To conduct O&M Service for Power Station business, the company should obtain an Electric Power Supporting Services Business License (Izin Usaha Jasa Penunjang Tenaga Listrik – IUJPTL). The requirement by law in Indonesia to get the IUJPTL is regulated under Article 31 paragraph 1 letter (d) and (e) of Government Regulation in Indonesia Number 25 of 2021 regarding the Implementation of Energy and Mineral Resources (“PP 25/2021”).
According to the PP 25/2021, a state-owned enterprise, regional-owned enterprises, private enterprises, public service agencies, and cooperatives may engage in the electric power support services business upon obtaining :
- (i) an Electric Power Support Service business license; and
- (ii) a Business Entity Certificate for the electric power support services business.
Private enterprises that provide electric power support services can be in the form of:
- a legal entity established under the prevailing laws;
- a non-legal entity that has been registered with the MOLHR; or
- a foreign representative office established by a foreign entity or foreign individual that provides electric power support services.
The electric power support services business consists of:
- consultancy in the field of electric power installation;
- construction and installation work for an electric power installation;
- inspection and testing of an electric power installation;
- operation of the electric power installation;
- maintenance of electric power installation;
- research and development;
- education and training;
- electric power utility and equipment testing laboratories;
- electric power user and equipment certification;
- electric power engineering personnel competency certification;
- electric power support service business entity certification; and
- other service businesses directly related to the provision of electric power.
A foreign representative office can only obtain a business license for an electric power support services business in the following areas:
- consultancy in the field of Electric Power Installations;
- the construction and installation of Electric Power Installations; and
- the maintenance of Electric Power Installations.
GR 25/2021 restricts foreign representative offices to working on high-cost electric power support services that satisfy the following requirements:
- The construction and installation work for an electric power installation must have a value of at least IDR 100,000,000,000.00; and
- Any consultancy work in electric power installation or the maintenance of an electric power installation must have a value of at least IDR 10,000,000,000.00.
- It is a limited liability company;
- One hundred per cent of its shares are held by individual Indonesian citizens, the Republic of Indonesia, regional governments, private companies, state-owned 2. companies, region-owned companies, or cooperatives;
- It must have a business entity certificate with large-scale business qualifications; and
- It must have a license to provide electric power support services.
Schinder Law Firm is a leading corporate law firm in Indonesia, practicing Indonesian Company Law and Indonesian Investment Law. Our team of corporate lawyers in Indonesia and investment lawyers has forged a reputation for assisting various clients across the globe. As Indonesian business lawyers, we have extensive experience providing services in company registration, obtaining a mandatory business license and providing legal consultancy services. Following the O&M Service Business for Power Station, we have been entrusted by a dozen multinational companies to obtain all the mandatory licenses and have been appointed as a permanent legal consultant to help them deal with daily legal matters.
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Author: Budhi Satya Makmur