Jan

04

Business Entity Certificate (Sertifikat Badan Usaha Or “SBU”) Registration Procedure Under The Minister of Public Works and Housing Regulation No. 8 Of 2022 in Indonesia

Indonesia's Government strives to optimize licensing procedures for business entities through regulation in Indonesia, so licensing registration can be carried out quickly and precisely. Article 1 Paragraph (18) of the Minister of Public Works and Public Housing Regulation No. 8 of 2022 concerning Procedures for Implementing Service Standard Certificates Construction in the Context of Supporting Ease of Business Licensing for Construction Service Business Actors ("MoPW 8/2022") states that the relevant party authorized to issue business entity certificates (Sertifikat Badan Usaha or "SBU") are Construction Service Business Entity Certification Institutions (Lembaga Sertifikasi Badan Usaha or "LSBU"), namely institutions that carry out business entity certification activities formed by the Association of Construction Service Business Entities accredited and licensed by the Construction Services Development Agency (Lembaga Pengembangan Jasa Konstruksi or "LPJK"). In accordance with the law in Indonesia, SBU is a fundamental necessity for the fulfillment of the Standard Certificate of Construction Service Business Entity (Badan Usaha Jasa Konstruksi or "BUJK").

Article 3 Paragraph (1) of MoPW 8/2022 states that BUJK certification includes the:

  1. Application;
  2. Payment of fees;
  3. Verification and validation; and
  4. Approval/rejection of construction SBU applications.

Furthermore, Article 4 of MoPW 8/2022 states that the SBU application is submitted to the Minister of Public Works and Housing through LSBU, which includes:

  1. New application;
  2. Application for extension; and
  3. Data change request.

A new application for the issuance of SBU can be completed in the following way:

  1. SBU applications are made through the OSS System using Single Sign On (SSO) access on the PB-UMKU menu, which is connected to the integrated Construction Service Information System (Sistem Informasi Jasa Konstruksi or "SIJK").
  2. The applicant submits data and documents required for the SBU through the integrated SIJK.
  3. Data and documents for business entity certification requirements:
    1. Annual sales data;
    2. Data on financial capacity/asset value;
    3. Data on the availability of construction workforce;
    4. Data on the ability to provide construction equipment;
    5. Data on the implementation of the anti-bribery management system; and
    6. BUJK association membership data registered at LPJK
  4. Annual sales data, data on workforce availability, and data on the ability to provide construction equipment use the data recorded in the integrated SIJK.
  5. Data on financial capacity/asset values, data on the implementation of the anti-bribery management system and BUJK association membership data registered at LPJK are filled in and uploaded through the integrated SIJK.
  6. In the event that the data referred to in letter (e) above is not yet available in the integrated SIJK, the applicant fills in and uploads documents through the integrated SIJK.

In addition, based on Article 5 of MoPW 8/2022, the LSBU validates the sufficiency of the data and documents required for the SBU application. If there are incomplete data and/or documents, LSBU will notify the applicant to complete the required data and documents no later than five days after the notification is received by the applicant. If the applicant cannot provide the required data and documents, the application is declared canceled.

If you, a prospective client, have further inquiries about the topic explained above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled a lot of similar matters, with many experienced and professional civil lawyers and dispute lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author: Suryani Lim

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.