Norma, standar, prosedur, dan kriteria perizinan bagi badan usaha jasa konstruksi dengan penanaman modal asing di Indonesia

Ginting, Donald Franks (2024) Norma, standar, prosedur, dan kriteria perizinan bagi badan usaha jasa konstruksi dengan penanaman modal asing di Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Indonesia's construction sector in the past faced challenges due to bureaucratic complexity and regulatory uncertainty, which hindered foreign investors from investing in the country. However, the construction sector in Indonesia continues to grow in line with the increasing demand for infrastructure development to support economic growth. One of the key players in this sector is construction service companies (BUJK), including those involving foreign investment (PMA). To regulate the licensing of BUJK with PMA, the Indonesian government has established Norms, Standards, Procedures, and Criteria (NSPK) aimed at creating a conducive investment climate while protecting national interests. This study aims to evaluate the regulations and procedures that foreign investors must undergo regarding the establishment and licensing of construction service companies in Indonesia. Additionally, it analyzes the impact of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law on investment growth in Indonesia’s construction sector. It also provides recommendations to improve the quality of existing regulations without compromising applicable standards. To address the issues, this research employs a normative-empirical legal research method by analyzing primary legal materials as secondary data, supported by primary data obtained from interviews with officials from the Ministry of Public Works and Investment and construction law consultants, using a systematic legal approach. The findings reveal that the existing regulations have generally met expectations in managing foreign investment in the construction sector. However, challenges were identified in the process of verifying the completeness of data and documents for SBU applications conducted by LSBU, which often takes a significant amount of time. This delay is due to the absence of a specified time frame for document verification as stipulated in Articles 5 and 6 of Ministerial Regulation PUPR Number 8 of 2022. In conclusion, the implementation of NSPK in licensing BUJK with PMA can serve as an essential instrument to attract foreign investment and enhance the competitiveness of Indonesia's construction sector. However, to address the legal uncertainty arising from undefined verification timelines for SBU applications, regulatory reforms are necessary. Specifically, the establishment of clear time frames for verifying data and document completeness by LSBU is crucial, ensuring that businesses no longer face prolonged waiting periods for certification.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Ginting, Donald Franks
NIM01051210046
donaldfranksginting@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Nugraha, Dwi Putra
NIDN0303118602
dwi.nugraha@uph.edu
Uncontrolled Keywords: contractor; foreign investment; licensing; Indonesia.
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: DONALD FRANKS GINTING
Date Deposited: 22 Jan 2025 03:10
Last Modified: 22 Jan 2025 03:10
URI: http://repository.uph.edu/id/eprint/66598

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