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INDONESIA INVESTMENT COORDINATING BOARD
Investment Updates : reform and maintaining growth
The Investment Coordinating Board of the Republic of Indonesia
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West Java; USD 583,6
Jakarta; USD 287,4
Banten; USD 253,6
Bali; USD16,5 East Java;
USD 15,7
Others; USD 38,4
Motor Vehicles & Other
Transport Equipment Industry;
USD 326,4
Chemical and Pharmaceu-
tical Industry; USD 245,5
Non Metallic Mineral
Industry; USD 166,3
Metal, Machi-nery and
Electronic Industry;
USD 129,2
Trade and Repair;
USD 127,1
Others; USD 200,6
Investment Performance
German Investment to Indonesia 2000-2012 (USD Million)
Based on Location Based on Sector
Indonesia Investment Update
Investment Policy and Facility
The Investment Coordinating Board of the Republic of Indonesia
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INVESTMENT LAW (UU No.25 Year 2007)
INVESTMENT FACILITIES
Mandate equal treatment for foreign and domestic investors
No minimum capital requirement, freedom to repatriate capital.
All business sectors or business types shall be open to investment
activities, except for business sectors or business types that are declared to
be closed and open with requirements.
Simplification of business start up and licensing procedures, including the
“one-stop shop” (PTSP) licensing provision at the Investment Coordinating
Board (BKPM).
Rolling-out of Electronic Information Services and Investment Licensing
(SPIPISE) in 105 PTSP.
Launching of the National Single Windows for Investment.
Establishing an Investor Relation Unit at BKPM for information facilitation
and queries handling from existing and potential investors.
Implementing a regional champion program to help select local
governments accelerate investments in their respective regions.
Launching of investment tracking system.
An acceleration of the VAT refund system for exporters Establishment of a complaint management system and a code of conduct
for tax officials
TAX REFORMS
Investment Policy and Facility
On going reforms in investment climate....
The Investment Coordinating Board of the Republic of Indonesia
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Regulated on MoF Regulation No.176/PMK.011/2009 granted for industries which produces goods or services.
Exemption from import duty on the import of machines for a period of 2 (two) years.
Exemption from import duty on the imports of goods and materials for production for a maximum period of 2 (two) years.
Exemption from import duty on the imports of goods and materials for production for a period of 4 (four) years, is granted to a company which is using the locally-produced machines at least 30% of the total value of machines for its production.
Service industry which is eligible for the facility: 1. Tourism and culture 2. Transportation (for public transportation services) 3. Public health services 4. Mining 5. Construction 6. Telecommunication 7. Port
Exemption from import duty may be granted to the extent that the machines, goods and materials: • are not produced in Indonesia; • are produced in Indonesia but the they do not meet the required specifications; • are produced in Indonesia but the quantity is not sufficient for the need of the industry,
pursuant to the list of machines, goods and materials as determined by the minister who is in charge of industry.
IMPORT DUTY FACILITIES
Investment Policy and Facility
On going reforms in investment climate....
The Investment Coordinating Board of the Republic of Indonesia
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Government Regulation no. 94 of 2010 on Calculation of Non Taxable Income and
Payment of Income Tax in the Current as the umbrella regulation of tax holiday.
The Regulation of the Minister of Finance No.130/PMK.011/2011 (according to Article 2), a taxpayer can be granted a tax holiday facility for a period of between 5
and 10 years. This fiscal facility is available for investors in the pioneer industry that has strong
backward and forward linkage; and engage in five business sectors, namely basic metals, oil refinery and petrochemicals, machineries, renewable resources, and telecommunications equipment industry. In addition, there is another possibility that the Minister of Finance can add other sectors to the list after considering the importance and strategic values of the business sector to improve national industrial competitiveness.
After the expiration of the tax holiday, the taxpayer will be entitled to an income tax reduction of 50% for a further 2 years.
By considering the purpose of maintaining the competitiveness of national industries and the strategic value of certain business activities, the duration of the tax holiday and the tax reduction can be extended based on a decision by the Minister of Finance.
Investment Policy and Facility
TAX HOLIDAY
The Investment Coordinating Board of the Republic of Indonesia
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TAX ALLOWANCE
Government Regulation No. 12 of 2001 jo No. 31 of 2007 Exemption of value added tax of imported capital goods, machinery,
or equipment (except spare parts) which cannot be produced domestically
Submit tax-free letter to the Director General of Taxes
Government Regulation No.52 year 2011, 30% reduction of corporate net income based on investment value for six
years, 5% each year. The imposition of income tax on dividends paid to foreign tax subject
amounting to 10%, or a lower rate according to Tax Treaty Agreement.
Tax facilities that could be granted to investors under certain conditions has been issued. By this regulation, the tax allowance will be eligible for 129 business segments, expanded from 38 segments in the previous regulation.
VAT FACILITIES
Investment Policy and Facility
The Investment Coordinating Board of the Republic of Indonesia
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Tax Allowance: Infrastructure Sector - Government Regulation Number 52 of 2011 Appendix 1
BUSINESS FIELD KBLI COVERAGE REQUIREMENT
CIVIL BUILDING CONSTRUCTION
Building Construction Processing, Distribution and Storage of Drinking Water, Wastewater and Drainage
42212
This category includes business development, maintenance and repair of buildings in the city sewage (domestic sewage collection tissue / human and industrial waste water) and wastewater treatment buildings, residential drainage, retention basins, pump building and construction of similar buildings
Investment > Rp. 50 billion (US$ 5.5 million)
Workforce > 300
WATER SUPPLY Shelter, water purification and distribution of Clean Water
36001
This category covers activities of taking water directly from springs and groundwater and surface water purification of water sources and water channeling water directly from the terminal, tank car (from the tank car is still in the administration management of the water company) to be sold to consumers or customers, such as households, institutions / organizations / government agencies, social agencies, state owned enterprises, corporate / private businesses such as hotels, industrial processing and retail
Investment > Rp. 50 billion (US$ 5.5 million)
Workforce > 300
Drinking water which meets Indonesian National Standard (SNI) requirements
WASTE MANAGEMENT AND RECYCLE Non hazardous garbage collection
38110
This category includes the collection of solid waste which is not hazardous in some areas, such as garbage collection households and businesses to use the bins, wheeled bins, containers and other trash that included a mix of materials that can be recovered, the collection of materials and collection of recyclable waste from the bins in public places
Investment > Rp. 50 billion (US$ 5.5 million)
Workforce > 300
WASTE MANAGEMENT AND RECYCLE Non hazardous Waste Management and Disposal
38211
This category includes the business operation of the land for which no hazardous waste disposal, hazardous waste disposal is through the method with or without the products with electrical or steam, substitute fuels, biogas, ashes or other follow-up products for further use and management of organic waste for disposal
Investment > Rp. 50 billion (US$ 5.5 million)
Workforce > 300
Investment Policy and Facility
The Investment Coordinating Board of the Republic of Indonesia
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Tax Allowance: Infrastructure Sector - Government Regulation Number 52 of 2011 Appendix 2
BUSINESS FIELD KBLI COVERAGE REGION REQUIREMENT
CIVIL BUILDING CONSTRUCTION
Highway construction
42111
Business development, improvement, maintenance and highway improvements.
All area except in Java Island
Investment > Rp. 1 T (US$ 111 million)
Workforce >
300
WAREHOUSING AND SUPPORTING TRANSPORT SERVICES Cargo handling (goods loading and unloading)
52240
This category includes business services of international transshipment port (pier, building, towing vessels, pilotage services, anchoring, mooring services, service dock and stacking of goods / containers, container terminal, liquid bulk terminals, dry bulk terminal)
Batam Island
Integrated with KBLI 52101, 52102, 52109, 52221
Investment Policy and Facility
The Investment Coordinating Board of the Republic of Indonesia
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No. Sectors More Open More Restrictive
1. Agriculture - 2
2. Forestry 1 -
3. Maritime and Fishery 1 -
4. Energy and Mineral Resources 1 -
5. Industry 2 3
6. Public Works 1 -
7. Trade 1 -
8. Culture and Tourism 17* 1
9. Transportation 4* 1
10. Communication and Information 2 2
11. Manpower and Transmigration 2 -
12. Health 8* -
13. Security - 1
Total 40 10
*) Including business field open with condition for ASEAN Investors
Investment Policy and Facility
Negative Investment List Presidential Regulation No.36 of 2010
The regulation come into
force as of May 2010
The Negative Investment List
is reviewed every 3 years
40 business sectors are
more open for investors
The Investment Coordinating Board of the Republic of Indonesia
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Negative List on Investment: Infrastructure Sector (Presidential Regulation Number 36 of 2010)
Investment Policy and Facility
No. Business Fields KBLI Conditions Remarks
1 Piped Water Supply 36001 Max 95% Foreign Capital Ownership
2 Power Plants (more than 10 MW)
35101 Max 95% Foreign Capital Ownership (Power plants with less than 10 MW are currently reserved for small and medium enterprises and hence closed to foreign investment)
Transmission of Electricity 35102 Max 95% Foreign Capital Ownership
Distribution of Electricity 35103 Max 95% Foreign Capital Ownership
3 Toll Road 52213 Max 95% Foreign Capital Ownership
4 Seaport Services 52221 Max 49% Foreign Capital Ownership
5 Airport Services 52230 Max 49% Foreign Capital Ownership
6 Local Fixed Telecommunication Network
61100 Max 49% Foreign Capital Ownership
Closed Fixed Telecommunication Network
61100 Max 65% Foreign Capital Ownership
Mobile Telecommunication Network (Cellular/Satelite)
61200 61300
Max 65% Foreign Capital Ownership
7 Railway (Construction Work) 42113 Max 67% Foreign Capital Ownership
The Investment Coordinating Board of the Republic of Indonesia
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Presidential Regulation No 67/2005 jo No. 13/2010 jo No. 56/2011: Better Investment Climate on PPP ... (1)
Investment Policy and Facility
1. LIST OF
READY FOR
OFFER
PROJECT
Projects which are offered to the Business Entity and Foreign Legal Entity are:
arranged in a list of projects, and
if necessary, obtain any principle approval of support from the Minister / Head of the
Institution / Head of Regional and / or any principle approval of guarantee from
Indonesia Infrastructure Guarantee Fund (IIGF)
2. TENDER
PARTICIPANT
Tender participant and project initiator:
Business entity in the form of Indonesian Legal Entity and Foreign Legal Entity
Winning Bidder have to found a business entity in the form of an Indonesian Legal Entity
3. UNSOLICITED
PROJECT
PPP Infrastructure Projects which are initiated by a Business Entity and/or a Foreign Legal
Entity, which criteria are:
not included in the master plan in the project’s sector;
technically integrated with the master plan in the project’s sector;
economically and financially viable, and
does not require government support in the form of fiscal contribution (financial)
The Investment Coordinating Board of the Republic of Indonesia
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Presidential Regulation No 67/2005 jo No. 13/2010 jo No. 56/2011: Better Investment Climate on PPP ... (2)
Investment Policy and Facility
4. COMPENSATION FOR UNSOLICITED PROJECT
Providing additional value (a maximum of 10%), or
Right to match, or
Purchasing the Project initiative, including intellectual property rights
5. SUCCESS FEE
Costs incurred in the preparation of the PPP Project and within the procurement
planning and execution of Business Entity:
the cost of preparing pre-feasibility study and / or transactional fee until financial
close; and
reasonable remuneration, in terms of project preparation conducted by the
government agency / institution,
can be charged to the winning bidder and must be included in the public tender
document
6. LAND ACQUISITION
Procurement of land held by the Minister / Head of the Institution / Head of the
Region prior to the inclusion of tender document
7. LANGUANGE AND LAW
Partnership Agreement in Bahasa Indonesia or if needed, can be formulated in Bahasa
Indonesia and English
Applicable law: Indonesian Law
The Investment Coordinating Board of the Republic of Indonesia
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8. GOVERNMENT GUARANTEE
Government guarantees are:
- financial compensation and / or
- other form of compensation
given by the Minister of Finance through risk-sharing scheme, regarding the principles of management and control of financial risk in the state budget.
Government guarantees should be included in the public tender document.
Government guarantees in the form of financial compensation can be awarded by the Minister of Finance through PT PII (Indonesia Infrastructure Guarantee Fund – IIGF)
9. GOVERNMENT SUPPORT
Government support in the form of:
– Licensing
– land acquisition,
– partially support the construction,
– tax incentives,
– fiscal contribution in the form of financial and / or
– other forms
determined by the Minister / Head of Institution / Head of Regional Government
Government support should be included in the public tender document
Government support in the form of fiscal contributions should be listed in the state budget and / or regional government budget
Presidential Regulation No 67/2005 jo No. 13/2010 jo No. 56/2011: Better Investment Climate on PPP ... (3)
Investment Policy and Facility
The Investment Coordinating Board of the Republic of Indonesia
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Investment Policy and Facility
Article Issue Note
5 Land Procurement for developmeny
Related parties must relinquish their land when implementing land acquisition for public interest.
23 (1-5)
Short dispute settlement ( 3 months 14 days)
• If there is any objection, the related party can propose a lawsuit to the Local State Administrative Court at least 30 (thirty) working days since the issuance of the determination of the location.
• Administrative Court has 30 days to accept or decline the lawsuit. • Related party could propose cassation to the Supreme Court of the Republic
of Indonesia if they object with the decision of the Administrative Court within period of 14 days.
• The Supreme Court must give a decision in no later than 30 (thirty) working days.
47(1) Implementation of procurement for public purpose
The release of the land should be implemented not exceed 60 (sixty) days after the determination of the construction site
• One of the main challenge in the infrastructure project especially in toll roads, railways, and airports is the land procurement.
• Regulation on Land Procurement For Development (Law No 2 of 2012) which has been signed by President on 14 January 2012.
• Some of important issues are as follow:
Latest Development on PPP Related Policy: Law on Land Procurement
Indonesia Investment Update
Investment Opportunities
The Investment Coordinating Board of the Republic of Indonesia
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BKPM and PPP Investment Opportunities
BKPM is the Investment Coordinating Board of the Republic of Indonesia.
As the primary interface between business and government, BKPM is mandated to boost domestic and foreign direct investment through creating a conducive investment climate.
Restored to Ministerial status in 2007, and reporting directly to the President of the Republic of Indonesia, this investment agency’s goal is not only to seek more domestic and foreign investment, but also seek quality investments that reduce social inequality and unemployment.
The agency works as a proactive advocate for investments as well as a matchmaker for investors.
BKPM’s main duty based on Presidential Regulation No. 90 of 2007:
Coordinate policies and services in the field of investment under the provisions of the legislation.
BKPM Inclusion in PPP and Other Infrastructure Projects:
Based on the MoU between the Ministry of Finance, Head of Bappenas and Head of Indonesia Investment Coordinating Board, which established on 18 August 2010.
Based Presidential Regulation No. 12 of 2011 as the amendment of Presidential Regulation No. 42 of 2005, concerning the Committee for the Acceleration of Infrastructure Provision, established on 24 February 2011.
The Investment Coordinating Board of the Republic of Indonesia
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1. Packaging information on infrastructure projects that are ready to offer, so that the project attractive to investors, including setting:
a. PPP project that will be the pioneer project (showcase project) and a target completion of each showcase project until the obtainment of project’s funding (financial close)
b. action and role plan of each relevant stakeholders of the showcase projects.
2. Finding and identifying potential investors and offering infrastructure projects to investors.
3. Facilitating marketing of infrastructure projects that are offered through activities such as :
a. Market Sounding b. Road Shows c. Business Forum
4. Facilitating cooperation with prospective investors and
government support.
Based on MoU between the Ministry of Finance, Head of Bappenas and Head of Indonesia Investment Coordinating Board, BKPM task of accelerating the implementation of PPP infrastructure are as follows:
5. Delivering the list of potential investors and supporting documents to the person in charge of cooperation projects to the Ministry / Agency or Local Government (contracting agency) for further processing.
6. Facilitating issuance of necessary license and non-license in the implementation of PPP projects through One Stop Integrated Services for Investment (PTSP) in the field of investment.
7. Monitoring the implementation of action plans and targets of
each relevant stakeholders showcase project. 8. Coordinating settlement-related issues encountered
showcase project (clearing house agent).
BKPM As The Front Office: MOU Between MOF, Bappenas and BKPM Investment Opportunities
The Investment Coordinating Board of the Republic of Indonesia
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Potential Project
Ready for
Offer
Priority Project
Sector/ Sub-sector
Quantity Project Cost (US$ Million)
Air Transportation - -
Land Transportation
- -
Marine Transportation
1 36.00
Railways - -
Toll Road 1 628.00
Water Resources - -
Water Supply - -
Solid Waste and Sanitation
1 100.00
Power - -
Oil and Gas -
Total 3 764.00
Sector/ Sub-sector
Quantity Project Cost (US$ Million)
Air Transportation 1 214.00
Land Transportation
- -
Marine Transportation
- -
Railways - -
Toll Road 13 32,519.53
Water Resources - -
Water Supply 5 590.67
Solid Waste and Sanitation
3 150.00
Power 4 4,716.50
Oil and Gas
Total 26 38,190.70
Sector/ Sub-sector
Quantity Project Cost (US$ Million)
Air Transportation 3 1,140.00
Land Transportation
3 136.00
Marine Transportation
3 2,839.12
Railways 3 4,783.00
Toll Road - -
Water Resources - -
Water Supply 13 1,388.15
Solid Waste and Sanitation
2 203.00
Power 2 -
Oil and Gas - 1,762.00
Total 29 12,251.27
Source : PPP Book, Bappenas (2012)
Total (all PPP projects) 58 Projects US$ 51,205.97 million
Ready for Offer : Bidding Document has been completed, PPP procurement team has been established and ready to operate, procurement team has been established, procurement schedule has been defined, government support has been approved (if required)
Priority Project : Included in PPP Potential Project Plan, feasible (from legal, technical and financial aspect), risk identification and allocation has been identified, PPP mode has been defined, Gov’t support has been identified.
Potential Project : Conformity with the national/regional mid term development plan and the infrastructure sector’s strategic plan, conformity of the project’s location , linkage between the infrastructure sectors and the regional areas, cost recovery potential, preliminary study.
PPP Book 2012 : Ready for offer, Priority and Potential Project Investment Opportunities
The Investment Coordinating Board of the Republic of Indonesia
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Selected Projects – Ready to be tendered at the end of 2013 – 2014 Investment Opportunities
No. Projects GCA Investment Cost
(US$ million)
1 Cisamdawu Toll Road Ministry of Public Works/BPJT US$ 1,015 Million
2 Pandaan – Malang Toll Road Ministry of Public Works/BPJT
US$ 420 Million
3 Manado - Bitung Toll Road Ministry of Public Works/BPJT
US$ 353 Million
4 Kertajati International Airport Government of West Java
US$ 130 Million
5 Integrated Terminal Gedebage Railway Government of West Java
US$ 133 Million
6 Lamongan Regency Water Supply Government of Lamongan US$ 16.67 Million
7 West Semarang Water Supply Government of Semarang US$ 78 Million
8 Solid Waste Treatment & Final Disposal Putri Cempo, Solo Government of Solo US$ 30 Million
9 Karama Hydro Power Plant PT. PLN US$ 1,336 Million
10 Jambi Coal Fired Power Plant PT. PLN US$ 1,040 Millions
The Investment Coordinating Board of the Republic of Indonesia
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Showcase Projects 2010-2014 based on PPP Book 2010 by Bappenas
Investment Opportunities
North Sumatera
D.K.L. Jakarta
Central Java
East Java
Bali
Medan-Kualanamu –Tebing Tinggi Toll Road, North Sumatera
Umbulan Water Spring Project, East Java
2X1000 MW Coal Fired Power Plant, Central Java
Tanah Ampo Cruise Terminal, Bali
Soekarno Hatta Airport-Manggarai Railway Development, DKI Jakarta
: already tendered
: preparing to be tendered
The Investment Coordinating Board of the Republic of Indonesia
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Investment Opportunities: Indonesia Economic Corridors masterplan
Basically MP3EI is based on these strategic initiatives: 1. Encourage a large scale investment
realization in 22 main economic activities 2. Synchronization of national action plan to
revitalize the real sector performance 3. The development of center of excellence
in 6 (six) economic corridors Main strategy of MP3EI: 1. Economic potential development through
economic corridor 2. Strengthening the national connectivity 3. Strengthening national human resources
capability and science and technology
The Investment Coordinating Board of the Republic of Indonesia
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Source: Coordinating Ministry for Economic Affairs, 2011
Sumatera Corridor
Kalimantan Corridor
Java Corridor
Sulawesi Corridor
Papua – Maluku Corridor
“Supporting the National Service and
Industry"
'‘Gate of Tourism and Supporting Provider of National Food and
Agriculture''
'‘Central of Production and Manufacture of National Agriculture, Plantation,
Fishery, and Nickel Mining'' “Central of Production and Manufacture of National Natural and
Energy Resources"
“Central of Production and Manufacture of National Mining and Energy Resources" “Central of
Development of National Food, Fishery,
Energy, and Mining”
Bali - Nusa Tenggara Corridor
Investment Opportunities: main potential
The Investment Coordinating Board of the Republic of Indonesia
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Investment Opportunities: main economic activities
Main Economic Activity Sumatera Java Kalimantan Sulawesi Bali – Nusa Tenggara
Papua – Maluku Islands
Steel √ √
Food and Beverages √
Textile √
Transportation Equipment √
Shipping √ √
Nickel √ √
Cooper √
Bauxite √
Palm oil √ √
Rubber √
Food agriculture √ √
Tourism √
ICT √
Coal √ √
Oil and Gas √ √ √
Jabodetabek Area √
Sunda Straits National Strategic Area √
Defence Equipment √
Animal Husbandry √
Timber √
Cocoa √
Fishery √ √ √
The Investment Coordinating Board of the Republic of Indonesia
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CONSIDER Is it an open business field? What are the recommendation requirements? Is the proposed business field allowed to obtain fiscal facilities?
FILLING OUT OF APPLICATION
FORM Enclosing all required documents
SELF ASSESSMENT Check List
FRONT OFFICE Examination of the application form and
the attachments by FO Officer
APPLICATION RECEIVED Complete and correct
BACK OFFICE Process of Issuing the Approval/License
APPLICATION RECEIPT & PIN FOR
INVESTMENT TRACKING SYSTEM
APPLICATION RETURNED Due to incompleteness or incorrectness
with notes about the incomplete data, etc. ADMINISTRATION Administration of the
numbering of the
Approval/License
NO
YES
Investment Procedure
Mechanism for Approval and Licensing
The Investment Coordinating Board of the Republic of Indonesia
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41
Investor
Notary
Ministry of Law and
Human Rights
Registration License
Principle License
Implementation Permits 1. Location Permit 2. Building Construction Permit (IMB) 3. Nuisance Permit UUG/HO 4. Company Registration Certificate (TDP), etc.
Non-Fiscal Facility Producer Importer Registration Number (API-P) Fiscal Facility 1. Customs Facility Approval for Capital
Goods 2. Corporate Income Tax Facility Proposal
Business License
Investor Registration
Application for Principle License
Submission of the Company’s Deed of
Establishment (Articles of Association)
Submission of Certificate of Incorporation
Application for Business License
COMMERCIAL PHASE
PREPARATION PHASE
CONSTRUCTION PHASE
1 1a
Investor Registration
Investor Registration
1b
1c
2
4
3
5
6
7 Fiscal Facilities
Customs Facility Approval for Raw Materials
8
Investment Procedure
Investment Phase
The Investment Coordinating Board of the Republic of Indonesia