Doing Business in Indonesia: Legal Challenges Every Foreign Investor Should Know (Part 2)
Doing Business in Indonesia: Legal Challenges Every Foreign Investor Should Know (Part 2) “Licensing remains a key part of the Legal Challenges Every Foreign Investor faces in Indonesia, where complex regulations and bureaucracy demand careful legal preparation. Success depends on expert guidance and strong local compliance.” Licensing Maze, How Bureaucracy Can Block Your Business in Indonesia You’ve got a great product, a reliable local partner, and funding ready to go. You even found a perfect location. But just as you’re about to launch, a government officer says: “Sorry, your license is incomplete.” Or worse “You’re missing the wrong type of license.” Licensing is one of the most confusing and frustrating challenges for foreign investors in Indonesia. The country has made significant improvements through Online Single Submission (OSS) and the Omnibus Law, but the reality on the ground remains complex especially for newcomers unfamiliar with overlapping regulations, sector-specific rules, and bureaucratic bottlenecks. Indonesia’s business licensing regime involves multiple layers of regulation, including the Central Government, Regional Governments, and Sectoral Ministries. Although the OSS system was…
Read MoreForeign Investors Legal Challenges in Indonesia: Practical Guide for Foreign Investors in Indonesia (Part 1)
“Foreign Investors Legal Challenges in Indonesia, like land ownership disputes and challenges with local partners that often lead to prolonged litigation. It also provides practical guidance for foreign investors to avoid legal pitfalls and protect their investments in Indonesia.” Land Ownership Disputes, Why Foreign Investors Often Get Burned in Indonesia Indonesia, with its booming economy, stunning landscapes, and strategic location, has long attracted foreign investors, especially in sectors like tourism, manufacturing, and real estate. But there’s one recurring legal pitfall that continues to frustrate even the savviest foreign players: land ownership. Under Indonesian law, foreign individuals and entities cannot own land outright. This is often surprising to investors who come from countries where land ownership is straightforward. In Indonesia, foreigners can only hold “Right to Use” (Hak Pakai) or “Right to Build” (Hak Guna Bangunan), and even that must be done through a company structure like a foreign investment company (PT PMA) or under long-term lease agreements. Many investors fall into trouble when they try to bypass the law by using local nominees. The…
Read MoreKnow These Provisions to Become Best Foreign Director in Indonesia: 2025 Legal Do’s and Don’ts (Part 3)
Know These Provisions to Become Best Foreign Director in Indonesia: 2025 Legal Do’s and Don’ts (Part 3) “To become the best foreign director in Indonesia, it is essential to pay attention to what is allowed and not allowed according to the applicable regulations.” Indonesia is one of the largest economies in Southeast Asia. In an effort to increase foreign investment, the Indonesian government provides opportunities for foreign workers, including foreign directors, to work in companies operating in Indonesia. The employment of foreign directors in Indonesian companies has various implications, both in terms of regulations and economic and social impacts. Furthermore, in the era of globalization, many companies in Indonesia appoint foreign directors to lead operations and business strategies. The presence of foreign directors in Indonesian companies offers significant benefits, including knowledge transfer and enhanced international competitiveness. However, they must understand and comply with the applicable legal regulations and carry out their duties with full responsibility to ensure that the company operates optimally and sustainably. Read More: Foreign Individuals as Directors in Indonesia: 5 Points Legal…
Read MoreCompany with Foreign Directors: 5 Points Legal Dos and Don’ts of 2025 (Part 2)
Company with Foreign Directors: 5 Points Legal Dos and Don’ts of 2025 (Part 2) Currently, more and more companies in Indonesia are recruiting foreign directors to run their businesses. This is driven by the need for experience, expertise, and international business networks that foreign professionals can bring. However, although the presence of foreign directors offers many benefits, there are several regulations that must be considered regarding their authority and limitations in managing a company in Indonesia. By understanding what foreign directors are allowed and not allowed to do, companies can maximize their expertise without violating the applicable regulations in Indonesia. In Part 2 of this article, we will continue discussing what company with foreign directors in Indonesia are allowed and not allowed to do. Read more: Foreign Individuals as Directors in Indonesia: 5 Points Legal Do’s and Don’ts of 2025 (Part 1) 1. Prohibitions in Appointment of Foreign Individuals in Indonesian Company (PT) Foreign individuals cannot be hired by individual employers/businesses. Foreign individuals cannot be hired for multiple positions (rangkap jabatan) in the same Indonesian…
Read MoreForeign Individuals as Directors in Indonesia: 5 Points Legal Do’s and Don’ts of 2025 (Part 1)
Foreign Individuals as Directors in Indonesia: 5 Points Legal Do’s and Don’ts of 2025 (Part 1) “Understanding the powers and restrictions of foreign directors in Indonesia is very important to maintain the continuity of company activities.” With globalization, more multinational companies are operating in Indonesia. For management and operational purposes, it is getting increasingly common for foreign individuals to be appointed by the stakeholders to sit in the Board of Directors of companies in Indonesia (PT). It is highly important for foreign individuals who are appointed as Director of companies in Indonesia, as well as for the companies who have foreign individuals as members of their Board of Directors, to pay close attention and comply with Indonesian laws related to corporate structure and board appointment. Even in 2025, the presence of foreign individuals in companies in Indonesia is still a sensitive matter. Having foreign professionals in the structure brings significant benefits to the company, such as knowledge transfer, global experience, and new perspectives that can drive innovation and efficiency across various sectors. However, such…
Read MoreExpanding Business to Indonesia: Do You Really Need to Establish an Indonesian Company?
Expanding Business to Indonesia: Do You Really Need to Establish an Indonesian Company? Compared to its Southeast Asian rivals, establishing an Indonesian Company, or famously referred to PT (pronounced “pee-tee”) short for Perseroan Terbatas (Limited Liability Company) requires a lot more funds to invest, especially if there is a foreign citizen and/or foreign entity/company involved in directly owning the shares in that Indonesian Company. This is because an Indonesian Company that is foreign-owned is required to inject at minimum IDR10 billion Rupiah paid-up capital. While the establishment can be completed before the cash is fully injected (after all, that cash needs to go to the Company bank account and the Company can’t open a bank account when it doesn’t exist yet), the minimum IDR 10 billion Rupiah will be recorded as the liability of the shareholders to the Company, as long as they have never injected it to the Company. Read also: Corporate Social Responsibility Obligation for the Company For big businesses such as manufacturing or construction, such requirement may not be a big hurdle.…
Read MoreCan an Intellectual Property that has been protected by Copyright be registered as Trademark in Indonesia?
Protection of Intellectual Property or IP is one of the essential assets for entrepreneurs and enterprises in running their businesses. This is because ownership of a protected IP can protect the owner’s rights and support the business activities related to the use of such IP, even products in the business activity itself. IP protection in Indonesia has been accommodated in various kinds of laws and regulations, with different mechanisms in each type. For example, the protection of IP is in the form of trademarks (merek) and copyrights (hak cipta), each protected by separate applicable laws and regulations. However, can an IP that has been registered as the object of copyright protection, be registered as a trademark as well? Trademark Based on Article 1 Number 1 of Law Number 20 of 2016 concerning Marks and Geographical Indications (Law No. 20/2016), a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color composition, in the form of two-dimensional and/or three-dimensional, sound, hologram, or a combination…
Read MoreUnderstanding the Concept of Public-Private Partnership
Understanding the Concept of Public-Private Partnership In implementing government activities, the government often encounters budget constraints, especially in infrastructure development. To overcome this, the government can cooperate with private business entities to work on an infrastructure development project. This is a public-private partnership, while in Indonesia, this practice is known as Government and Business Entity Cooperation (PPP). Regulations related to PPPs are regulated through Presidential Regulation Number 38 of 2015 concerning Government Cooperation with Business Entities in the Provision of Infrastructure (Perpres No. 38/2015). Article 1 Number 6 Presidential Regulation No. 38/2015 explains that: “PPP is a collaboration between the government and Business Entities in the Provision of Infrastructure for the public interest by referring to the specifications that have been previously determined by the Minister/Head of Institution/Head of Region/State-Owned Enterprises/Regional Owned Enterprises, which partly or entirely using the resources of the business entity by taking into account the sharing of risk between the parties.” Furthermore, it should be noted that in PPP, the government has a big role, so the party who acts…
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