A. New Domestic Capital Investment 

1. Enclosures Application : Domestic Investment

1. Identity of Application :

a)      Record of Incorporation Deed and its amendment thereof for PT, CV, Fa; or Record of Articles of Association for Cooperative Corporate Body;

b)      Record of Ratification for Articles of Association of PT Minister of Justice and Human Rights or Ratification of Articles of Association of Cooperative Corporate Body by the competent agency;

c)      Record of Resident Identity Card for Individual;

d)      Record of Taxpayer Registration Number (NPWP).

1. Remarks on activity plan for :

a)      Flow chart and description on production process and mention type of special standard materials for processing industry;

b)      Description on business activity in the service sector.

1. Mining Consession or Regional Mining Permit still applicable (for operation of mining business in domestic investment) or recommendation from the relevant government agency if required. In case of recommendation is unavailable, company may file application for investment to BKPM by attaching for recommendation to technical agency againts the receipt of such application.

Furthermore, BKPM will send a letter to technical agency regarding the recommendation. And if within at most 17 (seventeen) business days that the recommendation is not yet issued or no response, BKPM will process and then issue Approval of the relevant investment. Especially for line of  business and catching fishery, recommendation from Minister of  Maratime and Fishery continues being necessary before BKPM issues Approval of Investment.

1. Power of attorney with duly stamp, if the signature and/or managing application is not made by individual applicant.

B. New Foreign Capital Investment

2. Enclosure Application : Foreign Investment

1. By Foreign Participant :

a)      Articles of Association of the Company in English or Indonesian; or

b)      Copy of valid passport for foreign individual

or

            By Existing Foreign Direct Investment Company (PMA)

a)      Articles of Association of the Company and any amendment(s)

b)      Approval from Minister Law and Human Rights

c)      Tax Registration Code Number (NPWP)

d)      Copy of Investment Approvals (SP/IUT BKPM)

1. By Indonesian Participant :

a)      Articles of Association of the Company and any amendment(s) and Approval from Minister of Law and Human Rights, or

b)      Identity Card for Individual

c)      Tax Registration Code Number (NPWP)

1. By Newly Incorporated Foreign Direct Investment Company (PT.PMA)

a)      Articles of Association of the Company

b)      Approval from Minister of Law and Human Rights

1. Flowchart and description of the production process and raw materials requirement for processing industries or description/Explanation of business activities for services sector.
2. Letter of recommendation from the technical ministries or other related government agencies concerned, if required.

If the recommendation is not available yet, the company may submit the investment application to BKPM enclosing copy of recommendation letter application to technical ministries or other related government agencies including the receipt from the latter agencies. BKPM will send a letter to the latter agencies regarding the recommendation application from the company, and if within 17 (seventeen) working days there is no response or recommendation, BKPM will process and issue the investment approval. Particularly for Capture Fisheries, recommendation letter from the Ministry of Marine Affairs and Fisheries is still needed before the Investment Approval Letter issued by BKPM.

1. Power of Attorney to whom who sign and/or submit the application if the participant(s) are represented by another party.

3. Enclosures Application : Establishment of Representative Office in Indonesia

 Letter of appointment from the parent company.

1. Power of Attorney to sign the application if the participant is represented by another party
2. Articles of Association of the parent company and any amendment(s).
3. Copy of valid passport (for foreigner) or copy of identification card number (for Indonesia) who will be proposed as a Representative Excecutive.
4. letter of statement concerning the willingness to stay, and only work in the position as the Representative Office Executive without doing other business in Indoensia.

4.      Enclosures application : Business Permit/Permanent Business Permit In the framework of foreign/Domestik Invesment

 1.      Record of incorporation deed & amendment and ratification/approval/receipt of report from Ministry of Justice and Human Rights.

2.      Land control/use evidence in the name of company :\

-         Record of Ownership Cerfiticate to land (HGB or HGU or Use Right) or land purchase agreement by Conveyancer, or

-         Record of land lease agreement

3.      Building control/use evidence :

a.       Record of Building Permit, or

b.      Record of purchase/lease agreeement of buildings, or

c.       Other legal evidences.

4.      Record of NPNW

5.      Record or Nuisance Law Permit (UUG/HO for line of business other than commercial and consultancy service, except so required by AMDAL. Record of Business Permit (SITU) for commercial an consultancy services

6.      Record of approved Environmental Management Plan (RKL) AND Environmental Monitoring Plan (RPL) for company of which business activity shall conduct Analysis on Environmental Impact (AMDAL) or Document of Environmental Management Effort (UKL) and Environmental Monitoring Effort (UPL) or Environmental Management Statement (SPPL) for the company or which the business shall not be obliged to conduct AMDAL.

7.      Record of PMA (Foreign Investment) / PMA (Domestic Investment) approval owned.

8.      Record of Permanent Business permit (IUT) owned (application IUT for expansion/Merger/Acquisition of status)

9.      Duly stamped power of attorney, if the signing and/or managing application that is not conducted by personal reguester.

10.  Record of LKPM-L 1 in the final semester.

11.  Other requirement as provided in Approval and/or List of Conditionally Open line of business (Presidential Regulation Number 111 of 2007 or its amendment thereof)

5.      Enclosures  Application : statement of Production Commencement (For Industry Located Ind Industrial Zone)

1.      Record of Incorporation deed already ratified by Minister of Justice an Human Rights and its amendments thereof, Record of Articles of Association of Cooperative already legalized by State Minister of Cooperative an small and medium Business.

2.      Duly stamped Power of Attorney, if the signing an/or managing application is not conducted by the applicant.

3.      Record of SP PMDN or SP PMA along with the amendments thereof.

4.      Record of Report on Investment Activity (LKPM)

5.      Other requirement as provided in Approval and/or List of conditionally Open Line of Business (Presedential Regulation Number 111 of 2007 or its amendments thereof)

 

6.      Enclosures  Application : Expansion in The Framework of Domestif Investment

1.      Record of IUT or BAP, expansion project so requested is different with site, or different with line of business and/or type of production with previous project.

2.      Description on production proses/wxpansion business activity for not similar to line of business with that of called in IUT/BAP in the previous proect, completed with :

a.       Process flow chart and descriptions on production process and type or standard/supporting standard for treatment industry, or.

b.      Description on business activity for line of business service.

3.      Record of LKPM in the last period and Apporval of BKPM.

4.      Mining Concession of Regional Mining Permit still valid (for mining business activity in the framework of domestic investment to BKPM by attaching application for recommendation to technical investment agency along with application receipt. Furthermore BKPM will send letter to technical agency regarding the recommendation and if within at most 17 (seventeeen) working days of such recommendation is not issued or no response, BKPM will process an issue the relevant investment Approval. Especially for line of business on catching fishery, recommendation from Ministry of Marine and Fishery remains being required before BKPM issues Investment Approval.

5.      Duly stamped Power of Attorney, if signing and/or managing Application is not made by the applicant.

 

7.      Enclosures  Application : Expanded Foreign Investment

1.      Record of IUT or BAP, except if expansion project so requested is different with site, or different with line of business and/or type production with previous project.

2.      Description on activity for lines of business not similar to those of called in IUT/BAP in the previous project.

a.       Flow chart and descriptions on production process and list processing industry, or.

b.      Description on business activity in service sector.

3.      In case of changed shares, company shall submit :

a)      Agreement to change of the shares in the form :

-         Minutes of Genberal Meeting of Shareholders (RUPS)/Circular Resolution/Agreement of the Shareholders, signed by all shareholders and acknowledge by notary public, or.

-         Statement of Meetng Resolution/Minutes of Meeting in the form of Notarial Deed.

b)      For new shareholders :

-         Valid incorporation deed of foreign company or passport record for foreign individual.

-         Incorporation deed and NPWP for the company of Indonesia participant of KTP and NPWP For Indonesia individual

4.      Recommendation from the related Government Agency, if required. In case of recommendation is unavailable, company may file application for recommendation to technical agency along letter to technical agency regarding the said recommendation an if within at most 17 (seventeeen) working days, the recommendation is not yet issued or if response is unavailable, then BKPM will process and issued the relevant Investment Approval. Especially in the line of business of catching fishery, recommendation from Ministry of Marine and Fishery remans being required before BKPM issues Investment Approval.

5.      Record of the last period LKPM, NPWP, Approval of BKPM, Incorporation Deed of Company along with its amendments thereof and ratification from Minister of Justice and Human Rights.

6.      Duly stamped Power of Attorney, if signing and/or managing Application is not made by the applicant.

8.      Enclosures for Application : Change of Provisions in Investment Approval

1.      Report of Investment Activity (LKPM) in the last peroid

2.      Record of Approval / IUT BKPM

3.      Change to Land Site and Use;

-         Reason for change of site;

-         Reason for change of land use;

1. Change to Line of Business and Type/Production Capacity;

-         Flow chart and descriptions on production process and mention type of special standard materials for processing industry

-         Description on business activity in the service sector

-         Recommendation from the relevant government agency if required. In case of recommendation is unavailable, company may file application for investment to BKPM by attaching application for recommendation to technical agency against the receipt of such application. Furthermore, BKPM will send a letter to technical agency regarding the recommendation. And if within at most 17 (seventeen) business days that the recommendation is not yet issued or no response, BKPM will process and then issue Approval of the relevant investment. Especially for line of business on catching fishery, recommendation from Minister of Maritime and Fishery continues being necessary before BKPM issues Approval of Investment.

1. Change to investment and/or Company Capital and/or Source of Financing and/or Share Ownership of PMA company :

a.       Reason for change of investment

b.      Record of Minutes of General Meeting of Shareholders/Circular Resolution/Agreement of Shareholders, signed by all shareholders and acknowledged by notary public, or Statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed containing agreement of change of the company’s capital, or approval of amendment to share ownership.

c.       For new shareholders :

-         Record of Incorporation Deed and its amendments by virtue of ratification of the Ministry of Justice and Human Rights, and Record of NPWP for Indonesian corporate body;

-         Record of valid Resident Identity Card (KTP) and NPWP for Indonesian National;

-         Record of valid passport for foreign citizen;

-         Record of valid Incorporation Deed (Article of Association) and its translation into Indonesian language or English for foreign legal entity.

d.   Especially for company of Contract Work (KK) and

Contract Work of Coal Mining Exploitation (PKP2B) shall obtain recommendation from Ministry of Energy and Mineral Resource in advance.

In case of recommendation is unvailable, company may file application for investment to BKPM by attching recommendation application to technical agency along with receipt of such application. Furthermore, BKPM will send a letter to technical agency regarding the said recommandation and if within at most 17 (seventeen) business days that the recommendation is not yet issued or no response, BKPM will process and then issue Approval of the relevant investment.

1. Power of attoney with duly stamp, if the signature and/or managing application is not made by individual applicant.

1. Enclosures Application : Approval of Change of Status from PMA to PMDN (Foreign Investment) to Domestic Investment

1.      Record of Minutes of General Meeting of Shareholders/Circular Resolution/Agreement of Shareholders, signed by all shareholders and acknowledged by notary public, or Statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed containing agreement of change of the company’s capital.

2.      Record of Ivestment Activity Report (LKPM) in the last period.

3.      Approval/Permanent Business Permit (IUT) already had.

4.      Duly stamped power of attorney, if the applicant does not make the signing and/or managing application.

1. Enclosure Application : Approval of Change of Status from PMDN or Non PMA to PMA

1.      Documents of Company that sells share include :

a.       Record of PMDN Approval together with its all amendments therefore or Business Permit/Permanent Business Permit for the Company already produced.

b.      Record of Incorporation Deed and its amandments already ratified by the Ministry of Justice and Human Rights.

c.       Record of Minutes of General Meeting of Shareholders/Circular Resolution /Agreement of Shareholders, signed by all Shereholders and Acknowledged by notary public, or Statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed containing agreement of share sales and status change of the company to PMA.

d.      Record of Investment Activity Report (LKPM) in the last period.

2.      Documents of Non PMA / PMA Company selling the sells include :

a.       a. Record of Incorporation Deed and its amandments already ratified by the Ministry of Justice and Human Rights.

b.      Record of Principle Approval from Technical Department for the Company not yet produced or  Business Permit/Permanent Business Permit for the Company already produced.

c.       Record of Minutes of General Meeting of Shareholders/Circular Resolution /Agreement of Shareholders, signed by all Shereholders and Acknowledged by notary public, or Statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed containing agreement of share sales and status change of the company to PMA.

d.      Record of NPWP

3.      Documents of PMA Company purchasing shares include :

a.       Record op Approval and/or Business Permit/Permanent Business Permit.

b.      Record of LKPM in the last period.

c.       Record of minutes of General Meeting of Shareholders/Cirular Resolution/Agreement of Shareholders, signed by all shareholders and acknowledged by notary public, or Statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed containing agreement of share sales and status change of the company to PMA.

d.      Record of Incorporation Deed and its amendments already ratified by Ministry of Justice and Human Rights.

4.      Documents of Foreign Citizen and/or Citizen Legal Entity selling shares include :

a.       Copy of valid passport for individual Foreign Citizen.

b.      Record of Incorporation Deed and its amendment as well as translation in Indonesian language or English.

5.      Recommendation from the relevant goevernment agency if required.

In case of recommendation is unavaiable, company may file application for investment to BKPM by attaching for recommendation to technical agency against the receipt of such application. Furthermore, BKPM will send a letter to technical agency regarding the recommendation. And if within at most 17 (seventeen) busienss days that the recommendation is not yet issued or no response, BKPM will process and then issue Approval of the relevant investment. Especially  for line of business on catching fishery, recommendation from Minister of Maritime and Fishery continues being necessary before BKPM issue Approval of Investment

6.      Duly stamped Power of attorney, if the signature and/or managing application is not made by individual applicant.

1. Enclosure Application : For Time extension of Project Accomplishment PMDN and PMA (Domestic and Foreign Investment)

1.      Copy of Approval of Customs for the company already had;

2.      Copy of approval of PMDN or Approval of PMA and its amendment;

3.      Copy of Investment Activity Report (LKPM) in the last period.

4.      Duly stamped power of attorney, if the applicant does not make the signing and/or managing application.

1. Enclosure Application : For Company Merger

1.      Record of Permanent Business Permit (IUT) or Official Report (BAP) already produced, but having no IUT from each company (PMDN/PMA) or Business Permit for Non PMDN/PMA.

2.      Record of approval and its approval for each company of PMDN/PMA.

3.      Record of Incorporation Deed and its amendment to ratification from the Ministry of Justice and Human Rights for each company

4.      Record of Minutes of General Meeting of Shareholders acknowledged by Notary Public or statement of Meeting Resolution/Minutes of Meeting in the form of Notarial Deed regarding approval of merging from each shareholder of the company

5.      Record of the last Investment Activity Report (LKPM) for the company that will continue business activity

6.      Duly stamped power of attorney, if the signature and/or managing application is not made by the applicant.

1. Enclosure for Application : For Approval of Facility on Import of Capital Goods

I.                    Application for Approval of facility on Import on Capital Goods.

1. Master List of Capital Goods (example, enclosed form)

2. Disk of Master List of capital Goods (based on BKPM’s Investor Module)

3. Floor Plan of Factory and drawing of layout of machineries/equipment or technical drawing of building (including those for hotel/office complex)

4. Brochure/technical specification of machineries/equipment.

5. Description for production process/flow chart

6. Calculation of capacity of machine/equipment

7. Copy of SP PMDN or SP PMA and its amendment

8. a. Copy of ratification for Taxable employer (NPPKP)

 b. Copy of Taxpayer Reference Number (NPWP)

                        9. Copy of Report of last period Investment Activity (LKPM)

                        10. Special for specified business field shall be furnished with :

-         Recommendation from Director general of Mineral, Coal and Geothermal, especially for work Contract (KK) and Work agreement for Cultivation of Coal Mine (PKP2B)

-         Recommendation from Asahan Project Authority Agency for Master List of Capital Goods of Asahan Project/PT. INALUM

-         If recommendation letter is not available, company may submit application for facility on import of capital goods to BKPM with enclosing application letter for recommendation to technical institution along with receipt relating to such application. Further, BKPM will submit letter to technical institution concerning such recommendation and if until the period of maximum 17 (seventeen) working days such recommendation has not been issued or without any response, then BKPM shall process and issue Approval letter for facility on import of capital goods concerned.

12.  Special for application for Approval of Amendment/addition for Facility on Import of Capital Goods for Master List of capital Goods, requirements shall be added as follows :

a)      Reason of amendment or addition for facility on import of Capital goods for Master list of capital goods in application letter.

b)      Document of Notification on import of Goods (PIB) for the realized capital goods.

c)      Copy of BKPM’s Approval letter (SP) for Customs.

d)      Copy of Report concerning the last period Investment Activity (LKPM)

13.  Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not the applicant.

14.  Enclosure Application : For Approval of facility on Import of Raw Material

1.      Mater list of Raw/Supporting Material (example, the enclosed form)

2.      Disk of Master List of Raw/Supporting Material (based on BKPM’s Investor Module)

3.      Calculation for the need of raw material/supporting material (material balance) pursuant to the capacity of installed machinery.

4.      Copy of Notification concerning import of goods (PIB) on import of machinery/equipment.

5.      Copy of Operational Permit/Industrial Business Permit for Company that has possessed it.

6.      Recommendation from Ministry of Industry on the use of Domestic Capital goods, for obtaining facility of import of raw/supporting material until 4(four) years.

7.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

15.  Enclosure Application for Obtaining Identity Figure of Limited Importer for its amendment in the Framework of PMDN/PMA

A.     NEW APPLICATION OF APIT

1.      copy of deed of establishment relating to the last composition of Board Director.

2.      Power of attorney (from the Board of Directors) if signatory of Import document (APIT card) is not Board of Directors.

3.      Copy of Permit to employ Expatriate (IMTA) if the signatory of import document is foreigner (WNA) and Copy of Resident Id Card for Indonesian citizen (WNI)

4.      Copy of Approval Letter for PMDN/PMA and business Permit.

5.      Card of Identity Figure of Limited Importer (APIT) that has been signed and sealed by the company (example of APIT Card as enclosed)

6.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

B.     APPLICATION FOR AMENDMENT OF APIT

1.      Copy of deed of establishment and its amendment relating to the last composition of  Board of Directors.

2.      Power of Attorney if signatory of import document is not Board of Directors.

3.      Copy of Permit to employ Expatriate (IMTA) if the signatory of import document is foreigner (WNA) and copy of Resident Id Card for Indonesian citizen (WNI)

4.      Copy of Approval Letter for PMDN/PMA and Business Permit.

5.      Card of Identity Figure of Limited Importer (APIT) that has been signed and sealed by the company.

6.      The former and original Card of identity Figure of Limited Importer (APIT) along with copy of Decree of the last APIT.

7.      Certification of loss from Police if former APIT Card is lost.

8.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

 Example of APIT Card :

IDENTITY  CARD  OF LIMITED IMPORTER

NUMBER OF APIT

• Name of Company                               :
• Tax Payer Refrence Number                 :
• Address/Branch Office             :
• Telephone Number                               :
• Business Field                                       :
• Project Location                                   :
• Validity of APIT                                   :

SIGNATURE OF MANAGEMENT AND SEAL OF COMPANY

NAME                                           POSITION                                          SIGNATURE             

 

• ………………………            ………………………..                      ………………………
• ……………………....            ………………………..                      ………………………

………………………            ……………………….                       ………………………

• ………………………            ……………………….                       ………………………
• ………………………            ……………………….                       ………………………
• ………………………            ……………………….                       ………………………

                                                                                                                                                     

 

• COMPANY’S SEAL

Jakarta, ……………………………..

______________________________

NIP :

16. Enclosure Application for Ratification Of Plan to Employ Expatriate

1. NEW APPLICATION FOT RPTK

1.      Plan to employ Indonesian manpower for companion (Enclosures I until V)

2.      Copy of Approval Letter for PMDN/PMA and its amendment.

3.      Copy of deed of Company’s Article of Association and its amendment relating to the composition of Company’s Board of Directors and Board of Commissioners.

4.      Company’s Chart of Organizational Structure

5.      Evidence of Report of Manpower ratified by Local Manpower office (Law No. 7 of 1981)

6.      Special for position in Sub-sector of Oil and Gas, General Mine (Work contract/KK, Work Agreement for Cultivation of Coal Mine/PKP2B and Mine Concession /KP) and electricity and Subsector of Medical Treatment Service, shall enclose sector of Medical Treatment Service, shall enclose recommendation from the related Director General.

7.      Power of Attorney with Sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

8.      Special for application for extension/amendment of RPTK and position shall be added by :

a.       Copy of Decree of RPTK

b.      Reason by the Company that has not carried out replacement against Foreign Manpower (TKWNA).

c.       Report concerning the implementation of education and training program for Indonesian manpower / TKI (Enclosure VI)

d.      The employment of Expatriate (Enclosure VII)

e.       Report of the implementation of educational and Training Program for Manpower pursuant to RPTK (Enclosure VIII)

f.        Copy of Company’s Decree concerning the appointment of TKI (Indonesian Manpower) as Companion.

g.       Resident ID Card (KTP) of TKI as companion.

h.       Copy of Permit to employ Foreign Manpower (IMTA) especially for the purpose of extension, amendment and addition/reduction of position.

B. APPLICATION  TO  OCCUPY  DOUBLE  POSITIONS

It just needs to enclose :

1.      Application by the Company to employ Foreign Manpower (TKA) as Board of Directors.

2.      Copy of RPTK from 2 (two) or more Companies in one group.

3.      Copy  of IMTA that is still valid.

4.      Copy of company’s deed containing Articles of Association and its amendment from each Company relating to the composition of Company’s Board of Director and Board of Commissioners and also composition of Shareholders proving that such Companies exist in one group.

5.      Power of Attorney with sufficient revenue stamp, if that signatory and/or person handling the process of application is not conducted by the applicant.

17. Enclosure Application : For Expatriate Employment Permit (IMTA) and Recommended TA – 01, in the Framework of PMDN/PMA New (……) Extention (……….) Change of Position (…….)

1. ENCLOSURES FOR APPLICATION OF RECOMMENDATION TA-01

1.      Copy of valid and complete passport from the related Expatriate.

2.       The last Curricuum vitae signed by the related person.

3.      Copy of diploma and/or educational certificate and evidence of working wxperience in English of their translation into Indonesian language by sworn translator.

4.      Copy of deed or Minutes of General Meeting of Shareholders (RUPS) concerning appointment  for position of Board of Directors.

5.      Copy of Valid Decree of RPTK.

6.      Copy of Company’s Decree concerning appointment as employee and appointment as TKI for companion.

7.      Copy of the valid Resident ID Card (KTP) of TKI as companion.

8.      Evidence of Exit Permit Only (EPO)/Copy of IMTA for Expatriate who has experience to work in Indonesia previously.

9.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

1. ENCLOSURES FOR APPLICATION OF NEW IMTA

1.      Photograph sized 4x6 of 2 (two) pieces.

2.      Copy of SP PMDN/PMA and its amendment.

3.      Copy of Valid and complete passport.

4.      Receipt of Expertise and Skill Development Fund (DPKK) from Credit Note.

5.      Educational and Training Program for TKI as companion.

6.      Decree of RPTK and its amendment.

7.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.

8.      Copy of VITAS/Telex.

1. ECLOSURES FOR APPLICATION OF IMTA WXTENSION.

1.      Decree concerning Permit to Employ Expatriate (IMTA).

2.      Decree of Valid and Complete passport.

3.      Receipt of Expertise and Skill Development Fund (DPKK) and Credit Note.

4.      Copy of Valid RPTK.

5.      Photograph sized 4x6 of 2 (two) pieces.

6.      Copy of report concerning the realization of implementation of educational and training program and/or program to Indonesianize manpower.

7.      Power of Attorney with sufficient revenue stamp, if the signatory and/or person handling the process of application is not conducted by the applicant.