Strengthen PP 28/2025, BKPM Finalizes Technical Regulations for Risk-Based OSS

The Ministry of Investment and Downstreaming/Investment Coordinating Board (Badan Koordinasi Penanaman Modal– “ BKPM ”) is preparing new regulation to strengthen Regulation of the Government No. 28 of 2025 on the Organization of Risk-Based Business Licensing (“ PP 28/2025 ”). One key aspect relates to the implementation of the Positive Fictitious Decision (Keputusan Fiktif Positif/KPF) to facilitate the business and investment licensing process.

“In fact, the fictitious positive decision mechanism has already been attempted on a limited scale, as regulated in the Job Creation Law and Regulation of the Government No. 5 of 2021 (“ PP 5/2021 ”),” said Delfinur Rizky Novihamzah, Director of Business Empowerment at the Ministry of Investment/BKPM, in an interview withHukumonline.

Regulation for the positive fictitious licensing model will be implemented through several revisions, namely Regulation of the Investment Coordinating Board No. 3 of 2021 on the Electronically Integrated Risk-Based Business Licensing System (“ PerBPKM 3/2021 ”), Regulation of the Investment Coordinating Board No. 4 of 2021 on Guidelines and Procedures for Risk-Based Business Licensing Services and Investment Facilities (“ PerBPKM 4/2021 ”), and Regulation of the Investment Coordinating Board No. 5 of 2021 on Guidelines and Procedures for Supervision of Risk-Based Business Licensing (“ PerBPKM 5/2021 ”).

“In accordance with the mandate of PP 28/2025, the implementing regulations and their application in the Online Single Submission (“ OSS ”) system must be completed no later than 4 months, by 4 October 2025,” he concluded.