Take Note, This is the Business Field whose Licenses Are Not Handled Through OSS

The government has simplified the licensing process for business actors through the One Single Submission Risk Based Approach (OSS-RBA) system or the licensing process through one door based on risk categories.

The legal umbrella for OSS is Government Regulation (PP) No. 24/2018 on Electronically Integrated Business Licensing Services. Yes, this policy tries to simplify license services by integrating the system.

Although OSS integrates several licenses into one, in fact not all licenses can be processed through OSS.

According to the Director of Deregulation of the Investment Coordinating Board (BKPM,) Yuliot, some licenses are still processed at BKPM. What are the licenses in question?

Overview of the OSS System

Business actors must be familiar with OSS, a business license issued by the OSS institution for and on behalf of the minister, head of institution, governor, or regent/mayor to business actors through an integrated electronic system.

With the existence of OSS, it can facilitate the management of various business licenses (related to location, environment, and building), as well as operational licenses for business operations at the central or regional levels.

Then, OSS is useful to facilitate business actors to connect with all stakeholders and obtain licenses safely, quickly and in real time. Then, another benefit is to facilitate business actors in reporting and solving licensing problems in one place.

In addition, OSS is also useful in providing facilities for business actors to store licensing data in one business identity (NIB).

Referring to the Annex of PP 24/2018, a number of licenses that must be processed through OSS include licenses in the electricity, agriculture, environment and forestry, health sectors.

1. Electricity Sector Business Licensing
2. Business Licensing in the Agriculture Sector
3. Business Licensing Environment and Forestry Sector
4. Business Licensing of Public Works and Public Housing Sector
5. Business Licenses Marine and Fisheries Sector
6. Health Sector Business Licenses
7. Drug and Food Sector Business Licenses
8. Industry Sector Business Licenses
9. Trade Sector Business Licenses
10. Business Licensing Transportation Sector
11. Business Licensing Communication and Information Sector
12. Financial Sector Business Licenses
13. Tourism Sector Business Licenses
14. Education and Culture Sector Business Licenses
15. Higher Education Sector Business Licenses
16. Religion and Religious Sector Business Licenses
17. Employment Sector Business Licenses
18. Police Sector Business Licenses
19. Business Licensing of Cooperatives, Micro, Small and Medium Enterprises (MSME) Sector
20. Business Licensing in the Nuclear Sector

To be able to access OSS, several requirements must be owned by business actors, namely having a NIK and inputting it in the process of creating a user-ID.

Especially for business actors in the form of business entities, the required Population Identification Number (NIK) is the NIK of the Person in Charge of the Business Entity.

Other requirements, namely business actors in the category of business entities in the form of PT, business entities established by foundations, cooperatives, CVs, firms, and civil partnerships must complete the process of legalizing business entities at the Ministry of Law and Human Rights through AHU Online, before accessing OSS.

Business Fields whose Licenses Are Not Processed Through OSS

As explained, BKPM Deregulation Director Yuliot said, some licenses are still being processed at BKPM. "In accordance with PP 24, there are several sectors that are regulated, each sector has a type of license. So far, there are licenses carried out by KPM, and those that are not in the attachment to PP No. 24/2018 are still served at KPM,” he explained.

Furthermore, this is because some business fields have special criteria that cause licenses can only be issued by certain institutions or agencies. Here are some of them as reported by Chayra.id:

Legal Consultant Activities

The first is the business field of legal consulting activities. KBLI with code 69102 cannot be issued a business license in the form of an NIB document.

Why is that? Because the activities of legal consultants refer to the regulations of their respective professional fields, such as advocates who refer to Law Number 18 Year 2003 concerning Advocates.

An advocate can open a practice and act in court not based on a business license, but after being sworn in as an advocate. The same applies to other professions such as notaries who have their own rules and codes of ethics in practicing opening their own offices.

Social Science Research and Development

The second is the field of business related to social science research and development. KBLI with code 72201, the business license application is not made through the OSS institution, but is adjusted to the research conducted.

If the research is conducted by an individual, they must submit a Research Certificate (SKP) to the Regent/Mayor if the research area covers 1 regency/city, to the Governor if the research is more than 1 regency/city but still in the same province, or to the Minister of Home Affairs if it covers two or more provinces.

In addition, foreign research agencies/institutions that wish to conduct research and development in Indonesia should submit their applications to the National Research and Innovation Agency (BRIN), not through the OSS.

Public Relations Activities

Unlike the previous two business fields whose licenses cannot be processed through OSS RBA, but rather follow the relevant laws and regulations, the public relations activity business field cannot apply for licenses through OSS RBA.

Therefore, if you want to open a business field of public relations or public relations activities, you must take care of licensing through authorized agencies such as the Ministry of Communication and Information or the Ministry of Education and Culture.

Those are some business fields that cannot be licensed through OSS. But don't worry, you can still open the business field by following the applicable laws and regulations and applying for a business license through the authorized agency.

Source: kontrakhukum.com