Recently, a viral case of mistreatment of a toddler from a celebrity named Aghnia Punjabi by a nanny who takes care of the child every day. The incident was shared by Aghnia through her Instagram account. Malang City Police Chief Commissioner Budi Hermanto revealed that the persecution occurred at Aghnia’s house, Perum Permata Jingga, Lowokwaru District, Malang City, Thursday (28/3/2024). The perpetrator with the initials IPS was arrested at his parents’ house in the Permata Jingga Housing Complex in Malang on Friday (29/3/2024) and immediately named as a suspect after being questioned. After being named as a suspect, it was recently discovered that the agency distributing the sisters, Val The Consultant Indonesia, was operating without a business license. How come? Check out the full explanation in the following article.
Foundation that distributes Aghnia’s child sisters does not have a license
As a result of the persecution case carried out by Nurse Indah alias IPS, the identity of the channeling agent has now been revealed. Apparently, the channeling agent named Yayasan Val The Consultant Indonesia does not have an operating license. This was revealed by the Secretary General of the Ministry of Manpower (Kemnaker), Anwar Sanusi, on Sunday (31/3/2024). He said that currently the foundation’s licensing process was declared incomplete. Anwar recounted the chronology of Val The Consultant Indonesia’s licensing application, which initially applied for a business license in the field of Domestic Worker Placement activity services (KBLI 78103). The license was verified in January 2024. The Ministry of Manpower team accompanied by representatives from the Surabaya City Industry and Manpower Office conducted field verification on February 28, 2024 to March 1, 2024. Based on the verification results, there are still document deficiencies that must be corrected, one of which is that the KBLI code 78103 has not been included in the Deed of Establishment. The license cannot be issued before the Deed of Establishment is amended. “As well as other documents that are not in accordance with applicable requirements. The license can be issued if the lack of documents can be completed,” Anwar continued. Whereas Val The Consultant Indonesia was established in 2012. The foundation is an authorized consulting service and professional recruitment management of childcare, domestic workers and drivers. For this case, Anwar said that his party would coordinate with related agencies.
Business License of Domestic Worker Distribution Institution
Currently, the main regulation related to the business licensing of domestic worker distribution agencies is regulated in the Minister of Manpower Regulation Number 6 of 2021 concerning the Determination of Business Activity and/or Product Standards in the Implementation of Risk-Based Business Licensing in the Manpower Sector (Permenaker 6/2021). Based on this regulation, it can be seen that the activities of this domestic worker distribution agency are classified as business activities with KBLI 78103 (Domestic Worker Placement Activities) with a medium-high risk level. Based on this KBLI, it can be seen that the main requirement for establishing a domestic worker distribution agency is to be a business entity (Page 37 Appendix I Permenaker 6/2021). For this reason, a domestic worker distribution agency must have a business form such as a Commanditaire Vennootschap (CV), Firm, or Limited Liability Company (PT).
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Furthermore, the business licenses required for the business operations of such domestic worker distribution agencies are:
- Business Identification Number (NIB); and
- Standard Certificate from Online Single Submission (OSS).
This is in accordance with Article 14 of Government Regulation No. 5 of 2021 concerning Risk-Based Business Licensing (PP 5/2021). Specifically for the Standard Certificate, this must be taken care of by business actors no later than 1 (one) year after the DW institution’s business operates.
What are the Sanctions for Not Complying with Business Licenses for Domestic Workers?
The Ministry of Manpower also has the authority to participate in monitoring the completeness of business licenses of each domestic worker distribution agency. In this case, domestic worker agencies that are found to be operating without a complete business license can be threatened with a number of administrative sanctions. This is explained in Minister of Manpower Regulation No. 2/2015 on the Protection of Domestic Workers. The provisions of the administrative sanctions in question can be in the form of:
- Written warning;
- Temporary suspension or part or all of the business activities; and/or
- License revocation;
- Administrative fines.
Therefore, it is important for every domestic worker distribution agency business to obtain the necessary business licenses before operating the business.
KH Contact
Do you want to set up a DW distribution agency but don’t know how to take care of the business license? Leave it to Kontrak Hukum. We are a one-stop-shop that has been trusted by thousands of businesses and companies in Indonesia in fulfilling the needs of business establishment, such as business entity and business licensing.
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Guaranteed safe and easy because it will be handled directly by experienced professionals so as to prevent your business from all forms of violations and disputes due to licensing in the future. For service information, please visit the KH Services – Starting a Business page. If you have further questions, just consult for free at Ask KH or via direct message (DM) to Instagram @kontrakhukum.
