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Selasa, 17 Juni 2025
Understanding Positive Legal Presumption (Fiktif Positif / FikPos) in Business Licensing
Have you submitted a Business Licensing application but still haven’t received clarity on its issuance? Don’t worry! The government provides protection through the Positive Legal Presumption (Fiktif Positif) mechanism to safeguard Business Actors’ rights.
Fiktif Positif (FikPos) is a provision stating that if a licensing application is not followed up within a specified period, it is legally considered approved. In other words, silence means approval—as long as all requirements are fulfilled.
If the submitted business licensing application is complete and follows the correct procedures, but has not been processed within the specified time limit (SLA), then the license will be automatically considered approved through the OSS system.
Legal Basis of Fiktif Positif:
- Law No. 6 of 2023, Article 175 Paragraph (7)
- Government Regulation No. 28 of 2025 on the Administration of Risk-Based Business Licensing
Why is FikPos important?
- Provides legal certainty
- Accelerates the licensing process
- Supports bureaucratic reform
- Enhances investment competitiveness
- Strengthens OSS as the national licensing system
Types of Business Licensing Eligible for FikPos:
- Basic Requirements (PD)
- Business Licensing (PB)
- Business Licensing to Support Business Activities (PB UMKU)
Verification and Evaluation
- Issuance of licenses through FikPos does not remove the obligation of ministries/agencies/regions to verify.
- If inconsistencies are found between the application and actual conditions:
- The license may be evaluated.
- It may even be revoked, according to applicable laws and regulations.
“FikPos exists to speed up processes, not to overlook accuracy.”
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