A conversation with Ratih (Ipop) Nawangsari, a corporate/M&A and former managing partner of Indonesian law firm Oentoeng Suria & Partners in association with Ashurst, on key issues on foreign direct investment (FDI) control in Indonesia.
1. What is the applicable legislation?
The main legislation applicable to foreign direct investment in Indonesia is Law No. 25 of 2007 on Capital Investment (the Investment Law), some of whose provisions have been amended by Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation (the Omnibus Law). In addition, there are a number of implementing regulations, some of which are discussed below.
2. Which government or other body (or bodies) reviews foreign Investments?
Generally, the Ministry of Law and Human Rights of the Republic of Indonesia (MOLHR) supervises any corporate Activity in Indonesia, including foreign investment activities. Further, foreign investment activities are also supervised by the Ministry of Investment / Indonesia Investment Coordinating Board (Badan Koordinasi Penanaman Modal or BKPM).
In terms of licensing, foreign investment licences and facilities
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