Regulation Of Capital Investment Coordination Board No. 12 By 2013

Original Language Title: Peraturan Badan Koordinasi Penanaman Modal Nomor 12 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c511380c3009386313233333033.html

BN 1138-2013. doc REPUBLIC INDONESIA No. 1138, 2013 CAPITAL INVESTMENT COORDINATION BOARD. Permissions. Nonperizinan. The guidelines. The Ordinance. Changes. REGULATION of the CAPITAL INVESTMENT COORDINATION BOARD HEAD of the REPUBLIC of INDONESIA number 12 2013 ABOUT CHANGES to the REGULATION of the HEAD of the CAPITAL INVESTMENT COORDINATION BOARD No. 5 2013 on GUIDELINES and PROCEDURES for LICENSING and NONPERIZINAN CAPITAL INVESTMENT with the GRACE of GOD ALMIGHTY HEAD of INVESTMENT COORDINATING AGENCY of the Republic of INDONESIA, Considering: a. that in order to simplify the norms, standards, procedures and criteria for licensing and Investment Nonperizinan have set the rules the head of capital investment Coordination Board no. 5 by 2013 on the guidelines and the How permissions and Nonperizinan capital investment; b. that, in order to fine-tune some provisions in the guidelines and procedures for licensing and Nonperizinan capital investment, the need for changes to the regulation of the head of the capital investment Coordination Board no. 5 2013 on guidelines and procedures for licensing and Nonperizinan capital investment; www.djpp.kemenkumham.go.id 2013, no. 1138 2 c. that based on considerations as referred to in letter a and letter b, need to set rules of capital investment Coordination Board Chief about the changes to the regulation of the head of the capital investment Coordination Board no. 5 2013 on guidelines and procedures for licensing and Nonperizinan capital investment; Remember: 1. Act No. 7 Year 1983 regarding income tax (State Gazette of the Republic of Indonesia Number 50 in 1983, an additional Sheet of the Republic of Indonesia Number 982), as amended several times with Act No. 36 of 2008 (State Gazette of the Republic of Indonesia Year 2008 Number 133, additional sheets of the Republic of Indonesia Number 4893); 2. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612), as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661); 3. Law number 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3825); 4. Act No. 37 of 2000 concerning the determination of the Replacement Government Regulations Act No. 2 of 2000 about the free trade area and the free port of Sabang became law (State Gazette of the Republic of Indonesia year 2000 Number 252, additional sheets of the Republic of Indonesia Number 4054); 5. Act No. 13 of 2003 on Labor (State Gazette of the Republic of Indonesia Number 39 in 2003, an additional Sheet of the Republic of Indonesia Number 4279); 6. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Year 2004Nomor 125, additional www.djpp.kemenkumham.go.id 2013, no. 1138 3 Sheets of State of the Republic of Indonesia Number 4437) as amended several times with the Act No. 12 of 2008 about local governance (Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 7. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 8. Act No. 40 year 2007 on limited liability company (State Gazette of the Republic of Indonesia Number 106 in 2007, an additional Sheet of the Republic of Indonesia Number 4756); 9. Act No. 44 of 2007 regarding the determination of the Replacement Government Regulations Act No. 1Tahun 2007 on changes to the Act No. 36 of 2000 concerning the determination of the Replacement Government Regulations Act No. 1 of 2000 about the free trade area and free port, into law (State Gazette of the Republic of Indonesia Number 130 in 2007, an additional Sheet of the Republic of Indonesia Number 4775); 10. Law number 11 Year 2008 of the information and electronic transactions (State Gazette of the Republic of Indonesia Year 2008 Number 58 Additional sheets of the Republic of Indonesia Number 4928); 11. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic of Indonesia Number 4846); 12. Act No. 20 in 2008 about the micro, small and medium enterprises (State Gazette of the Republic of Indonesia Number 93 in 2008, an additional Sheet of the Republic of Indonesia Number 4866); 13. Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038); www.djpp.kemenkumham.go.id 2013, no. 1138 4 14. Act No. 32 of 2009 about environmental management (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059); 15. Act No. 39 of 2009 about special economic Regions (Gazette of the Republic of Indonesia Number 147 in 2009, an additional Sheet of the Republic of Indonesia Number 5066); 16. Government Regulation Number 65 in 2005 about the drafting of the Guidelines and the application of the minimum service standard (State Gazette of the Republic of Indonesia Number 150 in 2005, an additional Sheet of the Republic of Indonesia Number 4166); 17. Government Regulation number 1 of 2007 concerning income tax Facilities for Investments in certain business areas and/or in certain areas (State Gazette of the Republic of Indonesia number 1 in 2007, an additional Sheet of the Republic of Indonesia Number 4675), as amended several times with the Government Regulation Number 52 in 2011 (State Gazette of the Republic of Indonesia Number 133 in 2011, an additional Sheet of the Republic of Indonesia Number 5264); 18. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 19. Government Regulation Number 41 in 2007 about the Organization of the device area (State Gazette of the Republic of Indonesia Year 2007 Number 89, an additional Sheet of the Republic of Indonesia Number 4741); 20. Government Regulation Number 46 in 2007 about the free trade area and the free port of Batam (Indonesia Republic Gazette Year 2007 Number 107, additional sheets of the Republic of Indonesia Number 4757) as amended by regulation of the Government No. 5 in 2011 (Gazette of the Republic of Indonesia Year www.djpp.kemenkumham.go.id 2013, no. 1138 16 Number 5 2011, an additional Sheet of the Republic of Indonesia Number 5195); 21. Government Regulation Number 47 in 2007 about the free trade area and free port, Bintan (Indonesia Republic Gazette Year 2007 Number 108, an additional Sheet of the Republic of Indonesia Number 4758); 22. Government Regulation Number 48 in 2007 about the free trade area and free port, Karimun (Gazette of the Republic of Indonesia Number 109 in 2007, an additional Sheet of the Republic of Indonesia Number 4759); 23. Government Regulation Number 45 in 2008 about the guidelines the granting of Incentives and the granting of the ease of Investing in the region (State Gazette of the Republic of Indonesia Number 68 in 2008, an additional Sheet of the Republic of Indonesia Number 4861); 24. Government Regulation Number 24 in 2009 about the industrial area (Gazette of the Republic of Indonesia Number 47 in 2009, an additional Sheet of the Republic of Indonesia Number 4987); 25. Government Regulation Number 83 in 2010 of Pelimpahan authority to the Board of Sabang Area (State Gazette of the Republic of Indonesia Number 143 in 2010, an additional Sheet of the Republic of Indonesia Number 5175); 26. Government Regulation number 2 in 2011 about the holding of Special Economic Area (State Gazette of the Republic of Indonesia number 3 in 2011, an additional Sheet of the Republic of Indonesia Number 5186); 27. Government Regulation number 14 in 2012 about the business activities of the electric power Supply (Gazette of the Republic of Indonesia Number 28 in 2012, an additional Sheet of the Republic of Indonesia Number 5281); 28. Government Regulation number 26 in 2012 about the Special Economic Area of Cape Lesung (State Gazette of the Republic of Indonesia Number 47 in 2012, www.djpp.kemenkumham.go.id


2013, no. 1138 6 Additional sheets of the Republic of Indonesia Number 5284); 29. Government Regulation Number 27 in 2012 about the Environmental Permit (State Gazette of the Republic of Indonesia Number 48 in 2012, an additional Sheet of the Republic of Indonesia Number 5285); 30. Government Regulation Number 29 in 2012 about the special economic area of Sei Mangkei (State Gazette of the Republic of Indonesia Number 54 in 2012, an additional Sheet of the Republic of Indonesia Number 5287); 31. Government Regulation Number 96 in 2012 on the implementation of Act No. 25 in 2012 about public service (State Gazette of the Republic of Indonesia Number 215 by 2012, an additional Sheet of the Republic of Indonesia Number 5357); 32. Government Regulation number 17 by 2013 on the implementation of Act No. 20 of 2008 about the micro, small and medium enterprises (State Gazette of the Republic of Indonesia Number 40 by 2013, an additional Sheet of the Republic of Indonesia Number 5404); 33. Presidential Decree Number 75 in 1995 about the use of Foreign labour force Entrants; 34. Presidential Decree Number 90 in 2000 about the representative offices of foreign companies; 35. Presidential regulation Number 76 in 2007 about the criteria and requirements for the preparation of the closed Businesses and Businesses that are open to the requirements in the field of capital investment; 36. Presidential regulation Number 90 in 2007 about the capital investment coordination board as amended Presidential regulation Number 86 in 2012 (State Gazette of the Republic of Indonesia Number 210 in 2012); 37. Presidential regulation Number 27 of 2009 about one door Integrated Services in the field of capital investment; www.djpp.kemenkumham.go.id 2013, no. 1138 7 38. Presidential regulation Number 36 in 2010 about a list of Businesses that closed and open Fields with the requirements in the field of capital investment; 39. Regulation of the Minister of finance Number 110/FMD. 010/2005 concerning the procedures for the granting of the exemption and/or import duty Waivers and Exemptions and/or Delay value added tax Upon Import of the goods in order to Contact the works and the Covenant of Works concessions of coal mining; 40. Regulation of the Minister of public works Number 24/PRT/M/2009 on the delegation of Authority Granting business license in the field of public works in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 41. Regulation of the Minister of Commerce Number 55/URM.DAG/PER/10/2009 on the delegation of authority of the Publication business license Sales directly to the head of the capital investment Coordination Board Order implementation of Integrated Service of one door in the field of capital investment; 42. Regulation of the Minister of agriculture Number 3480/KPTS/HK. 300/10/2009 tentangPendelegasian Authority Granting business license in agriculture within the framework of the implementation of the integrated service of One Pintudi the field of capital investment to the capital investment Coordination Board Head; 43. Regulation of the Minister of finance Number 176/FMD. 011/2009 on the liberation of import duties upon importation of machinery, goods and materials for Construction or industrial development within the framework of capital investment as amended by regulation of the Minister of finance Number 76/FMD. 011/2012; 44. Regulation of the Minister of industry Number 147/M-IND/PER/10/2009 on Delegations of granting business license, permits the expansion of Industry, business license, permits industrial area Expansion industrial area in order to Service www.djpp.kemenkumham.go.id 2013, no. 1138 8 Integrated single point of contact to the head of the capital investment coordination board as amended by regulation of the Minister of industry number 16/M-IND/PER/2/2010; 45. Regulation of the Minister of culture and tourism Numbers pm. 59/HK. 501/MKP/2009 on the delegation of Authority Granting business license in the field of culture and tourism in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 46. Regulation of the Minister of health Number 1244/Menkes/Per/XII/2009 on the delegation of Authority Granting business license in health in the framework of the implementation of the integrated service of one door in the field of capital investment to the capital investment Coordination Board Head; 47. Regulation of the Minister of transportation KM Number. 83 in 2009 about the delegation of Authority Granting business license in the field of Transport in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 48. Public Housing Minister Regulation number 06/CANDY/M/2009 on the delegation of Authority Granting business license in the field of Housing within the framework of the implementation of PTSP in the field of capital investment to the capital investment Coordination Board Head; 49. Regulation of the Minister of communication and Informatics Number 50/PER/m. KOMINFO/12/2009 on the delegation of Authority Granting business license in communications and Informatics in order of implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 50. Regulation of the Minister of marine and fisheries the number 30/DOWNLOAD/2009 on the granting of business license Fixed capital investment in the field of marine and Fisheries in the framework of the integrated service of one door in the field of capital investment to the capital investment Coordination Board Head; www.djpp.kemenkumham.go.id 2013, no. 1138 9 51. Decree of the head of police of the Republic of Indonesia Number SKEP/638/XII/2009 on the delegation of Authority Granting business license Business Services in the areas of Safeguards in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 52. Regulation of the Minister of forestry Number p. 01/Menhut-II/2010 regarding the delegation of Authority Granting business license in Forestry in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 53. Regulation of the Minister of energy and Mineral resources, number 05 in 2010 about the delegation of Authority Granting business license in the field of energy and Mineral resources in the framework of the implementation of the Integrated Service of one door in the field of capital investment to the capital investment Coordination Board Head; 54. Regulation of the Minister of finance number 18/FMD. 010/2012 about the venture capital firm; 55. Regulation of the Minister of Commerce number 01/M-DAG/PER/1/2012 concerning the delegation of Authority Granting permissions on capital investment in the field of Trade to the head of the Investment coordinating body within the framework of the implementation of the Integrated Service of one door in the field of capital investment; 56. Trade Minister Regulation Number 27/M-DAG/PER/5/2012 about the Provision Number Identifier Importer (API) as amended by regulation of the Minister of Commerce number 59/M-DAG/PER/9/2012; 57. The regulation of capital investment Coordination Board Head number 14 in 2009 about the system of licensing and Investment information services Electronically; 58. The regulation of capital investment Coordination Board Head number 6 in 2011 about the procedures for implementation, construction and Integrated Services Reporting one door in the field of capital investment; www.djpp.kemenkumham.go.id 2013, no. 1138 10 59. Regulation of the capital investment Coordination Board Head number 14 in 2011 about the minimum service standard field of Investing provinces and Kabupaten/Kota; 60. The regulation of capital investment Coordination Board Chief number 3 in 2012 about the guidelines and the procedures for Controlling the implementation of capital investment; 61. The regulation of capital investment Coordination Agency Head No. 10 in 2012 about the Technical minimum service standard field of Investing provinces and Kabupaten/Kota; 62. The regulation of capital investment Coordination Board Head No. 8 2013 on Pelimpahan Authority Granting permission in Principle capital investment to the head of the agency business of free trade area and the free port of Batam, the head of the agency business of free trade area and the free port of Bintan Bintan Regency, the head of the agency business of free trade area and the free port area of Tanjung Pinang Bintan and the head of the agency business of free trade area and free port, Karimun; 63. Regulation of the capital investment Coordination Board Head number 9 by 2013 on Pelimpahan Authority Granting business license in order to kepadaKepala Investment Agency business of free trade area and the free port of Batam, the head of the agency business of free trade area and the free port of Bintan Bintan Regency, the head of the agency business of free trade area and the free port area of Tanjung Pinang Bintan and the head of the agency business of free trade area and free port, Karimun; 64. The regulation of capital investment Coordination Board Head number 10 2013 on Pelimpahan Authority Granting Permission to the Board of Investment's principle areas of Sabang; 65. The regulation of capital investment Coordination Board Head number 11 by 2013 on Pelimpahan Authority Granting business license in order to kepadaDewan capital investment Across Regions; www.djpp.kemenkumham.go.id


2013, no. 1138 11: setting: RULE DECIDED the HEAD of CAPITAL INVESTMENT COORDINATION BOARD on CHANGES to the REGULATION of the HEAD of the CAPITAL INVESTMENT COORDINATION BOARD No. 5 2013 on GUIDELINES and PROCEDURES for LICENSING and INVESTMENT NONPERIZINAN. Article I some provisions in the regulations the head of capital investment Coordination Board no. 5 2013 about guidelines and Licensing Procedures and capital investment Nonperizinan (news of the Republic of Indonesia Number 584 2013) changed as follows: 1. The provisions of article 1diubah, so that article 1 reads as follows: article 1 in regulation the head of this capital investment Coordination Board is: 1. Capital investment is any form of activity invest Investor, both by domestic and Foreign Investor to do business in the territory of the Republic of Indonesia. 2. the Investor is an individual or business entity that performs the Investment could be a planter of ModalDalam domestic and Foreign Investor. 3. Investing in the country are planting capital for doing business in the territory of the Republic of Indonesia conducted by Planter ModalDalam Land by use of capital in the country. 4. Foreign Investment is the planting of capital to do business in the territory of the Republic of Indonesia that is carried out by a foreign Investor, whether that use foreign capital completely or berpatungan with ModalDalam of State Growers. 5. One door Integrated Services in the fields of Investing, hereinafter called the PTSP is conducting activities, licensing and Nonperizinan based on delegation of authority from the pelimpahan or the agency or agencies that have the authority licensing and Nonperizinan the process management starting from the application stage until the stage of the publication of the documents is done in one place. www.djpp.kemenkumham.go.id 2013, no. 1138 12 6. Licensing is any form of approval to conduct capital investment issued by the Government and local governments which have the authority in accordance with the provisions of the legislation. 7. Nonperizinan is any form of convenience services, fiscal facilities and nonfiskal, as well as information on capital investment, in accordance with the provisions of the legislation. 8. the company Planting Modaladalah business entities who do good Investment law incorporated or not incorporated in law. 9. Start a Venture was the establishment of the new company as a Domestic capital investment or Foreign Investment, or the execution of the company's activities in the framework of the domestic capital investment or Foreign Investment, as a result of the occurrence of a change of ownership of shares in the company, or the implementation of the activities of the domestic capital investment company provide new business, especially for companies investing in the country that his business is the licensing authorities of the Government of the province/district/city. 10. Start of production/Operation is when the capital investment company is ready to do the production of goods and services. 11. the Ready Production is a condition of at least 80% (eighty percent) of the main engines of the company's production activities in the field of business industry has been terpasangdi the location of the project. 12. Ready Operation is the company's condition in the businesses in addition to the industry has set up the entire infrastructure in order to run its business activities. 13. the expansion of the cultivation of the Modaldi line of business for the industry is an increase in the capacity of produksiuntuk the same types of products, greater than 30% (thirty percent) of the production capacity of which has been authorized and carried out in the same location with the implementation of the cultivation of the Modalsebelumnya. 14. the expansion of for planting Modalselain in the field of industrial businesses is the addition of a line of business activity or increased the capacity of the produksiyang is carried out either at the same location or at a different location with the implementation of the activities of the previous Investment. www.djpp.kemenkumham.go.id 2013, no. 1138 13 15. The development is the development company or factory that has existed include the addition, the modernization, rehabilitation, and/or restructuring of production tools including machines for the purpose of increasing the amount, type, and/or the quality of the production. 16. changes to the terms of the plan or change is the realization of the Investments that have been approved and established by Government/local government. 17. The incorporation of the company is a merger of two or more companies into a single company that will forward all the joining company activities. 18. the Consent Principle Investing, hereinafter called Principle, Permission is the permission of the Government, the regional Government of the province, the local government district/city must have in order to start a business. 19. Business license is a license from the Government, the regional Government of the province, the local government district/city that owned the company for starting the implementation of production/operations that produce goods or services, unless specified otherwise by the sectoral regulations. 20. Principle Permits the expansion of capital investment, which Permit hereinafter referred to the principle of Expansion, is the principle of compulsory Permits companies to start activities in the framework of the expansion effort. 21. Business license extension of the business license is obliged to initiate the implementation of the company-owned production/operations that produce goods or services over the implementation of the expansion effort, unless specified otherwise by the sectoral regulations. 22. Principle Permits Investment Changes, hereinafter called Principle Permission changes, is the principle of compulsory Permits owned the company, in order to change the legalization plan or realization of Investments that have been set previously. 23. Business license change is a business license that must be owned by the company, in order to change the legalization of the realization of the Investments that have been set previously. 24. Consent Principle capital investment Company Merger, the Merger Principle Permit hereinafter referred to the company, is the principle of compulsory Permits owned company results www.djpp.kemenkumham.go.id 2013, no. 1138 14 merger, the company's line of business to carry out the merger. 25. Business license of company Incorporation is required business license owned company merger in order to start the implementation of the activities of the production/operation to produce goods or services. 26. The importer Identification Number, hereinafter abbreviated to flame, is a sign of the identifier as the importer. 27. the decision granting facilities import duty upon the importation of machinery, Goods and material for capital investment is Head of BKPM agreement on behalf of the Minister of finance regarding the granting of facilities import duties upon importation of machinery, goods and materials. 28. The publication of the proposals Over the granting of income tax Agency Facilities was usulanKepala BKPM in order granting income tax agency facilities are addressed to the Minister of finance through Directorate General of taxes. 29. The leadership of the company is the Board of Directors/leadership of the company listed in the articles of Association/deed of establishment of the company or changes that have gained an endorsement/approval/notification from the Minister of law and human rights (Minister of Justice and human rights) for legal entities limited liability company and appropriate regulations for legal entities other than the limited liability company. 30. The President of the Republic of Indonesia Pemerintahadalah that holds the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 31. Local Government is the Governor, Governor, Mayor, and other areas as the organizer of local governance. 32. the capital investment Coordination Board, hereinafter abbreviated BKPM, is a Non Governmental Ministry responsible in the field of capital investment, led by a head under and is responsible directly to the President. 33. The device Region Province capital investment Field, hereinafter called PDPPM, is the head maid area element in the framework of the Organization of the regional Government of the province, with the form in accordance with the needs of each of the provincial government, which organizes the function www.djpp.kemenkumham.go.id


2013, no. 1138 15 main coordination in the field of capital investment in the provincial government. 34. The device area of Kabupaten/Kota areas of Investing, which is hereinafter referred to as PDKPM, is a helper element head area in order of organizing regional district/city government, with the form in accordance with the needs of each district/city government, which hosts the main functions of coordination in the field of capital investment in the district/city governments. 35. Free trade area and free port, hereinafter abbreviated as KPBPB, is a region located in the territory of the Republic of Indonesia Unity State law that is separate from the customs area so that it is free from the imposition of import duties, value added tax, a sales tax over luxury goods, and customs. 36. Special Economic Area, hereinafter abbreviated as KEK, is a region with a certain boundaries within the unitary State of Republic of Indonesia law set out to organize the economy and gain the functionality of certain facilities. 37. Activities report, which further capital investment disingkatLKPM, is the report on the development of the realization of investment and obstacles faced investor required delivered periodically. 38. The system of Licensing and Investment information services Electronically, hereinafter abbreviated as SPIPISE, is a system of Licensing and service of electronic Nonperizinan which is integrated between the BKPM with ministries/Non Governmental ministries have the authority licensing and Nonperizinan, the Agency Granted KPBPB, Administrator of KEK, PDPPM, PDKPM, Organizers and agencies in the field of capital investment PTSP. 39. Imports are goods enter into the activities of the regional customs Indonesia. 40. The importer is an individual person or business entity in the form of a legal entity or not legal entities that perform the import. 41. The classification of Raw Field Effort Indonesia, hereinafter called KBLI, is a grouping of any economic activity into the classification field effort. www.djpp.kemenkumham.go.id 2013, no. 1138 16 2. The provisions of paragraph (2), subsection (3), subsection (8), paragraph (10), paragraph (13), paragraph (2) and paragraph (3) of section 24 is amended, between paragraph (2) and paragraph (3) is inserted 1 (verse) i.e. subsection (2a), of subsection (12) and (13) inserted three (3) subsection i.e. subsection (12a), verse (12b) and verses (12 c), so that section 24 reads as follows: article 24 (1) the application for the permit principles to Domestic capital investment as stipulated in article 11 paragraph (2) for the establishment of a new business , submitted by: a. limited liability company (PT) which is wholly owned by the citizens of Indonesia; b. Commanditaire Vennootschap (CV) or firm (Fa), or individual efforts; c. Cooperative or foundation that was established by the citizens of Indonesia; or d. the State-owned enterprises (SOEs) or Areas owned enterprises (BUMD). (2) Corporate venture capital (PMV) may become a shareholder in the company with capital investment requirements in accordance with the provisions of the legislation. (2a) a capital Investment by the venture capital firm as referred to in paragraph (2) which is owned by the Investor In the country or that there is an element of foreign capital, are treated as national capital participation. (3) the inclusion of capital venture capital firm is temporary and should not exceed 10 (ten) years. (3a) the time period referred to in subsection (3) may be extended by not more than 5 (five) years in accordance with the provisions of the legislation. (4) the application for a permit for Foreign capital investment Principles can be filed before or after the company's status as a legal entity in the form of a limited liability company Indonesia which has got the endorsement of the Minister of Justice and human rights. (5) the application for a permit for Foreign capital investment Principles as stipulated in article 11 paragraph (2) before a status of legal entity Indonesia submitted by: a. other Governments and/or citizens of foreign countries and/or foreign business entities and/or Foreign capital investment companies; or www.djpp.kemenkumham.go.id 2013, no. 1138 17 b. other Governments and/or citizens of foreign countries and/or foreign business entities and/or Foreign capital investment company along with the citizens of Indonesia and/or legal entity Indonesia. (6) a permit issued on the basis of the principle of the application referred to in subsection (5), mandatory followed up with the creation of the deed of establishment of the limited liability company and is authorized by the Minister of Justice and human rights. (7) the application for a permit for Foreign capital investment Principles after the company's status as a legal entity in the form of a limited liability company Indonesia, submitted by the Board of Directors/leadership of the company. (8) the principle of Consent can not be published if the application referred to in subsection (1) and subsection (4) does not meet the: a. provisions of the closed businesses and businesses that are open to the requirements; b. sectoral provisions related businesses; and/or c. completeness of application requirements. (9) the company that the application for the permission in principle can not be published may file a petition for Permission Principle back after first meets the conditions referred to in subsection (8). (10) the application for a permit good Principles in order for Foreign Investment as well as the cultivation of the ModalDalam State, to perform the activities of more than one (1) line of business that one is a line of business of the industry, then the Consent principle is published separately, unless specified that the businesses in question compulsory integrated according laws-invitation. (11) the period of completion of the project set out in the Consent Principle is the longest of three (3) years from the date of issue of the permit principles, except for specific line of business which takes a longer project completion. (12) when the period of completion of the project referred to in paragraph (11) has ended, the company may be granted an extension of time of completion of the project in accordance with the principle of Consent/Surat Consent in advance. (12a) the company can apply for an extension of time of completion of the project referred to subsection (12) to the PTSP BKPM, PDPPM/www.djpp.kemenkumham.go.id PTSP organizers agencies in 2013, no. 1138 18 provinces, employing PDKPM PTSP organizers at the kabupaten/kota, KPBPB, KEK PTSP PTSP according those powers. (12b) the application for an extension of time of completion of the project referred to in subsection (12a) compulsory is lodged before the end of a period of completion of the project set out in Principle Permit/letter of approval. (12 c) In the application for an extension of time of completion of the project referred to in subsection (12a) submitted after the expiry of a period of completion of the project set out in Principle Permit/letter of approval, will do the review field. (13) If an extension of time of completion of the project referred to in subsection (12) has ended and the company has yet to complete the entire project, would do a review of the field. (14) from the results of the review referred to in paragraph field (12 c) and subsection (13), to the company: a. can be given back the extension of the project completion period longest in accordance with the principle of Consent/letter of approval; b. the principle of Consent can be given a replacement refer to the provisions of the applicable legislation and given a period of not longer than completion of the project in accordance with the principle of Consent/Surat Consent before; or c. carried out the principle of revocation/letter of approval refers to the provisions of the legislation. (3) if within the period of completion of the project referred to in paragraph (2) letter a and letter b has been concluded and the company has yet to complete the whole project, carried out the principle of revocation/letter of approval/Consent principle of replacement, refer to the provisions of laws-invitation. 3. Between paragraph (1) and paragraph (2) of article 27 are inserted one (1) subsection i.e. subsection (1a), and the letter g subsection (2) amended so that article 27 reads as follows: article 27 (1) the application for a permit for foreign capital investment Principles put forward by using the request form as listed in the Appendix I-a. www.djpp.kemenkumham.go.id


2013, no. 1138 19 (1a) in the process of issuance of the permit of the principle referred to in paragraph (1), the company would have to do a presentation in the presence of officials of the PTSP BKPM, PTSP KPBPB or PTSP KEK according its consulting about business activities outside the sector of public works, and certain other businesses that require a presentation based on the consideration of BKPM PTSP Officials, PTSP KPBPB or PTSP KEK over the appropriateness of business activities. (2) Application of the principle of Consent referred to in subsection (1), equipped with: a. the requirements for applicants who have not yet incorporated the laws of Indonesia, and the applicant is: 1. other Governments, attach a letter from the concerned State Government agency or letter issued by the Embassy/representative offices of the concerned countries in Indonesia; 2. foreign individual, attach a sheet recording a valid passport that lists the name and signature of the owner clearly; 3. a foreign business entity, attach a recording of articles of Association (article of association/incorporation) in the United Kingdom or Language translation in Indonesian Language a sworn olehpenterjemah that lists the order of the Board of Directors (board of Directors); 4. for participants of Indonesia: a) individual Indonesia, enclosing the recording ID and the recording of TAX ID; and/or b) legal Indonesia, attach a recorded deed of establishment of the company and its complete with the passage of the articles of perusahaandan approval/notification from the Minister of Justice and human rights, are record companies as well as licensing recordings NPWP owned company. b. applicants who have incorporated the law of Indonesia in the form of a limited liability company, attach: 1. the recording of the deed of establishment of the company and its changes are equipped with the basic pengesahanAnggaran of the company and approval/notification of changes, www.djpp.kemenkumham.go.id 2013, no. 1138 20 when there is, from the Minister of Justice and human rights as well as the company's NPWP recordings; 2. self evident shareholders, in the event that the shareholders are: a) other Governments, attach a letter from the concerned State Government agency or letter issued by the Embassy/representative offices of the concerned countries in Indonesia; b) foreign individuals, attach a recording of valid passport that lists the name and signature of the owner's passport clearly; c) foreign business entities, attach a recording of articles of Association (article of association/incorporation) in the United Kingdom or Language translation in Indonesian Language by a sworn translator that lists data Directors (Board of Directors); d) individual Indonesia, enclosing the recording ID and the recording of TAX ID; e) legal Indonesia, attach a recorded deed of establishment of the company and its complete with the passage of the articles of perusahaandan approval/notification from the Minister of Justice and human rights, recording perusahaanserta recording NPWP licensing owned the company. c. a description of the activity: 1. plan for the industry, such as production flow diagram (flow chart of production) are equipped with a detailed description of the production process by listing the types of raw materials; 2. for the service sector, in the form of the description of the activities to be performed and the resulting service product description; d. recommendations of the Ministry/Institution Builder when required in accordance with the line of business; e. application as referred to in paragraph (2) letter a signed above the seal enough by all the prospective shareholders or its power; www.djpp.kemenkumham.go.id 2013, no. 1138 21 f. application as referred to in paragraph (2) letter b above signed by enough directors seal/stamp of company and Chairman of the company, as the applicant; g. If the management petition is not done directly by the applicant as stated on the letter e and the letter f, the petition must be completed the original power of Attorney legal enough, as set forth in this rule. (3) in case of application as referred to in paragraph (1) was adopted, PTSP BKPM or KPBPB or PTSP PTSP KEK according its publishing Permit Principle with copy to: a. the Minister of the Interior; b. the Minister of finance; c. the Minister of law and human rights of u.p. Administration Director General common law; d. the Minister of the environment; e. Minister who built the field of venture capital investment is concerned; f. the Minister of cooperatives and small and medium Entrepreneurs (for line of business required partner); g. Governor of Bank Indonesia; h. National Land Agency Chief (for capital investment which will have land); i. the Chief Representative of the Republic of Indonesia on the Foreign Investor's home country; Supervisory Commission Chairman j. Business Competition (for Consent principle in the framework of the merger or acquisition of the company); k. the Director General of taxes; b. the Director General of customs and Excise; d. Technical Director-General concerned; n. Governor concerned; o. Bupati/Walikota concerned; p. Head of BKPM (Special Permission issued by the principle of PTSP KPBPB/PTSP KEK); q. the Head PDPPM/establishments in the province of PTSP Organizer (for Consent Principle issued by BKPM PTSP/KPBPB/PTSP PTSP KEK); www.djpp.kemenkumham.go.id 2013, no. 1138 22 r. PDKPM/agency Head organizer of PTSP in kabupaten/kota (specially for the principle of Consent issued by BKPM PTSP/KPBPB/PTSP PTSP KEK); s. Officials Indonesia Investment Promotion in the Foreign Investor's home country. (4) the principle of Consent referred to in paragraph (3) is published no later than 3 (three) working days since the receipt of the application are complete and true. (5) the form of the principle of Consent referred to in subsection (4) are listed in Annex I-C. (6) in the event the application referred to in subsection (1) is refused, the BKPM PTSP or KPBPB or PTSP PTSP KEK according its Permit Denial Letter making the principle of selambat the latest three (3) working days since the receipt of the application by mentioning the reason for the refusal. (7) the form Letter Rejection as referred to in paragraph (6) are listed in Appendix I-F. 4. The provisions of subsection (1), subsection (2), subsection (5) of article 28 is amended, and subsection (3), subsection (8), paragraph (9), subsection (10), (11) and (12) are removed, so that Article 28 reads as follows: article 28 (1) if the general meeting of shareholders in companies investing in the country to approve changes to the arrangement of the company's shareholder capital that resulted in the company becoming partially or completely owned by the Foreign Investor/Foreign capital investment companies , the company should state changes the order of shareholders in one of the forms below with regard for the provisions of the articles of Association of the company: a. treatise on general meeting of shareholders (GMS) in the form of deed of Statement of a valid appropriate meeting of the articles of Association of the company and has been noted (waarmerking) by a notary public; b. decision of the Circular all shareholders and have been noted (waarmerking) by a notary public; or c. a EXTRAORDINARY Events have been recorded (waarmerking) by the notary in accordance with the location of the GMS. (2) upon a change of equity capital of the company as referred to in paragraph (1), the first harusterlebih company www.djpp.kemenkumham.go.id 2013, no. 1138 23 get permission Principle as Foreign capital investment company of the PTSP BKPM, PTSP KPBPB or PTSP KEK before buying and selling shares is carried out and before the change approval/notification from the Minister of Justice and human rights. (3) is deleted. (4) the application for the permit of the principle referred to in paragraph (2) using Annex I-A and the principle of Consent form that is published is as listed in the Appendix I-C. (5) the requirement to apply for permission in Principle as referred to in paragraph (4) refer to the provisions as referred to in article 27 paragraph (2) letter b, letter c, letter d, letter f and the letter g. (6) the application for Consent Principle as Foreign capital investment companies as referred to in paragraph (4) submitted to BKPM, PTSP PTSP KPBPB or its corresponding KEK PTSP. (7) the principle of the Consent of the foreign capital investment companies as referred to in paragraph (4) is the permission to start a business as a Foreign Investment company. (8) removed. (9) removed. (10) removed. (11) removed. (12) delete. 5. The provisions of subsection (1), subsection (2), subsection (4) and paragraph (8) of article 29 amended and paragraph (3) is deleted, so that Article 29 reads as follows: article 29 (1) of the Foreign Investment companies who sell the entire shares to individuals Indonesia Citizen (WNI) or companies investing in the country, the company is obligated to declare the inclusion of capital perseroannya changes in the treatise: a. the general meeting of shareholders (GMS) in the form of deed of Statement of a valid appropriate meeting of the articles of Association of the company and has been noted (waarmerking) by Notary public; b. decision of the Circular all shareholders and have been noted (waarmerking) by a notary public; or www.djpp.kemenkumham.go.id


2013, no. 1138 24 c. News Event the GENERAL MEETING OF SHAREHOLDERS has been noted (waarmerking) by the notary in accordance with the location of the GMS. (2) upon a change of composition of the shareholders of the company as referred to in paragraph (1), the company is obligated to first receive permission Principle as Domestic capital investment company before buying and selling shares is carried out and before the change approval/notification from the Minister of Justice and human rights. (3) is deleted. (4) the requirement to apply for permission in Principle referred to in subsection (2) refers to the provisions referred to in article 27 paragraph (2) letter b. (5) the application for the permit of the principle referred to in paragraph (2) submitted to BKPM PTSP PTSP or KPBPB or to its corresponding KEK PTSP. (6) the application for the permit of the principle referred to in paragraph (2) using Annex I-A, and the principle of Consent form that is published is as listed in the Appendix I-B. (7) the principle of the Consent of the company investing in the country referred to in paragraph (4) is the permission to start a venture capital investment firm In the country. (8) the application for licensing Investment and licensing company in order to further the implementation of capital investment in the country, filed kePTSP BKPM, PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in kabupaten/kota, in KPBPB or in PTSP PTSP KEK according those powers. 6. The provisions of paragraph (4), subsection (5), subsection (6), paragraph (7) of article 31dihapus, paragraph (9), subsection (9), subsection (10) and subsection (12), and between paragraph (10) and (11) insert one (1) subsection i.e. subsection (10a), so the article 31 reads as follows: article 31 (1) the capital investment in the country as well as Foreign Investment, which perform activities based on the principle of Consent/registration/letter of approval of capital investment , are required to have a business license at the time ready do production/operations. (2) the application for business license as referred to in paragraph (1) proposed to the PTSP BKPM, PDPPM/diprovinsi, PTSP Organizer agencies PDKPM/www.djpp.kemenkumham.go.id PTSP Organizer agencies in 2013, no. 1138 25 kabupaten/kota, PTSP KPBPB or its corresponding KEK PTSP. (3) the business license as referred to in paragraph (1), published separately for each sector or a particular line of business, in accordance with the laws and regulations of ministries/institutions that foster a sector or field of endeavor. (4) deleted. (5) is deleted. (6) delete. (7) delete. (8) companies that have more than one (1) type kegiatanatau generate more than 1 (one) product and/or centrally in the lebihdari one (1) provincial/district Consent as stated in principle, and are ready for production/operasidapat apply for a business license simultaneously or in stages. (9) in terms of some of the types of activities or produkdan/or location of the project referred to in subsection (8) are ready for production/operations, companies can apply for a business license is specific to the types of activities or products and/or location of the project is to attach the description/explanation of plan completion time or the rest of the types of activities or products and/or location of the project. (10) for the rest of the types of activities or produkdan/or location of the project referred to in subsection (8) that is not yet ready production/operation then the companies can still use the principle of Consent as the basis for the execution of business activities. (10a) In the rest of the types of activities or products and/or location of the project referred to in paragraph (10) has prepared the production/operations, the company is obligated to make changes to business license as referred to in subsection (9) by applying for a business license change to the appropriate capital investment field PTSP those powers. (11) be valid business license is all companies still doing business activities, unless other specified on the basis of legislation. (12) the Foreign Investment that has possess business license issued by BKPM, PTSP PTSP KEK atauPTSP KPBPB, no longer needed to have a business license (SIUP) Trade published by the local government. www.djpp.kemenkumham.go.id 2013, no. 1138 26 7. The provisions of paragraph (1), subsection (2), and subsection (6) of article 38, paragraph (3) and subsection (4) is deleted, as well as between subsection (5) and paragraph (6) was inserted seven verse namely subsection (5a), subsection (5b), subsection (5 c), subsection (5), subsection (5e), verse (5f), and subsection (3.5), so the Article 38berbunyi as follows: article 38 (1) the capital investment Company may do the expansion of business areas in accordance with the legislation , with the necessity to have the permission of the principle of expansion. (2) the capital investment Company in the field of industrial businesses that undertake activities that do not meet the criteria of Expansion as stipulated in article 1 grain 13, classified activities start a business and must have the permission of the principle. (3) is deleted. (4) deleted. (5) a period of settlement activities expansion the longest during the three (3) years from the date specified and can be extended. (5a) the project completion period set out in the Consent principle of Expansion is the longest of three (3) years from the date of issue of the permit Extension Principle, except for the specific line of business which takes a longer project completion. (5b) If a period of completion of the project referred to in subsection (5a) has ended, the company may be granted an extension of time of completion of the project in accordance with the principle of the extension of Permission/Approval of the previous Expansion. (5 c) In extra time of completion of the project referred to in subsection (5b) has ended and the company has yet to complete the entire project, would do a review of the field. (5) the application for an extension of time of completion of the project referred to in subsection (5b) compulsory is lodged before the end of a period of completion of the project set out in Principle the extension of Permission/Approval to the expansion. (5e) once the application for an extension of time of completion of the project referred to in subsection (5 d) is performed after the expiry of a period of completion of the project assigned www.djpp.kemenkumham.go.id 2013, no. 1138 27 in Principle Permit an extension/expansion of a subpoena, would do a review of the field. (5f) from the results of the review of the field referred to in subsection (5 c) and subsection (5e), to the company: a. can be given back the extension of the period of completion of the project in accordance with the longest expansion of the principle of Consent/letter of approval of the extension before; b. extension of the principle of Consent can be given a replacement refer to the provisions of the applicable legislation and given a period of not longer than completion of the project in accordance with the principle of the extension of Permission/Approval of the previous Expansion; or c. carried out the principle of revocation Extension/Expansion Approval Letter refers to the provisions of the legislation. (5 g) if within the period of completion of the project referred to in paragraph (5f) letter a and letter b has been concluded and the company has yet to complete the whole project, carried out for the removal of the expansion Principle Permission/Approval/Permit expansion of the principle of expansion of replacement, refer to the provisions of the legislation. (6) upon application for extension of the principle of Consent to perform more than one (1) line of business that one is a line of business of the industry, then the extension of the principle of Consent is published separately, unless specified that the businesses in question compulsory integrated. (7) the application for extension of the principle of Consent submitted to BKPM PTSP, PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in kabupaten/kota, PTSP KPBPB or its corresponding KEK PTSP. 39. Article 8 is deleted. 9. Article 49dihapus. 10. Article 50 is removed. 11. The provisions of subsection (2), subsection (3), and subsection (5) of article 59 is removed, so that Article 59 reads as follows: www.djpp.kemenkumham.go.id 2013, no. 1138 28 Article 59 (1) the capital investment Company require an extension of time of completion of the project listed in Principle Permission/Consent principle of Expansion, required to have permission of the principle changes. (2) is deleted. (3) is deleted. (4) the application for the permit of the principle Changes submitted to BKPM PTSP, PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in kabupaten/kota, KPBPB, KEK PTSP PTSP according those powers. (5) is deleted. 12. The provisions of paragraph (2) of article 71 was deleted, so the Article 71 reads as follows: article 71 (1) of the Foreign Trade Company Representative Office (KP3A) is the individual CITIZENS or FOREIGN NATIONAL appointed by a foreign company or Foreign Company Joint overseas as its representative in Indonesia. (2) is deleted. (3) KP3A prohibited conduct trade activities and sales transactions, both from the beginning to the level with the settlement as proposed the tender, sign contracts, resolving claims and the like. (4) KP3A can be opened in the capital of the province and kabupaten/kota in the entire territory of the Republic of Indonesia. (5) any KP3A that employ one (1) a FOREIGN NATIONAL who is educated (S1) or equivalent to S1, and experienced work at least three (3) years in their field, obliged to employ at least three (3) people are experts and/or administrative power, LEGITIMATE CHILD(REN) who is evidenced by a letter Agreement to employ a workforce of Indonesia by attaching the tape ID and employment contract or salary slip still apply. (6) in implementing activities in the KP3A, must have a business license to Foreign Trade company representative (SIUP3A) of the PTSP BKPM. www.djpp.kemenkumham.go.id


2013, no. 1138 29 13. The provisions of paragraph (2) and paragraph (3) of article 78 is modified and among paragraphs (2) and paragraph (3) is inserted 1 (one) v. i.e. subsection (2a), so the Article 78 reads as follows: article 78 (1) the company in the implementation of capital investment activities can use a domestic production and/or imports. (2) companies with a particular line of business in the performance of its business activities using import engine can be given import duty exemption facilities over the import of his machines. (2a) a particular line of business referred to in subsection (2) refers to the regulation of the Minister of finance who set about the liberation of import duties over the import of machinery and goods and materials for construction or development both for the industries that produce goods or services in the framework of capital investment. (3) the import duty exemption Facilities over the import of machinery referred to in subsection (2) refers to the principle of Consent that has been owned. 14. The provisions of subsection (1), subsection (2), letter b, letter d, letter i, and the letter k, letter u, subsection (3), subsection (6) and subsection (8) of article 79 amended so that Article 79 reads as follows: article 79 (1) the import duty Facilities upon the import of the machine referred to Article 78 paragraph (2) for the construction and development, their petition submitted to BKPM PTSP. (2) the development referred to subsection (1) who is the addition, classified as an expansion of Business referred to in article 1 of the number 13. (3) the Application referred to in subsection (1) is filed using the import facility request form top of engine, as listed in Appendix VIII-A, dandengan equipped requirements: a. record the deed of establishment of the company and the changes come with the passage of the articles of Association of the company and approval/notification of changes, if any, of the Minister of Justice and human rights; b. the principle of Consent issued by BKPM, PTSP PDPPM/agencies in the province, PTSP Organizer www.djpp.kemenkumham.go.id 2013, no. 2961 of 30 PDKPM/agency Organizer PTSP in kabupaten/kota, according those powers; c. petition the masterlist proposed for procurement of machinery will be imported as a whole in accordance with the principle of Consent that has been published and presented at the beginning of the submission; d. list of machines and soft copy based on Investor Module BKPM covering the type of goods, HS Code, technical specifications, fit, number and price estimates in detail per port of the place of incorporation; e. TAX ID and a receipt of filing as Employers Taxable import facilities for filing machines for the construction industry; f. TAX ID and confirmation as Employers Taxable import facilities for filing machine for development (expansion) industry; g. Customs identification numbers (NIK) or filing receipt NIK; h. recording Number Identifier Importer Manufacturer (API-P); i. Description of the production process that identifies the type of raw material and equipped with a flow diagram (flow chart) specifically for industries that produce goods or descriptions concise untukbidang effort for the industry that produces services; a. calculation of the capacity of the production machines are tailored to the type of production Permit in Principle capital investment; k. the floor plan layout of the engine manufacturer for the industry that produces goods or technical drawings of the building/building for the industry that produces services; b. technical data brochures or machine; m. for mining companies in the form of the contract of Work (COW)/Perjanjian work of the coal mining company (Cca) should be equipped with a recommendation from the Ministry of energy and Mineral resources; n. the company integrated with Palm oil plantations industry of processing must be equipped with a technical recommendation of the Minister of agriculture cq. Director General of plantations which have been owned; www.djpp.kemenkumham.go.id 2013, no. 1138 31 o. for the rubber industry company become thick, latex sheet, crumb rubber, must be equipped with a technical recommendation of the Minister of agriculture cq. Director General of plantations which have been owned; p. the company integrated with sugar cane plantation industry of processing must be equipped with a technical recommendation of the Minister of agriculture cq. Director General of plantations which have been owned; q. the special Principle Permits mining companies equipped with Licences (IUP) and for mining services company equipped with the Mining business license (IUJP) and employment contract with the owner of IUP; r. IUP as mentioned in the letter q should be clean and clear from the Ministry of MINERAL RESOURCES; s. receipt delivery LKPM from BKPM, PDPPM or PDKPM and LKPM last period; t. petition signed above the seal enough by the Board of Directors/company stamp and the leadership of the company; u.s. to plea arrangements which are not carried out directly by the Board of Directors/leadership of the company, must be attached with the original power of Attorney legal enough, as set forth in this rule. (4) the period of validity period granting facilities import duties upon importation of machinery for the construction and development of given during 2 (two) years since the publication and can be extended in accordance with the longest period of completion of the project as stated in the Consent principle. (5) in the case of the petition is approved, the head of BKPM on behalf of the Minister of finance referred to in subsection (1) published a Decree Facilities import duties with the enclosed list of machines, with copy to: a. the Minister of finance; b. the Director General of customs and Excise; c. the Director General of taxes; d. Director General related; e. Deputy Field Control implementation of capital investment, BKPM; f. Head PDPPM; g. Head PDKPM; h. the head local customs service Office. www.djpp.kemenkumham.go.id 2013, no. 1138 32 (6) Letter Decision Awarding Facilities import duties over the Intake of the engine for development/development (expansion) as referred to in subsection (5) are listed in Appendix VIII-B. (7) in the case of the petition is denied, the BKPM Head on behalf of the Minister of finance to make a letter of denial of granting Facilities import duties over the Intake of the engine for development/development (expansion) and mention the reason for denial. (8) the form Letter Rejection as referred to in subsection (7) is listed in Appendix VIII-C. 3. The provisions of article 80 is amended so that Article 80 reads as follows: article 80 procedures of importing machines instead of as capital goods followed the procedures of importing regulated in the regulations the Secretary of Commerce. 16. The provisions of subsection (1), subsection (4), letter b, letter f and h, l, paragraph (5), subsection (7), subsection (9), and subsection (11) of article 81 amended so that Article 81 reads as follows: article 81 (1) the capital investment Company which has had a business license and will undertake a restructuring/modernization/rehabilitation with the permission of the production capacity does not exceed 30% (thirty per cent) as already established in the business license can be given import duty exemption facility impormesin. (2) the import duty exemption Facilities referred to in subsection (1) does not include the goods and materials. (3) the capital investment to the company applying for the import engine to top facilities development include restructuring/modernization/rehabilitation can be made directly to the factory review by Tim Verfikasi BKPM. (4) the period of validity period granting facilities import duties upon importation of machinery for restructuring/modernization/rehabilitation given during 2 (two) years since published its decision and can be extended in accordance with the timeframe set out in the Consent principle. www.djpp.kemenkumham.go.id 2013, no. 1138 33 (5) the application for the facility over the import of machinery/equipment as referred to in paragraph (1) be filed by using the import facility request form top of engine, as listed in Appendix IX-A, dandengan equipped requirements: a. the business license (IU) in order that capital investment is still valid; b. the machine List and the soft copy of it upon the BKPM Module includes Investor types, HS Code, technical specifications, fit, number and price estimates in detail per port of the place of incorporation; c. TAX ID and a letter of determination of Taxable Employers; d. submission of receipts or NIK NIK; e. recording Number Identifier Importer Manufacturer (API-P); f. Description of the production process that identifies the type of raw material and equipped with a flow diagram (flow chart) specifically for industries that produce goods or descriptions concise untukbidang effort for the industry that produces services; g. Description of the machine will be replaced/modernized/rehabilitated including the reason; h. floor plan layout of the engine manufacturer for the industry that produces the barangatau technical drawings of the building/building for the industry that produces services; i. technical data of the machine or brochure to be imported; j. receipt of delivery LKPM from BKPM, PDPPM or PDKPM and LKPM last period; k. plea signed above the seal enough by the Board of Directors/company stamp and the leadership of the company; b. for maintaining the application is not done directly by the Board of Directors/leadership of the company, must be attached with the original power of Attorney legal enough, as set forth in this rule. (6) the company that its business Permit issued by Ministries/Agencies can apply for import machine facilities restructuring/modernization/rehabilitation. (7) a capital investment to the company applying for the import machinery facilities as referred to in paragraph (6) conducted research with a visit to www.djpp.kemenkumham.go.id


2013, no. 1138 34 directly to the location of the plant or by any other means specified by the verification team BKPM. (8) in the event the application is approved, the head of BKPM on behalf of the Minister of finance referred to in subsection (1) published a letter KeputusanPemberian Facilities import duties over the Revenue Engine for the development of (the restructuring/modernization/rehabilitation). (9) the form of a decision letter as referred to in paragraph (8), listed in Annex IX-B. (10) in the case of the petition is denied, the BKPM Head on behalf of the Minister of finance to make a letter of PenolakanPemberian Facilities import duties over the Intake of the engine for the development of (the restructuring/modernization/rehabilitation) and mention the reason for denial. (11) the form Letter Rejection as referred to in paragraph (10) is listed in Appendix IX-C. 17. The provisions of subparagraph d of paragraph (2), subsection (4), letter d, letter e and the letter g, letter m, paragraph (6), paragraph (7), subsection (8) and paragraph (9) of article 82 modified and among paragraphs (4) and paragraph (5) inserted three (3) subsection i.e. subsection (4a), (4b) and (4 c), so that Article 82 reads as follows: article 82 (1) of the decision of the import duty exemption facilities as stipulated in article 79 and section 81 can do change the setting. (2) change the determination referred to in subsection (1) includes the following: a. changes, replacement and/or additions to the machine; b. extension of the period of importation of machinery; c. change, replacement of the technical specifications of the machine; d. change, replacement, addition of Harbour place of incorporation; e. changes, replacement and/or the addition of country of unloading; f. changes, replacement and/or the addition of details of the machine. (3) changes to the decision awarding facilities as subsection (2) may only be conducted if: www.djpp.kemenkumham.go.id 2013, no. 1138 35 a. engine has not been imported, that is yet to get a registration number (Nopen) upon notification of Import goods (PIB); b. are still in the period of liberation. (4) the petition for changes to the assignment grant of import duties over the facilities of the machine may be submitted every 3 (three) months. (4a) in the case of application for the change, the replacement of the technical specifications of the machine only 2 (two) times during the period/time of granting facilities import duty upon the importation of machinery. (4b) taking into account technical reasons related quantity value of investments and the level of realization of importing machinery, requests for changes to the assignment grant of import duties over the facilities of the machine can be done other than those regulated in paragraph (4) and subsection (4a). (4 c) the application for the change referred to in subsection (4) is equipped with: a. the Bill of Lading (b/l) or AirwaysBill (AWB); b. Packing list; c. the Invoice; d. Contract; and e. a Technical Explanation. (5) the petition for import duty facilities over changes to the determination of the import machinery for capital investment company which has obtained Decree Facilities import duty as referred to in paragraph (1), submitted to BKPM PTSP. (6) the Application referred to in subsection (5) submitted using the application forms or additions and/or changes over machinery import facilities as listed in Annex X-A and equipped the following requirements: a. petition signed above the seal enough by the leadership of the Board of Directors/company stamp and accompanied by reason of the change, the replacement and/or expand upon the importation of Machinery; b. Subpoena top import duty Exemption of imported machines that will be proposed changes; c. Principle Permit a valid Investment issued by BKPM, PTSP PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in district/city; www.djpp.kemenkumham.go.id 2013, no. 1138 36 d. list of machines and soft copy of it upon the BKPM Module includes Investor types, HS Code, technical specifications, fit, number and price estimates in detail per port of the place of incorporation; e. Description of the production process that identifies the type of raw material and equipped with a flow diagram (flow chart) specifically for industries that produce goods or brief description for the line of business for the industry that produces the service when there is an addition of machines/equipment; f. calculation of engine capacity production or service capacity calculation if there is addition of machines/equipment; g. floor plan layout of the engine manufacturer for the industry that produces goods or technical drawings of the building/building for the industry that produces the service, when there is an addition of machines/equipment; h. for mining companies in the form of the contract of Work (COW)/Perjanjian work of the coal mining company (Cca), comes with a recommendation from the Ministry of energy and Mineral resources; i. technical data brochures or machine (for special addition/replacement of machinery equipment); j. receipt of delivery LKPM from BKPM, PDPPM or PDKPM and LKPM last period; k. recapitulation of the realization of the import machinery and receipt of delivery reports on the realization of the import machinery; b. legal affidavit that against the machine/equipment listed in the masterlist be modified/replaced prior to importing; d. for the management of the application that are not carried out directly by the Board of Directors/leadership of the company, must be attached with the original power of Attorney legal enough, as set forth in this dalamPeraturan. (7) in terms of application as referred to in paragraph (5) was adopted, the head of BKPM on behalf of the Minister of Finance issued the Decree Changes the import Machinery Facilities and/or decision letter Expand imports of machinery. (8) the form of a decision letter as referred to in paragraph (7), listed in Annex X and annex X-B-C. (9) in the event the application referred to in subsection (5) is refused, the head of BKPM on behalf of the Minister of finance to make www.djpp.kemenkumham.go.id 2013, no. 1138 37 letters of Rejection of imported Machinery Facilities Changes and/or Rejection of imported Machinery Facilities with the addition of the mention of the reason for denial. (10) the form Letter Rejection as referred to in paragraph (9) are listed in Annex X and of X-E. 18. The provisions of subsection (1), subsection (3), subsection (4), subparagraph f of paragraph (5), subsection (6), paragraph (7), subsection (8), paragraph (9), subsection (10), and of paragraph (3) and paragraph (4) was inserted one (1) subsection i.e. subsection (3a), so the Article 83 reads as follows: article 83 (1) period of validity period granting facilities import duties upon import of machinery is given for 2 (two) years since published determination. (2) the period of time referred to in subsection (1) may be extended each year the longest time period corresponds to the completion of the project as stated in the Consent principle. (3) Keputusanperpanjangan as referred to in paragraph (2), must be published before the expiration of the applicable import duties machinery facilities. (3a) in the case of filing the extension of the period of granting facilities import duties upon imports made after the expiry of the validity period of facilities, then the extension of the facilities provided from the date specified: a. for 1 (one) year period reduced the delay in filing; or b. the time period up to completion of the project as stated in the Consent Principle reduced the time delay in filing. (4) the period of validity period granting facilities import duties upon importation of machinery for the development order restructuring/modernization/rehabilitation given during 2 (two) years since published its decision and can be extended in accordance with the timeframe set out in the Consent principle. (5) the application for Extension of time Machine Import Decision for the capital investment company has got a letter Decision, the import duty Facilities submitted to BKPM PTSP facilities, using the form of application for extension of time www.djpp.kemenkumham.go.id 2013, no. 1138 38 importing machinery, as stated in Annex XI-A, and feature the following requirements: a. Permit recording principles still apply; b. Decree recording Facilities import duty upon the importation of machinery proposed an extension of the period of time; c. recapitulation of the realization of the above types of machines/equipment that had already been imported; d. receipt of delivery LKPM from BKPM, PDPPM or PDKPM and LKPM last period; e. application accompanied by an explanation/reason for filing an extension is signed over the seal enough by the leadership of the Board of Directors/company; f. for the management of the application are not done directly carried out by the Board of Directors/leadership of the company, must be attached with the original power of Attorney legal enough, as set forth in this dalamPeraturan. (6) in case of application as referred to in paragraph (5) was adopted, the head of BKPM on behalf of the Minister of Finance issued the Decree after extra time Importing machines. (7) the form of a decision letter as referred to in paragraph (6) are listed in Annex XI-b. (8) in the event the application referred to in subsection (5) is refused, the head of BKPM on behalf of the Minister of finance to make a letter of rejection of the extension of Time Importing machines with mention of the reason for denial. (9) Form Rejection Letter as referred to in subsection (8) are listed in Annex XI-D. (10) upon application as referred to in article 82 paragraph (5) and section 83 subsection (5) may be published in a decree. 19. Between paragraph (1) and paragraph (2) is inserted 1 (one) v. i.e. subsection (1a), subsection (2), subsection (3), subparagraph f of paragraph (5), subsection (6), subsection (9) and (10) of article 86 modified and added one (1) subsection i.e., paragraph (11), so that Article 86 read as follows: Article 86 (1) a company which has obtained Decree Facilities import duties Upon importation of goods and Materials , if not yet www.djpp.kemenkumham.go.id


2013, no. 1138 39 complete imports within 2 (two) years can be granted an extension of time importing. (1a) an extension of time of import as referred to in paragraph (1), can be given 1 (one) time for importing over 1 (one) years counted since the expiration of import as referred to in paragraph (1) and may not be extended. (2) the Company uses production machines In the country with the level of the components in the country at least 30% (thirty per cent) as stipulated in article 84 paragraph (5) may be granted an extension of time for special import goods and materials subject to the provisions of the Commerce import import quotas be based on rules of responsible ministers in the field of trade. (3) extension of time of import as referred to in paragraph (2), can be given 1 (one) time for importing over 1 (one) tahunterhitung since the publication of the decision letter of the extension of the period of time importing and cannot be extended. (4) submission of an application for extension of Time Importing goods and materials as subsection (3) must be submitted before the period of enactment granting facilities import duties upon import of the goods and materials over. (5) application for approval of an extension of time Importing goods and material for capital investment companies which have been awarded the decision letter of the Facilities capital investment, submitted to BKPM PTSP by using application form an extension of time importing goods and materials, as listed in Appendix XI-A, and feature the following requirements: a. the business license (IU) published by BKPM, PTSP PDPPM/establishments in the province of PTSP organizers, or PDKPM/agency Organizer PTSP in district/city; b. Decree Facilities import duties upon importation of goods and materials; c. recapitulation of the realization of the import goods and materials and a description of the rest of the goods and materials that have not been imported; d. receipt of delivery LKPM from BKPM, PDPPM or PDKPM and LKPM last period; www.djpp.kemenkumham.go.id 2013, no. 1138 40 e. petition signed above the seal enough by the Board of Directors/corporate leadership and seals; f. for the management of the application that are not carried out directly by the Board of Directors/leadership of the company, must be attached with the original power of Attorney legal enough, as set forth in this rule. (6) in case of application as referred to in paragraph (5) was adopted, the head of BKPM on behalf of the Minister of Finance issued the Decree after extra time Importing Goods and materials. (7) the form of a decision letter as referred to in paragraph (6), are listed in Annex XI-C. (8) the decision of the extension referred to in paragraph (3), should be published before the expiration of the applicable facilities goods and materials. (9) in the event the application referred to in subsection (5) is refused, the head of BKPM on behalf of the Minister of finance to make a letter of rejection of the goods and Materials Change by mentioning the reason for the refusal. (10) the form Letter Rejection as referred to in paragraph (9) are listed in Annex XI-E. (11) upon application as referred to in article 82 paragraph (5) and section 83 subsection (5) may be published in a decree. 20. The provisions of subsection (1), subsection (2), subsection (5), subsection (6), and paragraph (7) of article 103, between paragraph (5) and subsection (6) inserted 2 (two) paragraph i.e. subsection (5a) and (5b), and between paragraphs (6) and subsection (7) is inserted 2 (two) paragraph i.e. subsection (6a) and (6b), so that Article 103 reads as follows: article 103 (1) the application for the permit a proposed Investment Principles before Indonesia's status as a legal entity , signed by the entire shareholders ' nominees or other authorized party. (2) the application for licensing and Nonperizinan capital investment put forward after Indonesia's status as a legal entity, shall be signed by the Board of Directors/leadership of the company. www.djpp.kemenkumham.go.id 2013, no. 1138 41 (3) signing of the application referred to in subsection (2) may be made by employees of one level under the Office of the Board of Directors/leadership of the company, equipped with: a. Letter from the leadership of the Board of Directors/company stating a description of the conditions which do not allow for the leadership of the Board of Directors/company to sign the petition and that the leadership of the Board of Directors/company know and approve the petition being delivered; b. tasks of the Board of Directors of Warrant/direction of the company; c. recording of the identity of Directors/leadership of the company with the original shows; and d. for the receiver power is evidenced by the record ID and a letter of appointment as employees by showing the original. (4) the power to sign the application referred to in subsection (1) may not be disubstitusikan again to another party. (5) the Application referred to in subsection (1) and paragraph (2) presented to the PTSP BKPM, PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in kabupaten/kota, KPBPB, KEK PTSP PTSP according those powers. (5a) the submission of the application referred to in subsection (1) may be made by the company's shareholder seluruhcalon or one of the parties below based on power of Attorney from all prospective shareholders of the company, without the right of substitution, by: a. one of the prospective shareholders of the company; b. individual Advocate; c. Advocate that form the perdatasebagai Alliance legal consultant; d. Notary; e. representatives of Chambers of Commerce and Industry of the country's prospective shareholders of the company; or f. the domestic capital investment Company in the field of usahajasa consulting. (5b) the submission of the application referred to in subsection (2), carried out by the Board of Directors/leadership of the company or one of the parties is based on the power of Attorney of the Board of Directors/leadership of the company, without the right of substitution, namely by: www.djpp.kemenkumham.go.id 2013, no. 1138 42 a. company employees; b. individual Advocate; c. Advocate that form the perdatasebagai Alliance legal consultant; d. Notary; e. representatives of Chambers of Commerce and Industry of the country's prospective shareholders of the company; or f. the domestic capital investment Company in the field of business consulting services. (6) the filing of a petition made by the parties referred to in subsection (5a) and (5b) the letter c, letter d, letter e, letter f, and can be assigned to the associate/Office/corporate employees who have the competence and ability to provide information that is complete and accurate and is responsible for all information submitted. (6a) officials in PTSP BKPM, PDPPM/agencies in the province, PTSP Organizer PDKPM/agency Organizer PTSP in kabupaten/kota, KPBPB, KEK PTSP PTSP according those powers, has rejected the petition submitted by the associate/Office/corporate employees who did not have the competence and ability to provide information that is complete and accurate; (6b) the determination of the assignment referred to in paragraph (6) are listed in the power of Attorney referred to in subsection (5a) and (5b). (7) the power of Attorney application management as referred to in paragraph (5a) and (5b) both list the assignment referred to in paragraph (6b) and which do not include the mandatory assignments, equipped with sufficient postage labels, and recordings of the clear identity of the giver and receiver power. 21. The provisions of subsection (1), subsection (2), subsection (3) and paragraph (4) of article 108 is amended and paragraph (5) is deleted, so that Article 108 reads as follows: article 108 (1) the capital investment Company has set obligations divestasinya on approval letter and/or business license prior to the entry into force of this regulation, then the liability of divestment www.djpp.kemenkumham.go.id 2013, no. 1138 43 remains binding and must be carried out in accordance with a predetermined period of time. (2) the capital investment Company has maturing obligations divestasinya and haven't gotten the prospective shareholder Indonesia citizens and/or companies investing in the country can apply for an extension of the period of implementation of the obligations of the divestment to PTSP BKPM/KPBPB/PTSP PTSP KEK according those powers, using the consent form the principle Changes listed in annex II-A, attaching proof of the efforts the company has undertaken in order to implement the divestment obligation. (3) upon the application referred to in subsection (2), PTSP BKPM/KPBPB/PTSP PTSP KEK according kewenangannyadapat issued the implementation deadline of divesting the longest 2 (two) years counted from the date of approval of the extension of time the implementation of divestasiditerbitkan. (4) taking into account the description of the efforts the company has undertaken to implement the obligations of the divestment, PTSP BKPM/KPBPB/PTSP PTSP KEK according those powers may refuse the application for extension of period of implementation of divestitures and company must carry out the divestment obligation. (5) is deleted. Article II Regulations the head of this capital investment Coordination Board came into force on the date of promulgation. www.djpp.kemenkumham.go.id 2013, no. 1138 44 so that everyone knows it, ordered the enactment of regulations this Head with its placement in the news of the Republic of Indonesia. Established in Jakarta on September 11, 2013 HEAD of CAPITAL INVESTMENT COORDINATION BOARD of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on 18 September 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id