Search

Land is the most important element for humans to be able to live, this is because it is where natural and man-made resources grow and are also built. Indonesia regulates land ownership through this land law so that land use or management can be carried out carefully now and in the future. The land issue concerns the most basic rights of the people. The purpose of the study was to determine the consignment process in the District Court as a form of settlement of compensation for toll road land acquisition and its legal consequences. The results showed that the consignment process for compensation began with an application for consignment safekeeping, then an offer was made by the court bailiff accompanied by 2 (two) witnesses at the respondent's residence. The consignment waives the obligation as the debtor, because the consignment can be equated with making payments. All processes must be carried out in a manner that has been regulated by laws and regulations. Consignment is carried out so that government projects continue to run, through a deliberation mechanism that should be a means to find a middle way in determining the amount of compensation, often no agreement is reached. Keywords : Sumatra Toll Road, Consignment, Land Acquisition.

Purpose This study aims to investigate the government’s role in the development of toll road projects that adopt public-private partnership (PPP) schemes in Indonesia. In addition to investigating its role, this study also attempts to quantitatively assess its performance as the use of quantitative analysis in this area is still fairly limited. The analysis was developed from the perspectives of two main stakeholders involved: government and private sectors. The findings of this study are expected to help both government and private sectors to better understand the government’s role as well as its performance in PPP toll road projects in Indonesia. Design/methodology/approach The data was analysed by using statistical methods. Following the identification of the government’s role in PPP toll road projects from the literature, a preliminary survey involving 12 highway construction experts was conducted to verify the initial findings from the literature review. Subsequently, the authors conducted a survey of 146 respondents from both government and private sectors. To analyse the collected data, both descriptive and inferential statistics were used, which include analysis of means, analysis of reliability, as well as independent T-test. T-test was used to examine differences in perception between the two groups. Findings In total, 12 criteria from the literature were used to assess the government’s role and its performance in PPP toll road projects in Indonesia. Based on the analysis, the authors find that the government’s role in the development of PPP toll road projects can be considered moderate in its performance. In this respect, the author argue that, instead of focusing on meeting all the criteria, it would be better for government to focus on meeting only a number of them, which include realizing smooth land acquisition, selecting appropriate concessionaire, offering a solution to community protests over environmental issues, providing substantial government support, providing supervision, enforcing the law and eradicating corruption. The results of this study provide valuable information for international parties aiming to participate in PPP toll road projects in Indonesia, considering this country has been offering a wide opportunity for private sectors to be involved in developing infrastructure. Meanwhile, for the host government, the findings can be used as the basis for conducting improvements to attract private sectors’ involvement and to achieve more successful upcoming PPP toll road projects in Indonesia. Research limitations/implications The findings of this study might provide valuable information for the host government to evaluate its role and performance to achieve more successful PPP toll road projects in the future. Rather than focusing on all attributes, the improvements can be made by focusing only on the critical ones: those ranked high on the importance and low on its performance. In addition, this finding can also help private sectors to better understand both the role and performance of government in Indonesia as this country offers a great opportunity for infrastructure investment through PPP schemes. Practical implications The findings of this study might provide valuable information for the host government to evaluate its role and performance to achieve more successful PPP toll road projects in the future. Rather than focusing on all attributes, the improvements can be made by focusing only on the critical ones: those ranked high on the importance and low on its performance. In addition, this finding can also help private sectors to better understand both the role and performance of government in Indonesia as this country offers a great opportunity for infrastructure investment through PPP schemes. Social implications Text. Originality/value This paper contributes to the body of knowledge on the criteria to assess the government’s role performance in the Indonesian PPP toll road projects. Whilst there is still limited research has been conducted regarding the government’s role in the PPP toll road projects in Indonesia, this study presented the criteria of the government’s role and showed how to assess and evaluate the host government’s performance based on these criteria in a more objective approach using quantitative method. This result can be used as the basis for improvements to achieve a more successful PPP toll road project in Indonesia and might be in other similar developing countries.

Despite strong interest in toll finance, the process of decision making and revenue allocation is not well understood. This study examined toll road data over 10 years, to understand how revenue was spent, and whether there were differences by governance structure. A representative sample of 60 toll roads across 20 US states was catalogued, selected based on their governance structure, centerline miles, and rate of toll increase since 2007. Archival sources were examined to identify whether/how much tolls had increased/decreased, and the question of how governance methods affected spending outcomes was addressed through interviews with staff and elected officials from four toll road authorities. The study found strong incentives toward profit in private and public–private partnership roads, but weak incentives to encourage transparency. The study identified barriers to using revenue toward expenditures intended to soften the impact of toll increases on low-income populations. This was because of debt covenants and incentives to distribute money toward new projects within an agency’s outer boundaries, thus failing to address the equity concerns that hamper public confidence in tolls as a revenue source. Nesting a toll road within a multimodal transportation authority could mitigate this, providing incentives to subsidize public transit, and taxing powers that make debt less necessary—an institutional design which could mitigate equity concerns that have hampered public acceptance of tolls as a revenue source.

The focus of the paper is on toll road privatisation. An overview of the choice of privatisation and the form it took, in promoting the entry of Malays into business, is followed by a review of other studies on privatisation in Malaysia. Given the highly confidential nature of the privatised concessions, data on ownership and likely terms have been gleaned from rating of the bonds issued, as the bond market has been the key source of infrastructure financing. From such data, the dominance of the Malay managerial class over its business class is readily evident, especially after the Asian financial crisis (AFC). The likely impact of toll road privatisation on the stance of distribution is also examined. As concessions are still awarded on a negotiated basis, the issue of rent-seeking is also explored. Uncertainty and variability in the financial performance of the concessionaires can be seen from the spread and deterioration in credit of the issuers, attesting to the greenfield nature of the projects undertaken or due to differences in gearing or in the support and subsidy enjoyed from the government. The separation in ownership and control, either due to continued ownership by state-owned enterprises (SOEs) or widely held public listed companies (PLCs), has increased the risk of expropriation by those who exercise management control.

In investing, there is definitely a risk, as well as the concession of toll roads. Risk analysis is used to anticipate losses due to an element of risk at each investment stage. The results of the analysis show that the highest risk probability for the Solo-Ngawi toll road is land availability and the influence of weather during development and the highest risk impacts are land availability, the potential for revolution in state governance. Based on the results of the analysis, the investment risk level of the Ngawi Solo Toll Road is included in the moderate risk category, so there is a need for cooperation in risk assurance by the Insurance Agency so that the risk level can be reduced to be lower than before.

This research aims to discuss a large amount of credit lending is in line with the potential risk to the environment which is also caused by Toll Road construction activities. Therefore, Banks, Development, and the environment cannot be separated from one to another mainly because the Bank is responsible for taking preventive steps, other than implementing the substance of 5C principles, Bank is also obliged to implement several principles mentioned in POJK 51/2017, one of which is Principle for Responsible Investment. However, there are still no standards for the implementation of these principles or any strict penalties for Banks that are not applying the principle. This creates legal uncertainty, as it causes a potential risk that the Bank indirectly has not any obligation to implement it, yet only as a form of recommendation, whereas on the other hand, infrastructure development still damages the environment as it happened at the construction of Trans Sumatra Toll Road. In contrast to what Indonesia has done, Australia uses a variety of strategies to implement the Principle for Responsible Investment. In line with this issue, this research is using the normative legal research method where it is expected to provide different perspectives that will be useful for maximizing the realization of the Principles for Responsible Investment as part of Sustainable Finance in credit lending practices for Infrastructure development projects. Thus, it aims to make more detailed legal reforms, primarily regarding the standardization and sanctions of Principles for Responsible Investment including its derivative regulations hence that a sustainable environment will be realized.

Serpong - Cinere Toll Road which is being built has a 10.14 km long road that connects South Tengerang City Banten Province with Depok City West Java Province is part of the Jakarta Outer Ring Toll Road 2, which is expected to make it easier for motorists from Jabodetabek which will go to the Airport Soekarno-Hatta International and Jakarta or vice versa. Serpong - Cinere toll road development in its implementation is also possible to carry risks that must be taken seriously. This is related to the impact of risks that arise that can hinder and harm the project implementers in terms of cost, time, quality and scope of work. To minimize this risk, it is necessary to apply risk management in its implementation. Related to this, the study was conducted to find out the picture of risk management in the implementation of Serpong - Cinere toll road construction. This research used a descriptive qualitative research design with a case study method through a survey strategy using a questionnaire as a research instrument. After the results of the questionnaire are obtained, the next step is to arrange the importance level of risk to find out which risks have the most potential to hamper the process of carrying out the work. Furthermore, the Risk Breakdown Structure is analyzed based on the opinion of the respondents to find out what actions are taken to overcome the dominant risks which of course have a large influence on the completion of a job. The next step is the allocation of risk ownership, especially risks in the dominant category so that each party responsible can exercise the best control. The results showed that 40 risks (88.89%) of the 45 risks identified in the implementation of the Serpong - Cinere toll road construction project were included in the category of dominant risk that could potentially hamper work in terms of time, quality and cost. The largest risk ownership with the Serpong - Cinere toll road development project is owned by the Implementing Contractor at 59.38% risk, Owner at 31.25% and Supervisory Consultant at 9.38%.

The operation of a toll road typically involves an economic activity for which State aid rules apply. However, if the construction and operation of the road infrastructure is bundled and they are tendered out together, they usually fall outside the State aid regime. The reason for it lies in the fact that the use of competitive procurement procedures aim to increase the efficiency of public expenditure and to ensure a level playing field for private operators to compete for public contracts. Nevertheless, based on the European Commission’s decisional practice, it transpires that an economic advantage for a concession holder cannot be ruled out automatically, in particular when there are amendments made to the original agreement. On the example of the Autostrada Wielkopolska S.A. case, critical State aid issues are discussed, among others, the application of State aid rules to public financing of infrastructure, the amendments made to a concession contract in the light of the risk assignment problem, as well as the existence of State aid in the form of overcompensation for a concession holder. The considerations are carried out on the canvas of a concrete case; however, they are enriched by the analysis of relevant legal provisions as well as conclusions from the EU courts and the European Commission decisions made in similar cases.

Most studies assume that road development will improve the economy in the region, as reflected by an increase in Gross Domestic Product (GDP). However, GDP is macro in nature and tends to be biased if we ask who benefits from its increase. To identify whether road development has a positive correlation with the improvement of local economy, hence this study was conducted in a micro context by taking the development of the Soroja Toll Road in Indonesia as a case study. With a length of 10.57 km, connecting Bandung Regency and Bandung City, the newly constructed Soroja Toll Road has a strategic function in supporting activities in the Bandung Metropolitan Area (BMA) and is predicted giving implication on increasing Small and Medium Enterprises (SMEs) profit surrounding its corridor. However, a toll road cannot entirely be seen as a public goods, because not all people have access to this type of infrastructure. Only the users of four-wheeled vehicles and those who can afford to pay the toll charge can access the toll road. This study was aimed at identifying the correlation between the developments of the Soroja Toll Road with the improvement of local economy (SMEs) in its surrounding areas. Based on the analysis result, this study indicates that the presence of the Soroja Toll Road had a bigger positive correlation with the increased profit of medium-sized industries than small-sized industries due to their ability to capture a broader market.

In Indonesia, public–private partnerships (PPPs) schemes have been attracting a lot of attention to meet the huge demand for infrastructure developments. However, their applications are still limited and the financial close of a project tends to be behind the planned schedule. This research therefore aims to investigate the critical success factors (CSFs) causing fast/slow progress in the processes toward the financial close of PPPs toll road projects in Indonesia. The results revealed that, to realize smoother delivery of PPPs toll road projects in Indonesia to the financial close in the future, it is important to improve coordination among the related stakeholders especially between the central and local governments, though the other CSFs are currently well developed. The research also found an issue that should be addressed from a sustainability viewpoint, namely that the government highly depends on state-owned companies (SOEs) for a timely financial close of PPPs toll road projects.

The literature on public-private partnership (PPP) agreements suggests that variation renegotiation places the public sector authority at a disadvantage, because the authority has to pay ex...

Public-Private Partnership (PPP) is adopted globally in the development of toll road infrastructure projects, and in Vietnam, there is no exception. Within this project delivery, to mitigate revenue-based risk, the public sector authority offers a guarantee or subsidy, as a form of the financial agreement, to the private sector concessionaire. The recent literature provides a great deal of study on introducing managerial flexibilities, embedded with Real Options, in such financial agreements. Those financial agreements that reflect how risk-sharing mechanisms between the two parties, the authority and the concessionaire, can be classified into two groups: one-sided protection and two-sided protection. One-sided revenue protection provides revenue protections to either party to cope with fluctuating revenue, while two-sided revenue protection combines both minimum revenue guarantee and revenue cap to create a band of revenue that benefits both parties. Each of the above protection scenarios is discussed in independent research. The literature lacks a comprehensive review covering all revenue guarantee options available in PPP toll road projects. This paper thus summaries all existing revenue-related guarantee options available in the worldwide literature and analyses international experiences that provide potentials and valuable lessons for developing road infrastructure in Vietnam.

Toll roads are believed to have a high ability to attract private investment since they are able to recover directly the costs of their operation and construction through toll charges. However, toll road development can only be attractive to investors and lenders if the long-term sustainability is achieved. This paper identifies and discusses various issues that government and project developers have to deal with from selected case studies. The seven selected toll road projects are priority sections of the National Trunk Highway System (NTHS) and located in strategic provinces in China. The issues examined are related to policy support, regional development, the fund-raising model, project development and the financial structure. This study reveals critical success factors to achieve sustainable toll road projects in the planning stage and to control and enhance the financial sustainability in the executing stage.

The purpose of this research is to assess the impact of the commissioned toll road running through the city’s residential areas on the market value of residential real estate. The article presents a review of non-traditional methods for assessing real estate value, mainly in foreign publications. The Western High-Speed Diameter (WHSD) is the most significant transport and infrastructure project of the current decade for St. Petersburg. The most inaccessible part of the city on Vasilievsky Island was analyzed, as the example of new and secondary real estate value changes, were examined from August 2015 to December 2017, by the time when the new transport interchange of WHSD in the western part of the island was constructed and put into commission. For the study, the authors used the data of the Real Estate Bulletin of St. Petersburg at the end of 2015 and 2017, the data of the cadastral assessment of residential real estate of St. Petersburg of 01.01.2015 and 01.01.2018. Main research method is the study of two-dimensional and conditional distributions of random values of bid prices and cadastral values, which allows obtaining estimates of the market value of the real estate that has passed cadastral registration, and estimates of growth rates. The comparison of prices of offers with cadastral values applied in the article, with a simple and natural speculation of logarithmically normal distribution, allows us to propose a method of assessing the market value for any property, even if the information about it is not available in the market data. The obtained numerical results showed a rise in the cost of a significant part of the mass-market for the study period up to 18% without discount on the auction, and up to 9% taking into account the discount on the auction. It turned out to be slightly higher than the general change in the prices of proposals that can be found in advertising publications. A significant change (from 50% to 73%) was found in business-class properties, located in the area with significantly changed species characteristics and improved transport accessibility, in the immediate vicinity of the exit from WHSD. The results, indicating the growth of market value, allowed us to make a general conclusion about the changes in the attractiveness of the area for different segments of the population of the city: both for the mobile middle class, focused on the mass-market, and for buyers of the premium segment, having increased requirements for the real estate. The authors believe that the growth of the market value of real estate in the area of transport interchanges of modern infrastructure projects could be higher in other macroeconomic conditions. At present, the effective demand of the population is obviously not sufficient.

One of the efforts to maintain and enhance the economic growth of a region is supported by the existence of infrastructure development. Infrastructure development in the form of a toll road could increase the potential for the development of the economy of the region through improved the smooth flow of goods and services. Toll road construction project Krian– Legundi – Bunder – Manyar areas is one of national strategic Project (PSN) that are in the shadow of the State Ministry of Public Works and Public Housing (PUPR) with PT. Waskita Bumi Wira as the initiator. The research method used is descriptive qualitative, i.e. by doing observation and interviews with related parties on the project construction of KLBM toll road. The results of this study are: (i) the forms of cooperation carried out in the construction of KLBM toll roads, is Build Operate Transfer (BOT); (ii) the process of acquiring the land in KLBM toll road development projects are the responsibility of PT WBW assisted by PPK Land Procurement and BPN Sidoarjo and Gresik Regency; (iii) Proceedings reversion bailouts land is done through examination by the BPKP and then verified by the LMAN and the value of payments carried out as stated in the agreement.

The aim of this article is to provide an overview of the economic problems of toll roads and to suggest solutions to those problems. The major difficulty to be confronted is that of ‘unscrambling the egg’, that is, of dealing with the complications created by past policy mistakes, which have been locked in through long-term toll road contracts.

Until now, the slow process of land acquisition in toll road infrastructure development projects is still one of the obstacles to the completion of a infrastructure development project. The delay in the land acquisition process is detrimental to parties involved in PPP, especially investors. This study uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques are carried out by means of literature study to obtain secondary data and interviews to obtain primary data, then the data obtained is analyzed using qualitative juridical methods, namely by taking inventory, systematically arranging, connecting with each other related to the problems studied with the enactment of the provisions of the regulations. one does not conflict with other regulations. The result of this research is a form of responsibility from the Government due to delays in land acquisition, namely compensation in the form of extension of the concession period on a toll road project with a PPP scheme, and consideration of additional initial tariffs on toll roads based on inflation, capital, construction time and increase. the concession period and also the imposition of fines in a business contract, and the last resort for resolving disputes over the PPP agreement through non-litigation or arbitration institutions based on Presidential Regulation Number 38 of 2015. DOI: https://doi.org/10.26905/idjch.v12i1.4337 . How to cite item: Aulia, D. Z., Chandrawulan, AA., Trisnamansyah P. (2021). Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in landa cquisitions. Jurnal Cakrawala Hukum , 12(1), 21-31.doi:10.26905/idjch.v12i1. 4337.

After the BOT road operation contract expires, generally, the road will be transferred to the government, and then the government operates the road independently without charging costs from its users. Facing the huge amount of the operation cost, Chinese government tends to continue to charge the road users to guarantee the high quality of road operation. Then, the government will have to decide whether a private firm or government itself would be suitable to operate the road. A model is presented for decision-making through balancing interests between the government and the private firm with an introduction of an intermediate variable, i.e., bidding price. Three scenarios are investigated in the model, including the optimization of government operation, the optimization of private firm operation, and government operation with an improper decision of the intermediate variable. Improper intermediate variable will result in a higher toll charged by the government than by a private firm. The method of avoiding an improper decision is investigated. The result shows that the intermediate variable should be determined to be the government operation cost, based on which the private operator could be chosen, if available. With consideration of the private operator’s profit to be guaranteed by the government, the maximum subsidy should be equal to the minimum private operator’s profit to be disclosed when the contract is signed.

Infrastructure has been discovered to be the backbone of an economy due to its influence on business and productivity. However, a significant investment funding gap was observed in infrastr...

The government is increasing the development of toll road infrastructure to improve connectivity between regions in the context of economic growth. But the government faces limited funding. Therefore, the government made a PPP scheme to fill the financial gap. But what happened was the existence of toll road PPP obstacles in various regions in Indonesia. Multiple studies have identified the success of toll road PPP, but cultural factors have never discussed as factors that have an essential role in determining the success of PPP. Cultural factors play a role in determining behavior in making decisions. Therefore, this study proposes a conceptual framework of the part of cultural factors in determining the success of toll road PPP with the AHP approach.

This chapter presents a case study of the Maputo Corridor toll road concession, linking South Africa with neighboring Mozambique. As the first cross-border transport PPP in SSA, this project is the first PPP in the region with a claim to the kind of “transformational” qualities that the G20 and the African Union have been hoping will dramatically improve infrastructure across the continent. The continent includes many landlocked countries as well as countries that are too small and poor to be able to finance adequate power and transport infrastructure without the collaboration of neighbors. However, this project is still the only cross-border toll road concession ever completed in SSA. Why have no similar projects ever been completed in Africa? What makes the Maputo toll road a unique project? What lessons can we learn from the Maputo project about the likely success of cross-border transformational PPPs in SSA?

Public–private partnership (PPP) toll road projects are widespread around the world. However, it is difficult to predict traffic demand and cost accurately, which may lead to high profit ri...

Prior to the decision of the Government to opt for PPP (Public Private Partnership) for the procurement scheme of a public infrastructure project, it is necessary to conduct the Value for Money (VfM) analysis. VfM is defined by Moralos and Amekudzi (2008) as the optimum combination of all costs during the life cycle and the quality with the objective to meet the demand of users. According to Pangeran (2010), VfM has only been used in a few cases where the conventional methods, which does not take into account the risks of the project and only focus on the financial side, is more prevalent. Such test using conventional methods may risk on the non-optimal impact on the benefits of public procurement projects. In the context of procurement schemes for infrastructure projects in Indonesia, the Government has decided to use the BUMN (State-Owned Enterprise) assignment scheme to undertake the Trans Sumatera toll road project as mandated in the Perpres (Presidential Decree) no.100/2014. This paper will review the VfM test for Palembang Indralaya Toll Road (which is a section of the grand Trans Sumatra toll road) where the optimal VfM at 46% is generated at the BUMN assignment scheme higher than the PPP or APBN (State Budget) option.

Research on risk management in Public Private Partnerships (PPPs) has largely overlooked that the Special Purpose Vehicle (SPV) is made up of several project partners with different interests and objectives to manage risk. This paper makes an important contribution to this literature as it articulates SPV partners’ perceptions of how they manage risk in toll road PPPs. Our case studies show that the different skillsets of both the international and domestic partners with their sub-contractors provide opportunities for mitigating and managing risk but also pose potential problems in terms of measuring and obtaining value for money for taxpayers.

There is a growing concern amongst both developing and developed countries concerning the potential impact of Investor-State Dispute Settlement (ISDS) awards on the ability of a government to act in the best interest of its citizens. ISDS clauses are included in Bilateral Investment Treaties (BITs) and increasingly, but not always, in Free Trade Agreements (FTAs). The potential impacts on the ISDS clauses may considerable and affect the decision-making ability of the government. Unfortunately, the government officers making those decisions may not be aware of the potential conflict with the requirements of a BIT or FTA. This paper focuses on the litigation between Walter Bau AG (in liquidation) and the Government of Thailand in relation to a concession agreement to design, construct, operate and maintain the Don Muang Tollway in Bangkok. Walter Bau alleged the lack of Fair and Equitable Treatment (FET) in relation to its investment due to the Thai government reducing tolls; continuing to improve roads in the vicinity of the toll road thus affecting traffic volumes and subsequently closing the Bangkok International Airport at Don Muang. Arbitral proceedings were conducted in Switzerland and resulted in a significant award to Walter Bau which was unsuccessfully challenged by Thailand. It describes the circumstances that led to the government’s actions and the lessons that have been learnt from them. It also discusses how these issues have been addressed in Investor State Dispute Settlement in recent Free Trade Agreements entered into by Thailand and its trading partners, including Australia. Walter Bau provides a significant lesson for government’s developing Public Private Partnership (PPP) projects which can have multiple investors at both the construction and operations stages. These investors are often foreign companies who have no other interest other than the return on capital from their investment.Keywords: Innovation, Creativity, Business Producer, Diamond Model, Communication

In greenfield toll-road projects, financial sustainability has been a major issue. Many toll roads cannot be operated. Although most of Indonesia's 24 toll road concessions have already been signed by the Toll Road Authority, most of them were caused by financing problems. Three problems have been identified as potential sources of this unsustainability, such as the uncertainty of long-term project revenues, budget constraints provided by the government, and inadequate government support for land acquisitions. This paper aims to investigate the state-of-the-art innovative financing models recently introduced to address financial problems by using a desk study and meta-analysis. The findings are an earmarked tax revenue system, deep discount bonds, take-out financing, tax increment financing, land leases, deferred debts, and private donations.

This research has been conducting before and during the Covid 19 pandemic and aims to test the effect of the Return on Equity (ROE) to the Price Book Value (PBV) of toll road subsector’s companies, airports, and the like on the Indonesian Stock Exchange (ISE) for 6 years in Indonesia. This type of research uses quantitative research and is equipped with verification with an explanatory survey method. The sampling method used a purposive. It took from five sample companies. Data analysis in this study used panel data regression with the results: The results of this study indicate that ROE has a strong effect on firm value.

This study has purpose to determine the certainty of return on investment in the toll road concession agreements due to the replacement of land procurement for toll road by using the bailout funds of toll road business entities. This study was conducted by using a normative legal research with a comparative approach. The data used in this study were secondary data. The data collection technique in this study was done through literature study. The data were analyzed by using deductive legal material analysis techniques. From the results of the research and studies, it was found that the use of bailouts fund from the toll road business entities was ineffective and there were still some obstacles in its implementation.

Indonesia has serious traffic jams. This study uses data from 19 Indonesian toll roads over 2008–2015 to calculate the effects of Indonesia’s historic recent fuel subsidy reforms on motor vehicle travel. The timing of the reforms was determined by budgetary and political factors, providing a suitable setting for estimating a causal effect. We control for a broad set of other factors potentially influencing traffic flows. Estimates using monthly data suggest an immediate fuel price elasticity of motor vehicle flows on the roads in our study of –0.1, increasing to –0.2 when responses over a year are considered. We estimate that Indonesia’s fuel subsidy reforms of 2013 and 2014 had reduced traffic pressure on these roads in the second half of 2015 by around 10% relative to the counterfactual without reform. A move to an adequate fuel excise system could contribute to more free-flowing traffic, while generating revenue for infrastructure and other investment.

The uncertainty associated with future traffic levels in Build–Operate–Transfer toll road projects lead to difficulties in obtaining finance and thus to unsuccessful bids. In order to increase the ...

In the past fifteen years, Public Private Partnerships (PPPs) have emerged as the preferred procurement method for toll road construction and management in developed economies. In Australia, seven of eight new toll roads implemented since 2003 were commissioned as PPP projects. Unlike traditional procurement methods, PPPs involve higher levels of risk for private firms, who rely on bank loans for up to 85% of development funding. This study undertakes a comparative review of the financing of six of these projects of which two were financed after the global financial crisis of 2008. The review considers matters such as capital formation and structure, risk allocation, loan tenors, and the organisation of equity. Common characteristics are also identified including the use of short-term bank debt, reform of State PPP policy, forecasting error and the financial failure of projects, and changes in risk allocation over the 10 years of the survey. With one exception, projects were delivered on, or ahead of budget, and on time. However, two projects experienced financial failure and substantial loss of asset value. Moreover, a further project traded for nine years before it was sold at less than half of its original construction cost. The paper identifies lessons learnt from recent toll road experience in Australia and recent policy reforms particularly in the area of risk allocation are examined.

The background of this research is the existence of massive infrastructure development by the government, one of which is the construction of the Surabaya-Mojokerto Toll Road. The construction process of the Surabaya-Mojokerto Toll Road passes through the land and buildings owned by residents, and including to waqf land. One of the waqf land affected by the construction process of the Surabaya-Mojokerto Toll Road is the Sabilun Najah Mosque. This phenomenon encourages researchers to raise research that discusses how the waqf istibdal process, both in terms of changes in waqf assets and in the administration process of licensing. This study uses a qualitative approach with a case study strategy. Data collection is done through interview techniques with relevant parties and related documents. The data analysis technique used is making explanations. The results of this study indicate that the process of changing the waqf assets of the Sabilun Najah Mosque runs in accordance with statutory procedures. The waqf istibdal process consists of the process of changing the waqf property and the licensing administrative process. The process of changing waqf property consists of planning, implementation, coordination between toll management and nazir, searching for replacement land, replacing land replacement processes, and the process of building a new mosque. The second process consists of a licensing process that starts from nazir, the Office of the Ministry of Religion Sidoarjo Regency, and the Regional Office of the Ministry of Religion of East Java.Keywords: implementation, waqf, waqf istibdal, mosque, land acquisition, toll road, Surabaya-Mojokerto Toll RoadREFFERENCESAlquran Kementerian Agama RepublikIndonesiaDirektorat Pemberdayaan Wakaf DirektoratJenderal Bimbingan Masyarakat IslamDepartemen Agama. Fiqih Wakaf.Direktorat Pemberdayaan Wakaf. 2007.Paradigma Baru Wakaf di Indonesia,Cet 1. Jakarta: Dirjen Bimas IslamDirektorat Pengembangan Zakat dan Wakaf.2005. Wakaf Tunai dalam PerspektifHukum Islam. Jakarta: TPHalim, Abdul. M.A. 2005. Hukum Perwakafandi Indonesia. Jakarta: Ciputat Press.Kahf, Monzer. 2006. al-Waqf al-IslamiTaṣawwuruhu, Idaratuhu,Tanmiyatuhu. Damaskus: Dar al-FikrKarim, Shamsiah Bte Abdul. 2010.Contemporary of Shari’a ComplianceStructuring for the Development andManagement of Waqf Asset inAchmad, et al/Jurnal Ekonomi Syariah Teori dan Terapan Vol. 6 No. 9 September 2019: 1924-1935;IMPLEMENTASI WAKAF ISTIBDAL DALAM PEMBEBASAN LAHAN PEMBANGUNAN JALAN TOL (STUDIKASUS PEMBANGUNAN JALAN TOL SURABAYA-MOJOKERTO)10Singapore. Kyoto Bulletin of IslamicArea Studies pp. 143–164.Mugniyah, Muhammad Jawad. 2010. FiqhLima Madzhab: Ja’fari, Hanafi, Syafi’i,Hambali. Jakarta: Lentera.Mukhlisin, Muzarie. 2010. Hukum Perwakafandan Implikasinya TerhadapKesejateraan Umat (ImplementasiWakaf di Pondok Modern DarussalamGontor) cet 1. Jakarta: KementerianAgamaPeraturan Pemerintah Nomor 42 Tahun 2006tentang Pelaksanaan Undang-UndangNomor 41 Tahun 2004 tentang Wakafdan Kompilasi Hukum IslamPeraturan Pemerintah Republik Indonesia No.8 Tahun 1990 Tentang Jalan TolPeraturan Pemerintah Republik IndonesiaNomor 25 Tahun 2018 tentangPerubahan Atas PeraturanPemerintah Nomor 42 Tahun 2006Tentang Pelaksanaan Undang-Undang Nomor 41 Tahun 2004Tentang Wakaf Dalam Undang-Undang Nomor 41 Tahun 2004tentang WakafSugiyono. 2012. Metode Penelitian KuantitatifKualitatif dan R&D. Bandung:Alfabeta.Undang-Undang Nomor 26 Tahun 2007Tentang Penataan Ruang.Undang-Undang Nomor 41 Tahun 2004tentang WakafWirartha, I Made. 2006. Metodologi PenetilianSosial Ekonomi. Yogyakarta: CV AndiOffset.Yin, Robert. K. 2009. Studi Kasus; Desain danMetode. Jakarta: Raja GrafindoPersada.bpjt.pu.go.id/ (laman Badan Pengatur JalanTol)www.jasamarga.com (laman Jasa Marga)https://bwi.or.id/ (laman Badan WakafIndonesia)https://katadata.co.id/ (laman perusahaanmedia dan riset berita ekonomi danbisnis)https://www.kpu.go.id/ (laman KomisiPemilihan Umum Republik Indonesia)

Public-private partnerships (PPPs) are widely used to achieve sustainable infrastructure provision. The purpose of this research is to monitor the effects of PPPs in practice. This study calculated the operational efficiency of toll roads in Mainland China and examined the effect of the transformation from government operations to concession on their operational efficiency. The results showed that toll road operations were inefficient in terms of cost savings and that there were significant regional differences in the impact of concession on operational efficiency among three regions. Concession played a positive role in improving the operational efficiency in the eastern region; on the contrary, the influence was significantly negative in the western region. The effect on the central region was not significant. The results indicated that the efficiency advantages of concession were not given full play. The governments of economies in transition should pay more attention to the implementation environment of PPPs to make infrastructure operations more sustainable.

Data on traffic accidents collected by Sumedang Regional Police in 2014 as well as from daily observations provide an illustration that the level of traffic safety and the level of public compliance with traffic laws and regulations is very alarming, this is if strategic steps are not taken to improve the level of safety and improvement of community legal compliance will not only cause loss of life, but will also cause economic losses. So to realize legal certainty in traffic, Law Number 22 of 2009 concerning Traffic and Road Transportation Article 235 was formed.The two factors that influence the implementation of Law Number 22 Year 2009 include: (1). External factors such as substantive legal substance, lack of personnel and many personnel violating professional discipline and ethics, limited police facilities and infrastructure, changes and developments in Sumedang Regency. (2). Internal factors such as the Sumedang Regional Police made an effort to propose to revise the Traffic Law, increase the number of personnel, budget support had been allocated up to the police station level, build a toll road, conduct morning malls, and grow public legal awareness.The results of the study concluded that the enforcement of traffic law at the Sumedang Regional Police Station had not been fully implemented and was not effective enough. Because the responsibility of traffic accidents is not based on Article 235 of Law Number 22 Year 2009 concerning Traffic and Road Transportation and the high number of traffic accidents in Sumedang Regency.

This paper will treat how to avoid emergence situations of landslides. This issue started 12 years ago in Brazil and is not yet finished, but after some years of insisting in preventive actions it became possible to change the hopeless traditional reconstruction work of ruptured slopes. The breaking of a vicious circle where money never was affordable but waste to cover accidents! A strategy of methodical inspection and documentation of slopes was introduced at some toll road companies, finally reaching about 2000 km motorway in the federal state of Sao Paulo. Draining and covering slope surface by plants showed soon up as very important issues, frequently treated with ignorance. The final success came when we introduced simple and practical recuperating projects, fast and efficient, instead of the time consume designs delayed by slow bureaucracy and inflexible standards. Successful solutions can be surprisingly simples and cheap.

This paper aims to explore qualitatively the concept of implementing public policy in infrastructure development in the Municipality of Surabaya. That the number of roads in Surabaya is not balanced with the increase in the number of vehicles. For this reason, the central government proposed the construction of a mid-city toll road, but the Surabaya Municipality Government refused because the construction of the city toll road was considered unable to solve the Surabaya traffic problem, namely congestion. So that the Surabaya Municipality Government still wants to build infrastructure, namely the frontage road, on the east and west of Ahmad Yani frontage road. The construction of the frontage road, it has reduced traffic congestion on Ahmad Yani frontage road, especially around Wonokromo and East Java Province Logistics Agency. The construction of Ahmad Yani frontage road is also a form of innovation in the implementation of public policy because so far the regional government has always followed what was suggested by the central government. In the next development, Surabaya Municipality not only built a frontage road, it was only limited to road Ahmad Yani, because in the future it was expected to connect to the road in the Sidoarjo Regency.

Recent publications have shown the role that options play in addressing the uncertainty, risk, and fairness in public–private partnership (PPP or P3) agreements in toll road projects. Typic...

In mining exploitation in Indonesia, every business actor is required to have a Mining Business License prior to carrying out such mining activities and / or businesses. This permit can be obtained from the government, because a permit is a one-sided government act based on statutory regulations to be applied to concrete events according to certain procedures and conditions. However, in fact there are many mining business actors who carry out mining activities without obtaining a permit, so the author is interested in knowing the factors that cause illegal mining to occur. And the research method used in this writing is using the juridical-normative method, where the data collection techniques are researched through literature studies, law books, and other literature. In addition, the authors also use primary data, namely by conducting interviews with parties who are aware of the illegal mining case. The factor that led to illegal mining excavation in Sukatani Subdistrict, Purwakarta Regency, was the demand for a national project for the Jakarta - Cikampek Toll Road, so this project was used as a justification for mining entrepreneurs to carry out mining activities without having an official permit from the government.

Insurance comes from the word vezekering which means coverage. The person who is covered is called vezekerde and the insurance company is called verzekeraar. Initially, insurance has to manage, transfer or share risks, along with economic development and development developments in various sectors in the fields of industry, economy, infrastructure and technology, causing more problems to occur, especially problems regarding legal protection for the community, along with developments in the field of infrastructure development, for example in toll road construction, so that legal protection for toll road users is urgently needed. Social insurance is social insurance established by the Indonesian government based on statutory regulations, when viewed from the social insurance legal products that have been issued in Indonesia, it can be seen that social insurance programs are generally known, one of which is the Passenger Accident Social Insurance which is currently better known as Jasa Raharja. And to carry out coverage, the Indonesian government appointed PT Asuransi Jasa Raharja to manage and distribute compensation funds to traffic accident victims including traffic accident victims on the Jakarta-Cikampek toll road.

The PPP scheme is carried out in Indonesia to procure public infrastructure but is constrained by the government's limited funds. Risk assessment is very important for investors to do to find out the uncertainty that can occur in investing their funds in infrastructure. This study aims to assess the Risk of Feasibility on the X - Y Toll Road, where the location is part of the East Java Province economic development acceleration program by President Regulation number 80 of 2019. The assessment carried out includes risk analysis in the pre-construction, construction, and post-construction stage. The data used are primary data and secondary data. From the assessment results, it was found that most of the assessment points were categorized as medium risk, and there was a little high risk. Still, this project is very profitable because it will be able to synergize with the previously planned infrastructure. The X-Y toll road is still possible by paying attention to risk factors and complying with risk mitigation efforts. The toll road procurement scheme with Public-Private Partnership (PPP) already has a robust legal rule and has been guaranteed in terms of security, and this scheme is very potential to be implemented.