REFORMASI SISTEM PERIZINAN BERBASIS RISIKO DAN IMPLIKASINYA TERHADAP KEPASTIAN HUKUM DI INDONESIA

Abstract

 The licensing system in Indonesia has undergone a fundamental transformation 
through Law Number 6 of 2023 concerning Job Creation, which introduced a risk-based 
licensing approach. This study analyzes the concept, implementation mechanisms, and 
implications of the risk-based licensing system for legal certainty in Indonesia. A normative 
legal research method was used, with both statutory and conceptual approaches. The results 
show that the risk-based licensing system classifies business activities into four risk levels 
with varying requirements, integrated within the OSS system to improve the ease of doing 
business. The implications for legal certainty are ambivalent: positive in the form of 
simplified procedures, standardized requirements, and increased predictability; but also 
creating uncertainty in risk assessment criteria, regulatory inconsistencies, a shift from 
preventive to repressive approaches, and weak oversight. Key challenges include regulatory 
harmonization, institutional capacity, compliance culture, and the balance between ease of 
doing business and protecting the public interest. The study recommends regulatory 
refinement, institutional strengthening, increased oversight, transparency, public 
participation, continuous evaluation, and a strengthened compliance culture to ensure legal 
certainty in the risk-based licensing system.