Obligations of Business Operators under Minister of Trade Regulation Number 33 of 2025
Summary
Minister of Trade Regulation Number 33 of 2025 on Business Activity Standards and/or Product/Service Standards in the Implementation of Risk-Based Business Licensing for the Trade and Legal Metrology Sectors (“Regulation 33/2025”) was issued by the Minister of Trade on October 3, 2025. The main objective of the issuance of this regulation is to implement the provisions in Government Regulation Number 28 of 2025 on the Implementation of Risk-Based Business Licensing (“GR 28/2025”).
In summary, this ministerial regulation stipulates detailed standards, requirements, obligations, and oversight mechanisms for business actors in the trade and legal metrology sectors, whose licensing is now processed through the Online Single Submission (OSS) system based on the risk level of the business activity.
Background and Context
MOT Regulation 33/2025 aims to create a framework for the implementation of risk-based business licensing in the trade sector.
As set forth in its considerations section, this regulation is a direct mandate of GR 28/2025. The primary background is the transition of Indonesia's licensing system toward a risk-based approach, where each business activity is classified by its risk level (low, medium-high, and high).
Prior to this regulation, the standards and requirements for various business activities in the trade sector may have been stipulated in various regulations or were not yet fully integrated with the new Risk-Based OSS system.
Therefore, this MOT Regulation was issued to address these challenges by providing a single reference that details business activity standards and product/service standards, ensuring legal certainty, simplifying the licensing process, and facilitating oversight for the government and business actors.
Comparison with Previous Regulations
| Aspect | Previous Provisions (MOT Regulation 26/2021 and related regulations) | New Provisions (MOT Regulation 33/2025) |
| Regulatory Structure & Scope | General standards were governed by MOT Regulation 26/2021, but some business fields, such as Property Trading Intermediary Companies, were still regulated in a separate regulation, namely MOT Regulation 51/2017. | Consolidates various standards into one overarching regulation. This MOT Regulation explicitly repeals MOT Regulation 26/2021, MOT Regulation 51/2017 (concerning P4), and MOT Regulation 14/2006 (concerning Survey Services). The standards for these fields are now integrated into the Annexes of MOT Regulation 33/2025. |
| Property Intermediary Business License | Companies were required to have a Property Trading Intermediary Company Business License issued by a Director at the Ministry of Trade. The SIU-P4 required re-registration every 5 years. The head office was required to have a minimum of 2 certified Experts. | Specific business licenses like the SIU-P4 are abolished. Instead, business actors under the Indonesian Standard Industrial Classification 68200 (property intermediary scope) must obtain a Standard Certificate verified through the OSS system. The expert requirement is changed to a minimum of 1 certified Property Intermediary Manager, and all Property Brokers must be certified. |
| Company Registration (TDP) | Based on MOT Regulation 76/2018, the Business Identification Number issued via OSS served as the Company Registration Certificate. This regulation repealed the scheme for simultaneous issuance of Trade Business Licenses and Company Registration Certificate previously regulated in MOT Regulation 14/2016 and 77/2013. | The principle that the NIB serves as the TDP is maintained for businesses of all risk levels. The NIB, as the initial identity, may be supplemented with a Standard Certificate or License depending on the risk level of the business in the trade sector. |
| Product & Business Activity Standards | Stipulated in the Annexes of MOT Regulation 26/2021. Already regulated registration obligations for K3L (Security, Safety, Health & Environment) Goods, mandatory Indonesian National Standard products (Goods Registration Number), and User Manuals/Warranty Cards. | Stipulated in the Annexes of MOT Regulation 33/2025 to implement GR 28/2025. The concept of registration obligations for K3L, Goods Registration Number, and others remains, but with updates to the list of goods, technical requirements, and more current standard (SNI) references. |
Key Provisions
| Regulatory Aspect | Provisions | Article |
| Licensing System Integration | he entire issuance process for Business Licensing and Business Licensing to Support Business Activities is conducted electronically through the OSS System, which is integrated with the technical systems at the Ministry of Trade (INATRADE and SIMPKTN). | Article 5 |
| Risk Level Classification |
Forms the basis for the entire licensing mechanism. Every business activity in the trade and legal metrology sectors is classified into three levels:
|
Article 6 |
| Low-Risk Business Licensing | Licensing for low-risk business activities takes the form of a Business Identification Number (NIB). This NIB is issued automatically through the OSS System and serves as the business actor's identity as well as the legality to commence and conduct its business activities. | Article 7 |
| Medium-High-Risk Business Licensing | Licensing takes the form of an NIB and a Standard Certificate. The Standard Certificate is initially issued with an "unverified" status based on the business actor's self-declaration. Business actors must fulfill all business activity implementation standards for their certificate to be verified by the Government. | Article 8 |
| High-Risk Business Licensing | Licensing takes the form of an NIB and a License. A License is an approval from the Central or Regional Government that must be obtained before a business actor can carry out operational and/or commercial activities. The License is only issued after the government verifies compliance with all requirements. | Article 9 |
| Development and Oversight |
Development can take the form of education, technical guidance, to promotion facilitation. Oversight is conducted hierarchically by the Minister, Governor, Regent/Mayor, up to the Special Economic Zone Administrator, covering three main aspects:
|
Articles 11 to 13 |
| Administrative Sanctions | Violations are subject to gradual or cumulative Administrative Sanctions. The forms of sanctions include: written warnings, government coercion (e.g., securing/withdrawing goods, warehouse closure, blocking of electronic systems), freezing of licenses, up to revocation of licenses and/or administrative fines. | Article 14 |
| Transitional Provisions | Provides a transition period for business actors to adapt, such as a 1-year adjustment obligation for property brokers/surveyors without competency certificates, 6 months for electronics producers to provide manuals and warranties in printed form, and 1 year for K3L testing laboratories to obtain National Accreditation Committee accreditation. | Article 16 |
Annexes
| Annex | Regulatory Aspect | Provisions |
| Annex I (Business Activity Standards) | Property Intermediary Services (KBLI 68200) | Requirements: Must be a legal entity; have a minimum of 1 certified Property Manager; all Property Brokers must be Indonesian citizens (WNI) & certified. Key Obligations: Must have a written agreement; commissions regulated at 2-5% for sale/purchase and 5-8% for lease; display NIB and show Expert Identification Card; report cooperation with foreign parties; prohibited from facilitating property crowdfunding. |
| Laboratory Testing Services, Periodic Inspections, & Installation Technical Inspections (KBLI 71202, etc.) | Requirements: Must be a Limited Liability Company with minimum capital of IDR 1 Billion (excluding land/buildings); must have a minimum of 5 certified Indonesian citizen (WNI) Survey Experts (Surveyors) at the head office. Key Obligations: Make written agreements with service users; maintain confidentiality of all data and survey report results; use testing laboratory facilities accredited by KAN; be fully responsible for the accuracy of work results. | |
| Digital Platform/PPMSE (KBLI 63122) | Risk Level: Low for micro-scale, High for small, medium, and large-scale. Requirements: Must have an Electronic System Operator Registration Certificate from the relevant ministry; provide consumer complaint services. Key Obligations: Retain financial transaction data for a minimum of 10 years; provide a refund mechanism; provide downloadable electronic contracts; prioritize .id domains; if in the form of a mobile application, must provide an identical (mirroring) website. (PPMSE: Organizers of Electronic Systems and Transactions. | |
| Annex II (Supporting Product/Service Standards) | Warehouse Registration Certificate (TDG) | Every warehouse that is leased or used to store merchandise (not for own use) must be registered to obtain a Warehouse Registration Certificate. Registration includes technical data such as address, coordinates, photos, area, and warehouse capacity. Managers of staple goods warehouses must report their stock periodically. |
| Franchise Registration Certificate (STPW) | Franchisor: Must prepare a Franchise Offer Prospectus containing complete data (legality, business history, last 2 years' financial statements, Intellectual Property Rights. Franchisee: Must have a valid Franchise Agreement with clear clauses (rights & obligations, territory, dispute resolution). Both must register to obtain a Franchise Registration Certificate and report annual activities. | |
| K3L Goods Registration | Goods related to Security, Safety, Health & Environment (K3L) must be registered. The requirement is a Test Result Report from a KAN-accredited laboratory stating the product meets test parameters. The registration number must be affixed to the product/packaging. Re-registration is required every 5 years. | |
| Goods Registration Number (NPB) | Goods for which SNI has been made mandatory must be registered to obtain an NPB. The requirement is ownership of an SNI Trademark Usage Product Certificate. The NPB must be affixed in a specific format below the SNI logo on the product/packaging. Importers must include the NPB number on the Import Declaration document. | |
| UTTP Type Approval | Producers/importers of Measuring, Weighing, Tallying, and Ancillary Equipment must obtain Type Approval before the product is manufactured or imported. The process: the product must be tested to obtain a Type Evaluation Certificate from a Ministry of Trade Technical Implementation Unit, which then becomes the basis for issuing the Type Approval. Approved UTTP must be affixed with a Type Conformity Mark and must be calibrated before being circulated in the market. | |
| Annex III (Types of Goods) | List of Regulated Goods |
Constitutes the definitive list detailing the types of goods subject to the obligations in Annex II. This Annex is divided into four main parts:
|
Conclusion
MOT Regulation 33/2025 stipulates that business activity standards and product/service standards for the trade and legal metrology sectors are based on Annexes I and II, while Annex III lists the types of goods required to meet those standards.
The licensing mechanism is implemented on a risk-based and electronically integrated basis through OSS, INATRADE, and SIMPKTN, with the following classification: low risk only requires an NIB, medium-high risk requires an NIB and a verified standard certificate, while high risk requires an NIB and a license before operating.
The scope of activities regulated includes general trade, survey services, real estate, testing laboratories, commercial digital platforms, as well as special trade activities such as alcoholic beverages, hazardous materials, and legal metrology (measuring, weighing, tallying, and ancillary equipment), all processed electronically to ensure transparency and licensing simplification.
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