Perbandingan hukum mengenai perizinan investasi asing langsung antara Indonesia dan negara anggota ASEAN terpilih = Legal comparison of foreign direct investment business licensing laws between Indonesia and selected ASEAN member states

Putri, Aninditha Chandra (2019) Perbandingan hukum mengenai perizinan investasi asing langsung antara Indonesia dan negara anggota ASEAN terpilih = Legal comparison of foreign direct investment business licensing laws between Indonesia and selected ASEAN member states. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This thesis analyzes the laws and policies about business licensing for foreign investors in regard to foreign direct investment in Indonesia, which is one of the main factors in determining the improvement of Indonesia investment climate. Currently, Indonesia (68th) is behind 3 Association of Southeast Asian Nations (ASEAN) member states on the 2018 FDI Ranking, which are Singapore (6th), Malaysia (31st), Thailand (42nd) and Vietnam (56th). From this angle, then this thesis analyzes the business licensing laws and regulation in those selected ASEAN member states and try to compare Indonesia’s business licensing laws to their business licensing laws. Moreover, Indonesia has just introduced a new online portal called the Online Single Submission, or the OSS, as an online platform that integrates the process of applying for multiple regulatory permissions in one place. The OSS is regulated under Government Regulation No. 24 Year 2018 on Electronic Integrated Business Licensing Services (GR No. 24/2018). Although there are several regulations in regard to the business licensing in Indonesia, these regulations are proven redundant and uncertain, which caused insecurities for the foreign investors to invest in Indonesia. In the implementation, although there written regulations that business licenses must be conducted through the OSS, however, foreign investors must also go to local government to get their approval, which is not written in the main regulations, as one of the requirements to attain business license through the OSS. Based on this thesis, it is recommended that Indonesia should make just 1 (one) written law in regard to business licensing for foreign investors, which can provide foreign investors with more certain laws and feeling of security when investing in Indonesia.

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