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IndonesiaIndonesia’’s Investment Policys Investment Policy
Pratomo WalujoPratomo WalujoDirector for Bilateral and Multilateral CooperationDirector for Bilateral and Multilateral Cooperation
Indonesia Investment Coordinating BoardIndonesia Investment Coordinating Board
The views expressed in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank Institute (ADBI), the Asian Development Bank (ADB),
its Board of Directors, or the governments they represent. ADBI does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequences of their use.
Terminology used may not necessarily be consistent with ADB official terms.
03/28/10
A Brief About A Brief About IndonesiaIndonesia
World’s fourth most populous country, with young demography and rapidly growing middle class – large open market potential and competitive manpower;
World’s largest archipelago, 17,000+ islands – huge development potential of infrastructure, transportation and logistics;
World’s third largest democracy – balance of power between the state and civil society; dynamic stability;
2009 GDP: IDR 5,613.4 trillion (USD 610 billion dollars), the largest economy in Southeast Asia;
Large natural resources endowment – long-term business potential and raw material self sufficiency; and
Geo-political importance – comparative advantage in connectivity with other parts of the world.
2
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Our commitment to combating corruption is very high at every level of government.
The new administration has relentlessly spawnednew initiatives to significantly improve our investment climate (centralized OSS, more justified restrictive investment list, more targeted and collaborative investment promotion, etc.)
Significantly improved homeland security
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Economic Indicators 2004‐2009
4*) Indonesia’s forex reserve stood at US$ 69.7 billion per February 2010 – the equivalent of 7.6 months of imports.
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Global Rating
Rating Upgrades: Indonesia is on course to obtain an investment grade for its sovereign debt rating.* S&P: long-term foreign currency rating of BB,
with positive outlook (March 2010)* Fitch: BB+/stable (January 2010)* Moody’s: Ba3/stable (September 2009)
Bright investment prospect: Indonesia is the world’s top 8 FDI destination due to its large market and natural resource endowment (UNCTAD, World Investment Prospect 2009). 5
03/28/10
Indonesia Indonesia –– Between Two Between Two International CrisesInternational Crises
Crisis in 1997/98 Crisis in 2008/09
Indonesia was the hardest hit: GDP contracted by 13.7% in 1998 (compared to growth of 7.8 % in 1996).
Indonesia is one of a handful of countries in the world maintaining positive growth rates. GDP slowed to 4.5% in 2009, from 6.1% in 2008.
Inflation jumped 77% and the rupiah lost 70% of its value vis-a-vis the US dollar.Stock prices collapsed, taking years to recover.
The rupiah exchange rate fluctuated, but inflation has been subdued. Stock prices tumbled by 50%, but quickly recovered.
Difficult political, economic and social transitions. Then government was brought down by people’s power.
Political, economic and social stability within the parameters of dynamic democracy.
High human cost, in terms of poverty and unemployment.
Domestic demand has continued to be robust, poverty and unemployment are declining.
Ballooning foreign debt, coupled with FDI outflows and sharp rating downgrades.
Declining foreign debt, with FDI inflow continuing and ratings being upgraded.
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Factors SupportingFactors Supporting the the ResiliencyResiliency
Structure of the Indonesian Economy:* Less dependency on export (29.8% of GDP in 2008)* Stronger domestic demand* More balanced economy* The number of Indonesians that invest in the capital market is still relatively small so that the crisis’ impact on the society’s income structure was limited.
Years of reforms – internal consolidation:* Sound macroeconomic management* Well‐established democracy, with a clear division of authority between the central and local governments
* Various domestic institutions have been established: improving the level playing field
* Unprecedented number of new laws/regulations and on‐going reform programs, including public service management
* Tax law revisions in 2008 that cut income tax rates in 2009 helped cushion corporate income weakness.
Decisive pre‐emptive measures taken by the Government7
8
Trend of Domestic and Foreign Investments in Indonesia –2002‐2009
8
Both domestic and foreign investments have been increasing despite some
fluctuations.
0
5000
10000
15000
2002 2003 2004 2005 2006 2007 2008 2009
Realiz ation of F oreig n Direc t Inves tment (Million US D)
0
500010000150002000025000300003500040000
2002 2003 2004 2005 2006 2007 2008 2009
Realization of Domestic Investment(Million Rp)
03/28/10
INVESTMENT REALIZATION FROM OECD COUNTRIES
2,9110,42CANADA15
381,12DENMARK14
18,3112,94NORWAY13
28,535,61LUXEMBOURG12
30,1171,85BELGIUM11
52,13541,111ITALY10
147,11261.198,732NETHERLANDS9
307,36029,012FRANCE8
32010979,726AUSTRALIA7
335,774103,918GERMANY6
343,434132,111SWITZERLAND5
533,3125171,527UNITED STATES4
2029,1672624,6186KOREA3
3447,4230587,761UNITED KINGDOM2
3565,3480678,9124JAPAN1
IPIP
2006 – 20092009
INVESTMENT REALIZATION
COUNTRYRANK
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INVESTMENT REALIZATION FROM OECD COUNTRIES
‐‐‐‐PORTUGAL30
‐‐‐‐CZECH REP.29
0,22‐‐MEXICO28
0,21‐‐ICELAND27
0,22‐‐GREECE26
0,31‐‐SLOVAK REP.25
0,41‐‐HUNGARY24
0,530,42POLAND23
0,620,62IRELAND22
0,830,62SWEDEN21
1,331,33NEW ZEALAND20
1,660,31AUSTRIA19
271,24SPAIN18
2,571,32TURKEY17
2,740,81FINLAND16
IPIP
2006 – 20092009
INVESTMENT REALIZATION
COUNTRYRANK
11
Investment Target
• Investment Needs:– For Infrastructure 2010 – 2014: Rp. 1,429 Trillion (3,94% from GDP) *)
– For Electricity 2010 – 2014: Rp. US$ 50.390,9 Million **)
• Investment Target: Rp. 2000 Trillion p.a.
Note:*) Statement from the Head of the National Development Planning Agency Republic of Indonesia (BAPPENAS) **) Statement from the Minister of Energy and Mineral Resources Republic of Indonesia
03/28/1012
Oil Boom Era (1970s-early 1980s)
Liberalization Era (mid-1980s to 2003) Consolidation Era (2003-present)
Background Economy relying on oil revenue
Economy seeking diversification A more balanced economy, with various sectors contributing to growth
Policy Process Full government discretion
Government discretionRise of economic technocracyIMF-mandated reform (from 1997/98 through 2003)
Various new laws and regulationsPolicy Transparency, involving stakeholder consultationsDecentralized administrationReforms are internalized and extended
FDI Policy High FDI restrictionsLimited number of
sectors open to FDI (“positive list” of investment)
Strong Divestment requirements
Period of reformTransformation of “positive list” to
“negative list” in 1986Allowed 100% foreign equity
ownership from 1994Reduced divestment requirementsReduced minimum initial capital
requirementEased restrictions to expatriates
and use of imported machineryIncentives for export-oriented
investment
Liberalization adjusted to domestic conditions and capacity
Clarity and regular review of investment list
Equal treatment of foreign and domestic investors
Better investment servicesIncentivesCSR provisions
Developments of Indonesia’s Investment Policy
03/28/1013
Improving the Investment and Improving the Investment and Business Climate Business Climate
20102010‐‐201420141. Legal Certainty: Gradual process of regulatory reform to harm1. Legal Certainty: Gradual process of regulatory reform to harmonize onize
regulations at the national and subregulations at the national and sub--national levels, and reduce the lack of national levels, and reduce the lack of clarity and inconsistent implementation;clarity and inconsistent implementation;
2. Procedure Simplification: Adoption of the Electronic System f2. Procedure Simplification: Adoption of the Electronic System for Investment or Investment and Information Services (SPIPISE) at the PTSP centres in severaand Information Services (SPIPISE) at the PTSP centres in several cities l cities starting with Batam. Review of licensing process for simplificatstarting with Batam. Review of licensing process for simplification;ion;
3. National Logistics: Development of a national system to impro3. National Logistics: Development of a national system to improve the flow of ve the flow of goods;goods;
4. Information System: Full operation of the Indonesian 4. Information System: Full operation of the Indonesian National Single National Single Window Window (NSW) for imports and exports. Implementation of (NSW) for imports and exports. Implementation of Integrated Integrated Custom Services AreaCustom Services Area ((KPPTKPPT) in the ) in the JababekaJababeka (Jakarta Industrial Park) as a (Jakarta Industrial Park) as a pilot projectpilot project;;
5. SEZs: Development of SEZs using the PPP scheme;5. SEZs: Development of SEZs using the PPP scheme;
6. Labour policies: Adjust policies to business climate conditio6. Labour policies: Adjust policies to business climate conditions.ns.
03/28/10
On investment roadmap: setting up long‐term investment strategy, divided into four phases: low hanging fruits boost infrastructure development industrialization knowledge‐based economy.
On policy front: speed up centralized “one‐stop shop”investment licensing, computerized licensing system, less restrictive negative‐list, regional champions, Special Economic Zone, etc
On promotional strategy: Targeted investment promotion:diversified by area, by prospective sectors, and done with an integrated approach
3-FRONT STRATEGY
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Long Term Long Term General Investment General Investment
PlanPlano Currently being conceptualizedo 15-20 years horizono Focuses on three priority sectors: Infrastructure,
energy, and food/agricultureo First Target : quick wins and low hanging fruitso Shifting from consumer centric to industrial centrico Provide Incentives for pioneer projects (e.g. Coal
gasification, oil refinery, aluminium and nickel smelters) and priority projects (maritime product processing, cocoa processing, strategic infrastructure, components manufacturing, etc.).
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Investment enhancementin RPJMN
In the newly prepared government’s medium‐term development plan (RPJMN) for 2010‐2014, investment enhancement is one of the national priorities targeted, which could be achieved by :
Procedure simplification;Regulatory reform;Information system improvement; andDevelopment of Special Economic Zones (SEZ).
17
REGULATIONS ON INVESTMENT1. Law No. 25 of 2007 concerning Investment;2. Negative List on Investment:
a. Presidential Regulation No. 76 of 2007 concerning Criteria and Requirements for the Determination of Business Fields Closed and Open with Conditions to Investment;
b. Presidential Regulation No. 77 of 2007 concerning List of Business Fields Closed and Open with Conditions to Investment;
c. Presidential Regulation No. 111 of 2007 concerning Amendment to Presidential Regulation Number 77 of 2007 concerning List of Business Fields Closed and Open with Conditions to Investment.
3. Presidential Regulation No. 27 of 2009 concerning One‐Stop Integrated Service on Investment (PTSP);
4. Implementing Regulations on “one Stop Integrated Service” (PTSP);a. Head of BKPM Regulation No. 11 of 2009 concerning Procedures on Implementation,Development, and Reporting of One‐Stop Integrated Service on Investment;b. Head of BKPM Regulation No. 12 of 2009 concerning Guidelines and Procedures of Investment Application;c. Head of BKPM Regulation No. 13 of 2009 concerning Guidelines and Procedures of Investment Control and Implementation;d. Head of BKPM Regulation No. 14 od 2009 concerning Electronic System forInformation Servicing and Investment Licensing (SPIPISE).
03/28/1018
Law No. 25 of 2007 Law No. 25 of 2007 on Investmenton Investment
Embodies an important milestone of the Government’s investment policy:
* Division of authority on investment affairs.
* Equal treatment for domestic and foreign investors.
* Tax and non-tax incentives.
* Dispute resolution mechanism.
* Integrated one-stop service.
* Freedom to transfer and repatriate profits.
* Protection against nationalization.
* Corporate social responsibility (CSR) requirements.
* Special Economic Zones.
03/28/1019
Investment ListInvestment ListBackground:* Switch from a Priority List (“positive list”) to an
Investment List (Business fields that are closed and open to investments with certain requirements)
Main considerations * environmental protection, * conservation of non-renewable natural resources, * protection against health hazards, * preservation of national culture and heritage and
empowerment of MSMEsReview Mechanism: * regular evaluation, * involving various stakeholders
03/28/1020
1. Business fields closed for Investment (Domestic and Foreign)
2. Business fields open for investment withcertain requirements (Conditional List)
* Reserved for MSMEs* Partnership with MSMEs* Foreign Equity Participation* Certain Locations* Special Licenses
The The Investment List comprises Investment List comprises ::
03/28/1021
New ApproachComprehensive: all sectors of the economy, including oil/gas, mining, banking, non-bank financial institutions, that used to be covered separately.Better coordination: close coordination between various ministries and consultations with relevant stakeholders. This reduces potential regulatory conflicts.Greater Transparency promoting business certainty: * Limitations are clearly stated.* More specific sectors using 5-digit ISIC codes are
identified. Example: used to be in one big “telecom”sector but now is only for specific sub-sectors.
* Grandfather Clause – protects investors that received investment approval prior to Presidential Regulation No.77/2007
03/28/1022
Sectoral PoliciesSectoral Policies
Sectoral and cross-sectoral initiatives by relevant ministries, e.g. National Policy for Industrial Development, National Energy Road Map, National Logistics Blueprint.Development of General Plan for Investment(RUPM), which focuses on investment policies for three priority sectors, i.e. Infrastructure, energy, and food/agriculture.
03/28/1023
In line with:‐ Law No. 25 of 2007, Art. 30 para (4) and para (7)‐ Government Regulation No. 38 of 2007, Annex P‐ Presidential Regulation No. 27 of 2009, Art. 8
1.Investments that are: • Across Provinces;• Related to nonrenewable natural resources with high environmental damage risks;• In Industries that are of high national priority scales;• Linked to the functions of uniting and linking regions; • Linked to national defense and security strategy;
2. Foreign Investment & Foreign Investors that use foreign capital:• Conducted by foreign governments & foreign nationals or foreign business entities; • Using foreign capital derived from foreign government, based on agreement made by the Government & Foreign Government.
3. Other investment fields which by law become the Government’s Affairs.
The Central Government’s investment Administration is carried out by BKPM
Investment Administration
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a. Investment in the scope of cross‐District/City;b. Investment which becomes Provincial Government affairaccording to Government Regulation No. 38 of 2007; and
c. Investment which becomes Central Government affairs, and which has been delegated to Governors.
Province Govt. Affairscarried out by PDPPM
a. Investment in the scope of one District/City;b. Investment which becomes District/City Government affairaccording to Government Regulation No. 38 of 2007; and
c. Investment which becomes Central Government affairs, andwhich has been delegated to District/City Governments.
District/CityLevel Govt.Affairscarried out by PDKPM
Investment Administrationby Local Governments
03/28/1025
What is the facilitation?To minimize time and cost of investing Equal treatment of domestic and foreign investors
PrinciplesSimplicity of procedure, EfficiencyTransparencyBetter accesibility
Forms of facilitationOne Stop Integrated Services (PTSP) and Electronic System for Investment and Information Services (SPIPISE)SEZs (Special Economic Zones)Tax and non tax incentivesNational Logistics BlueprintNational Single Window (NSW)
Investment Facilitation
03/28/1026
Administration of One-Stop Integrated Service
on Investment
1. Administration of PTSP by Central Government is carried out by Indonesian Investment Coordinating Board (BKPM)
2. Administration of PTSP by Provincial Government is carried out by PDPPM
3. Adminisration of PTSP by District/City Government is carried out by PDKPM
Pursuant to the mechanism for authority delegation from:•Minister/Head of LPND, • Governor,
•Regent/MayorIn accordance with their respecitive auhorities.
27
The One Stop Integrated Service on Investment
BackgroundBackground DefinitionDefinition ObjectiveObjective
Mandate of Art. 26 para (3) Law No. 25 of
2007
Administration of licensing and non-
licensing pertinent to investment started from application to
the phase of issuance of
documents in one place.
.
Simplicity of service, fiscal facilities, and
investment information, with the
acceleration, simplification of
service, and alleviation or
elimination of cost.
03/28/1028
Electronic System for Information Servicing and
Investment Licensing (SPIPISE) • SPIPISE is an electronic system for
investment administration that enables investors to apply for licenses and non‐license services online
• SPIPISE also provides investment information.
• Established to facilitate PTSP• Launched in January 2010 in the Free
Trade Zone and Free Port of Batam• To be implemented in all provinces and
districts/cities in stages.
03/28/1029
Objectives of SPIPISE
To integrate data, license, and non-license services;
To provide easy, fast, accurate, transparent, and accountable license and non-license services;
To synchronize investment service policies of various sectoral ministries and also between the Central and local governments.
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INVESTMENT AND BUSINESS CLIMATE
Priority Themeinvestment enhancement by improving legal certainty, simplifying procedures, improving information systems, and developing Special Economic Zones (KEK)
Core substance‐ Legal Certainty‐Simplification of Procedures‐ National Logistics‐ Information System
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Special Economic Zones (SEZs)
SEZs are established to accelerate development in certain areas that are strategic for national economic advancement and to safeguard the progress of local communities within the national economy
An SEZ is a bordered area appointed to implement a special economic function and equipped with certain facilities.
Businesses in SEZs enjoy additional, non-fiscal “incentives”such as:
Simplified administrative procedures;
Relaxed labour and immigration regulations;
No equity ownership limitation for foreign investors;
Negative List of Investment is not applicable in SEZs area;
High quality infrastructure will be provided.
03/28/1032
To harmonize regulations on logistic sectors
To improve coordination among agencies
To strengthen global competition of national Logistic Service Provider (LSP)
To enhance the provisions of logistic infrastructure
To optimize the usage of Information Communication Technology (ICT)
To improve human resource competency
To enhance the role of Logistic Training Institutions
Objectives of the National Logistic Blueprint
Objectives of Objectives of the National Logistic Blueprintthe National Logistic Blueprint
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Technically, the National‐Single Window (NSW) is a system which enables :‐ a single submission of data and information‐ a single and synchronous processing of data and information‐ a single decision‐making for Customs release and clearance
Concept of NSW
Technical Definition of
NSW
DEFINITION OF NSW
33
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Main Goal of NSW System
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Benefit of the Benefit of the INSWINSW
36
INDONESIA’S POLICY FRAMEWORK TO SUPPORT
GROWTH REBALANCING, AND GREEN GROWTH
03/28/10
GOI Understanding of GOI Understanding of Green GrowthGreen Growth
Green growth aims to achieve sustainable developmentClimate and environmental challenges are considered development issuesThese challenges should be addressed not only through sound environmental policies but also solid economic policies, incl. macro-economic management, fiscal policy plans, revenue-raising alternatives, carbon pricing, and long-term investment options.
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Regulatory SupportRegulatory Support
Investment should promote
environmental sustainability
Investment Priority List:criteria to screen investment, incl. environmental criteria
Incentives and disincentives
Finance Ministerial Regulations
Line Ministerial Regulations
Investment Law 2007
Fiscal Incentives: tax, custom, tariff
facilities
Incentives for green investment (e.g. renewable energy: geothermal, biofuel)
Promotion or restriction of certain activities within a sector/sub-sector (e.g. in forest and land use sector)
Incentives and disincentives
03/28/10
Economic and Fiscal Policies
MOF’s Green Paper on Economic & Fiscal Policy Strategies for Climate Change in Indonesia: 1) strategies to guide longer term policy reform for climate change mitigation; 2) strategies to access international financing and canvassing the need for policy reform and institutional development
Energy: discussion on carbon tax/levy on fossil fuel combustion is being processed, in parallel with removal over time of energy subsidies. This will be coupled with policy to access international carbon markets; introducing incentives for energy efficiency anddeployment of low emissions technology, exemplified by a specific geothermal policy strategy.
Land-use and forestry sectors: incentives will be given for carbon abatement measures through the inter-governmental fiscal transfer system, working towards the creation of a Regional Incentive Mechanism for climate change.
MOF’s Green Paper on Economic & Fiscal Policy Strategies for Climate Change in Indonesia: 1) strategies to guide longer term policy reform for climate change mitigation; 2) strategies to access international financing and canvassing the need for policy reform and institutional development
Energy: discussion on carbon tax/levy on fossil fuel combustion is being processed, in parallel with removal over time of energy subsidies. This will be coupled with policy to access international carbon markets; introducing incentives for energy efficiency anddeployment of low emissions technology, exemplified by a specific geothermal policy strategy.
Land-use and forestry sectors: incentives will be given for carbon abatement measures through the inter-governmental fiscal transfer system, working towards the creation of a Regional Incentive Mechanism for climate change.
03/28/1040
Law No. 40/2007 on Company: Definition of Social & Environmental Responsibility
Social and Environmental Responsibility is a corporate commitment to participate in
sustainable economic development in order to improve the quality of life
and the environment so as to make it beneficial to the companies
themeslves, local communities and the society
03/28/10
Regulatory Framework
Law No. 40 of 2007 on Companies: obliges limited companies to fulfill their social and environmental responsibility (Corporate Social Responsibility – CSR). It is also stipulated in the 2007 Investment Law, the Environmental Management Law and the Mining Law.Law No. 8 of 1999 on Consumer ProtectionSuccessive laws on trademark – Law No. 21 of 1961, Law No. 19 year 1992, Law No. 14 of 1997 (in line with the agreement in TRIPs – Agreement on Trade Related Aspects of Intellectual Property Rights), and Law No. 15 year 2001.Successive laws on patent ‐‐ Law no. 6 of 1989, Law No. 13 of1997 and Law No. 14 of 2001.Successive laws on copyright – Law No. 6 of 1982, Law No. 7 of1987, Law No. 12 of 1997, and Law no. 19 of 2002.Law no. 23 of 2002 on Child Protection.
42
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CURRICULUM VITAE1. Name : Pratomo Walujo, SH, MSc2. Address : Jl. Kahayan No.6
Depok Timur – Kota Depok Phone.021‐ 77105773. Position : Director for Bilateral and Multilateral Cooperation
Investment Cooperation Deputy Unit, Investment Coordinating Board
4. Office Address : Jl. Gatot Subroto No.44 JakartaPhone. 021‐5202045
5. e‐mail : [email protected]. Status : Married with 3 children7. Education : 1. Faculty of Law, University of Indonesia (UI), 1984
2. Master of Science in Business Administration University of Illinois at Urbana – Champaign, USA, 1992
Job Experience : 1. Ministry of Finance, 1978 ‐ 19822. Investment Coordinating Board (BKPM)1982 ‐ now.