ABOUT US

At The Integritas, our lawyers have the knowledge and the experience to guide our clients through complicated Indonesia Law, proceedings with confidence.

READ MORE

Question and Answer

Frequently Ask Question

READ MORE

ONE-HOUR
CONSULTATION

An Introductory Consultation

CONTACT US

OUR SERVICES

Let Us Assist You, At The Integritas, we pride ourselves on providing excellent service, backed collectively by fifteen years of Legal experience. We have a deep understanding of Indonesia laws and procedures. We know what the decision makers expect and demand. To begin your legal process, our Lawyer take the time to fully understand the goals for your work, business and family in Indonesia, and create strategies for meeting each goal quickly and effectively.

As your advocates, we carefully guide you through the complex legal process, continually informing you about your cases and answering your questions

1. PT (Local)/Limited Liability Company Limited Liability Company (PT), previously Naamloze Vennootschap (NV), is a corporate body engaged in a business and whose c apital consists in shares it issues, whose ownership composition refers to the portion of shares a shareholder holds. As its capital stocks are tradable, the ownership of the company may change without any necessity for its dissolution

2. PMA (Foreign Investment)”Foreign Investment is an activity of investing capitals for business operations within the territory of the Republic of Indonesia by foreign investors, either using their own capitals in full or joint capitals with local investors.” There are several business fields that may be owned by Foreign Entrepreneurs up to 100% of shares, with reference to the Negative list issued by BKPM. This negative list can change at any time. For more accurate information regarding the business fields that you will run in Indonesia, please contact our Lawyers.

Requirement:
• 2 share holder (minimum)
• Business plan summary
• Company address / office address
• Capital plan
• Valid passport for next 6 month (for expats)
• KTP & NPWP for Local share holders (if any local partner)
• Percentage share of each share holder
• Assignment Board of Director and Assignment Board of Commissaries
• Company name (2 words or more)

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

BUSINESS LICENSING REQUIREMENTS
Before you launch your new business, you’ll need to apply for a business license suitable to Republic Indonesia regulation. The process of starting a business is often complicated, so you may wish to consult a Lawyer or accountant as you create your business plan.

Why IS BUSINESS LICENSES REQUIRED?
Licenses are required for three main purposes:
• To identify your business and make sure you are accountable for your actions;
• To protect the public health and safety;
• To keep track of your finances for tax purposes
THINGS TO KEEP IN MIND
In some province, you’ll first need to secure requirement License to each Business Licenses, a state tax identification number, a trade name registration and zoning approval for your business location. Additionally, your business may also need to apply for corporate registrations, professional licenses or other special operating permits prior to application.

If you have a business in Indonesia or if you are thinking about starting one, you can count with our Lawyer team.
For a small fixed monthly fee:
• We will inform you of your Monthly, Quarter, Annual Maintenance Licenses and obligations
• We take care of your business administration
• We handle all forms and prepare periodic statements and submit them to the competent authorities
• We take care to prepare and submit any legal actions that your business may need
• We keep you informed of all the grants and subsidies from the Central and Province Government and from District

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

Current business / trade development and progress, as a business actor, it is necessary to legally protect the ownership of a brand / logo on products, services, and even to naming an event owned. Article 1 paragraph 5 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications (hereinafter the Trademark Law), reads: “Trademark Rights are exclusive rights granted by the state to brand owners registered in the General Register of Marks for a certain period of time by using the Brand themselves or giving permission to other parties to use it.” Based on the sound of the article above, the protection of the use of a brand, either a trademark or a service mark, will be legally protected by the State if the brand has been registered in the public register of brands. The use of a brand without going through registration will not give rise to exclusive rights and legal protection for brand users. Registration of Brands or Copyrights can be registered individually or Corporate (PT)

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

The Integritas, provides services to employers in terms of business agreements. Agreements that have been made and agreed upon by the parties apply as laws and bind the parties making them (Article 1338 of the Civil Code / KUHper).

For the sake of the commercial interests of entrepreneurs, bind themselves in an agreement to protect themselves against legal risks that might arise.

In the case of an agreement with a foreign citizen, or a foreign business entity, The Integrity makes an agreement in 2 languages where the parties can understand the contents of the agreement and are translated with a Sworn Translation and validated by a Notary.

The agreement that we are used to helping; Production Sharing Agreement, Mine Management Agreement (Mining Cooperation), Employment Contract Agreement, Power of Attorney, Business Agreement.

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

The Integritas also provide visa service. In Indonesia there are many kinds of visas, but the company profile will explain some visas that are often used by foreign business people who do business in Indonesia.

1. Visitor Visa Visit Visa on arrival. Visa on arrival is 30 (thirty) days long and may be extended for 1 (one) time with the length of stay of 30 (thirty) days.

– Passport validity period of 6 months

– A round-trip ticket

2. Multiple Visit Visa Travel. Visa visit several times travel to 1 (one) year with long duration of 60 (sixty) days and cannot be extended.

– Letter of surety

– Passport validity period of 6 months for one trip and 18 months for multiple trips.

– A round-trip ticket.

– Evidence of having a living cost for himself / family.

– Permission to re-enter the country of origin or ticket to continue traveling to another country.

LIMITED STAY VISA

1. Limited visa to work (Index 311 & 312)

– Application letter and guarantee.

– Photocopy of passbook.

– Photocopy of passport at least 18 months for 1 year of stay, 30 months for 2 years of stay.

– Recommendations from the Ministry of Manpower.

2. Limited stay visa for foreign investment (Indexes 313 & 314)

– Application letter and guarantee.

– Photocopy of passbook.

– Photocopy of passport at least 18 months for 1 year of stay, 30 months for 2 years of stay.

3. Limited residence visas for training and research (Index 315)

– Application letter and guarantee.

– Photocopy of passbook.

– Photocopy of passport minimum 18 months for 1 year of stay.

– Recommendations from the agencies in charge of research.

VISIT PERMIT

Visit Permit Visa is given to:

– Foreigners who enter Indonesian territory with Visa visit or

– A newborn child in the Territory of Indonesia and at the time of birth of his father and / or his mother is a Visiting Visitor. The residence permit is granted in accordance with the License of Stay of his father and / or mother’s visit.

– Foreigner from a country exempted from having a visa in accordance with the provisions of laws and regulations.

– Foreigner who is serving as a crew of Instrument that is or docked in the Territory of Indonesia in accordance with the provisions of legislation.

– Foreigners who enter the Territory of Indonesia in an emergency

– Foreigners entering the Indonesian Territory with Visa on arrival.

LIMITED STAY PERMIT

Foreigners who enter the Indonesian territory with the limited stay visa (VITAS) or convert from a visit permit (B211 index visa) for following purpose:

• As investors.

• As experts.

• As clergy or clerics.

• To enroll for education or training participants.

• To conduct scientific research.

• For reunion with a spouse who is a KITAS holder.

• For reunion of children of a foreign national with his/her Indonesian national father and/or mother who have a legal family relationship.

• For reunion of children under 18 year old and unmarried with his/her father and/or mother who are KITAS holder.

• As a foreigner who formerly held Indonesian nationality.

• As a tourist over the age of 55 years. (Special condition apply to this category)

• A child who is born in Indonesian territory while his/her father and/or mother are KITAS holders.

• Ship captains, crew or any foreign scientists working on a marine vessel, floating structure or installation operating in Indonesian waters and its jurisdiction according the laws.

• Foreigners who are married with an Indonesian spouse

• Children of foreigners who are married with Indonesian spouse

• Short Term Workers. The limited stay permits is required for foreigners for shortterm-engagement.

WORK PERMIT LICENSE (IMTA)

PT PMA employing foreign workers (“TKA”) shall be required to apply for the Employment Permit of Foreign Workers (“IMTA”). This is as regulated in Article 42 paragraph (1) of Law Number 13 year 2003 concerning Manpower in order to obtain IMTA, the company must first make a Foreign Workers Use Plan (“RPTKA”). (2) RPTKA is used as the basis for obtaining IMTA.

In order to obtain RPTKA, the foreign worker must submit an application online to the Director General through the Director by uploading:

• Reasons for the use of foreign workers.

• Completed RPTKA forms.

• Business license from the authorized institution.

• Deed and approval of the establishment and / or amendment of the competent authority.

• Organizational structure chart of the company.

• Recommendation of positions to be occupied by foreign workers from technical institutions in accordance with regulations applicable in the relevant technical institutions.

• Information of company domicile from local government.

• Taxpayer Identification Number (NPWP) of foreign worker.

• Letter of appointment of companion workers and assistance program plan.

• A letter of statement to carry out education and job training for TKI in accordance with occupation qualifications occupied by TKA .

• Evidence of compulsory employment report in accordance with Law Number 7 Year 1981.

Against the application of RPTKA, document checking is done. In the event that the application document is incomplete, the officer of the Directorate of Control of Foreign Workers Use shall notify the foreign worker of the TKA lack of requirements which must be completed online.

In case the results of the RPTKA feasibility assessment have met the requirements, within 3 (three) working days, the Director General of Placement Development

Employment and Extension of Employment Opportunities (“Director-General”) or Director of Control of Foreign Workers Use (“Director”) shall issue ratification decision of RPTKA.

Each TKA employer shall have an IMTA issued by the Director. (6) But what if the foreign workers who occupy the positions of directors are domiciled abroad? To answer that, we are referring to Article 37 paragraph (2) of PERMENAKER 35/2015

RETIREMENT VISA

Retirement visa facilities are intended to assist those who wish to spend their retirement in Indonesia and have the following requirements.

LIMITED STAY VISA FOR RETIREMENT (minimum 55 years old)

• Application + Guarantee letter from appointed travel agent

• Passport Copy

• Bank account copy

• Insurance

• Curriculum Vitae

• Marriage Certificate copy

• Statement to rent accommodation

• Statement to use domestic helper

• Travel agent license of commerce

• Travel agent tax file number

• Letter of approval for travel agent as a retirement guarantor

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

The Integritas, provides Legal Opinion services for entrepreneurs before being involved in business activities.

The entrepreneurs always need an opinion from the side of the law. This gives a legal perspective for the consequences that might arise in the future.

Changes to Regulation for Entrepreneurs in Indonesia.

The Integritas is a legal partner who provides the latest news regarding changes in legal policy in Indonesia.

Lawyers provide the latest advice according to the needs of the clients.

In terms of Client Assistance for Business Negotiations, The Integritas lawyers are ready to help you to ensure that you do the right thing in making your business decisions.

For further information:
info@theintegritas.com

Contact Us
+62-21-31925671 (Hunting)
+62-81260780088 (Whatsapp)

FQA (Frequently Questions & Answers)

PROPERTIES RIGHT FOR NON-INDONESIAN

Yes. It’s allow, with the provisions: the right to use is not the right of ownership. Based on PP No.103 2015 Article 5 and UU Pokok Agraria No.5 1960 (UUPA)
Based on PP No. 103 of 2015 Article 6;
Chapter 2:
The Right to Use as referred to in paragraph (1) may be extended for a period of 20 (twenty) years.
Chapter 3:
In the event that the period of extension referred to in paragraph (2) expires, the Right to Use may be renewed for a period of 30 (thirty) years.

Based on Articles 852, 853, 854 and 856 of the Civil Law there are no inheritance restrictions based on citizenship.

Based on PP 103 2015 and PERMEN Agraria 29 2016, the maximum land area is 2000 m2 with the status of Use Rights

Foreign Direct Investment (FDI)

It can, depending on the line of business intended in the company, For example the trade business sector, 3,4,5 Star Hotels and otherbusiness fields. Based on PERPRES No.44 of 2016.

According to the law in force in Indonesia, the adult age limit is the age of 21 years, if a person has not reached the age of 21 years, then a court decision is required or there is a guardianship from the parents concerned. Article 330 of the Civil Law

Authorized capital is the entire face value of the Company’s shares referred to in the Articles of Association. The authorized capital in principle is the total number of shares that can be issued by the Company

Issued capital is the number of shares that the founder or shareholder has taken. In other words, the issued capital is capital that the founder or shareholder is willing to repay, and the shares have been handed over to related share holder to own.

Paid up capital is capital that has been entered by shareholders as payment for the payment of shares taken as capital placed from the a uthorized capital of the company. Thus, paid up capital is shares that have been paid in full by the holder or owner and at least 25% of the Capital must be deposited at the time of the Company’s establishment.

Based on Limited Liability Company Law No. 40 of 2007 Article 56 paragraph 3: Directors must record the transfer of rights to shares, date and day of transfer of rights in the register of shareholders or special list as referred to in Article 50 paragraph (1) and paragraph (2) and notify the changes in the composition of shareholders to the Minister to be recorded in register of the Company no later than 30 (thirty) days from the date of recording the transfer of rights.

Paragraph 4:
In the event that the notification referred to in paragraph (3) has not been made, the Minister has refused the request for approval or notification carried out based on the composition and name of the shareholders that have not been notified.

OUR PORTFOLIO

The Integritas From 2003 to the present, also assists entrepreneurs in legal matters. Starting from the Establishment of Business Entities (PT / PMA) assistance to Police Reports, Lawsuits in Courts, Mediation with NGOs, Government and other relevant agencies. Some of the clients we help in the field of Law :

2003 – Present

In-House Lawyer. Land ownership, licensing for building hotels, villas, cottages, property for foreign nationals. (100% foreign)

In-house Lawyer. Factory Establishment, Factory Licensing, business agreements, Work Visas, Tax Reports and LKPM, Cosmetic companies. (Japanese 100%)

2005

Establishment of factories, licensing, export furniture and recruitment of local and foreign workers. (Australia and Indonesia)

2006 – Now

Mining Support Services Company. The Integritas assists tax reports, LKPM, Change in Management Structure, Business Contracts with partners. Business Licensing, Foreign Worker’s Work Visa, review of business agreements, Legal Opinion. (Australian and Indonesian)

2015 – Now

In-House Lawyer. Management of iron ore mines in Central Sulawesi, mine management agreements, management of dock permits, AMDAL permits, exploration permits, foreign work permits, mediation and socialization with local government and villagers. (Australia and Indonesia)

2018 – Now

In-House. Tax Report, Legal Assistant, recruitment, Legal Opinion. Training Center, Shelter and Pet care. (Indonesia 100%)

In-House Lawyer. Establishment of Wood Plant, production and export of plywood (India and Indonesia)