NEW REGULATION ON CAPITAL INVESTMENT LICENSING AND FACILITIES

Issue 19, November 2023 | This Advisory will highlight the Provision of Fiscal Support through Funding and Financing Frameworks for the Acceleration of Energy Transition in the Electricity Sector.

On 2 February 2021, the government of Indonesia issued Government Regulation No. 47 of 2021 on the Administration of the Hospital Sector (“GR 47/2021”) imposing some new and amended provisions which apply to hospitals for providing health care services. In general, provisions under GR 47/2021 regulate similar provisions under Minister of Health Regulation No. 3 of 2020 on The Classification and Licensing of Hospitals (“MOH Regulation 3/2020”) but with new obligations to accommodate improvements in health sectors by the hospitals.

Following the issuance of Law No. 11 of 2020 on Job Creation (“Job Creation Law”), Presidential Regulation No. 10 of 2021 on Investment Business Fields (“PR 10/2021”) containing a ‘positive investment list’ was issued on 2 February 2021 and will come into effect 30 days after its issuance. PR 10/2021 serves as a hallmark of substantial changes to the government’s approach towards foreign investment; it revokes and replaces the 2016 Negative Investment List (Presidential Regulation No. 44 of 2016 on The List of Business Fields that are Closed or Conditionally Open to Investment) and Presidential Regulation No. 76 of 2007 on the Criteria and Requirements for the Categorization of Closed Business Fields and Business Fields Open with Requirements in the Field of Investment.

The Indonesian Constitutional Court ruled on an application for a judicial review of Law No. 11 of 2020 on Job Creation.