to Indonesian
that to implement provision in Article 7 paragraph (2) and paragraph (3) of Presidential Regulation No. 27/2009 concerning Integrated Single Window Service in the Investment Field, it is necessary to stipulate Regulation of the Minister of Trade concerning Delegation of Authority to Give Investment Business Permit in the Trading Field to Head of Investment Coordination Board in the Framework of Integrated Single Window Implementation in the Investment Field
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning Company Registration Compulsory (Statute Book of the Republic of Indonesia No. 7 or 1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
3. Law No. 32/2004 concerning Regional Government (Statute Book of the Republic of Indonesia No. 125/2004, Supplement to Statute Book of the Republic of Indonesia No. 4437) as amended several times, the latest by Law No. 12/2008 (Statute Book of the Republic of Indonesia No. 59/2008, Supplement to Statute Book of the Republic of Indonesia No. 4844);
4. Law No. 25/2007 concerning Investment (Statute Book of the Republic of Indonesia No. 67/2007, Supplement to Statute Book of the Republic of Indonesia No. 4724);
5. Law No. 39/2007 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
6. Government Regulation No. 38/2007 concerning Division of Administering Among Government, Province Regional Government, and District/Municipality Regional Government (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
7. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
8. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries of the Republic of Indonesia as amended by Presidential Regulation No. 77/2011;
9. Presidential Regulation No. 24/2010 concerning Position, Duty and Function of State Ministries as well as Organization Structure, Duty and Function of First Echelon of State Ministries;
10. Presidential Regulation No. 90/2007 concerning Investment Coordination Board;
11. Presidential Regulation No. 27/2009 concerning Single Window Integrated Service in the Investment Field;
12. Regulation of the Minister of Trade No. 10/M-DAG/PER/3/2006 concerning Provision and Procedure for Issuance of Foreign Trading Representative Business License as amended by Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2010;
13. Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2006 concerning Procedure to Issue Surveyor Service Business Permit;
14. Regulation of the Minister of Trade No. 33/M-DAG/PER/8/2006 concerning Property Trading Broker Company;
15. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING DELEGATION OF AUTHORITY TO GIVE INVESTMENT BUSINESS PERMIT IN THE TRADING FIELD TO HEAD OF INVESTMENT COORDINATION BOARD IN THE FRAMEWORK OF INTEGRATED SINGLE WINDOW IMPLEMENTATION IN THE INVESTMENT FIELD
In this Ministerial Regulation:
1. Permits in Trading Field is all kinds of approvals to make investment in trading field that are issued by Minister.
2. Delegation of Authority is giving duty, right, obligation, and responsibility of investment licensing in Trading field, include signing on behalf of Minister to the Head of Investment Coordination Board.
3. Single Window Service, hereinafter abbreviated as PTSP, is licensing and non licensing implementation activities are delegated from institution or agency that has licensing and non licensing authority which its management process is stated from application phase until issuance of document phase in one place.
4. Investment Coordination Board, hereinafter called BKPM, is Non Ministry Government Agency that has responsibility in investment field, lead by a Head that has direct responsibility to the President.
5. Minister is minister who implement government administration in trading field.
(1) Minister delegates authority to give investment permit in the trading field to the Head of BKPM in the framework of PTSP in investment field with substitution field.
(2) Authority that is delegated to Head of BKPM as intended in paragraph (1) is authority to give business permit in trading field that is Government authority, consists of:
Implementation to give investment permit in trading field as intended in Article 2 is by consider national interest and based on provision in regulation.
Head of BKPM has responsibility on the implementation of delegated authority to give investment permit in trading field as intended in Article 2.
Head of BKPM in the implementation delegated authority to give investment permit as intended in Article 2:
Delegation of authority to give investment permit in trading field to the Head of BKPM as intended in Article 2 can be cancelled by Minister, partly or wholly, in case of:
Implementation provision on the investment permit in trading field as intended in Article 2 will be stipulated further by Head of BKPM.
(1) When this Ministerial Regulation comes into force, Decree of the Minister of Trade No. 301A/KP/X/77 concerning Delegation of Authority to Give Investment Business Permit in Trading Field and the Limited Trading Permits in the Framework of Investment to the Head of the Investment Coordination Board, shall be revoked and declared null and void.
(2) Investment permit and non-permit in trading field are issued before this Ministerial Regulation comes into force, are still valid.
This Ministerial Regulation shall come into force 60 (sixty) days since date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia
Stipulated in Jakarta
on January 2, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN