Perhaps it is still fresh in our memories that in 2022, one of the Gacoan Noodle outlets located on Jalan Raya Cilendek, West Bogor was sealed by Satpol PP because it did not have licensing documents in its business activities. As if not reflecting on the incident, now the Gacoan Noodle outlet is again threatened to be sealed by the Bogor City Satpol PP. Mie Gacoan must again receive a warning letter to stop its operational activities until an unspecified time limit. How come? What licensing documents were violated and not owned by Mie Gacoan so that it was threatened with being sealed? So that you don’t experience the same thing, let’s take a look at the explanation of the Mie Gacoan Bogor case and the terms of its business license below!
Chronology of Gacoan Noodle Sealing Case in Bogor
The threat of sealing that occurred was a response to the recommendation of Commission I of the Bogor City DPRD after it conducted a surprise inspection of the Gacoan Noodle outlet located on Jalan Sholeh Iskandar. The spicy noodle restaurant angered Commission I of the Bogor City DPRD because they have conducted a grand opening since June 24, 2023, but have not completed the licensing documents. Not only that, Secretary of Commission I of the Bogor City DPRD Fajari Aria Sugiarto emphasized that his party would immediately make recommendations on the Gacoan Noodle case in Bogor City. Because, based on reports from the Bogor City Investment and One-Stop Integrated Services (DPMPTSP) Office, until now all Gacoan Noodle outlets in Bogor City do not have Building Approval (PBG) permits. even for Gacoan Noodle Jalan Sholeh Iskandar could not show a site plan. After the inspection, the Satpol PP of Bogor City immediately sent a warning letter to the Gacoan Noodle to stop its operation starting Tuesday, June 27, 2023 until an unspecified time limit. Head of Satpol PP of Bogor City, Agustian Syach, emphasized that the warning letter was issued based on Regional Regulation (Perda) Number 2 of 2019 concerning Building and Building Permit.
Building Permit Conditions in Business Activities
Now you have understood the chronology of the sealing case of Mie Gacoan Bogor. So, based on the above case, how exactly is building licensing in business activities? It should be noted that with the issuance of Law Number 11 of 2020 concerning Job Creation (CIptaker Law), the government replaced the Building Permit (IMB) with Building Approval (PBG) which is claimed to be simpler. Where in terms of requirements, IMB requires building owners to provide several conditions such as recognition of land rights status, utilization permits, building ownership status, to building construction permits. Meanwhile, PBG only requires the need for planning and designing buildings according to building codes, reliability, and prototype designs. That way, building owners no longer have to apply for a permit before erecting a building.
What is the Procedure for PBG?
In terms of managing PBG, KH pals can refer to Article 253 paragraph (5) of Government Regulation Number 16 of 2021 concerning the Implementation Regulations of Law Number 28 of 2002 concerning Building Buildings which consists of a planning consultation and issuance process. Here is the explanation:
Planning Consultation
In the consultation process, the technical plan documents will be examined and approved. Based on article 253 paragraph (9) of GR 16/2021, the process includes:
- Registration
- Checking the fulfillment of technical standards, and
- Statement of fulfillment of technical standards
PBG Issuance
Based on Article 261 paragraph (1) of GR 16/2021, the issuance of PBG includes:
- Determination of regional retribution value
- Payment of regional retribution, and
- PBG Issuance
The issuance of this PBG is carried out by DPMPTSP. If it has been issued, the building owner can start construction. If you do not have PBG, you will be subject to administrative sanctions in the form of:
- Written warning
- Restriction of development activities
- Temporary or permanent suspension of development implementation work
- Temporary or permanent suspension of building utilization
- Suspension/revocation of building function certificate
- Building demolition order
Besides PBG, What are the Licensing Documents for Restaurant Business?
The restaurant, cafe, or food stall business, including Mie Gacoan, is one type of business that includes food services. Where the scope of activities is to provide food and beverage services that have gone through a processing process, so that they can be served directly at the place of business. Just like other types of businesses, this culinary business certainly requires licensing from the relevant agencies, so that during its operation it does not experience problems and obstacles like what happened to Mie Gacoan Bogor. Well, in addition to PBG, there are several other licensing or legality documents needed to run a restaurant business, including:
Have a Business Identification Number (NIB)
A Nomor Induk Berusaha (NIB) is an official identification from the Investment Coordinating Board (BKPM) that is required to set up and run a business in Indonesia. NIB shows that the restaurant business is registered and legally recognized by the government. To get a NIB, you need to register your restaurant business with BKPM or other related institutions in accordance with applicable regulations.
Establishment of a Business Entity
Business entity formation refers to the process of setting up a legal entity that will run your restaurant business. There are several types of business entities to choose from, such as individual companies (individual businesses), limited liability companies (PT), or cooperatives. Each type of business entity has different requirements and procedures for its formation. Usually, you need to draft a deed of establishment, provide supporting documents, and submit to the relevant agencies.
Trademark Registration
Trademark registration is important to protect the identity of your restaurant business. By registering a trademark, you gain exclusive rights to use the mark in your business operations and prohibit others from using similar marks that will cause consumer confusion.
READ ALSO: What is a Trademark and How to Register It?
Trademark registration is done with the Directorate General of Intellectual Property Rights (DJKI) at the Ministry of Law and Human Rights.
Tourism Business Registration Certificate (TDUP) for restaurants
Tanda Daftar Usaha Pariwisata (TDUP) is a special license required by restaurant businesses operating in the tourism sector. TDUP indicates that your restaurant meets certain requirements and standards set by the government related to hygiene, food safety, and operational feasibility. The TDUP registration process is done through the local One Stop Integrated Service (PTSP).
Halal Certificate
Halal Certificate is a document that shows that food and beverages served in restaurants meet halal requirements and standards in accordance with Islamic teachings.
READ ALSO: Halal Certificate, Its Benefits and Procedures
This certificate is important to attract Muslim customers who follow a halal diet and lifestyle. The process of obtaining a halal certificate involves an institution or authority authorized in halal certification in Indonesia, in this case the Indonesian Ulema Council (MUI)…
KH Contact
That’s a glimpse of the chronology of the sealing case of Mie Gacoan Bogor. From the explanation above, it can be concluded that business licensing plays an important role in the operational sustainability of a business. Not only that, with the fulfillment of these licensing documents, the business that KH Friend is running also has the opportunity to grow even more rapidly because it will facilitate access to capital financing. Do not let, instead of growing, the restaurant business that you run is actually dismissed due to the non-fulfillment of business licensing documents as happened with Mie Gacoan Bogor. For this reason, KH Buddy can utilize a Legal Contract that can help you take care of business licensing. You just need to focus on the development of your business, and Kontrak Hukum will help take care of all business licenses ranging from NIB, trademarks, establishment of business entities, to certificates and other documents. No need to worry, because your business data and information are guaranteed safe and the services offered are also very complete and affordable. Are you curious? Just visit the KH Services – Starting a Business page. If you still have questions, you can also conduct a free consultation with professional experts at Tanya KH or send a direct message (DM) to Instagram @kontrakhukum.
