On 25th November 2021, the Minister of Public Work and Housing issued Circular Letter No. 21/CL/M/2021 Regarding Procedures for Fulfilment of Business Licensing Requirements, Implementation of Construction Work Competence Certification, and Implementation of Business Entity Certificates and Construction Work Competency Certificates (CL 21/2021). The Circular Letter stipulates many things, such as Fulfilment of LSBU/ Lembaga Sertifikasi Badan Usaha (Business Certification Institute) Business Licensing Requirements, Fulfilment of LSP/ Lembaga Sertifikasi Profesi (Profession Certification Institute) Business Licensing Requirements and the Fulfilment of Business Licensing Requirements for Construction Services Business Entities. Also, with the issuance of the Circular Letter, the request for SBU / Sertifikat Badan Usaha (Business Certificate Request) and SKK-K / Sertifikat Kompetensi Kerja Konstruksi (Construction Work Competence Certificate) that is done by Certification by Organizing Team in Transition Time as stipulated in Minister of Public Work and Housing issued Circular Letter No. 02/CL/M/2021 is stopped starting from 23.59 of the 3rd of December 2021. The particular topic that we would like to address in this article is the LSBU certificate application.
According to CL 21/ 2021, in general, there are three process categorization for LSBU certificate application, which are:
- NIB/ Nomor Induk Berusaha (Business Identification Number) application process;
- LSBU License application process; and
- Verification and Approval of LSBU Standard Certificate.
- NIB application process
Submission of NIB application through the OSS RBA system.
- LSBU License application process
- The LSBU license application is made by submitting the fulfilment of the requirements for a PB UMKU/ Perizinan Berusaha Untuk Mendukung Kegiatan Usaha (Business Licensing to Support Business Activities) on the RBA OSS System that is connected to the SIJK Terintegrasi/ Sistem Informasi Jasa Konstruksi (Construction Service Integrated Information Service).
- The applicant completes the data and documents for the LSBU license application requirements through the Integrated SIJK.
- In applying for a license, LSBU makes a Business Entity Certification Scheme that refers to the standard of the Construction Services Business Entity Certification Scheme that has been set by the organizational unit in charge of Construction Services.
- LPJK processes the LSBU license application based on the fulfilment of the requirements according to the legislation through the Integrated SIJK.
- LPJK performs numbering and recording of LSBU licenses on the Integrated SIJK.
- Integrated SIJK notifies RBA OSS and PUPR Ministry Access Rights Holders and sends LSBU License Data to RBA OSS.
- The applicant receives a PB UMKU document in the form of an LSBU license document from the RBA OSS system.
- In the event that there is still an application for an LSBU License that was submitted before the enactment of this CL through the license jakon.pu.go.id., then LPJK completes the LSBU license application process
- Verification and Approval of LSBU Standard Certificate
- The applicant uploads the PB UMKU document as referred to in number 2, letter g to the RBA OSS System as a fulfilment of business standards/Standard Certificate requirements.
- The OSS RBA access right holder at the Ministry of PUPR carries out the verification and approval process for the UMKU PB document to fulfil the Standard Certificate requirements in the RBA OSS system.
- Verified NIB documents and Standard Certificates are issued through the RBA OSS system.
- The procedures for fulfilling the requirements for LSBU business licensing through the OSS RBA system are detailed in the Appendix, which is an integral part of this Circular Letter.
- The format of the PB UMKU/LSBU License document as referred to in letter a and the verified Standard Certificate as referred to in letter c for LSBU are listed in the Attachment, which is an integral part of this Circular Letter.
The LSBU Certification system implemented in CL 21/2021 is quite new compared to the Minister of Public Work and Housing Circular Letter No. 10/SE/M/2021 regarding Procedures for Applying for a Business Entity Certification Agency License (LSBU), Construction Work Competency Certification, and Business Entity Certification (CL 10/ 2021). Where it previously used the Construction Subsector of the OSS or LPJK/ Lembaga Pengembangan Jasa Konstruksi (Construction Service Development Institute). But now, it uses the SIJK and there are some changes regarding the process itself.
Along with the passing of CL 21/ 2021, there are also several new regulations such as Circular Letter 17/SE/LPJK/2021 regarding Technical Guidance for Construction Service through Business Certification Institute for New Applications and Scope Expansion which stipulates the new standard guidelines criteria for the processing of Business Certificates. This system renewal can be challenging and can take some time if one is not familiar with it. Should you require help or consultation, please contact us at info@schinderlawfirm.com.
Author: Suryani Lin