ASPEK LEGALITAS PEMBENTUKAN BADAN USAHA JASA KONSTRUKSI

Summary

This presentation discusses the legal aspects of establishing a construction business in Indonesia, focusing on the necessary permits and regulations. It highlights the updated guidelines for construction services, including the requirements for obtaining an Izin Usaha Jasa Konstruksi (IUJK). The speaker outlines the legal framework through several laws and regulations, such as the 2017 Construction Services Law, and emphasizes the classification and qualifications needed for businesses in the construction industry. The session also covers the steps to establish a construction company, including the formation of legal documents and obtaining official registration through relevant authorities.

Takeaways

• 😀 Construction businesses in Indonesia must comply with legal regulations and obtain a proper business license (IUJK) to operate legally.
• 😀 The latest regulation on construction business licenses is Ministerial Regulation No. 08/PRT/M/2019, which replaces the older 2011 regulation.
• 😀 Legal foundations for establishing a construction business in Indonesia include laws, presidential regulations, and ministerial regulations, such as Law No. 39/2008 and Presidential Regulation No. 7/2015.
• 😀 Construction businesses can be classified into three main categories: consultancy services, construction works, and integrated construction services.
• 😀 Each construction business classification has specific subcategories like architectural design, civil engineering, surveying, and specialized construction works.
• 😀 Construction businesses must categorize themselves based on their qualifications, which are divided into small, medium, and large classifications with corresponding project capabilities.
• 😀 The IUJK is required for businesses offering construction services, and its type depends on whether the business is a national, foreign investment, or foreign business.
• 😀 Before applying for IUJK, businesses must establish their legal identity, which can be in the form of a Limited Liability Company (PT) or a Commanditaire Vennootschap (CV).
• 😀 Legal documents such as the Deed of Establishment, NPWP (Tax Identification Number), and registration certificates must be obtained for the business to operate.
• 😀 The Ministry of Law and Human Rights is responsible for issuing legal documents for PTs, while the Ministry of Cooperatives and SMEs issues documents for cooperatives.
• 😀 Construction businesses are encouraged to participate in the growing infrastructure development opportunities in Indonesia, which have led to high demand in the construction sector.

Q & A

What is the main focus of the presentation in the transcript?

The presentation focuses on the legal aspects of construction, specifically the legal framework for establishing construction business entities in Indonesia, as well as regulations related to construction services.

What is the new regulation introduced in 2019 regarding construction business licenses?

In 2019, the Ministry of Public Works and Public Housing introduced Regulation No. 08/PRT/M/2019, which updates the guidelines for issuing construction service business licenses (IUKJ) and replaces the previous regulation from 2011.

What is the purpose of the IUKJ (Izin Usaha Jasa Konstruksi)?

IUKJ is a mandatory license required for businesses in Indonesia to operate in the construction services sector. It ensures that the business complies with legal and regulatory standards set by the government.

What are the four main legal foundations for the establishment of construction businesses as mentioned in the presentation?

The four legal foundations are: (1) Law No. 39/2008 on State Ministries, (2) Presidential Regulation No. 7/2015 on State Ministries' Organization, (3) Presidential Regulation No. 15/2015 on the Ministry of Public Works and Public Housing, and (4) Ministry Regulation No. 03/PRT/M/2019 on the organization and administrative structure of the Ministry of Public Works and Public Housing.

What are the three types of IUKJ mentioned in the transcript?

The three types of IUKJ are: (1) National IUKJ, (2) Foreign Investment IUKJ, and (3) Foreign Construction Service Business IUKJ.

What are the classifications of construction services under Indonesian law?

Construction services in Indonesia are classified into three types: (1) Consulting services, (2) Construction work services, and (3) Integrated construction work services.

What are the specific qualifications for construction businesses based on their size?

Construction businesses are classified into three categories based on their size: small, medium, and large. Small businesses include K1, K2, and K3 sub-qualifications; medium businesses include M1 and M2 sub-qualifications; and large businesses include B1 and B2 sub-qualifications.

What is the significance of the SBU (Sertifikat Badan Usaha) in relation to IUKJ?

The SBU is a certificate issued to construction businesses that verifies their classification and qualifications. It is necessary for obtaining an IUKJ and allows businesses to legally operate within their specific service areas.

How does the establishment of a construction company in Indonesia relate to legal documentation?

To establish a construction company, it is essential to complete legal documentation such as the deed of establishment, which must be notarized. This document includes the company's purpose, which is guided by the 2017 KBLI code.

What are the steps for registering a construction company in Indonesia?

The steps include selecting the legal form of the company (e.g., PT, CV), registering the company's documents with the relevant authorities, ensuring the business location is within a legal zoning area, and obtaining necessary permits such as the NPWP (Taxpayer Identification Number).