Some time ago, the Lawson outlet located on Jalan Embong Surabaya was closed by the local Satpol PP. The closure was marked by the installation of a Satpol PP line seal, along the harmonica door of the international network cafe. This incident went viral and was even uploaded on the TikTok social media platform. The main cause of the sealing of Lawson outlets is known to be related to building licenses that are not in accordance with their designation. How come? What is the full chronology? And what exactly are the provisions regarding building permits for a business? So that you don’t experience a similar incident, let’s see the explanation below!
Chronology of Lawson Surabaya Sealing
The Lawson outlet, which has been operating since early April 2023, has been closed by Surabaya City Satpol PP since Wednesday (06/14/2023). Head of Satpol PP Eddy Christianto said that the closure was carried out at the request of assistance in controlling (Bantib), from the Public Housing and Settlement Area and Defense Office (DPRKPP) of Surabaya City. Eddy explained that the Lawson outlet was operating in a place that was not in accordance with the designation of the Building Construction Permit (IMB). Lawson obtained an IMB with the designation of shops and residential houses, but carried out business activities as a restaurant. This became a violation and resulted in problems that Lawson had to overcome. “The IMB is a residential house but the designation is as a place of business. This violates Regional Regulation No. 7/2009 on Building Permits. As long as it does not have an IMB for business, it cannot operate,” he said. Eddy added, Lawson outlets may resume business if they already have IMB according to their designation, namely as a place of business. Meanwhile, Deputy Chairman of Commission B DPRD Surabaya Anas Karno said, the case of Lawson Surabaya outlets is an example for business people in Surabaya to obey the rules. Anas explained that the business licensing process is already digital-based, making it easier, faster, and with transparent costs in accordance with the Regional Regulation.
What are the Building Permit Requirements for Businesses?
Please note, since the enactment of the Job Creation Law, the permit previously known as IMB has been changed to Building Approval (PBG). Where based on Article 24 number 34 of the Job Creation Law, PBG is a permit given to build, change, expand, reduce, and maintain buildings in accordance with applicable technical standards. Although PBG has replaced IMB, it is important to remember that the building must be in accordance with its designation. According to Article 4 paragraph (2) of Government Regulation No. 16 of 2021, PBG must adjust to the function of the building to be erected. Building functions can be residential, places of worship, business, social and cultural, special functions, or even mixed functions. A mismatch between the function of the building and the PBG owned can have serious consequences. Article 12 of PP No. 15 of 2021 states that the function of the building is not in accordance with the PBG owned, can be subject to sanctions in the form of license revocation to building demolition. Therefore, it is important for building owners such as Lawson to ensure that the licenses owned are in accordance with the functions carried out.
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.
Besides PBG, what are the licensing documents for café businesses?
The cafe and restaurant business, including Lawson, 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 Lawson Surabaya. 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.
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
A Halal Certificate is a document that shows that the food and beverages served in a restaurant meet halal requirements and standards in accordance with Islamic teachings. 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 Lawson Surabaya sealing case. 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.
READ ALSO: Everywhere, What’s the Secret Behind the Success of Mixue Franchise?
Do not let, instead of growing, the restaurant business that you run is actually dismissed because of the non-fulfillment of business licensing documents as happened with Lawson Surabaya. That’s why, KH Buddy can utilize Kontrak Hukum 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.
