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Undestanding The Minister of Public Works Regulation No. 6 of 2025: Key Implications For Licenses of Foreign Investment Construction Service Companies

As an implementing regulation of Government Regulation No. 28 of 2025 regarding updates to Risk-Based Business Licensing in Indonesia, the Ministry of Public Works of the Republic of Indonesia (MoPW) has updated the provisions governing the compliance requirements for construction services business entities in Indonesia through the issuance of Minister of Public Works Regulation No. 6 of 2025 on the Business Activity Standards and/or Product/Service Standards, Implementation of Supervision, and Imposition of Sanctions in the Organization of Risk-Based Licensing in the Public Works Sector (MoPW Reg 6/2025). This regulation was issued and came into effect on 30 December 2025, revoking and replacing the previous Minister of Public Works Regulation No. 6 of 2021 on the same subject.

MoPW Reg 6/2025 introduces improvements to the licensing process through more streamlined and focused provisions. Compared with the previous regulatory regime, which generally set out the main licensing provisions at the government regulation level specifically under Government Regulation No. 5 of 2021, MoPW Reg 6/2025 further elaborates the applicable sanctions and supervision process, thereby providing more specific guidance for implementation at the sectoral level.

The key provisions for foreign investment construction service companies (Badan Usaha Jasa Konstruksi Penanaman Modal Asing/BUJK PMA) under the current construction regulatory regime include the capital ownership and technical requirements, business segmentation provisions, extension of business licenses, and applicable sanctions.

Provisions Regarding BUJK PMA in the New Regulation

The Requirements for the Establishment of BUJK PMA

As was also required under the previous regime, to obtain the Business Entity Certificate (Sertifikat Badan Usaha/SBU), a BUJK PMA is required to comply with the foreign ownership structure requirements and technical investment criteria. The foreign ownership requirements include:
  • a maximum foreign ownership of 70% by a foreign investor from ASEAN countries; and 
  • a maximum foreign ownership of 67% by a foreign investor from non-ASEAN countries.
Then, the technical investment criteria includes:
  • the foreign investor is registered as a construction services business entity (Badan Usaha Jasa Konstruksi/BUJK) in the form of a legal entity with a large qualification in its country and the same business classification as the local investor. 
  • the local investor is registered as a BUJK with large qualification, as demonstrated by its construction services business license and valid SBU, and has the same business classification as the foreign investor.
BUJK PMA must also fulfil the requirements regarding annual sales and financial capabilities. According to the prevailing laws and regulations, a BUJK PMA shall be classified as a BUJK with a large qualification. For a BUJK with large qualification, BUJK PMA must meet the minimum annual sales requirement of IDR50.000.000.000 (fifty billion Rupiah) and a minimum financial capability of IDR10.000.000.000 (ten billion Rupiah). Specifically, with respect to the annual sales requirement, upon the initial establishment of a BUJK PMA, the sales shall be valued based on the local investor’s experience.

The Operational Requirements for BUJK PMA

MoPW Reg 6/2025 sets out new provisions regarding business segmentation and minimum project value requirements for construction services companies based on the qualification or sub-qualification of the relevant BUJK. In this case, a BUJK PMA is subject to the provisions applicable to a BUJK with a large qualification and may only be allowed to execute the construction work with a minimum value of IDR50.000.000.000 (fifty billion Rupiah).
 
Moreover, as a BUJK with a large qualification, BUJK PMA is required to maintain a minimum annual sales value of IDR50.000.000.000 (fifty billion Rupiah) as prescribed under the prevailing construction services regulations. The extension of SBU is contingent upon the entity’s ability to demonstrate relevant construction experience during 2 (two) SBU validity periods. If the entity is unable to demonstrate such experience, it will not be eligible to renew its SBU. These provisions also applied before under the previous regime.

Sanctions

The provisions on sanctions were further clarified by specifying the types of violations applicable to each business entity and the corresponding sanctions which may be imposed. Sanctions may be imposed on a BUJK PMA in the event that it:
  • has not obtained the required and applicable SBU to provide the construction services;
  • has not possessed a PB when providing construction services; 
  • has not fulfilled its reporting obligations; and/or
  • has not complied with the foreign ownership requirements and technical investment criteria.
Sanctions that may be imposed on a BUJK PMA may include the suspension or revocation of its license, written warnings, and administrative fines.

Conclusion

With the issuance of MoPW Reg 6/2025, the Ministry of Public Works has strengthened Indonesia’s construction services regulatory framework through a sector-specific approach aimed at improving compliance among construction services companies in Indonesia.

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