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Foreign Property Investment Regulation (at glance)

Especially for Foreign Investors (PMAs) who will invest in the construction
services sector, there are additional provisions stipulated in Law Number 2 of
2017 concerning Construction Services. Among other things, PMA must form:
BUJKA Representative Office
Indonesian legal entities through capital cooperation with national construction
service business entities (BUJK PMA).
However, market segments that can be worked on by BUJKA and BUJK
Representative Offices are limited to only projects that have the following
qualifications:
High risk; High technology; and / or High cost

BUJKA Representative Office


Foreign Construction Services Business Entity (BUJKA) is a business entity
established according to law and domiciled in a foreign country. To be able to
carry out construction business services, BUJKA must have a representative
office in Indonesia, and its position is equivalent to a legal entity of a Limited
Liability Company engaged in the construction services business. To the
representative office of the BUJKA, a representative of a Foreign Construction
Services Business Entity (representative permit) is given permission to conduct
business provided by the Government to carry out construction services in
Indonesia.
As saved by Law No. 2 of 2017 Article 32, the BUJKA representative office is
obliged to place Indonesian citizens as the highest leadership of the
representative office. In other words, the Chief of Representative from the
BUJKA Representative Office must be an Indonesian citizen

In addition, the BUJKA representative office is also required to:


establish joint operations with a large qualified national Construction Services
business entity that has a business license with a large qualification in every
construction service business activity in Indonesia;
employ more Indonesian workers than foreign workers;
prioritizing the use of domestic construction materials and technology;
has high technology, cutting-edge, efficient, environmentally sound, and pay
attention to local wisdom;
carrying out the technology transfer process; and
carry out other obligations in accordance with the provisions of the legislation.
Requirements that must be completed to manage the BUJKA Representative
Office Permit at BKPM can be seen in Appendix I of Perka BKPM No. 15 of
2015. BUJKA's representative permit will be issued no later than two working
days after the application is received in full and correctly. Permission is valid
for 3 (three) years and can be extended.

Labor requirements for Construction Services businesses with business sub-


qualifications in the field of construction consulting / construction supervision
services and construction implementation services are:
One person with the lowest certified SKA Madya permanent experts,
One person in charge of a Technical Responsibility (PJT) certified by an
Associate SKA,
One person in charge of a Qualified (PJK) Certified Associate SKA,
One person in charge of a Business Entity (PJBU) or Chief of Representative.
Between PJT, PJK, and PJBU may not hold concurrent positions.
Net asset requirements for the Construction Planning / Supervision
Consultancy Services business sector are at least Rp. 500 million and has
experience carrying out work with a cumulative total experience for a period of
10 years of at least Rp. 2.5 billion.
The net assets requirement for the Construction Service Business sector is at
least Rp. 50 billion and has experience in carrying out construction work with
a total cumulative value of work of at least Rp. 250 billion in a period of 10
years.

Foreign Investment Construction Services Business Entity (BUJK PMA)


BUJKA PMA is a joint venture between the Foreign Construction Services
Business Entity (BUJKA) and the National Construction Services Business
Entity (National BUJKA) in the form of a Limited Liability Company, with the
provision of a maximum foreign ownership of 67% or 70% for ASEAN
countries.
In order to carry out construction service business activities in Indonesia, every
Foreign Investment Corporation BUJK is required to have a Foreign Investment
Construction Services Business License (IUJK) issued by the Investment
Coordinating Board (BKPM).
Because it is in the form of a Limited Liability Company, the establishment of
the BUJK PMA is the same as the establishment of a limited liability company
in general, which is obliged to have a deed of establishment and articles of
association, approval from the Ministry of Law and Human Rights and other
basic documents.
After BUJK PMA obtained the status as a legal entity from the Indonesian
Ministry of Law and Human Rights, there are a number of requirements and
process flow that must be fulfilled by the BUJK PMA to obtain IUJK.
Management of IUJK BUJK PMA was carried out at the Central PTSP at BKPM
because IUJK was issued by the Head of BKPM on behalf of the Minister of
Public Works and Public Housing. Permits will be issued by BKPM no later
than six working days after the application for permits is declared complete by
BKPM. IUJK BUJK PMA is valid for 3 years and can be extended. Happy
investing!

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