Dwianto Capital Advisory
Service 03: Post-Deal & Ongoing Governance

Legal & Financial
Compliance Advisory

Entry is the beginning, not the end. A PT PMA (a foreign-owned Indonesian company) carries continuous, overlapping obligations across four regulators, each with its own deadline and its own penalty for a lapse. We hold that obligation as a single mandate, so the entity stays in good standing and capital stays free to move.

Entity Standing PT PMA
BKPM LKPM investment report
Quarterly
Kemenkeu · DJP Corporate tax & SPT filing
Monthly · Annual
OJK · Bank Indonesia Sector & FX reporting
Ongoing
Manpower · BPJS Employment & social security
Ongoing
Status Monitored continuously
The Problem

Why Compliance Drifts.

After entry or acquisition, internal systems rarely keep pace with Indonesian regulatory change. Left unmonitored, four things slide quietly out of alignment. Each is recoverable early and costly late. Compliance is the recurring layer that holds them in place.

01

Governance

At close

Day-to-day decisions still track the board's mandate and the original investment thesis agreed at completion.

Left unmonitored

Operating choices drift away from that mandate, and no one is accountable for holding the widening gap.

02

Reporting

At close

Local PSAK (Indonesian Financial Accounting Standards) accounts reconcile cleanly to the parent company's consolidated IFRS (International Financial Reporting Standards) reporting each period.

Left unmonitored

The two sets of books fall out of sync, eroding the board's and investors' line of sight.

03

Regulation

At close

Filings to BKPM, OJK, Kemenkeu and Bank Indonesia are complete, accurate and fully up to date.

Left unmonitored

New obligations land throughout the year and their deadlines quietly pass before anyone has noticed.

04

Shareholder Rights

At close

Drag-along, tag-along and minority protections written into the SHA are observed exactly as negotiated.

Left unmonitored

Negotiated rights and dividend policy weaken quietly whenever no one is actively monitoring the agreement.

The Mandate

Compliance Architecture.

One mandate for the full set of post-entry obligations (financial, legal and governance), so nothing lapses in the gaps between separate advisers.

Six domains, one mandate
01 BKPM

Licensing & LKPM Reporting

Quarterly LKPM (Investment Activity Report) filing to BKPM (Investment Coordinating Board) and live monitoring of the NIB (Business Identification Number) and operational licences. Mandatory for every PMA; lapses carry licence-suspension risk.

LKPM NIB Licences
02 Kemenkeu · DJP

Tax Architecture

Corporate income tax, VAT, withholding on dividends and service fees, transfer-pricing documentation and annual SPT, filed with licensed consultants to protect your position.

CIT VAT Withholding Transfer Pricing
03 Board

Statutory & Board Reporting

PSAK-to-IFRS alignment, board packs prepared to investor standard, and statutory registers and minutes kept current, so every meeting rests on verified information.

PSAK IFRS Minutes
04 SHA

Shareholder Agreement Monitoring

Independent oversight of drag-, tag-along and minority protections and dividend policy, so the rights negotiated at close are observed, not quietly eroded.

Drag / Tag Minority Dividends
05 Manpower

Corporate Secretary & Manpower

Registered address, corporate secretary and statutory records, plus BPJS (Social Security Agency) enrolment, RPTKA (Foreign Worker Utilisation Plan) renewal and Manpower Law compliance, without a full local back office.

Co-Sec BPJS RPTKA
06 OJK

ESG & Anti-Corruption Governance

ESG benchmarking to the OJK (Financial Services Authority) Sustainable Finance Roadmap and GRI/TCFD, with FCPA (US Foreign Corrupt Practices Act) and UK Bribery Act programmes, internal audit and whistleblower protocols for international parents.

ESG FCPA Whistleblower

The Risk of Inaction

Indonesian requirements are not static, and the penalty for non-compliance is rarely a simple fine. It is typically a restriction that can halt operations or trap capital in-country. The exposure is concrete.

Discuss Your Compliance Needs
RISK 01

Licence Suspension

Failure to file LKPM reports for two consecutive quarters triggers an automatic licence review by BKPM.

RISK 02

Tax Penalty Cascades

Late SPT filings and transfer-pricing non-compliance can attract penalties of up to 150% of underpaid tax.

RISK 03

Repatriation Blocks

Dividend repatriation requires clean BKPM status and current tax clearance; non-compliance traps capital in-country.

Our Process

A Continuous Mandate, Not a One-Off.

We set the entity in order once, then hold it in good standing as obligations evolve. The set-up is finite; the mandate is not.

Phase 01–03 · One-time set-up
01

Diagnostic

A full review of the entity's standing, filings and exposure against live obligations.

02

Framework Design

Governance, reporting and internal controls designed to investor-grade standard.

03

Implementation

The framework put into operation: calendars, filings, board structures and sign-off protocols.

04 Then, continuously

Ongoing Retainer

Once the framework is live, the mandate runs as a perpetual cycle across BKPM, OJK, Kemenkeu and Bank Indonesia.

Monitor

Regulatory change and upcoming deadlines, across all four authorities.

Report

LKPM, tax and board reporting filed on schedule; registers kept current.

Renew

Licences, RPTKA and the compliance calendar refreshed as rules evolve.

Reviewed each quarter; the cycle renews

Expert
Inquiry

Addressing the specific nuances of Indonesian regulatory compliance and statutory obligations.

Quarterly LKPM investment reporting to BKPM, annual corporate tax (SPT) filing, transfer-pricing documentation for related-party transactions, BPJS enrolment, and statutory record maintenance. The set grows with headcount and sector.

Failure to file for two consecutive quarters triggers an automatic licence review by BKPM, which can escalate to suspension. Dividend repatriation also requires clean BKPM status, so lapses can trap capital in-country.

Both, though we recommend a retainer. Obligations are continuous and overlapping; an ongoing mandate keeps the entity in good standing without the cost of a full in-house administrative function.

Yes. We begin with a diagnostic of current standing and filings, remediate any gaps, then install an ongoing framework. Many mandates begin precisely because an existing PMA has drifted out of compliance.

We implement FCPA and UK Bribery Act-aligned programmes, internal audit frameworks and whistleblower protocols, with documentation suitable for an international parent's own governance and reporting obligations.

Address
Your Exposure.

Regulatory uncertainty is manageable when identified early. Bring your structure and we will assess the risk clearly.

Arrange a Confidential Consultation
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