Legal Certainty in Licensing of Integrated Business Electronically (Online Single Submission) in Indonesia
Dr. Lilik Pudjiastuti S.H., M.H. (a*), Hasbi Ariski S.H. (b), Desi Arianing Arrum (b)
Faculty of Law Airlangga University
Abstract
This article aims to review the policy of ease of business license through Government Regulation Number 24 of 2018 about The Licensing Service of Integrated Business Electronically. Licensing of Integrated Business Electronically (Online Single Submission) basically intended to facilitate businessman to obtain legality. Before Online Single Submission was applied applicant had to comply the requirements and then they got their business license, at this time with the Online Single Submission has applied, the businessman needs to register on OSS website and get the business license from OSS Institution after that needs to fulfill the requirements. Regarding the failure of the businessman to fulfill the requirements, business activities cannot be carried out even though they already have a business license. Moreover, the business license which already owned can be canceled when the businessman does not fulfill the requirements within the specified time limit. Legal uncertainty arises over business licenses that have been issued by the government even though business licenses are a form of State Administrative Decision. Legitimate Expectation which is conducted by the government on the issuance of business licenses that have not yet been finalized has the potential to harm society (businessman). The ease of licensing is needed to encourage the improvement of the investment in Indonesia, yet it does not mean being careless and abandon the principle of permission as an instrument to control society.
Keywords: Legal Certainty; Online Single Submission; Legitimate Expectation, State Administration decisions and authorities.
Topic: The Role of Law in Supporting Sustainable Cities