Indonesia Positive Investment List: Clearer Open Sectors and Smarter Ownership Rules
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Indonesia Positive Investment List: Clearer Open Sectors and Smarter Ownership Rules

Published on: Jun 16, 2026 | Author: Marketing & Communications

Indonesia’s foreign investment framework changed direction with the move from the old Negative Investment List to the Positive Investment List approach. The core rules sit in Presidential Regulation No. 10 of 2021, as amended by Presidential Regulation No. 49 of 2021 on 25 May 2021. Sources describe PR 49/2021 as one of Indonesia’s greatest liberalisations in foreign ownership limitations since the negative list was first introduced in the 1980s. The practical impact is a clearer starting assumption for investors: instead of asking whether a sector is open, many now ask whether it is specifically closed or capped. This shift opens previously restricted areas while keeping safeguards for strategic industries and domestic business protections.

In day-to-day planning, the Positive Investment List is a master reference for what a foreign investor can own and what structure is required. It connects directly to KBLI codes, which function as the legal identity of the activity you register in OSS and the anchor for any foreign ownership rule that applies. As multiple sources stress, “open” does not mean automatic entry. You still need to select the correct KBLI code, confirm the ownership percentage allowed, and secure the licenses required by OSS risk-based rules and sector regulators. Some business fields remain accessible only with conditions, such as mandatory special approvals, investment capital requirements, or foreign ownership limits that may be waived under specific circumstances.

Open Sectors, Priority Fields, and What “100%” Really Means

Several sources summarise the general rule in the new framework as: business sectors are open to 100% foreign ownership unless explicitly limited. One article notes the elimination or raising of foreign ownership caps in over 200 business lines. The government also prioritises specific fields for facilities under the priority sector classification, described as including 245 business fields such as manufacturing, renewable energy, digital economy, infrastructure, healthcare, and pharmaceuticals. But investors should avoid oversimplifying the message into “everything is 100% open.” The framework still includes capped or conditional lines, and sector-specific rules can add operational requirements even when the ownership limit looks permissive on paper.

For investors assessing incentives, the sources list both fiscal and non-fiscal facilities tied to priority criteria. Fiscal examples include a 50% corporate income tax reduction for investments between IDR 100 billion and IDR 500 billion for five years, and a 100% corporate income tax reduction for investments over IDR 500 billion for periods ranging from five to twenty years. Other items include a 30% reduction in taxable income for six years, a special withholding tax rate on dividends at 10%, and tax loss carry-forward for up to 10 years. Qualification can depend on criteria such as being labor intensive (employs at least 200 workers and labor costs at least 15% of production costs) or being capital intensive (at least IDR 100 billion investment capital), among other listed conditions.

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It is also important to separate ownership rules from implementation updates. As of 2025, sources state the ownership framework remained unchanged, even as implementing rules focused on licensing mechanics and risk-based supervision. As of 2026, the main rules are still PR 10/2021 and PR 49/2021, and one source highlights a notable operational change: in October 2025, BKPM Regulation No. 5 of 2025 reduced the minimum paid-up capital for a PT PMA from IDR 10 billion to IDR 2.5 billion, described as a 75% reduction. In terms of investment momentum cited in the sources, Indonesia’s total direct investment in 2024 reached IDR 1,714.2 trillion, with FDI at IDR 900.2 trillion, while Q1 2025 FDI was approximately US$13.67 billion, a 12.7% increase compared to the same period last year.

What is Indonesia’s Positive Investment List used for?

It is the main framework used to check whether a foreign investor can enter a business field, how much ownership is allowed, and whether a local partner or special licensing is required under PR 10/2021 and PR 49/2021.

Are most sectors open to 100% foreign ownership under the current rules?

Sources describe the general rule as 100% foreign ownership unless explicitly limited, and note that caps were eliminated or raised in over 200 business lines. However, some lines remain capped or conditional and can require special approvals.

Is there a brand-new Positive Investment List regulation in 2026?

No. As of 2026, sources state the main rules remain PR 10/2021 as amended by PR 49/2021, and misconceptions about a “new” list in 2025 are specifically noted.

What changed for PT PMA paid-up capital requirements?

One source states that in October 2025, BKPM Regulation No. 5 of 2025 reduced the minimum paid-up capital for a PT PMA from IDR 10 billion to IDR 2.5 billion, a 75% reduction.

How should investors approach Indonesia’s Positive Investment List analysis in practice?

They should start with KBLI selection because it determines what can be registered in OSS and what ownership rules attach, then confirm licensing needs and any caps or conditions set by the framework and sector regulators.

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