The Effect of Licensing through Online Single Submission (OSS) on

the Establishment of the Company

R. Murjiyanto, Devi Andani

Faculty of Law, Janabadra University, Jl. Timoho II No. 40, Yogyakarta, Indonesia

Keywords: Company, Licensing, Integrated, Establishment, OSS.

Abstract: The business actor must obtain a permit in the form of an agreement that is stated in the form of a letter /

decision or fulfillment of the requirements and / or commitment to start and run a business and / or activity.

With this agreement, the business actor is given a Business Registration Number (NIB), namely the identity

of the Business Actor issued by the OSS Institution after the Business Entity registers through Online Single

Submission (OSS). The Business Actor must enter the business data when establishment the company to be

able to access the OSS in the AHU Director General of the Ministry of Law and Human Rights, in accordance

with the Indonesian Standard Industrial Classification (KBLI). The method used is normative research

methods, by reviewing several documents, applicable regulations, and company establishment documents.

The conclusions of the problems are as follows: 1. Enforcement of integrated business licensing services

through on line or OSS has an effect, that each company establishment must enter company data specifically

in the business field of the AHU Director General of the Ministry of Law and Human Rights, through a

process of ratification or registration, namely for business entities in the form of legal entity is using

ratification, while a business entity that is not a legal entity is using registration. 2. Business actors in

determining business fields for business activities carried out in the business establishment process must

adjust to the Indonesian Standard Industrial Classification (KBLI) as stipulated in the Regulation of the Head

of the Central Statistics Agency. 3. For companies that have been established before the OSS is applied, they

must adjust their activities according to the business fields listed in KBLI 2017 by amending their articles of

association, especially concerning the purpose of putting business data into the Public Law Administration

Director General of the Ministry of Law and Human Rights’ system and registering to OSS Institution to

obtain a company registration number (NIB).

1 INTRODUCTION

In order to improve the national economy through

business development efforts in all fields, the

government has issued regulations relating to

business licensing, by simplifying business licensing

through Government Regulation Number 24 of 2018

concerning Electronic Integrated Licensing Services

or Online Single Submission (OSS). So far, business

actor in managing permits have been done manually

by knocking on doors one by one starting from the

district / city Integrated One-Stop Services or in

Indonesia is called as PTSP, provincial PTSP, to the

central PTSP (Investment Coordinating). The one-

stop service policy which aims to make it easier for

the public to take care of all needs related to licensing

is considered not optimal.(Bagijo, 2010)

The ease of licensing services is not only for the

interests of domestic investment business activities

but is also intended to facilitate foreign investors to

run their businesses domestically in the form of

foreign investment, which licensing problem has been

a problem that has hampered the establishment of

businesses. Some incentives and conveniences for

foreign investors who will invest their capital in a

country are increasingly mixed attractively. The

juridical sector is no exception, which is also

demanded to not become a hindrance, or not to be left

behind by the juridical sector in competing

countries.(Fuady, 1996)

Through this online integrated business licensing

regulation, business licensing is carried out online

through a single system called OSS. This policy is

expected to provide convenience and accelerate

business licensing, while at the same time increasing

the development of investment and business which in

Murjiyanto, R. and Andani, D.

The Effect of Licensing through Online Single Submission (OSS) on the Establishment of the Company.

DOI: 10.5220/0009197600050011

In Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences (ICASESS 2019), pages 5-11

ISBN: 978-989-758-452-7

itself will increase business growth and the national

economy. Business Licensing is registration that is

given to Business Actors to start and run a business

and / or activity and is given in the form of an

agreement outlined in the form of a letter / decision

or fulfillment of requirements and / or commitments.

With registration to obtain this agreement, the

business actor is given a company registration

number, hereinafter abbreviated as NIB, is the

identity of the Business Actor issued by the OSS

Institution after the Business Actor registers.

In the management of licensing registration

through OSS, it is integrated with several agencies

which are related on business actor’s data, including

company data at the Public Law Administration

Director General of the Ministry of Law and Human

Rights, population data at the Ministry of Home

Affairs of Director General of Population and Civil

Disputes, Tax Identification Number at the Director

General of Taxes even labor data that must be

registered with the Social Insurance Administration

Organization or in Indonesia is called as BPJS.

To be able to access OSS, company data is needed

at the Public Law Administration Director General of

the Ministry of Law and Human Rights, so that all

business actors must enter company data either

through endorsement or registration, depending on

the legal status of the company which is a legal entity

or not and requires approval or registration. So far,

there are several forms of business entities, both legal

entities such as Limited Liability Companies as

stipulated in Law number 40 of 2007, while forms of

business that are not legal entities such as the form of

partnership (maatschap)(Prasetya, 1995) as the main

federation form which are regulated in the Civil Code,

while General Partnership and Limited Partnership

are regulated in the Code of Business Law.

In addition, when applying for registration or

ratification of legal entities through the Public Law

Administration Director General of the Ministry of

Law and Human Rights, data must be put in line with

the Indonesian Standard Industrial Classification

(KBLI) as stipulated in the Central Bureau of

Statistics Regulation number 95 of 2015 concerning

Indonesian Standard Industrial Classification (KBLI)

as has been amended by Regulation of the Head of the

Central Bureau of Statistics number: 19 of 2017,

hereinafter referred to as KBLI 2017. Thus the

business actors who will carry out a business activity

in their establishment must adjust KBLI 2017 so that

data on business fields registered with the Public Law

Administration Director General can be accessed

through OSS when managing business permits.

In accordance with the consideration of

regulations concerning integrated business licensing

services, it is intended to facilitate business activities

and development, as well as facilitate the business

establishment process. From the description of

business establishment before the issuance of the

regulation on business licensing through OSS, the

obligation to approve business entities of legal

entities through the Public Law Administration

Director General of the Ministry of Law and Human

Rights only applies to business entities with legal

entities, especially Limited Liability Companies.

However, but with the enactment of business

licensing services through OSS, this requires that

businesses that are not legal entities such as alliances

must also be registered through the Public Law

Administration Director General of the Ministry of

Law and Human Rights. This is so that company data

can be accessed through OSS Institutions when

submitting licensing applications through OSS with

business fields that are in accordance with ISIC 2017.

From this description, several problems can be stated

as follows: 1.What is the effect of applying business

licensing services through on line or OSS on business

establishment procedures? 2. How do business actors

determine the business sector for the business

activities carried out in the business establishment

process? What about the companies that have been

established before the enforcement of the OSS?

2 RESEARCH METHODS

We strongly encourage authors to use this document

for The method used is normative research methods,

by reviewing several documents, applicable

regulations, and documents on the registration

process and / or endorsement of the establishment of

the company, including:

1. Presidential Regulation Number 91 of 2017

concerning the Acceleration of Business

Execution

2. Government Regulation of the Republic of

Indonesia Number 24 of 2018 concerning

Electronic Integrated Business Licensing Services

3. Regulation of the Minister of Law and Human

Rights of the Republic of Indonesia Number 17 of

2018 concerning Registration of the Limited

Partnership, General Partnership, and Limited

Liability Partnership

4. Regulation of the Minister of Law and Human

Rights of the Republic of Indonesia number 1 of

2016 concerning Amendments to Regulation of

the Minister of Law and Human Rights of the

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

Republic of Indonesia number 4 of 2014

concerning Procedures for Submitting Requests

for Ratification of Legal Entities and Approval of

Amendments to Articles of Association and

Submission of Notices of Amendments to Articles

of Association and Amendments to Data of

Limited Liability Companies.

5. Regulation of the Head of the Central Bureau of

Statistics number: 95 of 2015 concerning the

Indonesian Standard Industrial Classification

(KBLI)

6. Regulation of the Head of the Central Bureau of

Statistics number: 19 of 2017 concerning

Amendments to the Regulation of the Head of the

Central Bureau of Statistics number: 95 of 2015

concerning Indonesian Standard Industrial

Classification (KBLI)

By analyzing in depth several regulations relating

to business licensing services through electronic or

Online Single Submission (OSS), and supported by

data in the form of registration process documents

and / or authorization of establishment of companies,

it can be produced conclusions that can be accounted

for academically.

3 RESULT AND DISCUSSIONS

3.1 The Effect of the Application of

Business Licensing Services

through on Line or OSS on the

Business Establishment Procedure

In order to achieve a prosperous society, a mechanism

must be created to facilitate business activities that

can increase the economic growth of the community.

One of which is ease and simplification in the field of

business licensing. By providing convenience and

simplification of business licenses, it is hoped that

business activities can grow and develop so that it can

increase the economic growth of the community and

by itself will improve the welfare of the community.

Economic development needs to be developed to

create jobs, enhance sustainable economic

development, increase national technological

capacity and capabilities, and encourage people's

development and realize public welfare in a

competitive economic system.(Bagijo, 2010)

Some countries implement licensing intended to

provide protection to the public and business actors

themselves. Like the provisions of the regulations

imposed in the United Kingdom, Its further

recommendations went on to include creation of

personal and premises licences, exible opening hours,

consistent nationwide conditions to protect the public

from nuisance and disorder, and greater controls and

sanctions for authorities dealing with liquor licensing.

It also, controversially, suggested that liquor

licensing should be transferred from magistrates to

local authorities.(Poppleston, 2001)

Licensing in company activities is very important,

because a permit owned by a company will give trust

to the third parties or the consumers. The licensing

effect was demonstrated in various consumer

contexts focusing on consumers’ self-

behaviors.(Toder-Alon et al., 2017)

In connection with efforts to increase business

ventures, the government has issued a number of new

regulations, including Presidential Regulation

Number 91 of 2017 concerning the Acceleration of

Business Execution. One of the considerations of

issuing the Presidential Regulation was stated in its

consideration that business licenses issued by

ministries / institutions and regional governments to

start, implement and develop business activities need

to be reorganized in order to become a supporter and

not otherwise become an obstacle to the development

of business activities. In order to accelerate and

simplify business services, need to implement the use

of information technology through an Integrated

Electronic Integrated Business Licensing System

(Online Single Submission) or OSS.

Then followed up with the issuance of

Government Regulation of the Republic of Indonesia

Number 24 of 2018 concerning Business Licensing

Services to be Integrated Electronically. One of the

considerations for issuing the Government

Regulation is stated in its consideration, that in the

context of accelerating and increasing investment and

business, it is necessary to apply Business Licensing

Services to be integrated electronically. Article 1

point 5 states that Electronic Integrated Business

Licensing or Online Single Submission, hereinafter

abbreviated as OSS, is Business Licensing issued by

OSS Institutions for and on behalf of ministers, heads

of institutions, governors, or regents / mayors to

Business Executors through integrated electronic

systems.

Business Licensing is obtained through

registration given to the Business Actor to start and

run a business and / or activity and is given in the form

of an agreement as outlined in the form of a letter /

decision or fulfillment of requirements and / or

Commitments. Business Actors are individual or non-

individual business actors who conduct business and

/ or activities in certain fields. Business License is a

permit issued by OSS Institutions for and on behalf of

The Effect of Licensing through Online Single Submission (OSS) on the Establishment of the Company

ministers, heads of institutions, governors, or regents

/ mayors after the Business Entity registers and starts

a business and / or activity prior to commercial or

operational implementation by fulfilling the

requirements and / or Commitment. Commercial or

Operational Permits are permits issued by OSS

Institutions for and on behalf of ministers, heads of

institutions, governors, or regents / mayors after the

Business Entity obtains a Business License and for

conducting commercial or operational activities by

fulfilling the requirements and / or Commitments.

Commitment is a statement of Business Actors to

fulfill the requirements of a Business License and / or

Commercial or Operational Permit. Management

Institutions and OSS Organizers, hereinafter referred

to as OSS Institutions, are non-ministerial

government institutions that administer government

affairs in the field of investment coordination. The

Company Registration Number, hereinafter

abbreviated as NIB is the identity of the Business

Actor issued by the OSS Institution after the Business

Actor registers, which includes the registration of

business and / or activities by the Business Actor

through OSS.

Company Registration Certificate hereinafter

abbreviated as TDP is a letter of approval issued by

the OSS Institution to Business Actors who have

registered. The OSS Institution issues NIB after the

Business Actor registers through filling in the

complete data and obtaining the Tax Identification

Number. This NIB is a business identity and is used

by Business Actors to obtain a Business License and

Commercial or Operational Permit, including the

fulfillment of the requirements for Business Licenses

and Commercial or Operational Permits. NIB is valid

as long as the Business Actor runs his business and /

or activities in accordance with the provisions of the

legislation.

The NIB also applies as a Company Registration

Certificate (TDP) as referred to in laws and

regulations in the field of company registration

certificate (as stipulated in the Law Number 3 of 1982

concerning the Company Registration Requirement).

The NIB is an endorsement of the TDP valid for the

term of the NIB. NIB also applies as an API as

referred to in laws and regulations in the field of trade,

and the NIB also applies as customs access rights as

referred in legislation in the customs sector.

Business licenses must be owned by business

actors who have obtained NIB, in accordance with

applicable regulations. NIB can be revoked and

declared invalid by OSS Institutions in case: Business

Actors conduct business and / or activities that are not

in accordance with NIB, and / or declared null or

invalid based on a court decision that has permanent

legal force.

The types of business licenses consist of:

Business Licenses, and Commercial or Operational

Licenses. Applicants for Business Licensing are

submitted by: Individual Business Actors and Non-

Individual Business Actors.

Compared to individual businesses, business

activities in the form of business entities will be easier

to develop with greater capital support, because it

involves several parties. The number of traders as an

individual company that aims to obtain profits that are

generally used to fulfill their daily living decreases

annually compared to companies such as Limited

Liability Company, Cooperatives, Limited

Partnership and General Partnership. This shows that

the establishment of an individual company is not so

passionate compared to the establishment of a

business entity.(Hasbi, 2016) Business entities that

carry out business activities in the economic field

have certain forms, such as trading companies,

General Partnership, Limited Partnership, Limited

Liability Companies, Public Companies,

cooperatives.(Kansil, 1996)

In carrying out a business, entrepreneurs need a

place to be able to act in legal actions and interact.

The choice of type of business or legal entity that will

be used as a means of business depends on the needs

of its founders.(Amanda et al., 2018)

Establishment of Business Entity & NIB

To be able to access the OSS in order to obtain an

NIB, the business form that is established must be

authorized and / or registered electronically (on Line)

through SABH to ratify the establishment of a legal

entity business entity or SABU to register the

establishment of a business entity rather than a legal

entity at the Public Law Administration Director

General of the Ministry of Law and Human Rights.

Ratification of the establishment of a Legal Entity

Company such as a Limited Liability Company (PT)

based on the provision of law which regulates the

form of business concerned through the Legal Entity

Administration System (SABH) at the Public Law

Administration Director General of the Ministry of

Law and Human Rights. Whereas registration of

establishment of a business entity which is not a legal

entity such as

Limited Partnership, General Partnership and

Civil Partnership is submitted by the Applicant to the

Minister through the Business Entity Administration

System (SABU) at the Public Law Administration

Director General of the Ministry of Law and Human

Rights.

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

Both the establishment and amendment to the

articles of association must be stated in a notary deed,

and an approval for a legal entity company or

registration for a company that is not a legal entity

which is submitted to the Ministry of Law and Human

Rights through an electronic system (on line). The

form of a partnership in Indonesia has not yet been

considered a legal entity (Hadhikusuma, 1996), so the

founding process does not require endorsement, but

rather registration.

The Limited Partnership (commanditaire

vennootschap) is a Limited Partnership that has been

registered with the Central Government. Registration

of Limited Partnership (commanditaire

vennootschap) to the Government includes

registration of deed of establishment, amendment to

the articles of association and dissolution of the

Limited Partnership (commanditaire vennootschap)

by the ministry that administers legal affairs.

General Partnership (venootschap onder firma) is

a General Partnership (venootschap onder firma) that

have been registered to the Central Government.

Registration of General Partnership (venootschap

onder firma) to the Central Government includes

registration of deed of establishment, amendment to

the articles of association and dissolution of the

General Partnership (venootschap onder firma) by the

ministry that administers legal affairs.

The civil partnership is a civil partnership which

has been registered to the Central Government.

Registration of a civil partnership to the Central

Government includes registration of a civil

partnership deed, amendment to the constitution of a

civil partnership, and the dissolution of a civil

partnership by the ministry that administers legal

affairs.

Application for registration of establishment of

Limited Partnership, General Partnership, and Civil

Partnership is submitted by the Applicant to the

Minister through the Business Entity Administration

System (SABU), by first ordering the name of the and

making a deed of establishment.

Limited Partnership, General Partnership, and

Civil Partnership that have been registered in the

District Court based on laws and regulations, within

1 (one) year after the enactment of this Ministerial

Regulation is obliged to register the registration in

accordance with the provisions of this Ministerial

Regulation. Registration of the registration is allowed

to use a name that has been used legally by the

Limited Partnership, General Partnership, and Civil

Partnership that has been registered in the Business

Entity Administration System.

From the description of business establishment

before the issuance of the regulation on business

licensing through OSS, the obligation to enter

company data when filing approval through the

Public Law Administration Director General of the

Ministry of Law and Human Rights only applies to

business entities with legal entities, especially

Limited Liability Companies, but with the

implementation of licensing services that are

integrated through OSS. The establishment of a

company that is either a legal entity or not a legal

entity such as a partnership must enter company data

specifically in the business field in accordance with

KBLI 2017 at the Public Law Administration

Director General of the Ministry of Law and Human

Rights. This is so that the data on the business sector

of the company can be accessed and integrated

through the OSS Institution when submitting a

licensing application to determine the type of permit

needed and obtain the Company Registration Number

(NIB).

With this business licensing service through

electronic or online, the business actor in registering

his business and obtaining a Company Registration

Number (NIB) does not need to deal with several

licensing agencies that have been valid, but enough to

put data through an application provided by the OSS

Institution, following the commitment to fulfill

business licenses according to their business fields.

In some countries, licensing involves various

parties and agencies, such as in the state of Israel.

According to the 1968 Business Licensing Law and

bylaws enacted, any legal entity defined as

‘‘Business’’ can’t operate without a license issued by

an official authority.Granting a business license

involves several national government agencies: the

police department, the Ministry of Health, fire and

rescue services, the Ministry of the Environment, the

Ministry of Labor and other organizations. Each

business must receive approval from relevant

government agencies in order to obtain a business

license.(Friedberg et al., 2004)

With this integrated licensing service, licensing is

simpler, more effective and efficient, so that it makes

it easy for businesses to immediately carry out their

business activities. Thus business activities will be

more developed and by itself improve the economy

and the welfare of the community.

The Effect of Licensing through Online Single Submission (OSS) on the Establishment of the Company

3.2 Determine the Business Field of

Business Activities Carried Out in

the Process of Establishing a

Business

The business actor when establishing a company must

determine in advance the business activities that will

be carried out, then from the business activities look

for the list of KBLI 2017 regarding any business

fields that are in line with the business activities to be

carried out in the deed of establishment and put in

place at the time registration or endorsement of the

Public Law Administration Director General.

The line of business carried out must be in

accordance with KBLI 2017. In the establishment and

/ or amendment to the articles of association the

company must include the company's goals and

objectives, covering business fields and activities by

adjusting to Regulation of the Head of the Central

Bureau of Statistics number 95 of 2015 Jo. number 19

of 2017 concerning the Indonesian Standard

Industrial Classification (KBLI 2017). At least, it

states the business fields listed in the two-digit

numbers on the ISIC, and business activities listed in

the five-digit number in KBLI 2017. The mention of

business fields that are in accordance with the

activities carried out is included in the deed of

establishment and put on the system on line to the

Data from the Public Law Administration Director

General of the Ministry of Law and Human Rights

when registered or at the time of ratification depends

on the legal status of the established company

requiring approval or it is sufficient with a

registration.

The data on business sectors that has been put in

the Public Law Administration Director General of

the Ministry of Law and Human Rights that will later

be connected in an integrated manner with the OSS

Institution when registering the licensing application

to obtain the Company Registration Number (NIB).

With such procedures, there are fundamental

differences in the procedures for establishing a

company. In relation to the business sector, the

business actor must first determine what business

activities will be carried out, then look for business

data in the list of ISIC 2017 to find out what business

sectors are in line with the business activities to be

carried out.

Whereas, regarding to the establishment

procedure by establishing a deed of establishment, all

business forms must be registered or ratified

according to the form of business in the Ministry of

Law and Human Rights by including data on business

fields to be integrated with OSS Institutions when

registering business license applications to obtain

NIB. In the previous provisions, ratification through

the Ministry of Law and Human Rights was only a

business entity with a legal entity such as a Limited

Liability Company, while a business entity that is not

a legal entity was registered with the local District

Court, such as Civil Partnership, General Partnership

and Limited Partnership.

Limited liability companies as legal entities are

affirmed in Law number 40 concerning Limited

Liability Companies, in article 1 number 1, among

others, it is stated that Limited Liability Companies

are legal entities which are capital alliances. As a

legal entity, Limited Liability Company has the legal

subject position. This position has legal consequences

that Limited Liability Company becomes a supporter

of rights and obligations in legal traffic.(Budiyono,

2011)

For companies that have been established before

the OSS is applied, they must adjust their activities

according to the business fields listed in KBLI 2017

by amending their articles of association specifically

concerning their purpose and objectives and putting

business data into the Public Law Administration

Director General of the Ministry of Law and Human

Rights' system and registering to OSS Institution to

obtain a Company Registration Number (NIB). This

is as regulated in Government Regulation Number 24

of 2018 concerning Electronic Integrated Business

Licensing Services (OSS) and Minister of Law and

Human Rights Regulation Number 17 of 2018

concerning Registration of Limited Partnership,

General Partnership and Civil Partnership, as well as

Limited Liability Companies.

In the event that registration of licenses to obtain

a NIB is not carried out, it will be suspended

(freezing) or revocation of business licenses (Article

81 Government Regulation number 24 of 2018). This

is important and must be fulfilled because business

activities that do not have permits can be subject to

administrative sanctions and even criminal acts (for

example article 106 of Law Number 7 Year 2014

concerning Trade).

4 CONCLUSIONS

1. Enforcement of integrated business licensing

services through on line or OSS has an effect, that

every company establishment must enter

company data specifically in the business sector

to the Public Law Administration Director

General of the Ministry of Law and Human

Rights, through the process of ratification or

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

registration, namely for legal entities with

endorsement, while business entities which is not

a legal entity is through registration.

2. Business actors in determining business fields for

business activities carried out in the business

establishment process, must adjust to the

Indonesian Standard Industrial Classification

(KBLI) as stipulated in the Regulation of the Head

of the Central Bureau of Statistics.

3. For companies that have been established before

the OSS is applied, they must adjust their

activities in accordance with the business fields

listed in KBLI 2017 by amending their articles of

association, specifically concerning their business

objectives and inputting business data into the

Public Law Administration Director General of

the Ministry of Law and Human Rights’ system

and register to the OSS Institution to obtain a

Company Registration Number (NIB). In the

event that registration of licenses to obtain a NIB

is not carried out, it will be suspended.of your

submission.

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The Effect of Licensing through Online Single Submission (OSS) on the Establishment of the Company