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The Indonesian government announced the 16th economic policy package late last week. This latest package is important for direct investors, including foreign investors as it includes a revision of the country's Negative Investment List (in Indonesian: Daftar Negatif Investasi), hence opening up opportunities for foreigners to invest in Indonesia.
Foreign direct investment (FDI) in the healthcare industry of Indonesia rose steeply in the first half of 2017 after the government opened up the general hospital sector to foreign investment by revising the Negative Investment List (in Indonesian: Daftar Negatif Investasi) in 2016.
Indonesian rubber producers do not welcome the government's decision to open the nation's crumb rubber sector to foreign ownership for the full 100 percent. This decision is part of the government's tenth economic stimulus package, announced last week. Stakeholders in Indonesia's rubber sector argue that current installed production capacity of existing rubber processing plants in Indonesia already exceeds domestic demand. Crumb rubber is recycled rubber produced from automotive as well as truck scrap tires.
The government of Indonesia is again opening room for foreign ownership in a number of sectors in an effort to boost economic expansion and reach the 7 percent year-on-year (y/y) gross domestic product (GDP) growth rate by 2019 as targeted by Indonesian President Joko Widodo. Examples of sectors that are to be opened for the full 100 percent to foreign ownership are the cold storage business, crumb rubber industry, sport-centers, film production industry, restaurants, raw materials for medicines, toll roads, and telecommunication equipment. These revisions are part of Indonesia's 10th economic stimulus package.
The government of Indonesia is to allow bigger foreign ownership in a number of sectors. These sectors involve the cinema/film industry, tourism, leisure, trade, as well as the sugar and rubber industries. The move to increase opportunities for foreign investors by revising the country's Negative Investment List (in Indonesian: Daftar Negatif Investasi) is part of the government's ninth economic stimulus package (to be released soon), is designed to attract more foreign direct investment (FDI) into Indonesia.
The Indonesian government announced it plans to allow 100 percent foreign ownership of cold storage businesses, sugar factories, rubber manufacturing companies, and the e-commerce business by revising Presidential Regulation No. 39/2014 on the Negative Investment List. The Negative Investment List (in Indonesian: Daftar Negatif Investasi) lists the sectors that are either fully or partially closed to foreign investment. Meanwhile, the government is studying whether other sectors can also be opened (or opened up wider) to foreign investors.
Indonesia’s House of Representatives (DPR) has passed a new plantations bill that aims to maximize land usage and opens up Indonesia’s plantation sector to smallholders. However, the retroactive clause that would limit foreign ownership to a maximum of 30 percent (from 95 percent currently) was dropped from the final version. This clause was highly controversial and would have been a major obstacle for foreign companies engaged in Indonesia’s plantation sector (such as Golden Agri-Resources and Wilmar International).
On 11 May 2014, 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 topics such as the revision of the Negative Investment List, an analysis of GDP growth in Q1-2014, the benchmark interest rate, the current account deficit, manufacturing, unemployment , the offical result of the legislative election, and more.
The Indonesian government has revised the country's Negative Investment List (Daftar Negatif Investasi) in order to boost foreign and domestic direct investments (FDIs) into Indonesia. The revision, which is not fully published yet, is based on Presidential Decree No 39 - 2014 on the List of Open and Closed Sectors for Investments (Perpres 39 - 2014 tentang Daftar Bidang Usaha Tertutup dan Bidang Usaha Terbuka dengan Persyaratan di Bidang Penanaman Modal). However, for some sectors the maximum limit of foreign ownership has been curbed.
Chairman of the Indonesia Investment Coordinating Board (BKPM) Mahendra Siregar said on Thursday (24/04) that Indonesia's Negative Investment List (Daftar Negatif Investasi), which stipulates which sectors in the Indonesian economy are open to foreign investment as well as the percentage of foreign ownership permitted, has been revised. The list was revised through a Presidential Decree earlier this week. The revision means that the limit of foreign ownership in several sectors will be raised.
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The Indonesian government plans to roll out the red carpet for investors in another attempt to attract direct investment, hence boost the macroeconomy, increase employment opportunities and combat poverty. In the 16th economic policy package, which was announced on Friday 16 November 2018 - but is yet to be signed by Indonesian President Joko Widodo - three programs are included that should improve the nation’s investment climate, thus strengthen the economy.
The new negative investment list 2016 is not yet issued by Indonesian President Joko Widodo. However along with the launch of the tenth economic policy package, the government is currently processing the new draft of this list. Although not yet issued, in this column we discuss the most likely changes to be implemented in the new negative investment list 2016. The current draft regulation removes 35 business fields form the negative investment list. Besides that, more business fields are reserved for small and medium sized companies (local companies).
Indonesian parliament (DPR) decided not to limit foreign ownership in Indonesian insurance companies. Currently, foreigners can have an 80 percent stake in a local insurance company. A new insurance bill on this matter is expected to be passed in a plenary session next month. This bill will enable foreign investors to continue to own local insurance companies through the share-purchase mechanism at the Indonesia stock exchange (IDX). Another important point in the new bill involves the legal entity of the local insurance firm.
Foreign ownership of plantations in Indonesia may be limited to a maximum of 30 percent if a new draft bill designed by Indonesian parliament is approved. This draft bill aims to encourage local participation within Indonesia’s plantation sector at the expense of foreign ownership. Currently, foreign ownership of plantations in Indonesia is set at a maximum of 95 percent. The draft bill also aims to simplify complex rules regarding land use, protect indigenous people, and will make it easier to prosecute companies responsible for forest fires.
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.
A Foreign Representative Office (Kantor Perwakilan Perusahaan Asing [KPPA]) is a more general form of representative office than the foreign trade representative office and the foreign construction services representative office as we covered in previous columns. The Foreign Representative Office is regulated by BKPM, whereas the aforementioned representative offices are regulated by respectively the ministry of trade and the ministry of public works. Due to the general nature of a Foreign Representative Office, it is typically set up to provide managerial support to the parent company abroad.
A foreign construction service representative office in Indonesia is established by foreign overseas parent companies, specifically for conducting business activities in the field of construction services. Construction services can be defined as consultancy services in planning of construction work, construction implementation services, and consultancy services regarding the supervision of construction work.
A foreign trade representative office in Indonesia can be set up by overseas companies quickly and with relative ease. In general, a foreign trade representative office is established with the purpose to take care of the interests of the parent company abroad and/or for preparation of the establishment and development of foreign investment activities in Indonesia. Due to their purpose the scope of activities is limited to representation of the overseas company and is therefore not allowed to directly be engaged in sales and related activities.
Indonesia's Finance Minister Chatib Basri stated that the government of Indonesia is busy preparing three new policies that aim to restore financial stability as well as attract foreign direct investments. These three new policies involve the higher sales tax on imported luxury cars, a revision of Indonesia's negative investment list, and the higher income tax on imported consumption goods. These three new policies are in addition to the policy package that was introduced by the Indonesian government in August 2013.
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