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PRESIDENT OF THE REPUBLIC OF INDONESIA
HAS DECIDED:
CHAPTER I
GENERAL PROVISIONS
Article 1
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PRESIDENT OF THE REPUBLIC OF INDONESIA
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CHAPTER II
BUSINESS SECTORS
Article 2
Article 3
Business fields that are not included in the lists of Business Fields Closed to
Investment and Business Fields Open with Conditions to Investment shall be
Business Fields Open to Investment.
Article 4
Closed Business Fields as intended in Article 2 paragraph (1) letter b are set
forth in Appendix I here to and shall constitute an inseparable part of this
President Regulation.
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Article 5
(1) Business Fields Open with Conditions, which are reserved for or
in Partnership with Small, Micro, and Medium Enterprises, and
Cooperatives as intended in Article 2 paragraph (2) letter a are set forth
in Appendix II hereto, and shall constitute an inseparable part of this
Presidential Regulation.
(2) Partnership as intended in paragraph (1) shall be performed by an
investors and Small, Micro, and Medium-scale Enterprises, and
Cooperatives under the patterns of nucleus plasma, subcontracts,
agency, franchising, and other partnership patterns.
Article 6
CHAPTER III
IMPLEMENTATION OF INVESTMENT IN BUSINESS SECTORS
Article 7
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PRESIDENT OF THE REPUBLIC OF INDONESIA
engaging in the same business activities outside the location that has
been determined in that investment license/ permit, the investor must
meet the location conditions as intended in paragraph (1).
(3) To meet the location conditions as intended in paragraph (2), the
investor shall not be required to establish a new business entity, unless
otherwise provided for by law.
Article 8
(1) In the event that the activities of investment in the Business Fields
Open with Conditions as intended in Article 2 paragraph (1) letter (c)
are performed indirectly or by portfolio the transactions of which are
carried out through domestic capital markets, then the Business Fields
Open with Conditions as intended in Article 2 paragraph (1) letter (c)
shall become Open Business sectors.
(2) In the event that the activities of investment in Business Fields Open
with Conditions as intended in Article 2 paragraph (2) are performed
in a special economic zone, such business fields shall become Open
Business sectors, except for Business Fields Reserved for Small, Micro,
and Medium-scale Enterprises, and Cooperatives.
Article 9
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Article 10
(1) In the event that a foreign capital ownership expands its business
activities in the same business sector and such expansion of business
activities needs additional capital through rights issue and the domestic
investors cannot participate in such additional capital, then the provision
on preemptive right shall apply to foreign investors pursuant to the
provisions of laws and regulations on limited liability company.
(2) In the event that capital addition as intended in paragraph (1) causes
the total foreign capital ownership exceeding the maximum limit set
forth in the investment license and/or business license, then within a
period of 2 (two) years, such excess foreign capital ownership must be
adjusted to the maximum limit set forth in the investment license and/
or business license through the following:
a. the foreign investor sells the excess shares he/she owns to a
domestic investor;
b. the foreign investor sells the excess shares through a public offer
administered by a company whose shares are owned by the foreign
investor in domestic capital markets; or
c. the company as intended in letter (b) purchases the excess shares
owned by the foreign investor and shall be treated as treasury
stocks, with due observance of Article 37 of Law Number 40 Year
2007 concerning Limited Liability Companies.
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Article 11
CHAPTER IV
MONITORING, EVALUATION, AND SETTLEMENT OF
INVESTMENT PROBLEMS
Article 12
CHAPTER V
TRANSITIONAL PROVISIONS
Article 13
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in certain business fields that have been approved prior to this Presidential
Regulation being promulgated, as set forth in the investment license and/or
business license of the company, unless such provisions are more profitable
for the relevant investment.
CHAPTER VI
CONCLUDING PROVISIONS
Article 14
Article 15
Article 16
This Presidential Regulation shall come into force as from the date of its
promulgation.
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Stipulated in Jakarta
on May 12, 2016
PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd.
JOKO WIDODO
Promulgated in Jakarta
on May 18, 2016
MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF
INDONESIA,
Sgd.
YASONNA H LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 97 YEAR
2016
Sgd.
Agustina Murbaningsih
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APPENDIX I
REGULATION OF THE PRESIDENT OF THE
REPUBLIC OF INDONESIA NUMBER 44 YEAR 2016
CONCERNING
LISTS OF BUSINESS FIELDS CLOSED TO INVESTMENT
AND BUSINESS FIELDS OPEN WITH CONDITIONS TO
INVESTMENT
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Note:
1. A closed business field may be utilized for non-commercial purposes,
such as research and development, and subject to approval from an
agency in charge of fostering the relevant business field.
2. In the event that the Indonesian Standard Classification of Business
Fields (KBLI) covers more than one business field, then the
requirements as intended in Appendix I shall apply only to the
business fields that are stated in the column of business fields.
Sgd.
JOKO WIDODO
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd.
Agustina Murbaningsih
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PRESIDENT OF THE REPUBLIC OF INDONESIA
APPENDIX II
REGULATION OF THE PRESIDENT OF THE
REPUBLIC OF INDONESIA NUMBER 44 YEAR 2016
CONCERNING
LISTS OF BUSINESS FIELDS CLOSED TO INVESTMENT
AND BUSINESS FIELDS OPEN WITH CONDITIONS TO
INVESTMENT
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
Staple food crops cultivation business, in an area of more than 25 Ha:
1. Rice 01121 √ - Agriculture
01122
2. Corn 01111 √ - Agriculture
3. Soy 01113 √ - Agriculture
4. Peanut 01114 √ - Agriculture
5. Green bean 01115 √ - Agriculture
6. Other food crops 01135 √ - Agriculture
(cassava and sweet
potatoes)
Plantation seeding business, in an area of less than 25 Ha:
7. Jatropha curca crops 01299 √ - Agriculture
8. Other sweetener crops 01137 √ − Agriculture
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
9. Sugar cane crops 01140 √ − Agriculture
10. Tobacco crops 01150 √ − Agriculture
11. Textile raw material 01160 √ − Agriculture
and cotton crops
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
25. Tobacco plantations 01150 √ − Agriculture
26. Textile raw material 01160 √ − Agriculture
and cotton plantations
27. Cashews plantations 01220 √ − Agriculture
28. Coconut plantations 01261 √ − Agriculture
29. Oil palm plantations 01262 √ − Agriculture
30. Beverage plantations 01270 √ − Agriculture
(tea, coffee and cocoa)
31. Peppercorn plantations 01281 √ − Agriculture
32. Clove plantations 01282 √ − Agriculture
33. Essential oil planta- 01284 √ − Agriculture
tions
34. Medicinal/ pharma- 01285 √ − Agriculture
ceutical plantations 01286
(other than horticulture
plantations)
35. Other spice plantations 01289 √ − Agriculture
36. Rubber and other latex 01291 √ − Agriculture
producing plantations
37. Other plantations 01299 √ − Agriculture
Business with specific capacities :
38. Dried clove buds 01630 √ - Agriculture
industry
39. Crude vegetable and 10490 √ - Agriculture
animal oils industry
(edible oils)
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
40. Copra, fiber, coconut 10421 √ - Agriculture
shell charcoal, dust,
nata de coco industry
41. Coconut oil industry 10422 √ - Agriculture
42. Palm oil industry 10431 √ - Agriculture
43. Cotton fiber industry 01630 √ - Agriculture
44. Cotton seeds industry 10490 √ - Agriculture
45. Peeling, cleaning, 10399 √ - Agriculture
drying, and sorting of
plantation products
Industry (cocoa and
coffee beans) industry
46. Cashew for dried 10614 √ - Agriculture
cashew nut and ca-
shew nut shell liquid
(CNSL) industry
47 Peppercorn for dried 10614 √ - Agriculture
white peppercorn and
dried black peppercorn
industry
48. Cane sugar, sugar cane 10721 √ - Agriculture
top and sugar cane
bagasse industry
49. Black tea/ green tea 10763 √ − Agriculture
industry
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
50. Dried tobacco leaves 12091 √ − Agriculture
industry
51. Rubber for sheet, con- 22122 √ − Agriculture
centrated latex industry
52. Jatropha curcas oil 20294 √ − Agriculture
industry
53. Breeding and raising 01450 √ − Agriculture
of pigs in a total of less
than or equivalent to
125 in number
54. Breeding and raising 01463 √ − Agriculture
of native chickens and
crossbreeding
55. Other forest planta- 02119 √ − Forestry
tion businesses (sugar
palm, pecan, tamarind
seed, charcoal raw
material, cinnamon)
56. Primary forest product 02303 √ − Forestry
processing industry:
Oleo pine resin
57. Primary forest product 02308 √ − Forestry
processing industry:
Bamboo
58. Production of swallow 01469 √ − Forestry
nest in nature
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
59. Sawmill industry (pro- 16101 √ − Forestry
duction capacity of up
to 2000 m3/ year
60. Rattan processing 16104 √ − Forestry
primary industry
61. Forest business: Rattan 02131 - √ Forestry
62. Forest business: Oleo 02132 - √ Forestry
pine resin
63. Forest business: Bam- 02134 - √ Forestry
boo
64. Forest business: Sho- 02135 - √ Forestry
rea javanica
65. Forest business: Agar- 02136 - √ Forestry
wood
66. Shellac, alternative 02139 - √ Forestry
food crops (sago),
latex, and honeybee
businesses
67. Silkworm cocoon 01492 - √ Forestry
business (natural silk
farming)
68. Hatchery of marine 03211 - √ Marine Affairs
fish and Fisheries
69. Hatchery of brackish 03525 - √ Marine Affairs
water fish and Fisheries
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
70. Hatchery of freshwater 03225 - √ Marine Affairs
fish and Fisheries
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
77. Fishery product 10216 - √ Marine Affairs
processing business: and Fisheries
Minced fish and surimi
processing-based in-
dustry
78. Marketing, distribu- 46206 - √ Marine Affairs
tion, wholesale, and and Fisheries
export businesses of
fish products
79. Fish preservation 10214 √ - Industry
industry
80. Soybean tempe indus- 10391 √ - Industry
try
81. Soybean tofu industry 10392 √ - Industry
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
86. Tuber peeling and 01630 √ - Industry
cleaning industry
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
95. Kitchenware industry 16294 √ - Industry
from wood, rattan and
bamboo
96. Wood, rattan, and cork 16299 √ - Industry
industry that is not else-
where classified
97. Traditional musical 32201 √ - Industry
instruments industry
98. Moslem woman’s 14111 √ - Industry
praying cloth, scarf,
head scarf, and other
traditional apparels
industry
99. Rubber curing industry 22121 √ - Industry
100. Clay made household 23932 √ - Industry
necessities industry
especially earthenware
101. Hand tools Industry for 25931 √ - Industry
agricultural for land
preparation produc-
tion process, harvest-
ing, post-harvest and
cultivation except hoe
and spades
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
102. Manual or semi 25932 √ - Industry
mechanical processed 25933
hand tools industry for 25934
handwork and cutting
103. Maintenance and repair 45407 √ - Industry
of motorcycles other
than those integrating
with sale of motorcycle
(agents/ distributors)
industry
104. Repair of personal and 95220 √ - Industry
household necessities 95240
industry 95290
105. Copra industry 10421 - √ Industry
106. Pickled fruits and veg- 10311 - √ Industry
etables industry
107. Soy sauce industry 10771 - √ Industry
108. Powdered and sweet- 10520 - √ Industry
ened condensed milk
industry
109. Stamped batik industry 13134 - √ Industry
110. Processed rattan 16104 - √ Industry
industry
111. Preserved rattan, 16103 - √ Industry
bamboo and the like
industry
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
112. Wooden goods in- 16221 - √ Industry
dustry (moldings and
construction material
components industry)
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
122. Component and spare 28113 - √ Industry
parts to start up motor
industry
123. Pump and compressor 28130 - √ Industry
industry
124. Two- and three- 30912 - √ Industry
wheeled motor vehicle
components and fit-
tings industry
125. Bicycle and pedicab 30922 - √ Industry
fittings Industry
126. Manufacture of ag- 28210 - √ Industry
ricultural machinery
industry using medium
technology such as
paddy threshers, corn
peeler and hand tractor
127. Wooden ships for 30111 - √ Industry
marine tourism and 30120
fishing industry
128. Wooden ship tools and 30113 - √ Industry
equipments marine
and fishing industry
129. Manufacture of jew- 32112 - √ Industry
elry articles of precious
metal for personal use
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
130. Manufacture of jew- 32113 - √ Industry
elry articles of precious
metal for non-personal
use
131. Manufacture of 32120 - √ Industry
jewelry articles of
non-precious metal for
non-personal use
132. Precious stone industry 32111 - √ Industry
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
136. Construction services 00000 √ - Public Works
(construction contrac-
tors) with simple and
medium technology
and/or small and me-
dium risks and/or work
value of up to IDR
50,000,000,000
137. Business services / 00000 √ - Public Works
construction consul-
tancy services with
simple/medium tech-
nology and/or small/
medium risks and/or
value less than IDR
10,000,000,000
138. Retail sale through 47911 √ - Trade
mail order and internet 47912
47913
47914
139. Tourism travel agents 79111 √ - Tourism and
Creative
Economy
140. Homestay 55130 √ - Tourism and
Creative
Economy
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Conditions
Business
No KBLI Reserved Partner Sector
Field
for SMEs ship
141. Art studios 90001 √ - Tourism and
Creative
Economy
142. Tour guides 79921 √ - Tourism and
Creative
Economy
143. Radio and television 60102 √ - Communication
community broadcast- 60202 and Information
ing agency
144. Home and building 43212 √ - Communication
cable installation and Information
145. Internet cafés 61994 √ - Communication
and Information
Note:
1. √ = In compliant with the column condition.
2. In the event that the Indonesian Standard Industrial Classification
of Business Fields (KBLI) covers more than one business field, the
conditions in Appendix II shall apply only to the business fields that are
listed in the business field column.
3. Micro, Small and Medium Enterprises and Cooperatives means an
individual or business entity that fulfills the criteria provided for in Law
Number 20 Year 2008 concerning Micro, Small, and Medium-scale
Enterprises.
4. Partnership is as provided for in Government Regulation Number 17
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PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd.
JOKO WIDODO
Sgd.
Agustina Murbaningsih
34
PRESIDENT OF THE REPUBLIC OF INDONESIA
APPENDIX III
REGULATION OF THE PRESIDENT OF THE
REPUBLIC OF INDONESIA NUMBER 44 YEAR 2016
DATE: MAY 12, 2016
CONCERNING
LISTS OF BUSINESS FIELDS CLOSED TO
INVESTMENT AND BUSINESS FIELDS OPEN WITH
CONDITIONS TO INVESTMENT
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12. Other food crops (cassava and 01135 Foreign capital ownership:
sweet potato) Max. 49%
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44. Rubber and other latex produc- 01291 a. Foreign capital ownership:
ing plantation Max. 95%
b. Obligation of 20% plasma
plantation
Plantation business in a total area of 25 Ha or more integrated to the pro-
cessing units with the same or exceeding a certain capacity:
45. Cashew plantation and 01252 a. Foreign capital ownership:
industry of dried cashew nut 10399 Max. 95%
b. Obligation of 20% plasma
and Cashew Nut Shell Liquid
plantation
(CNSL)
46. Peppercorn plantation and 01281 a. Foreign capital ownership:
industry of dried white pep- 10399 Max. 95%
b. Obligation of 20% plasma
percorn and dried black pep-
plantation
percorn
47. Jatropha plantation and jatro- 01299 a. Foreign capital ownership:
pha oil industry 20294 Max. 95%
b. Obligation of 20% plasma
plantation
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56. Tea plantation and black tea/ 01270 a. Foreign capital ownership:
green tea industry 10763 Max. 95%
b. Obligation of 20% plasma
plantation
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70. Cotton fiber and cotton seed 01630 a. Foreign capital ownership:
industry 10490 Max. 95%
b. Minimum of 20% raw
materials sourced from
own plantation
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B. Forestry Sector
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124. Capture fishery using fishing 03111 Domestic capital: 100%, and
ship in Indonesian water terri- subject to a special license
tory and open sea from the Ministry of Marine
Affairs and Fisheries on fish-
ery resources allocation and
fishing coordinates
125. Sea sand extraction 08995 Domestic capital: 100%
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E. Industrial Sector
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159. Pulp industry (from wood) 17011 Raw materials from Industrial
Forest Plan (HTI) or from im-
ported chip, if domestic raw
material is insufficient
160. Manufacture of securities 17013 a. Operational license from
(such as: bank notes paper, BOTASUPAL/BIN; and
cheque paper, watermark b. Recommendation from
paper) the Ministry of Industry
161. Money printing industry and 18112 a. Operational license from
specific printing/ security BOTASUPAL/ BIN; and
document printing industry b. Recommendation from
(among others: stamp, stamp the Ministry of Industry
duty, securities bond, passport,
demography document and
holograms)
162. Cyclamate and saccharine 20119 According to the requirement
industry stipulated by BPOM and Min-
istry of Trade
163. Special ink industry 20293 a. Operational license from
BOTASUPAL/ BIN; and
b. Recommendation from
the Ministry of Industry
164. Lead smelting industry 24202 Recommendation from the
Ministry of Environment
and Ministry of Industry for
industry using used accu raw
materials
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166. Raw material industry for ex- 20114 a. Foreign capital ownership
plosives Max. 49%, and 51% for
State-Owned Enterprises
b. Recommendation from
the Ministry of Defense
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H. Trade Sector
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J. Transportation Sector
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L. Financial Sector
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M. Banking Sector
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N. Manpower Sector
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O. Education Sector
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P. Health Sector
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344. Basic and special medical clin- 86109 a. Foreign capital ownership:
ics: Clinic specialized medical 86202 Max.67%
services (CPC 9312), clinic 86203 b. Foreign capital ownership
specialized dental service (CPC 86901 from investors from ASE-
9312), nursing service with AN countries: Max.70%
CPC 93191, other hospital c. Can be conducted in all
service (medical rehabilitation capital cities of provinces in
clinic) Eastern Indonesia, except
Makassar and Manado
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Note:
In the event that the Indonesian Standard Classification of Business Fields
(KBLI) includes more than one business field, then provisions as referred to
in Appendix III is only applicable to the business fields stated in the column
of business fields.
Sgd.
JOKO WIDODO
Sgd.
Agustina Murbaningsih
85