 4. Businesses make the required 1. Businesses register through the OSS payments of Non-Tax State Revenue system. (PNBP) or regional levies. 2. The OSS system will issue 5. Licenses issued by the OSS system Business Identification Number will be activated. (NIB), Business License, Location INDONESIA INVESTMENT COORDINATING BOARD
28 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 15 Do I have to register for licenses at BKPM? ANSWER : Business licenses can be applied online Regarding the sectoral business through OSS except for several sectors. licenses, PTSP Pusat has 3 types of The excluded sectors are finance, services, they are: mining (oil and gas, mineral and coal, 1. Self Service and geothermal), and property. For these sectors, licenses can be applied 2. Assistance Service through One Stop Service Center (Pelayanan Terpadu Satu Pintu or PTSP 3. Priority Service Pusat) BKPM. Other than that, PTSP Pusat also provides consultation and complaint services. ONE STOP SERVICE CENTER QUESTION 16 What is One Stop Service Center or “PTSP Pusat” ? ANSWER : PTSP Pusat at BKPM is established to ministries and government institutions provide a simple, faster, transparent that provide consultation and accept and integrated service for starting application for business licenses which business in Indonesia. are not included in the OSS. At PTSP Pusat, there are Representative Officers from 22 INDONESIA INVESTMENT COORDINATING BOARD
29 QUESTION 17 What services are provided at PTSP Pusat? ANSWER : One Stop Service Center (PTSP Pusat) in 4. Facilitating the problems faced BKPM offers activities such as: by investors in realizing their investment in Indonesia. 1. Serving information and consultation on investment policies 5. Synchronizing and coordinating in a specific sector. with related Ministries/Institutions including with provincial, regency/ 2. Serving business license applications city governments, administrators which are not regulated in of Special Economic Zones (SEZs), Government Regulation Number and Free Zone Authority. 24 Year 2018 regarding Online Integrated Business Licensing 6. Providing priority service for Service. eligible investors in obtaining business licenses (Layanan 3. Clarifying the procedure of business Prioritas). licensing application through the OSS system (Layanan Berbantuan). PRIORITY SERVICE QUESTION 18 What is Priority Service? ANSWER : Priority Service or “Layanan Prioritas” is a service provided for eligible investors who meet requirements. INDONESIA INVESTMENT COORDINATING BOARD
30 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 19 What kind of license that I will obtain through Priority Service? ANSWER : 3-Hour Energy and Mineral Resources (ESDM) Through Priority Service, investors will obtain: 8 Types of licenses : 1. Deed of establishment of the 1. Temporary Business License for Oil/ company Fuel/LPG Storage 2. Legalization from the Ministry of 2. Temporary Business License for Law and Human Rights Storage of Processed Products/CNG 3. Taxpayer identification number 3. Temporary Business License for LNG “NPWP” Storage 4. Single Business Number “NIB”, 4. Temporary Business License for Oil which also function as: Company Refinery Registration Number “TDP”, Importers Identification Number 5. Temporary Business License for “API”, and Custom Access “Akses Processing Oil Residue Industry Kepabeanan” 6. Temporary Business License for 5. Foreign Workers Utilization Plan Natural Gas Processing “RPTKA” for workers (outside 7. Temporary Business License for shareholders) General Trade of Oil/Fuel 8. Temporary Business License for General Trade of Processed Products INDONESIA INVESTMENT COORDINATING BOARD
31 QUESTION 20 What are the requirement for Priority Services? ANSWER : The requirement to get this service are: 2. Certain manufacturing lines of business that are part of a supply 1. Planned value of investment at least chain, by showing Statement Letter IDR 100 billion, and/or absorbing at orMoU as a supplier for company least 1,000 local workers. who will use the products. 2. The investor come in person to PTSP 3. Companies will be domiciled in a Pusat at BKPM, and if a candidate Special Economic Zone. of shareholder represents other shareholders, he/she has to bring 4. Companies participate in tax the letter of authorization. amnesty programs, by showing evidence of the tax amnesty The exemption from the above criteria submission receipt issued by the are valid for: Minister of Finance or the relevant appointed official. 1. Certain manufacturing lines of business, or be domiciled in certain Priority Service for ESDM Sector: areas that fall under an inland free trade arrangement in accordance No requirements with the prevailing regulations. INDONESIA INVESTMENT COORDINATING BOARD
32 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT INVESTMENT INCENTIVES QUESTION 21 Is there any fiscal facility offered by government for foreign investors? ANSWER : Yes. Indonesian Government provides purpose of 2 years full production investment incentives as follows: (accumulated production time). - BKPM Regulation No. 6 Year 3. The importation to the extant of 2018 as amended by BKPM machines, goods and materials Regulation No. 5 Year 2019 and which: Ministry of Finance Regulation - Are not produced in Indonesia No. 176/PMK.011/2009 as amended by Ministry of - Are produced in Indonesia but Finance Regulation No. 188/ they don’t meet the required PMK.010/2015, explained : specifications All of FDI and Domestic Direct - Are produced in Indonesia but Investment or DDI (Penanaman Modal the quantity is not sufficient for Dalam Negeri or PMDN) projects which the need of the industry are issued by the OSS system will be According to the Regulation of granted the exemption of Import Minister of Finance No. 66/ Duty, with the final tariffs become 0% PMK.010/2015, the exemption of (zero percent). This facility would be import duty will also be granted to applicable on: the importation of capital goods of 1. The importation of capital goods electricity for an import period of namely machinery, equipment, and 2 years and can be extended by a auxiliary equipment for an import maximum 1 year. This facility is not period of 2 years, started from the applicable for transmission, distribution, date of stipulation decisions on supporting services and repairing import duty relief. equipment. 2. The importation of goods and As stated in the Regulation of materials or raw materials regardless Minister of Finance No. 259/ of their types and composition, PMK.04/2016, the importation of which are used as materials or goods in term of Contract of Work or components to produce finished CoW (Kontrak Karya or KK) or Coal goods or to produce services for the Mining Business Work Agreement INDONESIA INVESTMENT COORDINATING BOARD
33 (Perjanjian Karya Pengusahaan - Company located in Industrial Pertambangan Batubara or PKP2B) Area and/or Bonded Zone; will be granted the exemption and/ - Company operating in renewable or relief from import duty based on energy sector; the owned contract. The application can be requested by attaching - Company issuing the cost for recommendation letters from the economic and/or social Directorate General of Mineral and infrastructure in business location Coal, Ministry of Energy and Mineral at the least of 10 billion rupiah; Resources of the Republic of Indonesia. - Company using materials and/ Tax Allowance based on or domestic result component at Government Regulation No.78 Year least 70% since the second year; 2019, regarding to Income Tax - Company hiring at least 300 or Facilities for Capital Investment in 600 Indonesian workforces for 4 Certain Business Fields and/or in consecutive years; Certain Regions, the domestic and foreign investors will be granted for - Company issuing the cost tax allowances in certain business fields of domestic research and and/or regions. development in order to product development or production Facilities provided by the Government efficiency at least 5% from the Regulation No. 78 Year 2019 are: total capital investment for 5 1. Reduction of net income by 30% years period; of the total investment in the form - Company undertaking export at of tangible fixed assets, including least 30% from the sales total any land used for the business main value, for the capital investment activities, shall be charged for 6 in certain business fields that are years, respectively of 5% per year carried out outside of the bonded calculated from the commencement zone. of commercial production. For detailed information on the list of 2. Accelerated depreciation on business sectors that are eligible for tangible assets and amortization Tax Allowance, please refer to the on intangible assets acquired in the Attachment I & II of Government framework of investment. Regulation No. 78 Year 2019. There 3. The imposition of income tax on are 166 business fields listed in dividens paid to any non-resident Attachment I and 17 business fields taxpayer other than a permanent listed in Attachment II. establishment in Indonesia. Note: 4. Loss compensation for more than 5 The application and provision for tax years but not more than 10 years, allowance will be carried out online for: through the OSS system. INDONESIA INVESTMENT COORDINATING BOARD
34 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 22 What about tax holiday for foreign investors? ANSWER : According to the Regulation of forestry without or with their Minister of Finance No. 150/PMK. integrated derivatives; 010/2018 and the Regulation of BKPM No. 1 Year 2019 as amended E. industry of basic inorganic by Regulation of BKPM No. 6 Year chemicals without or with their 2019, reduction in Corporate Income integrated derivatives; Tax (Tax Holiday) is given at 100% F. industry of main raw materials (one hundred percent) of the amount of pharmaceutical without of the Corporate Income Tax owed or with their integrated with minimum new investment IDR derivatives; 500 billion and at 50% (fifty percent) with minimum new investment G. irradiation, electro-medical, between IDR 100 billion – IDR 499 or electrotherapy equipment billion. manufacturing industry; The applicant or company should H. manufacturing industry of main meet the following criteria: components of electronics or telematics devices, such 1. The Pioneer Industry: as semiconductor wafers, A. upstream base metal industry backlight for Liquid Crystal (iron and steel or non-iron and Display (LCD), electrical driver, steel) without or with their or display; integrated derivatives; I. machinery and machinery main B. oil and natural gas purification components manufacturing or refining industry without industry; or with their integrated J. industry of robotic components derivatives; that supports machines C. petroleum-based manufacturing industry, petrochemical, natural gas or K. power plant main components coal industry without or with manufacturing industry; their integrated derivatives; L. motor vehicle and motor D. industry of basic organic vehicle main components chemicals sourced from manufacturing industry; agricultural, plantation, or INDONESIA INVESTMENT COORDINATING BOARD
35 M. vessel main components 4. Having not yet been issued a manufacturing industry; decision regarding the granting of a notification or concerning the N. train main components refusal to reduce the Corporate manufacturing industry; Income Tax by the Minister of O. industry of aircraft main Finance. components and aerospace 5. Fulfill the provisions of the industry supporting activities; amount of the ratio between P. agricultural, plantations, debt and capital as referred to in or forest product-based the Regulation of the Minister of processing industry producing Finance concerning determining pulp without or with their the amount of the ratio between derivatives; debt and company capital for the purposes of calculating Income Q. economic infrastructure; or Tax; R. digital economic which includes The period of the reduction is data processing, hosting, and provided with the following activities associated with them. conditions: 2. Having status as Indonesian 1. 5 (five) tax years for new Private/Public Company investment with a value of investment plan of at least IDR 3. Having a value of the new 500,000,000,000 (five hundred investment plan of at least IDR billion rupiahs and a maximum of 100,000,000,000 (one hundred less than IDR 1,000,000,000,000 billion rupiahs); (one trillion rupiahs); INDONESIA INVESTMENT COORDINATING BOARD
36 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT 2. 7 (seven) tax years for new 5. 20 (twenty) tax years for new investments with an investment investments with the value of plan value of at least IDR the investment plan at least IDR 1,000,000,000,000 (one trillion 30,000,000,000,000 (thirty trillion rupiahs) and a maximum of less rupiahs). than IDR 5,000,000,000,000 (five trillion rupiahs); Note: 3. 10 (ten) tax years for new BKPM will publish “In Advance investments with an investment Confirmation” which is a notification plan value of at least IDR letter to investors regarding the 5,000,000,000,000 (five trillion fulfilment of the requirements of the rupiahs) and maximum of less than pioneer industry to obtain a corporate IDR 15,000,000,000,000 (fifteen income tax deduction facility for the trillion rupiahs); investors who applied for it 4. 15 (fifteen) tax years for new List of business fields (Indonesia investments with an investments Standard Industrial Classification-KBLI) plan value of at least IDR of the pioneer industry can be seen 15,000,000,000,000 (fifteen trillion in the Attachment of the BKPM rupiahs) and no more than IDR Regulation No. 6 Year 2019. 30,000,000,000,000 (thirty trillion rupiahs); INDONESIA INVESTMENT COORDINATING BOARD
37 QUESTION 23 Besides fiscal facilities, is there any other facility provided? ANSWER : GREEN LANE Starting 2016, the government accelerates custom clearance process for imported capital goods, aiming at speeding up project under construction. Capital goods no longer need screening at the ports. So, it will cut the processing time from five days to only 30 minutes. WAGE FORMULA Since September 2015, Indonesian government has issued several economic policy packages, among others, to improve investment climate. We set a minimum wage formula so investors can predict annual increase of wage, considering inflation and economic growth. OTHERS We support business to reduce their production costs by cutting the price of fuel, gas, and electricity for industry. We revised the Negative Investment List (DNI) to be more open for foreign investment, specifically intended for industrial, creative economy, and tourism sectors. INDONESIA INVESTMENT COORDINATING BOARD
CHAPTER IV Investment Related Aspects
40 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT LABOR QUESTION 24 What is the minimum wage in Indonesia? ANSWER : In Indonesia, minimum wage is a monthly wage payable to labor. It mainly consists of fixed basic wage that is stipulated by regional governors as a safety net. QUESTION 25 What is the list of minimum wage in Indonesia for the year of 20xx? ANSWER : The latest Government Regulation wage x (Inflation + % GDP annual No. 78 Year 2015 regarding Wages increase during the year) (GR 78) introduces several important 2. Wages must be paid in Rupiah The changes, notably those concerning the Article 21 of GR 78 requires that calculation of provincial minimum wages wages for all employees be paid in and the requirement that all employees Indonesian Rupiah and does not in Indonesia be paid in Rupiah. differentiate between foreign and The main points of GR 78 are: local employees. 1. Minimum wage calculation in GR Wage scale and structure in GR 78 introduces a new formula for 78 requires employers to prepare provinces to calculate their minimum a wage scale and structure wage each year, beginning in 2016. for employees by taking into The introduction of the formula consideration the group, positions, should bring certainty to the annual years of service, education, calculation of minimum wage and and competence of employees. help create a more reliable business Employers must inform employees climate. of this wage scale and structure, and GR 78 requires that a copy of the The new formula is as follows : wage scale and structure be attached to company regulation registration or New minimum wage = current renewal applications. minimum wage + (current minimum INDONESIA INVESTMENT COORDINATING BOARD
41 QUESTION 26 Is there any obligation for employer to pay employees for provident fund or other social security fund? ANSWER : Yes, based on Law of the Republic The new Social Security Agency Indonesia No. 24 Year 2011, for Workers and/or Health (Badan employer will have to contribute a Penyelenggara Jaminan Sosial untuk certain share based on employee Ketenagakerjaan dan/ atau Kesehatan monthly wage into the social security or BPJS-TK and BPJS-KS) will continue to programme. The programme will ensure that employer takes part in the provide economic assurance for every mandatory social security programmes employee’s wellbeing. such as Pension Guarantee, Life Insurance, and Work Accident Insurance. Type Of Insurance Employer’s Contribution Worker’s Contribution Workers (BPJS Ketenagakerjaan or BPJS-TK) 0.24% - 1.74% (depend on Work accident None job risk) Death/life insurance 0.30% None Old age 3.70% 2.00% Pension* 2.00% 1.00% Health (BPJS Kesehatan or BPJS-KS) Health* 4.00% 1.00% *) With a maximum salary cap of IDR 8,512,000 *) BPJS (Badan Penyelenggara Jaminan Sosial) or Social Security System For more information on the details directly contact BPJS for Workers at to social security pay-out structure, http://www.bpjsketenagakerjaan.go.id/ submission of application, working and BPJS for Health at https://bpjs- details, and latest updates please kesehatan.go.id/bpjs/ INDONESIA INVESTMENT COORDINATING BOARD
42 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 27 Can I employ foreigners in my company and how many foreigners are allowed? ANSWER : Yes, in the framework of investment, 6. Foreign private company, foreign foreigners are allowed to hold positions business entity where there are no Indonesian 7. Legal Entity established under nationals available, or do not meet the Indonesian Law in form the requirements and subject to the of Ltd. (PT) or foreign private conditions that such positions are organization open for foreigners. Foreigners can be employed in Indonesia only for certain 8. Social institute and other institute positions and period. for religious, education, or cultural purpose Employers of foreign workers in this shall include: 9. Impresario service entity 1. Government body(s) The employers is able to hire foreign workers only for a certain position 2. International body(s) and a certain time. 3. Representatives of foreign country Employers of Federal Civil Firm (Firma/ 4. International organization Fa), the Limited/Federal Partnership (CV), Associated Business (Usaha 5. Foreign Company Representative Bersama), Trading Company (Usaha Office (KPPA), Foreign Company Dagang or UD) are prohibited from Trade Representative Office (KP3A), employing foreign workers except as Foreign Press Office provided in the Law. INDONESIA INVESTMENT COORDINATING BOARD
43 QUESTION 28 What about employing foreigner as a member of board of director? ANSWER : According to Decree of the Minister 3. Human Resource Manager of Manpower No. 228 Year 2019 concerning Certain Positions Open For 4. Personnel Development Supervisor Expatriates: 5. Personnel Recruitment Supervisor 1. Certain positions open for 6. Personnel Placement Supervisor Expatriates as listed in the Appendix, which is an inseparable part of this 7. Employee Career Development Ministerial Decree. This regulation Supervisor lists more than 2,000 job titles 8. Personnel Declare Administrator across 18 sectors that can now be filled by expatriates. 9. Chief Executive Officer 2. The positions of Commissioners or 10.Personnel and Careers Specialist Directors who are not managing personnel are open for Expatriates. 11.Personnel Specialist 3. The Minister or an appointed 12.Career Advisor official may give approval for the 13.Job Advisor employment of Expatriates in the event that the positions required by 14.Job Advisor and Counseling the employers are not listed in the Appendix as an inseparable part of 15.Employee Mediator this Ministerial Decree. 16.Job Training Administrator According to Decree of the Minister of 17.Job Interviewer Manpower No. 40 Year 2012, foreigner cannot hold a position as : 18.Job Analyst 1. Personnel Director 19.Occupational Safety Specialist 2. Industrial Relation Manager INDONESIA INVESTMENT COORDINATING BOARD
44 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 29 How much is the working permit charge for foreigner? ANSWER : Companies employing foreigners are charged USD 100 per title per person per month (Article 23 Decree of the Minister of Manpower No. 10 Year 2018). QUESTION 30 What are the procedures to recruit foreign worker? ANSWER : First of all, employer (either DDI or D. Recommendation letter: RPTKA FDI) should submit Foreign Workers Utilization Plan (RPTKA) application There are 2 options for VITAS application to the Ministry of Manpower of the : Republic of Indonesia to get approval VITAS which is submitted by the through link http://tka-online.kemnaker. employer/ guarantor : go.id. A. The employer submit Visa application Once approved, Ministry of Manpower to Directorate General of Immigration. of the Republic of Indonesia will issue B. The employer has to pay for the telex RPTKA Endorsement to the employer. visa approval cost. Employee will then be able to apply for C. When the VITAS application is Limited Stay Visa (Visa Tinggal Terbatas approved, the employer will obtain or VITAS). General requirement for a copy of Visa Approval Letter VITAS application as follows: and another copy will be sent to A. Application letter Indonesian Embassy/ Consulates. B. Copy of bank statement D. The foreign worker has to come to C. Original passport with minimum 18 the Indonesian Embassy/Consulates to months validity for 1 year stay period submit the application with a copy of or 30 months validity for 2 years the Visa Approval Letter and pay for staying period visa fee. INDONESIA INVESTMENT COORDINATING BOARD
45 E. After obtaining a visa, the foreign foreign worker also has to pay for worker will head to Indonesia, and the visa fee. will be granted with an Entry stamp E. After obtaining a visa, the foreign upon arrival. worker will head to Indonesia, and F. Foreign worker should report to the be granted with an Entry stamp local immigration office where he/ upon arrival. she domicile in Indonesia to take F. Foreign worker should report to the biometric and interview and also pay local immigration office where he/ the limited stay permit fee. she domicile in Indonesia to take G. VITAS issued. biometric and interview and also pay the limited stay permit fee. VITAS which is submitted by the foreign worker : G. VITAS issued. A. The foreign worker submits VITAS After entering Indonesia, foreign worker application to Indonesian Embassy/ should report to the Immigration Office Consulates. close to their area within 7 days of arrival to get the Limited Stay Permit B. The foreign worker will pay for the Card (Kartu Izin Tinggal Terbatas or telex visa approval cost. KITAS). The following procedures also C. The Indonesian Embassy/ Consulates applies to the temporary foreigner will forward the application to workers and expertise, such as : Directorate General of Immigration specialized technician for temporary for approval. repair work, some experts for short-term D. When the Visa application is job position and any affiliated foreigner approved, The Indonesian Embassy/ for specific work function. Consulates will issue the visa. The INDONESIA INVESTMENT COORDINATING BOARD
46 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 31 What are the procedures to apply for Foreign Workers Utilization Plan (RPTKA)? ANSWER : Employers who will employ foreign with the qualifying position occupied by worker shall have an RPTKA. RPTKA the foreign worker is a basis to obtain Foreign Worker 9. Employer Taxpayer Identification Employment Permit (IMTA). In order Number (NPWP) to receive RPTKA, the employer must submit an online application to the 10. Copy of valid obligatory report of Directorate General of Manpower employment in accordance to Law of Placement Development and Job the Republic Indonesia No. 7 Year 1981 Opportunity Expansion through the Director of Expatriate Worker Utilization 11. Recommended position that will be Management by enclosing: occupied by the foreign worker from technical ministries (if required) 1. Letter detailing the reason to hire foreign nationals Based on Presidential Regulation No. 20 Year 2018 on Foreign Workers Utilization, 2. Completed RPTKA form companies employing foreign workers in the following positions do not need to 3. License from authorized ministry apply for the RPTKA: 4. Article of Association of legal entity A. Shareholder as a member of the Board that has been legalized by authorized of Directors or a member of the Board ministry of Commissioners of the employer of 5. Organizational structure of the TKA; employer company B. Diplomatic and consular officers 6. Letter of the employer’s domicile from at representative offices of foreign regional government countries; or 7. Letter of Appointment to Indonesian C. TKA on the type of work required by manpower as assistant to the the government. foreigner and a mentoring program For emergency and urgent work, the plan Employers of TKA may employ TKA by 8. Letter of Statement of the capacity applying for RPTKA endorsement to the to provide education and training for Minister or appointed official not later than Indonesian manpower in accordance 2 (two) workdays after the TKA is working. INDONESIA INVESTMENT COORDINATING BOARD
47 QUESTION 32 Can foreign worker/ foreigner hold multiple jobs in Indonesia? ANSWER : According to the Article 42 paragraph Additionally, the employer or sponsor (4) and (5) of Law of the Republic is prohibited from hiring foreign Indonesia No. 13 Year 2003 regarding worker who has already working in on Employment, foreign worker can other company with exception if the only be employed in Indonesia for a foreign worker is appointed as Director certain position and department. or Commissioner in other company as stated in its General Meeting of As a follow up to the above regulation, Shareholders or certain sectors such the Ministry of Manpower Regulation as vocational education and training, No. 10 Year 2018 regarding Procedures digital economic and also oil and gas. for Licensing Hiring Foreign Workers stipulate. There are certain positions which are prohibited for foreigners QUESTION 33 What is the procedure to recruit a local worker? ANSWER : According to Article 35 of Act of the Republic Indonesia No. 13 Year 2003 about Manpower, employer can recruit a local worker directly or through manpower placement service providers. The manpower placement service provider shall provide protection as from the recruitment to the manpower placement. The employer in employing worker shall provide protection covering welfare, safety, and physical and mental health of the worker. INDONESIA INVESTMENT COORDINATING BOARD
48 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 34 What is the status of working relations between employer and employee? ANSWER : There are 2 kinds of working relations 2. Working relation for specified between employer and employee : period. This working relation shall be based on the period of 1. Working relation for unspecified time (maximum 3 years) and period applied to permanent the completion of a certain job. employee. The working agreement Working agreement for specified for unspecified period can require period cannot require a probation a probation period for 3 months period. It can be applied for a period at the maximum and the wage of 2 years at the maximum and only received by the employee shall not could be extended maximum once below the minimum wages. for a year. Note : Please refer to Act of the Republic of Indonesia No.13 Year 2003 for further information. QUESTION 35 Is outsourcing allowed? Yes, it is. Outsourcing is defined as 1. If outsourcing is perceived as the obtaining goods or services by contract recruitment of workers who directly from an outside supplier. However, conducted by the employer with majority of the outsource workers are the status of working relationships employed under temporary contract. are specified for certain period and unspecified period work agreement, Related to this, there will be 2 thus this outsourcing definition is definitions of outsourcing : associated with the Article 56-59, INDONESIA INVESTMENT COORDINATING BOARD
49 Law of the Republic of Indonesia A. Whole package service provider, No.13 of 2003 and Decree of must meet the conditions, as Minister of Manpower No.100/ follows : MEN/VI/2004. 1. Conducted separately from Specified period work agreement is for the main activity, not only a particular job that will be completed management but also the within a specified time, which included implementation of work in a category, as follows: activities. A. Job which could be done in one 2. Performed with a direct order time or temporary or indirect order from the employer. B. Job which is estimated a maximum of 3 years for its 3. Supporting activities that completion support and facilitate the main activity. C. Job which is seasonal 4. Do not hinder production D. Job which correlates with process directly. new product, new activity or additional product that are still in B. Worker service provider (worker experiment or poll only), should be a supporting service or not deal directly with Meanwhile, uncertain time work the production process : agreement is for the job that does not meet the certain time work 1. Cleaning service agreement’s categories. 2. Catering for workers 2. If outsourcing is understood as obtaining goods or services by 3. Security contract from outside parties,then 4. Supporting services in oil and outsourcing in this definition must gas industry be in accordance with Decree of Minister of Manpower No.19 of 5. Transportation provider for 2012. Outsourcing is divided into 2 workers types, which are: INDONESIA INVESTMENT COORDINATING BOARD
50 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 36 Is it allowed to establish a labor union in Indonesia? ANSWER : Yes. According to the Article 102 and enhancing their skills and expertise and 103 of Act of the Republic Indonesia helping promote the business of the No. 13 Year 2003 concerning enterprise for which they work and Manpower, workers and their fight for the welfare of their members organizations [unions] shall perform and families. Every worker has the right the function of performing their jobs/ to form and become member of a work as obliged, keeping things in trade/ labour union, and a trade/labour order in order to ensure continued, union shall have the right to collect and uninterrupted production, channeling manage fund and be accountable for their aspirations democratically, the union’s finances. QUESTION 37 How is the role of government in case of dispute between the employer and labor union? ANSWER : According to the Article 102 of Act should resolve it first through bipartite of the Republic Indonesia No. 13 bargaining in deliberation to reach Year 2003 concerning Manpower, consensus. In the event the bipartite In conducting industrial relations, bargaining failed, then one or both the government shall perform the of the parties can file their dispute function of establishing policies, to the local authorized manpower providing services, taking control and offices. Further information about taking actions against any violations industrial relations dispute settlement of statutory manpower rules and can be refered to Act of the regulations. Republic Indonesia No. 2 Year 2004 concerning Industrial Relations In the case of industrial relations Disputes Settlement. dispute, employer and labor union INDONESIA INVESTMENT COORDINATING BOARD
51 QUESTION 38 Is there any law in Indonesia that regulates labors strike? ANSWER : Yes, labors strike is regulated on the The strike shall be deemed illegal if it is Decree of Minister of Manpower carried out: No. 232 Year 2003. According to this regulation, strike is an action that is a. Not as a result of failed planned and performed together by negotiations; and/or workers and/or by trade unions/labor b. Without any notification given unions in order to stop or slower work. to the entrepreneur and the Strike is a basic right of workers and/or government agency responsible for trade unions/labor unions that is carried manpower affairs; and/or out legally, orderly, and peacefully as a consequence of failed negotiations. c. With a notification but the notification is given less than 7 Failed negotiation shall refer to the (seven) days prior to the strike; and/ reaching of no agreement to settle or industrial relations disputes because the entrepreneur is unwilling to negotiate d. With a notification but the contents even though the trade union/labor of the notification do not accord union or the worker has submitted with points of Article 140 of Law a written request for negotiation No. 13 Year 2003 concerning twice within a period of 14 (fourteen) Manpower. workdays or because the negotiations lead to a deadlock and this is declared by both sides in the negotiation minutes. INDONESIA INVESTMENT COORDINATING BOARD
52 FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT QUESTION 39 What is the regulation of employment termination? ANSWER : Termination of employment is from the physician who treats regulated in Chapter XII of Law of him or her provided that he or the Republic Indonesia No. 13 Year she is not absent from work 2003 concerning Manpower. Based for a period of longer than 12 on this regulation, the entrepreneur, (twelve) months consecutively. the worker and/or the trade/labour 2. The worker is absent from work union, and the government must make because he or she is fulfilling all efforts to prevent termination of his or her obligations to the employment from taking place. State in accordance with what is If despite all efforts made termination prescribed in the valid statutory of employment remains inevitable, legislation. then, the intention to carry out the 3. The worker is absent from work termination of employment must be because he or she is practicing negotiated between the entrepreneur what is required by his or her and the trade/labour union to which religion. the affected worker belongs as member, or between the entrepreneur 4. The worker is absent from work and the worker to be dismissed if because he or she is getting the worker in question is not a union married. member. 5. The worker is absent from The entrepreneur may only terminate work because she is pregnant, the employment of the worker after giving birth to a baby, having a receiving a decision [a permission to do miscarriage, or breast-feeding so] from the institute for the settlement her baby. of industrial relation disputes. 6. The worker is related by blood - Employer shall be prohibited from [birth] and or through marriage discontinuing working relations with to another worker in the the following reasons: enterprise unless so required in the collective work agreement 1. The worker is absent from work or the enterprise’s rules and because he or she is taken ill as regulations. attested by a written statement INDONESIA INVESTMENT COORDINATING BOARD
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