Discussions

started by: smart-legal-933741 · last update: 1551158420 · posted: 1551158420

As a populous country, Indonesia offers an opportunity for many kinds of business sectors such as product and service. The industries are from mining to tourism. Therefore, setting up a PMA company in Indonesia may bring a big chance to gain great profit.  PT PMA allows the foreign entrepreneurs to conduct several activities such as:(1) Starting a business in Indonesia as a legal entity with the same right and responsibilities as other local company or PT(2) Joining and participating in all tender in Indonesia, and(3) Applying for a business license so they can conduct direct business like import, construction, manufacture and industry, and other services.  What is PT?PT or Perseroan Terbatas is a business corporation that has a legal entity owned by at least two people. In the PT, the shareholders do not have to lead the company because they can appoint another people. To establishing a PT, minimum capital and other terms and conditions are required. For foreigners, PT or a limited liability company (LLC) is organized by foreign nationals and capitalized with external funds. To start an operation, the LLC must complete series of registration and incorporation process.  The Steps in Setting Up a PMA Company in IndonesiaThe steps required for foreign direct investment as an LLC (PT PMA) are:Paying the bank for the clearance of the company nameNotarizing the company deed and documentsApplying for a deed approval at the Ministry of Law and Human RightsObtaining the Building Management Domicile CertificateApplying for the Certificate of Company Domicile,Paying the non-tax state revenue feeApplying for permanent business trading licenseObtaining company registration certificateRegistering at the Ministry of Manpower by submitting a manpower reportApplying for the social security, tax-payer registration number, VAT collection, and health care insurance.   PT PMA Organizational StructurePT PMA must consist of minimum two shareholders, which can be individuals or companies, foreigners or Indonesians. To conduct corporation legal activities, there must be at least 1 director in PT PMA and 1 Commissioner whose task is supervising the company activities.  Shares Ownership PercentageShares in PT PMA can be owned up to 100% by foreign investors. The ownership percentage of PT PMA varies to the company business sector, and the range is from 0% to 100%. The portion is accordant to the Daftar Negative Investment (DNI) or Negative Investment List maintained by Indonesia Investment Coordinating Board (BKPM). In 2016, President Joko Widodo signed the renewal regulation of the DNI.  PT PMA Investment PlansFor the Investment Plan, investors must submit it to the BKPM before they incorporate a PT PMA in Indonesia. The Investment Plan is the PT PMA business plan after the investors get the approval to establish a company in Indonesia.After the Investment Plan is realized, PT PMA is allowed to apply for Permanent Business License (Izin Usaha Tetap or IUP) after the particular period (1-5 years, depending on the business sector). BKPM sets the Investment Plan to be above IDR 10,000,000,000, which equates to approximately USD 1,000,000, depending on the exchange rates.  The Capital and License RequirementsThe Minimum Capital Requirement for a PT PMA is IDR 10,000,000,000, which 25% is deposited as the paid-up capital. The License Requirement is specific to each industry sector. Some activities may require a certain license or technical recommendation.In US dollar, the amount of cost involved may change because of the rates. Therefore, it is suggested to find out detailed information before moving to the next stages in setting up a PMA company in Indonesia.  HOW CAN SMART LEGAL CONSULTING HELP YOU? SMART Legal Consulting is an Indonesian Corporate Legal Services firm. We assist investors in establishing their business in Indonesia through various forms of investment, including setting up Perseroan Terbatas (PT), both local PT and PT PMA. Our knowledge, experience, and connections makes us the law firm to be your legal partner in Jakarta, managing your investments in Indonesia. If you have any questions about PT PMA or require further consultation and assistance, you can arrange a meeting with SMART Legal Consulting at:E:  slc@smartlegal.idH: +62821-1234-1235

started by: indonesia-business-info · last update: 1517481561 · posted: 1517481561

Indonesia is one of the world's current growing economy which attracts investors to do the business in the country. There are two forms of investment a foreign investor can take in Indonesia; those are by establishing a foreign-owned company or a representative office. Unlike the latter, a foreign-owned company has full rights to run a business in Indonesia as stated in the licenses.Before running the business, it’s important to follow the procedure of foreign-owned company registration (PT PMA) in Indonesia. The registration is regulated formally under Indonesian law so that one must comply with it. Here is the procedure to follow.·         Register to Indonesia Investment Coordinating BoardForeign-owned company registration (PT PMA) in Indonesia must be done through the Investment Coordinating Board, either through their office or online application—known as SPIPISE. The investment value must be a minimum of IDR10 billion except the land, building, and inventory. Moreover, you must pay attention to how much foreign capital is allowed in the company. The precise percentage of foreign capital depends on the business sector, in which some sectors can be 100% owned by foreigners while some others are limited to 49% or more. This capital shares must be settled before you register the company.For the registration, the investors or their legal representative must fill the registration form and attach the necessary documents, such as the investors’ copy of passport, Article of Association, Deed of Establishment, and registration letter with stamp duty and signature.·         Obtaining Principle LicenseAfter you register your company in Indonesia, you can’t start the business right away but need to obtain principle license. If the company is new—not a transformation from Indonesian-owned company to PT PMA—you also need to obtain the necessary documents to run the business. The documents include investment license, permit to hire foreign workers, and Tax Identification Number (known as NPWP).Principle license is valid for a certain period, and the PT PMA must finish the said investment within that timeframe. If it has not, you need more than just foreign-owned company registration (PT PMA) in Indonesia but also principle license extension as late as 30 days before the license expiration date. ·         Obtaining Business LicenseA business license is another permit a PT PMA must obtain before doing their activities in Indonesia. The license is specified for certain activities which mark the scope of works a PT PMA can conduct in Indonesia. An exception exists for PT PMA which works in construction in specified regions regulated by Indonesian law. For such company, after getting a principle license, a construction can be started right away. Other necessary licenses can be obtained at the same time as the construction process.Even though foreign-owned company registration (PT PMA) in Indonesia seems to need many licenses and requirements, the registration process does not take too long. Each license can be obtained within 5 working days or less. For a company with minimum investment at IDR100 billion, there is a quick process called 3-Hours License Service. Within 3 hours, you can register a PT PMA and obtain all necessary licenses so that your business in Indonesia can start as soon as possible.Source: Smartcolaw 

started by: indonesia-business-info · last update: 1517481100 · posted: 1517481100

When an inventor creates a product that has not been invented before, that particular inventor has a right to put a unique sign—in symbol or name—and register his product to the competent authorities. It is intended to protect the invention, so that other people cannot legally use the product in question.The term for the unique sign of a product is called ‘trademark’.  Trademark serves as a distinguishable feature of goods or services which indicate their origins and sources. Trademark registration in Indonesia is a required step for those who have invented new products and wanted to commercialize them. In the country, trademark registration is placed under the authority of Directorate General of Intellectual Property, Ministry of Law and Human Rights. The advantages of trademark registrationThe product inventor or owner who registers the trademark will get several advantages. When a legal entity of the trademark has been given to the product, its owner will automatically gain the usage priority and will be protected against any law violation or infringement. Additionally, since the trademark is a considerable reputation for a product, it will add the product’s value and prospect. The criteria for trademark registration in IndonesiaAccording to the Indonesian law, a trademark is considered acceptable if it is made in the form of a name, a word, a picture, a sound, a hologram, composition of colors, or three-dimensional representation. The combination of those elements is also approved by the law. The point of such criteria is to ensure that the product whose trademark will be registered can be specifically distinguished from other products.Moreover, the authority will only approve trademark registration for products that meet the following criteria.1.      The product does not belong to the public property.2.      The product does not include a descriptive statement of its goods and services.3.      The product is not opposing the prevailing law, religious belief, public order, as well as decency and morality standard.4.      The product does not provide misleading information about its intended use, origin, type and quality when its trademark is registered.5.      The product’s name does not have similarities with well-known individuals or corporate, geographical sign or indication, symbols and elements of a particular country (name, flag, emblem, and abbreviated name), or other products whose trademarks have been previously registered.How to register a trademarkThe process of trademark registration inIndonesia consists of three steps. The initial step is filing the application of trademark registration while being accompanied by an appointed consultant of Intellectual Property Rights. Secondly, the trademark authorities will organize a process called trademark search to make sure that the registered products or services meet the trademark registration criteria. Lastly, for a final process, formal examination and substantive review will be conducted. During the process, those who register the trademark will be charged for Pre-filing Search, Registration Request, and Registration Certificate. The amount of the fee varies according to the types of products or services that want to be registered.After the application is submitted, it will take roughly 20-24 months until the trademark is officially registered. However, the approximate time might take longer than usual if the Trademark Office raises additional objections or if there is any third party which opposes the registration. When the application process has been completed, trademark registration in Indonesia will last for ten years and should be renewed within six months before the expiration date.Related: Indonesia's New Copyright Law, A Great Way To Deal With Copyright InfringementSource: bplawyers.co.id

started by: indonesiago-digital-918433 · last update: 1516764395 · posted: 1516764395

Do you like to eat out? Or consider starting up a restaurant? If your answer is the latter, then there are several things you need to know about how to set up a restaurant in Indonesia. Just like two sides of a coin, setting up a restaurant in Indonesia can be tricky. However, if you master the tricks, you will find a way to be a new millionaire. How? Based on data from McKinsey Global Institute, although Rupiah has weakened, the level of consumption is getting stronger. There are approximately 90 million Indonesians – of mostly middle class – who are currently joining the consuming class. These people will spend a lot on the malls, hotels, restaurants, and other kinds of retails. This is why many successful restaurateurs in Indonesia have enjoyed their unlimited passive income now.  How to set up a restaurant in Indonesia?Before you decide to run a business in the restaurant industry, you have to answer the following questions: Are you good enough at cooking? Or do you at least have the passion for food? Have you prepared a business plan for your new restaurant? Have you learned enough about restaurant industry? Have you found a strategically located place with good atmosphere for your restaurant? Do you have any resources such as capital and staff (waiters and chefs) to start your restaurant with?Write down your answer and start working. However, after this step, you will have to get through some more procedures of how to set up a restaurant in Indonesia.  The next step: getting a licenseIn Indonesia, a business that involves food and beverage such as restaurants, cafés, catering services, bars, food stalls, etc. is considered as tourism business. This has been regulated in the Ministerial Regulation of Tourism and Culture Ministry, No. PM. 87/HK.501/MKP/2010. Therefore, every food and drink service business including restaurants must obtain a license/permit before they begin operating by applying for registration to the local government’s agency of tourism and culture and getting your restaurant included in the tourism business list. It usually takes place at the mayor or regent office.Note that before you get your permit in the tourism business, your restaurant has to be registered as a Limited Liability Company/LLC (in Indonesian: Perseroan Terbatas/PT) in Indonesia and Foreign-owned LLC (PT. PMA or Penanaman Modal Asing) for foreigners who also start up their restaurants in Indonesia. Is there any other requirement?Speaking of documents, the required documents that should be submitted to get a license to run your own restaurant are:-           Application form (provided by the local government’s agency of tourism and culture)-          4R-sized photograph of the location and the building of your restaurant (including each room inside)-          Copy of your ID card/passport-          Your company’s taxpayer registration number (NPWP)-          Your company’s Articles of Association-          Building permit (Izin Mendirikan Bangunan or IMB)-          Report of the Environmental Impact Analysis (Analisis Dampak Lingkungan or AMDAL), and Law of Disturbance (Undang-Undang Gangguan).  In addition to that, you also need to obtain other types of license based on the services or products you may offer in your restaurant, such as a Permit for Alcoholic Beverage Trading (Surat Izin Usaha Perdagangan Minuman Beralkohol or SIUP-MB) if your restaurant serves liquor to customers. You will also need a license from a label record or other authorized parties related to music if there is live music or pre-recorded music as an entertainment in your restaurant. So, have you got enough information on how to set up a restaurant in Indonesia? Let’s get to work, then. Good luck! Sources: Smart Legal Consulting Indonesia

started by: Delmas-Smith-914636 · last update: 1510667723 · posted: 1510667723

I was offered a contract several months ago that I had signed saying I will be an employee for 12 months. A new academic advisor was hired and we didn't see eye to eye and pissed me and o said I will quit (long story short) but o never actually signed anything and now my employer said she took me seriouslyand said I am fired now... what do I do?  I work all this time waiting on my work visa that was never provided and then new academic advisor kept insisting I make a kitaps which would take more the the few weeks left on my kitas to get one so o said no I'll just have the work permit that the school will provide. Now I'm at the last minute trying to get my kitas now because they decided they don't won't me working for them anymore.  Unsure what to do 

started by: Saskia-Sibo · last update: 1465874409 · posted: 1465742199

Is yourwallet suffering from your regular movie and dinner dates? If so, then it’stime to find new and exciting ways to spend time with that special guy or gal!Here are 7 fantastic ideas for cheap but romantic dates:1. CookTogetherYouknow what they say: the way to a man’s (or woman’s) heart is through his or herstomach! Skip the expensive meal at a restaurant and whip up somethingmouth-watering in the kitchen with your date. The great thing about cooking isthat you can be as adventurous as you can be! You could try cooking something“exotic” that you’ve always wanted to try or cook up a complete meal. Searchingfor that all-important ingredient from a specialty grocery or shop can also befun on its own!2. TryCraftingRememberhow much fun you had as a kid during craft time at school? Relive the fun andtry your hands again at crafting. There’s so many craft ideas that you can getfrom the Internet. You and you’re your date can try origami, paper craft, orpapier-mâché. Or, surprise her by creating a whole bunch of paper cranes andleaving it at her office desk.3. Runor Exercise TogetherRunningis one of the simplest forms of exercise. Ditch the pressed polo shirts anddresses that you usually wear on your dates in favour of comfy shorts, a lightshirt, and your sneakers. Find a jogging route near where you live and run for30 minutes or more. Both of you can enjoy the endorphin boost you’re sure toget after running. You could discover cheap spots to eat when you run so that’sanother bonus to this date idea.4.Spend a Night under the StarsSure,you could use your credit card to book a hotel room for you and your wife orhusband but if you want to spend a night under the stars, then pitching a tentis your best bet. Find a beach or hike up a mountain to pitch your tent, lay amat outside, wait for shooting stars, and you’ve got the recipe for one of themost romantic dates ever!5.Movie or TV Series MarathonsMaximiseyour broadband plan and stay home with your date this weekend instead of goingout. Go on a TV series marathon or movie marathon. You won’t have to deal withlines, sticky floors, and overpriced popcorn for this movie date!6.VolunteerThereare many organisations that could use some help and if you and your date areinclined to, then try volunteering. Pick one closest to your heart—i f you’repassionate about protecting the environment, you can find an organisation thatneeds help planting trees. Spending time together volunteering can do a worldof good not just for your relationship but for others as well.7. Goon a Treasure HuntNo, youdon’t need a peg leg, hook for arms, and a parrot on your shoulder to go on atreasure hunt. For this adventure, you’ll need a GPS tracker but since mostphones these days have GPS receivers, then all you need is to download a freegeocaching app to your smartphone. What’s great about this activity is thatmany “treasures” can be found by answering some riddles  so you and yourdate can have fun deciphering these riddles and finding small, hidden objectseven in the heart of Jakarta!

started by: Kyong-Zoo · last update: 1433403453 · posted: 1389796756

do you know any english speaking notary that can help me buy a house? better if he speak korean and can translate everything i need. i want to buy a house and i do not know the procedure in indonesia. now i have indonesian wife but i want it under my name. i am still south korea nationality, it is possible? thank you.

started by: Van Hook · last update: 1427795122 · posted: 1427795122

Hi all, This may well have been circulating in a lot of the local English-speaking media and newspapers, but anyway I'd like to share this. The regulations allow for visa free facilities for citizens of the 30 countries listed in this article: which includes several of the EU countries. Glaringly absent is neighbour Australia; and even though the authorities vehemently deny this, many suspect it has to do with worseing relations of late on account of the Bali 9 controversy (if you're not familiar with it, just google and you will find out more). Anyway...let's hope this facility will also be coupled with better services for those foreigners actually planning to stay longer term in the country. I've spoken to many European friends, esp. from Spain, Portugal, Greece and Italy that have expressed interest in eventually moving and living here. Primary reason is the huge potential they identify in this country, and the relatively good climate all year around, which beats places in the northern part of Asia like China.    

started by: Mario-884284 · last update: 1427275297 · posted: 1420492836

Hi everyone, I want to keep the users here up to date with the plan by the Ministry of Manpower to oblige foreigners working in Indonesia to demonstrate a level of Bahasa Indonesia language proficiency as part of the requirements for working legally in Indonesia. The plan is supposed to be applied in February onwards. There will also be aome stipulations to document the paperwork through an online system. We found an excellent article explaining this. Please follow this link: http://jakarta.coconuts.co/2015/01/05/new-manpower-law-would-force-foreigners-take-indonesian-language-proficiency-tests

started by: Mario-884284 · last update: 1422885233 · posted: 1422363560

Hi, There might be many of you unaware that on 31 December 2015, the ten countries that comprise ASEAN (The Association of South East Asian Nations) will commit to an ASEAN Economic Community, bringing increased levels of free trade, movement of capital, and skilled labour across the member states. ASEAN comprises of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), the Philippines, Singapore, Thailand and Vietnam. The Ministry of Foreign Affairs site has a link to the ASEAN Communications Master Plan. Should you wish to know more, please also visit the ASEAN website.

started by: phenom_enal · last update: 1422870189 · posted: 1421574586

I read on the Sydney Morning Herald that the Indonesian govt has just executed several people on drug-related crimes. Aside from drug offences what else is subject to capital punishment in Indonesia?

started by: hannahvd · last update: 1422020695 · posted: 1421315519

I read somewhere on this forum that there could be Indonesian language requirements for working in Indonesia. Does anyone know what the parameters are? I'd like to look for an Indonesian language tutor to come maybe 2x a week and teach me some conversational Indonesian for about 1.5 hours each time.        

started by: candy-kingdom · last update: 1416745121 · posted: 1416574285

Hi guys, I was wondering if someone can shed some light on the tax terms PKP and non-PKP. I know one is for subject to value added tax and the non is exempted. But what are the circumstance for this, and how does an organization (a company or a foundation) fall under the latter category? Would there be any other taxes that are incurred if a legal entity becomes non-PKP?  

started by: Mario-884284 · last update: 1415815656 · posted: 1415750890

Hi everyone, I am posting on the Forum a very insightful speech by Indonesian President, Joko Widodo at the 2014 APEC CEO Summit which is taken from Youtube. In it, he speaks in plain terms, his vision for inviting businesspeople and investors to Indonesia, for the various opportunities that can be made with the different infrastructure projects and initiatives of his administration. The interesting part, is his commitment to push local government at provincial and lower levels to support in facilitating business permits and support those who want to invest in the different regions. I think he will back up those words and be able to do so more effectively than previous administrations.  

started by: PetrPerov · last update: 1407329013 · posted: 1386330183

Does any of you know any information regarding Foreign Investment in Indonesia? What should be provided and also the terms and conditions? -Thank you-

started by: Twinky-922967 · last update: 1402336678 · posted: 1378983100

Planning to start clothing business in Jakarta, I'm going to need a business and financial consultant for all required bureaucracy. Trying to browse about the business consultant with Mr. Google, and found Boston Consulting Group to be a potential consultant for my future business. How prestigious is it? Frankly, I never heard about it that's why I need another opinion.  

started by: Mario-884284 · last update: 1395599783 · posted: 1388146965

Hi friends, Noticing that there have been some enquiries on specific legal advice. We had a submission from one of the lawfirms in Jakarta, TNR (Taji Sianturi & Rekan), that we have since updated on our Lawyers, Lawfirms & Legal Advice Listing. I noted that they maintain quite a comprehensive blog on different legal topics such as litigation, contract law, company law, marriage and divorce proceedings, oil & gas industry, security, shipping and telecommunications. I've not seen this level of free advice given on Indonesian legal topics online before. So for those readers who might want to do some basic research, in addition to our relevant INFOrmation pages, I would recommend this too for starters.   Regards Mario  

started by: Lech Koslowski · last update: 1393886260 · posted: 1380717360

Hi, Being a resident in Jakarta, I am subject to Indonesian taxes. While my home country is part of the EU and we have a tax treaty with thus country, I am not satisfied with the amount and types of tax-deductible items claimed by our appointed tax consultants at work. Does anyone know a good tax consultant that is familiar with German tax law yet is coming at a reasonable rate. I tried looking one up on the listing here, but none has a good grasp of the tax laws back home to maximize my deductible income. Any leads are appreciated!

started by: Van Hook · last update: 1392829066 · posted: 1392035280

Do you have any references of good part-time auditor in Jakarta? Someone that has experience with NGO sector and native bahasa speaker (must be able to speak English too). Or any recruitment agency that can help me with this? I prefer male. 

started by: angel_in_e · last update: 1392588505 · posted: 1379337097

Just wondering what it takes to open a bank account for expatriates? I might need to have a local bank account for some works i'll have next month. If it's too complicated then i prefer to have it cash.   Thank you!

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