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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