Frequently Asked Questions: #negative-investment-list-foreign-investment

The Negative Investment List (DNI) was Indonesia’s former list of business sectors closed or restricted to foreign investment. In 2021 it was replaced by the Positive Investment List (also called the Priority Investment List, Daftar Prioritas Investasi), issued under Presidential Regulation No. 10/2021 as amended by No. 49/2021. Key points for foreign investors:

• The default flipped: under the DNI, sectors were assumed restricted unless listed as open; under the Positive Investment List, all business sectors are open to 100% foreign ownership unless specifically listed otherwise.

• Closed sectors: only a small set of activities remains completely closed to investment — for example gambling and casinos, cultivation of class-I narcotics, capture of protected and endangered species, coral extraction, and chemical weapons production. The alcoholic beverage manufacturing industry also remains closed to new investment.

• Conditional sectors: a limited number of sectors keep foreign ownership caps or special requirements (for example postal services and domestic air transport), or are reserved for — or require partnership with — Indonesian cooperatives and micro, small, and medium enterprises (MSMEs).

• Priority sectors: several hundred business fields are designated as priority sectors and qualify for incentives such as tax holidays, tax allowances, and customs facilities.

• Impact on PMA companies:

  • Far more sectors are available for wholly foreign-owned PMA companies than under the DNI
  • Business activities are defined by 5-digit KBLI classification codes chosen at registration through the OSS (Online Single Submission) system
  • Compliance with the list is checked automatically during OSS registration

• Seeking professional advice:

  • Sector conditions still change from time to time, so it’s advisable to consult with experts like Okusi Associates for the most current information and guidance on how the Positive Investment List affects specific investment plans.

By understanding the Positive Investment List, foreign investors can confirm early whether their planned activities allow full foreign ownership and structure their PMA company accordingly.

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