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Indonesia’s economic landscape has undergone significant transformation with the introduction of new investment laws under the Omnibus Law framework, specifically through Presidential Regulation No. 10 of 2021 (PR 10/2021). This new regulation replaces the previous Negative Investment List (DNI) and opens up various sectors to foreign investment. The new investment law aims to boost foreign direct investment (FDI), streamline business processes, and create a more favorable investment climate.

Key Changes in the Investment Law

Section

Before

Now

Broad Sectoral Opening

PR 10/2021 stipulates that all business sectors are generally open to foreign investment unless explicitly closed or reserved for the central government. This shift marks a significant change from the previous DNI, which listed sectors that were either completely or partially closed to foreign investment.

All business sectors generally open to foreign investment unless explicitly closed or reserved for the central government. Significant shift from previous DNI.

Telecommunications and Digital Platforms

The telecommunications sector, which previously had stringent foreign ownership restrictions, is now open without conditions. Foreign investors can own up to 100% in various telecommunications activities, including fixed and mobile networks, internet service provision, and telecommunication content services. This liberalization is expected to drive growth and innovation in Indonesia’s digital infrastructure.

Sector now open without conditions. Foreign investors can own up to 100% in telecommunications activities, driving growth and innovation.

Healthcare and Pharmaceuticals

Significant changes have also been made in the healthcare and pharmaceutical sectors. The distribution of pharmaceutical products and the manufacturing of health equipment are now open to 100% foreign ownership. Private hospitals and main specialist clinics have seen the removal of previous ownership caps, encouraging greater foreign investment to address the healthcare sector’s challenges and disparities.

Distribution of pharmaceutical products and manufacturing of health equipment open to 100% foreign ownership. Private hospitals and specialist clinics no longer have ownership caps, encouraging foreign investment.

Section

Before

Now

Traditional Medicine and Health Equipment

Traditional medicine manufacturing remains closed to foreign ownership, while the distribution aspect is ambiguous. Manufacturing of Class A health equipment is fully open, provided it involves partnerships with cooperatives or MSMEs. Sophisticated equipment manufacturing is fully open 

Traditional medicine manufacturing closed to foreign ownership. Class A health equipment manufacturing fully open with cooperative or MSME partnerships. Sophisticated equipment manufacturing fully open 

Media and Broadcasting

Media and broadcasting sectors have seen selective liberalization. Newspaper, magazine, and bulletin publishing activities now allow up to 49% foreign ownership for publicly listed companies. Private and subscription-based broadcasting activities remain restricted, with a maximum of 20% foreign ownership still in place.

Newspaper, magazine, and bulletin publishing allow up to 49% foreign ownership for publicly listed companies. Private and subscription-based broadcasting restricted to 20% foreign ownership.

Infrastructure and Construction

The infrastructure sector, particularly telecommunication tower construction and maintenance, has been liberalized, allowing full foreign ownership. This is expected to support the rapid expansion of Indonesia’s telecommunications infrastructure, which is crucial for economic growth.

Telecommunication tower construction and maintenance liberalized, allowing full foreign ownership. Supports rapid expansion of telecommunications infrastructure.

 

Opportunities
The new investment law provides numerous opportunities for foreign investors. The liberalization of key sectors such as telecommunications, healthcare, and digital platforms creates a conducive environment for investment. Companies can now enter these markets with full ownership, offering greater control and the potential for higher returns.

Strategic Considerations
Foreign companies should conduct thorough due diligence and market research to identify viable investment opportunities and potential risks. Understanding the local business culture, regulatory framework, and market dynamics is essential for successful investment. Additionally, forming strategic partnerships with local entities can help navigate regulatory complexities and enhance.

ABP is a market entry firm specializing in helping foreign companies navigate the complexities of entering new markets. With a deep understanding of Indonesia’s regulatory environment, ABP can help foreign companies navigate unwritten policies and regulatory challenges. They provide guidance on compliance requirements and assist in engaging with relevant government agencies to ensure smooth market entry and operation.

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Ashraf

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