THE INFLUENCE OF POSITIVE FICTITIOUS PRINCIPLES IN THE ISSUANCE OF BUSINESS LICENCES THROUGH THE ONLINE SINGLE SUBMISSION RISK BASED APPROACH SYSTEM (OSS-RBA)

Abstract

This study aims to analyze the mechanism of business issuance licenses issued on the OSS-RBA system and find answers to the extent which positive fictitious principles in the OSS-RBA system affect legality of business. This study uses empirical research, types and legal sources used in this study are primary data in the form of direct field research and secondary data. The method of collecting interview data, observation and literature review, the overall data were analyzed qualitatively and presented descriptively. The results shows that business licenses issued through the OSS-RBA system are determined based on analysis of the level of risk and scale of business that has been applied for. The classification of the risk level in question is the level of low risk, low intermediate risk, high intermediate risk level and high risk level in the form of NIB, standard certificate and/or license. In addition, the influence of positive fictitious principles on the OSS-RBA system does not affect the legality business because legality of business is determined based on an independent statement by business actor so that the issuance of licenses is still binding on them with the provisions of applicable laws and regulations.