Draft Regulation of the Minister on New OSS Guidelines Set for Release in October

The Ministry of Investment and Downstreaming/Investment Coordinating Board (Badan Koordinasi Penanaman Modal– “ BKPM ”) is set to issue Draft Regulation of the Minister of Investment/Downstreaming (Rancangan Peraturan Menteri– “ Rapermen ”) on Guidelines and Procedures for the Organization of Risk-Based Business Licensing (Perizinan Berusaha Berbasis Risiko– “ PBBR ”) and Investment Facilities through the Online Single Submission (“ OSS ”) system. This regulation will serve as the Implementation and Technical Guidelines for Regulation of the Government No. 28 of 2025 on the Organization of Risk-Based Business Licensing (“ PP 28/2025 ”), which replacesRegulation of the Government No. 5 of 2021 (PP 5/2021).

“It is still in the process of harmonization, but in accordance with the mandate of PP 28/2025, the implementing regulations and their application in the OSS System are targeted to be completed by October this year,” said BKPM’s Director of Business Empowerment, Delfinur Rizky Novihamzah, to Hukumonline.

Based on the draft obtained by Hukumonline, the regulation contains more detailed provisions on Basic Requirements, including Land and Marine Spatial Utilization Activity Suitability (Kesesuaian Kegiatan Pemanfaatan Ruang– “ KKPR ”), Forest Area Approvals (including obtaining recommendations and considerations), Environmental Approval, Building Permits,Certificate of Feasibility for Building Function, Exemption from  Land KKPR, Exemption from Marine KKPR, exemption for basic requirements, and Basic Requirements for Business Licensing to Support Business Activities (Perizinan Berusaha Untuk Menunjang Kegiatan Usaha– “ PB UMKU ”). This regulation also adopts provisions of laws and regulations on Limited Liability Companies, which stipulate that business investment sources may come not only from paid-up/deposited capital but also from loans.

“It should be issued soon,” he added.