PELAKSANAAN PERIZINAN BERBASIS RISIKO PASCA UNDANG-UNDANG CIPTA KERJA Indonesia

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Bahir Mukhammad

Abstract

This study aims to determine the concept of business licensing in OSS which was previously contained in Presidential Regulation Number 91 of 2017 concerning the Acceleration of Business Implementation turned into the application of a standard and risk-based approach (Risk-Based Approach / RBA). The licensing process is based on the level of risk of the scale of the business activity. The job creation law has the basic concept of "trust but verified" risk, in that trust licensing provides confidence to business actors in Indonesia. However, this trust must be accompanied by verification from the Ministry or agency in the business licensing sector. Along with the issuance of Law Number 11 of 2020 concerning Job Creation, there is a simplification of licensing and supervision with a risk approach as well as integration with various permits, this means that later the granting of permits will be carried out by the central government based on risk calculations. There are several risk determinations and business scale ratings of business activities, which are determined to be, low-risk business activities, medium-risk business activities, or high-risk business activities. The research method used is a normative juridical approach based on primary legal materials. This study uses the following approaches: statute approach, conceptual approach, and case approach. The technique of tracing legal materials uses document study techniques, and analysis of studies using qualitative analysis.

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