a. that the issuance of Trade License as legality of business in trade sector need to get facility, uniformity and order so that it can improve public service;
b. that to create conducive business climate to improve investment, it need to provide the SIUP primary issuance service to the business world;
c. that based on consideration as intended in paragraphs a and b, it need to issue Regulation of The Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Emergency Law No. 7/1955 concerning Investigation, Indictment and Trial of Economic Crime (Statute Book No. 27/1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in lieu of Law No. 1/1971 (Statute Book No. 55/1971, Supplement to Statute Book No. 2966);
3. Law No. 3/1982 concerning Obligation of Company Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
4. Law No. 25/1992 concerning Cooperation (Statute Book No. 116/1992, Supplement to Statute Book No. 3502);
5. Law No. 9/1995 concerning Small Business (Statute Book No. 74/1995, Supplement to Statute Book No. 3611);
6. Law No. 32/1997 concerning Commodity Future Trading (Statute Book No. 93/1997, Supplement to Statute Book No. 3720);
7. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
8. Law No. 36/2000 concerning Stipulation of Governance Regulation In Lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port into Law (Statute Book No. 251/2000, Supplement to Statute Book No. 4053);
9. Law No. 37/2000 concerning Stipulation of Government Regulation In Lieu of Law No. 2/2000 concerning Free Trade Zone and Sabang Free Port into Law (Statute Book No. 252/2000, Supplement to Statute Book No. 4054);
10. Law No. 32/2004 concerning Regional Administration (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);
11. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
12. Law No. 29/2007 concerning Jakarta Administration as the Capital of the Republic of Indonesia (Statute Book No. 93/2007, Supplement to Statute Book No. 4744);
13. Law No. 40/2007 concerning Limited Company (Statute Book No. 106/2007, Supplement to Statute Book No. 4756);
14.Government Regulation No. 1/1957 concerning Company Distribution (Statute Book No. 7/1957, Supplement to Statute Book No. 1144) as amended several times, the latest by Government Regulation No. 53/1957 (Statute Book No. 150/1957, Supplement to Statute Book No. 1467);
15 Government Regulation No. 38/2007 concerning Division of Administration Among the Government, the Government of Province and Government of Regency/City (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
16. Presidential Decree No. 187/M/2004 concerning the Formation of Indonesian Unity Cabinet as amended by Presidential Decree No. 171/M/2005;
17. Presidential Regulation No. 9/2005 concerning the Position, Duty, Function, Structure and Working Arrangement of the State Ministries as amended by Presidential Regulation No. 94/2006;
18. Presidential Regulation No. 10/2005 concerning Organizational Unit and Duty of Echelon I of State Ministries as amended by Presidential Regulation No. 17/2007;
19. Presidential Regulation No. 76/2007 concerning Criteria and Requirement for the Establishment of Closed Business and Opened Business With Requirements in Investment;
20. Presidential Regulation No. 77/2007 concerning List of Closed Business and Opened Business With Requirements in Investment;
21. Decree of the Ministry of Industry and Trade No. 23/MPP/Kep/1/1998 concerning Trade Institutions;
22. Regulation of The Minister of Trade No. 01/MDAG/PER/3/2005 concerning Organization and Working Arrangement of the Trade Ministry as amended by Regulation of the Minister of Trade No. 22/MDAG/PER/12/2007;
REGULATION OF THE MINISTER OF TRADE CONCERNING ISSUANCE OF TRADE LICENSE
In this regulation:
1. Trade is transaction activities of goods or services such as selling-buying, rental continuously aims at transferring ownership over good or service with compensation.
2. Trading company is business unit that runs activity in trading sector which is durable, sustainable, established, run and located in Indonesia territory for making profit.
3. Proposal of trade license hereinafter called SP-SIUP is a form filled by a company that consists of company profile to get license for small/medium/big business.
4. Trade License hereinafter called SIUP is a license to carry out trade business.
5. Change of company is any changes of company profile that include changes in name of company, structure of company, company's address, name of owner, capital and net asset, structure, business unit and main goods/service trading commodity.
6. Branch of company is the part of company unit of the main company may be located in different areas that can operate independently or operate the some activities of the main office.
7. Representative of company is company that operates to represent the main office in running activities based on authority assigned to it.
8. Remote area is district area geographically difficult to be accessed and only can be accessed by plane or ferry/ship.
9. Official that issue SIUP is Head of Agency accountable in trade sector in the area or official accountable for the integrated One Window Service or other official given the authority based on this regulation.
10. Governor is Head of Province as intended in Law No. 34/1999 concerning the Administration of Capital Area of Jakarta and Law No. 32/2004 concerning Regional Administration.
11. Regent is Head of Regency as intended in Law No. 32/2004 concerning Regional Administration.
12. Mayor is Head of City as intended in Law No. 32/2004 concerning Regional Administration.
13. Minister is Minister whose duty and responsibility in trade sector.
(1) Every company that carry out trade shall have SIUP.
(2) SIUP as intended in paragraph (1) consists of:
(1) Small SIUP shall be owned by Trading company with capital and net asset amounting to Rp. 200,000,000 (two hundred million rupiah), excluding land and building location of the business.
(2) Medium SIUP shall be owned by Trading company with capital and net asset amounting between Rp 200,000,000 (two hundred million rupiah) up to Rp 500,000,000 (five hundred million rupiah), excluding land and building location of the business.
(3) Big SIUP shall be owned by Trading company with capital and net asset amounting more than Rp 500,000,000 (five hundred million rupiah) excluding land and building location of the business.
(1) Obligation to own SIUP as intended in Article 2 paragraph (1) shall not be applied on:
(2) Company as intended in paragraph (1) b and c can have SIUP if wanted.
(1) SIUP shall not be allowed to carry out activities:
(2) Wholesaler is prohibited from doing activities as retailer and informal seller.
(1) SIUP shall be issued based on location of company and shall be effective in all area of Indonesia.
(2) SIUP shall be given to the Owner or Management or someone accountable on behalf of the Company.
(3) SIUP as intended in paragraph (1) can be given to domestic and foreign investors in accordance with investment laws.
(1) SIUP shall be effective as long as Trading Company run business.
(2) Trading company as intended in paragraph (1) shall reregister every 5 years at the place of SIUP issuance.
(1) Minister has authority in SIUP regulation.
(2) Minister hands over authority in SIUP issuance to:
(3) Regent/Mayor hand over authority in SIUP issuance to Head of Agency responsible in trading or official responsible in local Integrated One Window Service.
(4) Governor of Jakarta hand over authority in SIUP issuance to Head of Agency responsible in trading or official responsible in local Integrated One Window Service.
(5) Particularly in Free Trade Zone and Free Port, Governor, Regent/Mayor hand over authority in SIUP issuance to official responsible in Authority Board of Free Trade Zone and Free Port.
(6) Particularly in remote area, regent/mayor can hand over the authority in SIUP issuance to head of district.
(1) Directorate General of Domestic Trade carries out fostering and evaluation into national SIUP issuance.
(2) Agency whose duty and responsibility in trade at province carries out fostering and evaluation into SIUP issuance in that area.
(3) Agency whose duty and responsibility in trade at Jakarta administration carries out fostering and evaluation into SIUP issuance.
(4) Agency whose duty and responsibility in trade at regency/municipality carries out fostering and evaluation into SIUP issuance.
Official who is responsible in Integrated One Window Service as intended in Article 8 paragraph (3) and paragraph (4) shall coordinate with Agency that is responsible in local trade and SIUP issuance.
(1) New SP-SIUP shall be submitted to official at SIUP issuance by filling out SP-SIUP form mentioned in attachment I, by enclosing document mentioned in attachment II of this regulation.
(2) New SP-SIUP or amendment shall be signed by owner or executive or official accountable in the company on stamped paper.
(3) Third party that proposes for new SIUP or amendment shall enclose letter of assignment signed in by owner or executive or official accountable in the company.
(1) No later than 3 (three) days since accepting SP-SIUP with complete document, SIUP issuance official issues SIUP using form in attachment III of this regulation with the following provision:
(2) If SP-SIUP and document are not complete, SIUP issuance official makes a letter of rejection no later than 3 (three) days since accepting the document.
(3) Those whose proposal for SIUP is rejected can propose another in accordance to the requirement in this regulation.
(1) SIUP owner that will open branch office or representative office shall report in written text to SIUP issuance official at the location of the branch office or representative office by enclosing document mentioned in attachment II.
(2) No later than 3 (three) working days since accepting the report and document as intended in paragraph (1), SIUP issuance official make a note in Register Book of the opening of branch office and representative office at put signature and stamp on the front cover of copy of SIUP of main office.
(3) Copy of SIUP as intended in paragraph (2) is effective as Trade License for the branch office or representative office to carry out business activities in the designated location.
(1) Any modification on data of company, Owner, Management or Official accountable shall propose for SPSIUP amendment by using form in attachment I and enclosing document in attachment II of this regulation.
(2) No later than 3 (three) days since accepting SP-SIUP amendment and complete document, SIUP issuance official issue amended SIUP by using form in attachment III of this regulation.
(1) In case where SIUP is lost or damage, Owner or Management or Official accountable at the company shall propose for SIUP substitute to official that issue SIUP at the location of the company mentioned in attachment II.
(2) No later than 3 (three) days since accepting the proposal for SIUP substitute and document, SIUP issuance official issue SIUP substitute with form mentioned in attachment III of this regulation.
(1) Every company that proposes new SIUP is free of charge.
(2) Every company that has SIUP and proposes another SIUP is charged with administrative fee for:
(3) Amendment and substitution of SIUP which is lost or damage for Company as intended in Article 14 paragraph (1) and Article 15 paragraph (1) is free of charge.
(4) The amount of fee as intended in paragraph (2) is a guideline for the administration in the province and regency or municipality in deciding the fee.
(5) The administration in the province, regency or municipality shall put the amount of fee as intended in paragraph (2) on board of information at each local office dealing with trade or Integrated One Window Service Office.
If needed by minister or SIUP issuance official, SIUP owner shall report the trade activities by using form mentioned in attachment IV of this regulation.
(1) SIUP owner that does not have trade activities for consecutive 6 (six) months consequently or close the company shall submit written report to SIUP issuance official with reasons and return the original SIUP.
(2) Over the report as intended in paragraph (1), SIUP issuance Official issue a Decision on the Closure of the Company using form in attachment V of this regulation.
(1) SIUP issuance official shall submit progress report of the issuance and revocation of SIUP and the closing of company to Director General of Domestic Trade via Director of Business Supervision and Company Registration with a copy to the Governor, Regent/Mayor and Head of Agency dealing with trading affairs at the provincial administration using form in attachment VI.
(2) The report in paragraph (1) is submitted every 6 (six) months.
(1) Owner or Management or Accountable Official at Trading company that has had SIUP, that violate provision in Article 7 paragraph (2), Article 13 paragraph (1), Article 14, Article 17, Article 18 paragraph (1) may fine administrative sanction of written caution by SIUP Issuance Official.
(2) Written caution as intended in paragraph (1) is given at most 3 (three) times with 2 (two) weeks break since the date of the caution issued by SIUP Issuance Official.
(3) Written caution as intended in paragraph (1) uses form in attachment VII of this regulation.
(1) Owner or Management or Accountable Official at company that has had SIUP, that ignores the written caution as intended in Article 20 paragraph (2) or Article 5 paragraph (1) a, may fine administrative sanction of temporary SIUP termination for maximum 3 (three) months.
(2) Temporary termination as intended in paragraph (1) is made by SIUP Issuance Official by issuing a Decision of Temporary Termination.
(3) Decree of Temporary Termination of SIUP as intended in paragraph (2) uses form in attachment IX of this Regulation.
(1) Owner or Management or Accountable Official at company that has SIUP that violates provision in Article 3 and Article 21 paragraph (1) fines administrative sanction of SIUP revocation.
(2) SIUP revocation as intended in paragraph (1) is carried out by SIUP Issuance Official by issuing Decision of SIUP revocation.
(3) Decision on SIUP revocation as intended in paragraph (2) uses form in attachment IX of this regulation.
Violation to provision in Article 2 paragraph (1) and Article 5 paragraphs (1) b, c, d, e and paragraph (2) may fine sanction of the existing laws and regulations.
Technical guidance on the issuance of Trade License shall be decided by Director General of Domestic Trade, Ministry of Trade.
(1) Small SIUP, Medium SIUP, Big SIUP and public listed company SIUP issued before the enactment of this regulation is effective as long as the company runs business.
(2) The issuance of SIUP based on this provision is made no later than 6 (six) months after the enactment of this regulation.
At the time this Regulation of The Minister of Trade is effective, Regulation of The Minister of Trade Republic of Indonesia No. 09/M-DAG/PER/3/2006 concerning Provision and Procedure of the Issuance of Trade License is revoked and declared null.
This regulation is effective since the date of stipulation.
For public cognizance, order the announcement of this Regulation in the Statute Book Republic of Indonesia.
Stipulated in Jakarta
on September 4, 2007
THE MINISTER OF TRADE,
signed,
MARl ELKA PANGESTU