Indonesia

Indonesia

Releasing "Positive List" of Investment

04 Mar 2021

On 4 March 2021, Presidential Regulation 10 of 2021 on business fields open to investment (‘positive investment list’) came into effect. It replaces Presidential Decree No.36/2010 (‘negative investment list’). Presidential Regulation 10 of 2021 is part of Indonesia’s ongoing economic reforms through the Omnibus Law. The general principle under the positive investment list is that a business sector is open to 100 percent foreign investment unless it is subjected to a specific type of limitation. Indonesia has classified business fields into four categories. 1. Priority sectors – 245 business lines open for foreign investment; 2. Business fields that stipulate specific requirements or limitations — 46 business lines open; 3. Businesses fields open to large enterprises, including foreign investors, but are subject to a compulsory partnership with cooperatives and micro, small, and medium-sized enterprises (MSMEs) — 51 business lines open; and 4. Business fields reserved for cooperatives and MSMEs (not open to foreign investment) — 112 business lines. Important sectors that had previous foreign ownership restrictions, which have now been lifted include, among others: (1) telecommunications; (2) transportation; (3) energy; (4) distribution; and (5) construction services.