Badan Koordinasi Penanaman Modal (BKPM) mengumumkan pada hari Kamis (22/10) bahwa investasi asing langsung (foreign direct investment/FDI) di Indonesia naik 18,1% pada basis year-on-year (y/y) menjadi Rp 92,5 triliun di kuartal ketiga tahun 2015 dibandingkan dengan kuartal yang sama setahun sebelumnya. Pertumbuhan 18,1% pada kuartal 3 tahun 2015 hampir sama dengan kenaikan FDI 18,1% (y/y) di kuartal sebelumnya. Data FDI dari BKPM tidak mencakup investasi di sektor-sektor perbankan dan minyak & gas di negara ini.

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Beberapa minggu lalu, telah dilaporkan bahwa Presiden Indonesia Joko Widodo meminta Menteri Tenaga Kerja & Transmigrasi Hanif Dhakiri untuk merevisi draft peraturan (dibuat di tahun 2013) yang mengharuskan para ekspatriat lulus tes penguasaan Bahasa Indonesia sebagai persyaratan mendapatkan izin kerja. Menurut Widodo, peraturan ini akan mengurangi daya tarik iklim investasi Indonesia.

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Today, the Indonesian government announced it extended a tax incentive for “pioneering” industries. This term refers to those industries that are considered key industries that cause a multiplier effect in the Indonesian economy (hence boosting economic) and provide employment opportunities for the local population. Examples of such industries are oil refinery, infrastructure, maritime transport, telecommunications, downstream metal production and agriculture processing. The extended incentive is effective per 16 August 2015.

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On 2 August 2015, Indonesia Investments released the latest edition of its newsletter. This free newsletter, which is sent to our subscribers once per week, contains the most important news stories from Indonesia that have been reported on our website in the last seven days. Most of the topics involve economic subjects such a forecast for Indonesia’s economic growth in the Q2-2015, an update on the rupiah rate, foreign direct investment realization in Q2-2015, consumer confidence, new tax regulations in the palm oil sector, and more.

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Today (28/07), Indonesian President Joko Widodo, who is often referred to as Jokowi, went on his first state visit to Singapore where he will discuss trade, investment and bilateral issues with Singaporean President Tony Tan Keng Yam, Prime Minister Lee Hsien Loong, and 150 Singaporean CEOs in a bid to enhance cooperation between both nations. President Widodo is accompanied by Indonesian Trade Minister Rachmat Gobel, Chief Economics Minister Sofyan Djalil, and Foreign Affairs Minister Retno Marsudi, among others.

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The Indonesia Investment Coordinating Board (BKPM) announced today (27/07) that - in rupiah terms - foreign direct investment (FDI) in Indonesia rose 18.2 percent (y/y) to IDR 92.2 trillion rupiah in the second quarter of 2015, the fastest growth pace recorded since 2013. However, in US dollar terms, FDI fell to USD $7.38 billion in Q2-2015 from USD $7.43 billion in the same quarter one year earlier. The BKPM uses an IDR 12,500 per US dollar exchange rate in 2015 and an IDR 10,500 per US dollar exchange rate in 2014.

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Although the Indonesian government is having difficulty to enhance infrastructure spending, a statement from Indonesia Investment Coordinating Board (BKPM) Chairman Franky Sibarani conveyed a more positive message. On Monday (20/07), Sibarani announced that since October 2014 the BKPM issued about IDR 335 trillion (approx. USD $25 billion) worth of investment licenses for infrastructure projects, triple the figure from the same period one year earlier, implying that President Joko Widodo’s promotional efforts have had success.

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On the sidelines of the 24th World Economic Forum (WEF) on East Asia, Indonesia’s Chief Economic Minister Sofyan Djalil said that - despite global challenges - the government maintains its economic growth target of 5.7 percent (y/y) in 2015. However, he added that it will require great effort to achieve this target. One key strategy to achieve the target is to attract foreign investment through several policies including tax incentives and by easing the country’s bureaucratic hurdles for investment permits.

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Global credit rating agency Standard & Poor’s remains the only credit rating agency among the big three to maintain its BB+/stable rating on Indonesia’s sovereign credit (which is one notch below investment grade). Both Fitch Ratings (BBB-/stable) and Moody’s Investor Service (Baa3/stable) had already brought Indonesia back to investment grade in 2011 and 2012. Standard & Poor’s has been reluctant to raise Indonesia’s status as it wants to see more results from the country’s economic policy reforms.

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Badan Koordinasi Penanaman Model (BKPM) mencabut 6.541 izin prinsip penanaman modal yang telah diberikan kepada para investor antara tahun 2007-2012 untuk proyek-proyek yang memiliki total nilai 23 miliar dollar Amerika Serikat (AS). Izin prinsip ini adalah langkah pertama untuk para investor asing supaya mereka dapat merealisasikan komitmen investasi mereka di Indonesia (biasanya membutuhlan beberapa tahun tambahan sebelum proyek-proyek ini bisa direalisasikan setelah pemberian izin prinsip).

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In late September, the Minister of Public Works (Minister) issued Minister Regulation number 10/PRT/M/2014 regarding Guideline Requirements for Giving Permission Foreign Construction Service Representative Office (New Regulation). The New Regulation for construction representative offices in Indonesia replaces the old Minister regulation 05/PRT/M/2011 (Old Regulation) which had a similar title. The New Regulation has become more comprehensive than the Old Regulation and in this column we will discuss the most significant changes for foreign investors.

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A total of 35 American companies are interested to invest a combined USD $61 billion in Indonesia over the next five years according to a survey conducted by the Paramadina Public Policy Institute, the American Chamber of Commerce in Indonesia (AmCham Indonesia), the Indonesian Employers Association (Apindo), and the Indonesian Chamber of Commerce and Industry (Kadin Indonesia). These 35 US companies have already invested a total of USD $65 billion in Indonesia over the period 2004 to 2012.

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Investment in Indonesia’s processed food and beverage industry is expected to grow at least ten percent to IDR 55 trillion (USD $4.6 billion) in 2015 from an estimated investment realization of IDR 50 trillion in 2014. Adhi Lukman, General Chairman of the Indonesian Food and Beverage Association (GAPMMI), said that investments in this sector have been solid due to rising consumption of food and beverages in Southeast Asia’s largest economy. Particularly foreign investments have been strong in 2014 and are expected to continue next year.

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The Indonesia Investment Coordinating Board (BKPM) announced that growth of foreign direct investment (FDI) in Indonesia has slowed in the first nine months of 2014. In the first three quarters Indonesia saw the influx of IDR 228.3 trillion (USD $18.7 billion) worth of FDI, a 14.6 percentage point increase year-on-year (y/y). However, this growth pace is much lower than the 21.3 percent point growth of FDIs in the first nine months of 2013. In US dollar terms the decline was even greater as the rupiah has been depreciating.

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An amendment to the articles of association of a limited liability company in Indonesia - a PT in case of local investment and PT PMA in case of foreign investment - must be approved by the general meeting of shareholders. Besides approval of the general meeting of shareholders, law number 40 of 2007 (Company Law) requires in certain cases also approval of the Minister of Law and Human Rights (Minister). In this column we discuss such specific amendments and we will explain the approval procedure of such amendments.

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In Indonesia a foreign investment limited liability company (PT PMA) and/or local investment limited liability company (PT) must obtain a Minister’s Decree regarding the legalization of the legal entity status of the company, based on article 7 (4) of law number 40 of 2007 (Company Law). In order to obtain such Minister’s Decree, the founders must submit an application to the Minister of Law and Human Rights (Minister). The exact requirements for submitting such legalization application are stated in article 9 (1) Company Law and Minister regulation number 4 of 2014 (Minister Regulation).

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The limited liability company (local PT or foreign PT PMA) in Indonesia is regulated under law number 40 of 2007 (Company Law). The Company Law sets the minimum establishment requirements for a limited liability company, but does not regulate the different company types for limited liability companies in Indonesia. These are regulated in law number 20 of 2008 (SME Law) which essentially differentiates micro companies, small companies, medium companies and large companies. This column will discuss the differences in company types in Indonesia.

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Both a foreign investment limited liability company (PT PMA) and local investment limited liability company (PT) must be established by two or more shareholders according to Article 7 of law number 40 of 2007 (Company Law). The shareholders can be individuals and/or legal entities of foreign or Indonesian nationality. In this column we will deepen the minimum requirements as set by the Company Law for shareholders in foreign and local limited liability companies.

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The establishment of a foreign investment company in Indonesia is partially regulated by law number 40 of 2007 (Company Law) regarding limited liability companies. The Company Law provides the general corporate requirements for the establishment of both a foreign investment limited liability company (PT PMA) and a local investment limited liability company (PT). In this column we will discuss the establishment requirements for a foreign investment limited liability company (foreign investment company) in Indonesia as regulated in the Company Law.

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Establishment of a company in Indonesia is done through a foreign investment and is subject to specific establishment requirements. A foreign investment is by law 25 of 2007 (Investment Law) defined as an investing activity conducted by a foreign investor for running a business inside Indonesia (including company establishment). Such foreign investment can be conducted either by using 100% foreign capital (which is subject to certain restrictions) or by partially using domestic capital. A foreign investor can be a foreign person, a foreign company or a foreign government body.

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