Legal Entity and Licensing

PT PMA: The Threshold Fell, the Scrutiny Rose

Minimum paid up capital dropped from IDR 10 billion to IDR 2.5 billion. Most guides stop there. The same regulation introduced a twelve month capital lock and tighter realisation monitoring, which is the part that catches investors out.

Why the entity comes before almost everything

A foreign company cannot conduct commercial activity in Indonesia without a PT PMA. It is not a preference or a tax optimisation, it is the only legal vehicle through which a foreign party can hold shares, sign binding contracts, employ staff and generate revenue. Using a nominee arrangement through a locally owned company to work around this is explicitly prohibited under Article 10 paragraph 1 of Law No. 25 of 2007 on Investment, and carries consequences that reach past administrative sanction.

Contracts and banking

Corporate bank accounts, enforceable supplier contracts and employment agreements all require the entity to exist first.

Product registration

BPOM registration must be filed by an Indonesian entity. Without one you depend entirely on a distributor holding your licence.

Commercial legitimacy

Indonesian corporate clients, government counterparts and banks routinely ask for proof of legal standing before engaging.

The two numbers everyone confuses

These are different figures governing different things, and mixing them up is the most common cause of licensing delay.

Paid up capital

Equity actually deposited into the company account by shareholders. Set at a minimum of IDR 2.5 billion per company under Ministry of Investment and BKPM Regulation No. 5 of 2025, effective 2 October 2025, reduced from IDR 10 billion.

Investment plan value

Total planned project spend, which remains above IDR 10 billion per five digit KBLI code per project location, excluding land and buildings. This did not change.

Why it matters

Treating the investment plan as a capital deposit requirement, or the reverse, produces a licensing application that does not reconcile and gets held up in review.

The twelve month capital lock

Article 27 paragraphs 1 and 2 of the same regulation state that paid up capital cannot be moved out of the company account for at least twelve months from the date it is deposited, except for asset purchases, construction or operational needs. This is declared by the applicant through a self declaration in the OSS system. Before this regulation the obligation was not set out explicitly, and the practice it targets is capital deposited only to satisfy the deed and then withdrawn.

The lock connects to reporting. Investment realisation is monitored through the periodic LKPM report, and an entity that deposits the minimum and then shows no progress toward the cumulative investment plan risks having its business identification number suspended in the OSS system. In practical terms the capital requirement is no longer a one time gate, it is an ongoing commitment that has to be evidenced.

2,5 MIDR paid up minimum
10 MIDR investment plan
12months locked

How registration actually proceeds

Confirm the KBLI code first

Business activities map to five digit Indonesian standard industrial classification codes, and the code determines the licensing pathway, the sector specific obligations and whether full foreign ownership is even available. Getting this wrong after incorporation is expensive to unwind.

Check the Positive Investment List

Foreign ownership is governed per KBLI code. Some sectors are fully open, some are capped, and a small number are closed entirely. Sector eligibility attaches to the code, not to a general description of the business.

Reserve the name and draft the deed

Company name reservation with the ministry, then a notarised deed of establishment setting out the articles, shareholders, directors and commissioners.

Register through OSS-RBA

Risk based business licensing through the online single submission system, which issues the business identification number and the licences attached to the risk level of the activity.

Deposit capital and open banking

Capital must be genuinely deposited into the company account, not merely stated in the deed. Corporate account opening is often slower than foreign investors expect and may require in person attendance.

Report and keep reporting

LKPM reporting is periodic and continuing. Compliance here is what keeps the licence live once the entity exists.

PT PMA compared with a representative office

These are not two versions of the same thing. They permit different activities.

PT PMARepresentative office
RevenueCan generate revenue, invoice clients and hold contracts.Cannot generate revenue. It exists to represent, coordinate and research.
OwnershipForeign shareholding permitted subject to the Positive Investment List for the relevant KBLI code.Not a shareholding vehicle. It is a presence, not a company.
CapitalSubject to minimum paid up capital and investment plan thresholds.No equivalent paid up capital threshold, because there is no equity to hold.
When it fitsAny brand that will sell, import, employ at scale or hold product registrations.Market study, liaison and coordination before a commercial decision is made.

Where foreign investors most often get stuck

Choosing the KBLI code late

The code governs everything downstream. Choosing it after documents are drafted means redoing the documents.

Assuming 100 percent ownership

Sector caps attach to specific codes. A general assumption about the industry is not a substitute for checking the code.

Underestimating banking

Corporate account opening is frequently the slowest step and often requires physical presence.

Treating LKPM as optional

Reporting is the mechanism through which the licence stays valid. Silence is not neutral.

Where Arfadia fits

Arfadia does not incorporate companies, prepare deeds or handle licensing submissions. Those require notaries and licensed business licensing consultants. This page exists because entity structure determines what a brand can say publicly, which market claims it can make, and how quickly it can start building visibility. A brand that understands the sequence starts the visibility track at the right moment instead of losing months.

This is not legal advice

Arfadia is not a law firm, notary or licensed business licensing consultant. This page is a plain reading of published regulation as of August 2026, provided so brands can ask better questions of their advisers. Capital thresholds, sector rules and procedures change, and several changed during 2026 alone. Verify current requirements with a licensed adviser before acting.

Primary references
  • Law No. 25 of 2007 on Investment, Article 10 paragraph 1 on nominee prohibition
  • Ministry of Investment and BKPM Regulation No. 5 of 2025, Articles 26 and 27
  • Government Regulation No. 28 of 2025 on Risk Based Business Licensing
  • Positive Investment List, foreign ownership by KBLI code



Frequently Asked Questions

What is the minimum capital for a PT PMA?

Minimum paid up capital is IDR 2.5 billion per company under Ministry of Investment and BKPM Regulation No. 5 of 2025, effective 2 October 2025, reduced from IDR 10 billion. Separately, the minimum investment plan remains above IDR 10 billion per five digit KBLI code per project location, excluding land and buildings. These are two different requirements and both apply.

Can we deposit the capital and then use it?

It can be used for the business, but it cannot simply be moved out. Article 27 of the same regulation requires that paid up capital stays in the company account for at least twelve months from deposit, except for asset purchases, construction or operational needs, and the applicant declares this through the OSS system.

Can a foreigner own a local PT instead?

No. A locally owned PT is restricted to Indonesian shareholders, and using a nominee to hold shares on a foreigner's behalf is explicitly prohibited under Article 10 paragraph 1 of Law No. 25 of 2007. The only lawful route for foreign shareholding is a PT PMA.

Is 100 percent foreign ownership available?

It depends on the specific five digit KBLI code, not on the industry in general. Some codes are fully open, some carry ownership caps, and a small number are closed to foreign investment entirely. Confirm the exact code before assuming.

How long does the whole process take?

Registration through OSS-RBA is commonly described as a matter of weeks, but registration is not the same as being operational. Corporate bank account opening, capital deposit verification and any sector specific licences extend the real timeline considerably, and vary by sector and completeness of documents.

Does Arfadia set up companies?

No. Incorporation, deeds and licensing submissions require notaries and licensed consultants. Arfadia works on digital visibility once the entity exists.

Entity settled, still invisible?

Legal presence and market presence are different problems. The second one is ours.

Talk to Arfadia See client portfolio
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