FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM

 
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FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
FREQUENTLY ASKED
QUESTIONSon InVestment
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
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
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
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     FAQ - FREQUENTLY ASKED QUESTIONS ON INVESTMENT

    BAHLIL LAHADALIA
         Chairman of Indonesia Investment
               Coordinating Board (BKPM)

                INDONESIA INVESTMENT          COORDINATING BOARD
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
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                                 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
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
CHAPTER I

Indonesia
FREQUENTLY ASKED QUESTIONS ON INVESTMENT - BKPM
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     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
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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
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     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
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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
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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.

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     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
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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
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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
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     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
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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
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     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
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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
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     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
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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
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     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
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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.

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     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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