Overview
Number of PPPs and Investment in PPPs
-
PPP Investment
$ 20,286 M -
Number of PPPs Reaching FC
135 -
Value of PPPs Reaching FC
$ 63,464 M
Revenue Model and Government Support to PPPs
-
Number of PPPs with Govt. Support
97 -
Number of User Charge PPPs
22 -
Number of Govt. Pay PPPs
64
PPPs under Preparation and Procurement
-
Number of PPPs under Preparation
20 -
Number of PPPs under Procurement
7
FC = financial closure, Govt. = government, M = million.
Sources: Government of Indonesia, Ministry of National Development Planning (BAPPENAS). 2019. Public–Private Partnership: Infrastructure Projects Plan in Indonesia 2019. Jakarta. https://library.pppknowledgelab.org/documents/5826/download; World Bank. Infrastructure Finance, PPPs and Guarantees. Country Snapshots: Indonesia. https://ppi.worldbank.org/en/snapshots/country/indonesia.
Considering the pivotal role of private participation in infrastructure development, the government has instituted a public–private partnership (PPP) scheme for developing infrastructure projects. It has also enacted a regulation dedicated to PPP implementation in Indonesia: Presidential Regulation No. 38 of 2015 on Cooperation between Government and Business Entity in Infrastructure Provision. This regulation complies with the Minister of National Development Planning/Head of National Development Planning Agency Regulation No. 4 of 2015, which is implemented by the Ministry of National Development Planning (BAPPENAS). The government has over the years been supporting the acceleration and improvement of the PPP processes.
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National Framework for Enabling PPPs
PPP Legal and Regulatory Framework
Does the country have - National PPP law and PPP regulations? Public financial management laws and regulations? Sector-specific laws and regulations? Procurement laws and regulations? Environmental laws and regulations? Laws and regulations for social compliance? Laws and regulations governing land acquisition and ownership? Taxation laws and regulations? Employment laws and regulations? Licensing requirements? What are the other components of the PPP legal and regulatory framework? Other key supporting components (elaborated below)include:- Ministry of National Development Planning/National Development Planning Agency, per Regulation No. 4 of 2015
- LKPP Regulation No. 19 of 2015
- LKPP Regulation No. 29 of 2018
- Yes
- No
LEARN MORENational Framework for Enabling PPPs
PPP Legal and Regulatory Framework
Evolution of the Legal and Regulatory Framework for PPPs in Indonesia
State-owned enterprises (SOEs) have been the key entities to participate in infrastructure projects under PPPs. The tepid level of participation by private firms, especially foreign investors, is a major challenge for PPP implementation in Indonesia. To overcome this problem, the government has implemented major regulatory reforms and established new agencies to support PPP formation since 2010. The PPP regulatory framework in Indonesia has undergone major refinements since it was first established in 1990 to address the challenges and changing needs of PPPs as well as the evolving business environment.1
- 1Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APECInfrastructure-Development-and-Investment-Indonesia.
MOF = Ministry of Finance.
Sources: Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APEC-Infrastructure-Development-and-Investment-Indonesia; Government of Indonesia, Ministry of National Development Planning (BAPPENAS). Public–Private Partnership: Infrastructure Projects Plan in Indonesia. Jakarta, Indonesia (3 years: 2015, 2017, and 2019).https://www.bappenas.go.id/files/PPP%20Book/PPP%20Book%202015.pdf, https://www.bappenas.go.id/files/9314/8767/3599/PPP_BOOK_2017.pdf, https://library.pppknowledgelab.org/documents/5826/download.
Presidential Regulation No. 67 of 2005, related to cooperation between government and business entities in the provision of infrastructure, was a key milestone in the development of a PPP regulatory framework in Indonesia. The framework continued to evolve, and the current PPP regulation, Presidential Regulation No. 38 of 2015, offers more incentives for private participation, especially in terms of government support schemes. The current regulatory framework offers three major improvements over the previous one: (i) the inclusion of social infrastructure; (ii) the provision of stronger government support through mechanisms such as the viability gap fund (VGF), project development facility (PDF), and availability payments; and (iii) funding provided by the government to acquire land for infrastructure projects.
Regulatory Framework for PPPs in Indonesia
There are several regulations that directly influence the PPP framework of the country. These include regulations on the operation of PPPs and regulations on the extension of government support measures to facilitate the operation of the PPPs.
Topic Regulations General regulations on PPPs -
Presidential Regulation No. 38 of 2015 on Cooperation on the Government and Business Entities on Infrastructure Provision
-
Ministry of National Development Planning/Head of National Development Planning Agency Regulation No. 4 of 2015 on Operational Guidelines for PPPs in Infrastructure Provision
-
Head of LKPP Regulation No. 19 of 2015 on Guidelines for the Procurement of Business Entities for PPPs Involved in Infrastructure Provision
-
LKPP Regulation No. 29 of 2018 on Guidelines for the Procurement of Business Entities for Solicited PPP Infrastructure Projects
Procedures for providing government support and guarantees Government Support -
Ministry of Finance Regulation No. 170 of 2018, regarding an Amendment to the Ministry of Finance Regulation No. 223 of 2012 (on viability gap funding)
-
Ministry of Finance Regulation No. 143 of 2013 on Guidelines for Providing Feasibility Support to PPP Projects
-
Ministry of Finance Regulation No. 170 of 2015 on Feasibility Support for Some Construction Costs for PPP Projects
-
Ministry of Finance Regulation No. 73 of 2018 on Project Development Facilities
Government Guarantee -
Presidential Regulation No. 78 of 2010 on Government Guarantees for PPP Infrastructure Projects
-
Ministry of Finance regulation No. 260 of 2010 on Government Guarantee, as amended by Ministry of Finance Regulation No. 8 of 2016
Regulation of Availability Payment -
Ministry of Finance Regulation No. 260 of 2016, as an amendment to Ministry of Finance Regulation No. 190 of 2015 on Availability Payments for PPP Infrastructure Projects
-
Ministry of Home Affairs Regulation No. 96 of 2016 on Availability Payments Sourced from the APBD or Availability Payments from the Regional Government Budget for PPP Infrastructure Projects
Regulations on PINA Presidential Regulation No. 20 of 2016 on the amendment of Presidential Regulation No. 66 of 2015 on the National Development Planning Agency
APBD = regional revenue and expenditure budget, LKPP = National Public Procurement Agency, PINA = Non-Government Budget Equity Financing.
Source: Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-andCapacity-Building-on-APEC-Infrastructure-Development-and-Investment-Indonesia.
LKPP = National Public Procurement Agency.
Source: Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-andCapacity-Building-on-APEC-Infrastructure-Development-and-Investment-Indonesia.
National Framework for Enabling PPPs
Types of PPPs
Service Contracts
Management Contracts
Affermage or Lease Contracts
Design-Bid-Build (DBB)
Design-Build (DB)
Build-Operate-Transfer (BOT)
Design-Build-Finance-Operate-Transfer (DBFOT)
Build-Own-Operate (BOO)
Concessions
Joint Venture
Hybrid Contracts
Others
1.Build-Own-Operate-Transfer (BOOT)
LEARN MORENational Framework for Enabling PPPs
Types of PPPs
Regulations in Indonesia do not define specific types of PPP contracts. However, PPPs can be differentiated based on the payment mechanism through which the private sector partner recovers its costs receives its profits. According to the Ministry of National Development Planning/Head of National Planning Agency Regulation No. 4 of 2015, there are three payment mechanisms through which the private sector partner can recover its costs and earn a reasonable return on its investments. These include the
- user fee, in which the main income of the special purpose vehicle (SPV) is based on user payments for the services and facilities, offered in form of tariffs;
- availability payment, in which the government makes an annual payment of an agreed amount as the SPV’s main income throughout the operation period (it essentially covers all costs—construction, operation and maintenance (O&M), financing, and statutory—and provides the returns for investors; this is a new model, introduced in the latest presidential regulation); and
- other forms, as long as they do not conflict with the legislation.
Based on the above, it could be construed that Indonesia allows for all standard forms of the PPPs, such as build–operate–transfer (BOT), build–own–operate–transfer (BOOT), build–operate–own (BOO), design–build–finance–operate–transfer (DBFOT), management contracts, annuity-based agreements, and O&M agreements.
National Framework for Enabling PPPs
Eligible Sectors for PPPs
Road Infrastructure
Main roads, Collector roads and local roads, Toll roads, Toll bridges
Rail and Mass Transit Infrastructure
Railway facilities, urban mass transportation
Waterways Infrastructure
Infrastructure for crossing at sea river or lake
Seaport Infrastructure
Port facilities and passengers and cargo terminal
Airport Infrastructure
Airports facilities
Logistics Infrastructure
Water Resources and Irrigation Infrastructure
Bulk water carrier pipelines, irrigation networks and water storage infrastructure including its supporting structures, among others reservoir, dam, and weir
Water Supply Infrastructure
Raw water unit, Production unit, Distribution unit
Wastewater Infrastructure
Centralized wastewater management systems including service unit, collection unit, processing unit, final disposal unit, water discharge pipeline, and sanitation Local water waste management system including local processing unit, transport unit, sludge treatment unit, final disposal unit, water discharge pipeline, and sanitation
Solid Waste Management Infrastructure
Transportation, Processing, Waste final processing
Telecommunication Infrastructure
Telecommunication network, passive infrastructure such as transmission media cable ducts
IT and Informatics Infrastructure
E-government infrastructure
Power Generation
Power generation facilities
Power Transmission and Sub-Transmission
Power transmission, and main sub-station facilities
Power Distribution
Power distribution facilities
Energy Conservation Infrastructure
Main road lighting, energy efficiency
Education Infrastructure
Learning facility, laboratory, training centre, research centre/study centre, research and development infrastructures, business incubator, learning gallery, student practice room, Library, learning and training supporting facility
Health Infrastructure
Hospital, such as hospital building, hospital infrastructure, and medical equipment, basic health service facility, such as building, infrastructure, and medical equipment whether for health centre or clinic, health laboratory, such as health laboratory building, health laboratory, infrastructure and laboratory equipment
Public Housing
Social housing, simple flat lease
Government Buildings
Penitentiary institution, community hall, detention house, confiscated goods storage and state confiscated goods, temporary child placement institution, child special development institution, penitentiary hospital Public markets Sport stadium/building, Art and culture building
LEARN MORENational Framework for Enabling PPPs
Eligible Sectors for PPPs
According to Article 5 of Presidential Regulation 38 of 2015, there are 19 economic and social infrastructure sectors across which projects can be procured through the PPP route. A PPP project may also be proposed for a combination of two or more infrastructure sectors.
Sectors Subsectors Asset/Facility Type Transportation
infrastructureRoad infrastructure Main roads, collector roads and local roads, toll roads, toll bridges Rail and mass transit infrastructure Railway facilities, urban mass transportation Waterways infrastructure Infrastructure for crossing at sea, river, or lake Seaport infrastructure Port facilities and passengers and cargo terminal Airport infrastructure Airport facilities Logistics infrastructure UA Water, wastewater, and solid waste management
infrastructureWater resources and irrigation
infrastructureBulk water carrier pipelines, irrigation networks and water storage
infrastructure (including its supporting structures, among others)
reservoir, dam, and weirWater supply infrastructure Raw water unit, production unit, distribution unit Wastewater infrastructure Centralized wastewater management systems including service
unit, collection unit, processing unit, final disposal unit, water
discharge pipeline, and sanitationLocal wastewater management system including local processing
unit, transport unit, sludge treatment unit, final disposal unit,
water discharge pipeline, and sanitationSolid waste management
infrastructureTransportation, processing, final waste processing ICT infrastructure Telecommunication
infrastructureTelecommunication network, passive infrastructure such as
transmission media cable ductsInformation technology and
informatics infrastructureE-government infrastructure Energy and
electricity
infrastructurePower generation Power generation facilities Power transmission and
sub-transmissionPower transmission and main substation facilities Power distribution Power distribution facilities Energy conservation infrastructure Main road lighting, energy efficiency Social infrastructure Education infrastructure Learning facility, laboratory, training center, research center/study center, research and development infrastructures, business incubator, learning gallery, student practice room, library, learning and training supporting facility Health infrastructure Hospital (i.e., hospital building, hospital infrastructure, and
medical equipment; basic health service facility, such as building,
infrastructure, and medical equipment for health center and/or
clinic; health laboratory, such as health laboratory building, health
laboratory, infrastructure, and laboratory equipment)Public housing Social housing, simple flat lease Government buildings Penitentiary institution, community hall, detention house, confiscated goods storage and state confiscated goods, temporary child placement institution, child special development institution, penitentiary hospital, public markets, sport stadium/building, art and culture building Other infrastructure Zone infrastructure Science development region, technology innovation including science, techno park development, industrial zone
zones, and related projectsOil and gas infrastructure,
including bioenergyProcessing, storage, transportation, distribution Tourism infrastructure UA ICT = information and communication technology, UA = unavailable.
Source: Government of Indonesia, Committee for Acceleration of Priority Infrastructure Delivery (KPPIP); government regulations on PPPs.
ICT = information communication technology.
National Framework for Enabling PPPs
PPP Institutional Framework
Does the country have a national PPP unit? What are the functions of the national PPP unit? Supporting the design and operationalization of the national PPP-enabling framework?
Helping develop a national PPP pipeline?
Supporting the arrangement of funding for project preparation (budgetary allocations, technical assistance funding from multilateral development agencies, operating a dedicated project preparation/project development fund)?
Guidance for project preparation to and coordination with the government agencies responsible for sponsoring the projects?
Making recommendations to the PPP Committee and/or other approving authorities to provide approvals associated with various stages of PPP process?
- Yes
LEARN MORENational Framework for Enabling PPPs
PPP Institutional Framework
In Indonesia, there are multiple entities facilitating the work of the PPP unit. The key ones include:
- Directorate of Development for Public Private Partnership, Ministry of National Development Planning (BAPPENAS). The directorate’s main functions include formulating national development plans, drafting budgets, evaluating plan implementation, functioning as a government think tank, and coordinating and administering development plans and other activities in various areas.1 In addition, BAPPENAS, through the Directorate of PPP and Financial Engineering, ensures that PPP projects are in line with PPP-planning regulations and national development plan and policies.
- Directorate of Government Support and Infrastructure Financing Management, Ministry of Finance. This directorate evaluates the financial and economic aspects of proposed PPP projects, and makes recommendations regarding government support to the relevant government contracting agency (GCA).
The World Bank also mentioned the Indonesia Infrastructure Guarantee Fund (IIGF), PT Sarana Multi Infrastruktur (PT SMI), and National Public Procurement Agency (LKPP) as facilitators.2
- 1Government of Indonesia, Ministry of National Development Planning (BAPPENAS). Role and Function of BAPPENAS. https://www.bappenas.go.id/en/profil-bappenas/tupoksi/.
- 2World Bank Group. Procuring Infrastructure Public–Private Partnerships 2018 in Indonesia. https://bpp.worldbank.org/content/dam/documents/bpp/indonesia.pdf.
Principal Public Agencies, Institutions, and Firms that Support PPPs in Indonesia
Category Key Agencies Function Government agencies Directorate of PPP and Design, BAPPENAS Assists in the completion of initial preparation documents. KPPIP The main agency that coordinates PPPs and prevents bottlenecks in PSNs and priority projects MOF Provides funding and assistance in completing the final preparation documents GCA Prepares and/or evaluates PPP project, selects and signs the Cooperation Agreement, and issues PPP project license to the concerned private company BKPM Verifies the credibility of the investor and assists the GCA in conducting market sounding PPP Joint Office Coordinates, facilitates, and provides capacity building for government agencies, the GCA, and private entities to accelerate PPP project implementation LKPP Ensures transaction probity and fair tendering for PPP projects Coordinating Ministry for Economic Affairs Supports the process of eliminating bottlenecks in PPP projects MOHA Evaluates project value and regional fiscal capacity for PPP projects that use availability payments PINA Unit, BAPPENAS Assists private entities in finding alternative nongovernment financing mechanisms to accelerate the financial close Supporting institutions (state-owned enterprises) PT SMI Provides infrastructure financing and advisory services for PPP projects IIF Provides capital for infrastructure and advisory services for PPP projects IIGF Provides contingency support and guarantees against government-related risks to private entities LMAN Funds land acquisition for PPP projects listed as national strategic projects Private firms SPV An Indonesian legal entity owned by the project sponsors, which enters into a Cooperation Agreement with a GCA, or receives a direct appointment from the government, to provide a particular service or build infrastructure on a PPP basis BAPPENAS = Ministry of National Development Planning, BKPM = Indonesia Investment Coordinating Board, GCA = government contracting agency, IIF = Indonesia Infrastructure Finance, IIGF = Indonesia Infrastructure Guarantee Fund, KPPIP = Committee for Acceleration of Priority Infrastructure Delivery, LKPP = National Public Procurement Agency, LMAN = State Asset Management Agency, MOF = Ministry of Finance, MOHA = Ministry of Home Affairs, PINA = Non-Government Budget Equity Financing, PPP = public–private partnership, PT-SMI = Indonesia State-Owned Infrastructure Financing Company, SPV = special purpose vehicle.
Source: Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-andCapacity-Building-on-APEC-Infrastructure-Development-and-Investment-Indonesia.
Sources: Government of Indonesia, Committee for Acceleration of Priority Infrastructure Delivery (KPPIP); Government of Indonesia, Ministry of National Development Planning (BAPPENAS). 2019. Public–Private Partnership: Infrastructure Projects Plan in Indonesia 2019. Jakarta, Indonesia. https://library.pppknowledgelab.org/documents/5826/download; World Bank Group. Procuring Infrastructure Public–Private Partnerships 2018 in Indonesia. https://bpp.worldbank.org/content/dam/documents/bpp/indonesia.pdf
National Framework for Enabling PPPs
The PPP Process
Does the PPP legal and regulatory framework provide for a PPP implementation process covering the entire PPP life cycle? (except for the post-award contract management) Does the Feasibility Assessment Stage cover Technical feasibility?
Socioeconomic feasibility?
Environmental sustainability?
Financial feasibility?
Fiscal affordability assessment?
Legal assessment?
Risk assessment and PPP project structuring?
Value for Money assessment?
Market sounding with stakeholders?
Is the PPP procurement plan required? Is there a need to set up a separate PPP procurement committee? Is competitive bidding the only method for selection of PPP private developer? Is the prequalification stage necessary? Or does the PPP legal and regulatory framework allow flexibility to skip the prequalification stage? Prequalification not obligatory Does the PPP legal and regulatory process provide the option to the preferred bidder for contract negotiations? (in case of Direct Appointment) Does the PPP legal and regulatory framework allow unsuccessful bidders to challenge the award/submit complaints? a What is the maximum time allowed for submitting a complaint/challenging the award by unsuccessful bidders from the announcement of the preferred bidder? 5 days Does the PPP legal and regulatory framework provide for transparency? Which of the following are required to be published? Findings from the feasibility assessment?
b Procurement notice?
Outcome of stakeholder consultations from market sounding?
Clarifications to prequalification queries?
Prequalification results?
Clarifications to pre-bid queries?
Results for the bid stage and selection of preferred bidder?
Final concession agreement to be entered between the government agency and the preferred bidder? And other PPP project agreements executed between government agency and preferred bidder?
Confidentiality
- aAsian Development Bank (ADB). 2019. Public-Private Partnership Monitor(second edition). Manila. https://www.adb.org/sites/default/files/publication/509426/ppp-monitor-second-edition.pdf.
- bTypically, the Ministry of National Development Planning (BAPPENAS) includes the basic pre-feasibility outcomes in Public-Private Partnership: Infrastructure Projects Plan in Indonesia, an annual publication that includes the project descriptions, specifications, findings of environmental impact assessments, land issues, project structure briefs, and indicative internal rates of return for the projects.
- Yes
- No
LEARN MORENational Framework for Enabling PPPs
The PPP Process
The implementation of a PPP project consists of three key stages specified in Presidential Regulation No. 38 of 2015:
- Planning stage.
- Preparation stage.
- Transaction stage.
GCA = government contracting agency, BAPPENAS = Ministry of National Development Planning, BKPM = Indonesia Investment Coordinating Board, BOD = board of directors, BUPI = Infrastructure Guarantee Corporation, ROE = regional government-owned enterprise, MOF = Ministry of Finance, SOE = state-owned enterprise.
a PPP Book refers to Public–Private Partnership: Infrastructure Projects Plan in Indonesia, published annually by BAPPENAS.
Source: Government of Indonesia. Presidential Regulation No. 38 of 2015.
National Framework for Enabling PPPs
Standard Operating Procedures, Tool Kits, Templates, and Model Bid Documents for PPPs
Does the country have PPP Guidelines/PPP Guidance Manual? Does the PPP Guidelines/PPP Guidance Manual adequately cover the process, entities involved, roles and responsibilities of various entities, approvals required at various stages, and the timelines for the various stages of the PPP project life cycle? What are the templates and checklists available in the PPP Guidelines/PPP Guidance Manual? Project Needs Assessment and Options Analysis checklist?
Project Due Diligence checklist?
Technical Assessment checklist?
Environmental Assessment checklist?
PPP Procurement Plan template?
Does the country have standardizedmodel bidding documents for PPPs? Model Request for Qualification (RFQ) document?
Model Request for Proposal (RFP) document?
Model PPP/Concession Agreement?
State Support Agreement?
VGF Agreement?
Guarantee Agreement?
Power Purchase Agreement?
Capacity Take-or-Pay Contract?
Fuel Supply Agreement?
Transmission and Use of System Agreement?
Performance-Based Operations and Maintenance Contract?
Engineering, Procurement and Construction Contract?
(except for PPAs, which are available in subsectors for non-WTE projects) Does the country have standardized PPP agreement terms? Does the country have standardized/ model tool kits to facilitate identification, preparation, procurement, and management of PPP projects? PPP Family Indicator?
a PPP Mode Validity Indicator?
a PPP Suitability Filter?
a PPP Screening Tool?
a Financial Viability Indicator Model?
a Economic Viability Indicator Model?
a VFM Indicator Tool?
a Readiness Filter?
a Is there a framework for monitoring fiscal risks from PPPs including the following? Process for assessing fiscal commitments?
Process for approving fiscal commitments?
Process for monitoring fiscal commitments?
Process for reporting fiscal commitments?
Process for budgeting fiscal commitments?
Are there fiscal prudence norms/thresholds to limit fiscal exposure to PPPs? Is there a process for assessing and budgeting contingent liabilities from PPPs? - aThere are reference documents. For example, the Office of Public-Private Partnership (OPPP), at the Asian Development Bank (ADB), has delivered screening tools for teaching hospitals and higher-education facilities that the Ministry of Health, the Ministry of Higher Education, and the Ministry of National Development Planning (BAPPENAS) can utilize for such subsector projects.
- Yes
- No
- Unavailable
LEARN MORENational Framework for Enabling PPPs
Standard Operating Procedures, Tool Kits, Templates, and Model Bid Documents for PPPs
The following guidelines are available:
- Minister of National Development Planning/Head of National Development Planning Agency Regulation No. 4 of 2015, regarding the operational guidelines for PPPs in infrastructure provision.
- Head of LKPP Regulation No. 19 of 2015, regarding guidelines for procuring business entities for PPPs in infrastructure provision.
- Head of LKPP Regulation No. 29 of 2018, regarding the guidelines for procuring business entities for solicited PPP infrastructure projects.
These regulations largely define the process, approvals, timelines, and other related criteria set by the GCA and procurement committee for the selection of the special purpose company (SPC).
PPA = power purchase agreement, VFM = value for money, VGF = viability gap fund, WTE = waste-to-energy.
Key Clauses Related to PPP Agreements
Does the law specifically enable lenders the following rights: Security over the project assets?
Security over the land on which they are built (land use right)?
Security over the shares of a PPP project company?
Can there be a direct agreement between the government and lenders?
Do lenders get priority in the case of insolvency?
Can lenders be given step-in rights?
Does the law specifically enable compensation payment to the private partner in case of early termination due to: Public sector default or termination for reasons of public interest?
Private sector default?
Force majeure?
Does the law enable the concept of economic/financial equilibrium? Does the law enable compensation payment to the private partner due to: Material adverse government action?
Force majeure?
Change in law?
- Yes
- No
LEARN MORENational Framework for Enabling PPPs
Standard Operating Procedures, Tool Kits, Templates, and Model Bid Documents for PPPs
Key Clauses Related to PPP Agreements
Presidential Regulation No. 38 of 2015 requires the inclusion of certain provisions in any PPP agreement between the government contracting agency (GCA) and the special purpose company (SPC).
- Performance security. The SPC needs to provide performance security when signing of the agreement. It is stipulated that the amount of performance security will be a maximum of 5% of the investment value of the PPP project.
- Transfer of ownership. While the detailed guidelines regarding ownership transfers are unavailable (there are no model documents), the regulation stipulates that the transfer of shares of the SPC before the date when commercial operations begin is restricted: only possible upon prior approval based on the criteria established by the government minister or by the head of the relevant institution, regional government, state-owned enterprise (SOE), or regional government-owned enterprise (ROE).
- Other requirements. Further, the regulation also stipulates that the agreement shall at the minimum include (this list is not exhaustive):
- a dispute-resolution mechanism arranged in stages: deliberation and consensus, mediation, and arbitration or court;
- mechanism for monitoring the performance of the implementing business entity in procurement implementation;
- “step-in” mechanism for the government and lenders; and
- a mechanism for handling changes in the scope scenario.1
Bank loans are usually fully secured and have recourse to project assets in the event of default. The types of security commonly used for project finance include:
- security rights to land and goods related to land (including buildings, plants, etc.) and that are an inseparable part of the land, for instance hak tanggungan (mortgage rights);
- fiduciary security (non-possessory security rights, usually established for receivables, shares, insurance, claims, and inventory); and
- pledges (possessory security rights, usually established for shares, bank accounts, and time deposits).2
PPP regulations (both old and new) require that PPP contracts include a procedure for determining the grounds for and the consequences of termination or force majeure, as well as a mechanism for allowing variations. However, there are no standard compensation clauses, as there are no model concession documents available. And there is still no clear, standardized system for compensating the private sector partner for unilateral changes by the government during or after the bidding (i.e., before the project reaches financial close), save for energygeneration projects involving independent power producers (IPPs), for which the provisions for termination and rights for compensation (e.g., price adjustments) are regulated under the Ministry of Energy and Mineral Resources (MEMR) Regulation No. 10 of 2017, as lastly amended by MEMR Regulation No. 10 of 2018 (on the principles of power purchase agreements). In addition, for all sectors, a compensation mechanism could be provided to private sector partners through government guarantees.3
- 1Government of Indonesia, Presidential Regulation No. 38 of 2015.
- 2Chambers and Partners. Project Finance 2019 Second Edition: Indonesia. https://practiceguides.chambers.com/practice-guides/project-finance2019-second-edition/indonesia.
- 3ADB. 2019. Public–Private Partnership Monitor (second edition). Manila. https://www.adb.org/sites/default/files/publication/509426/ppp-monitorsecond-edition.pdf.
Source: Asian Development Bank (ADB). 2019. Public–Private Partnership Monitor (second edition). Manila. https://www.adb.org/sites/default/files/publication/509426/ppp-monitor-second-edition.pdf.
National Framework for Enabling PPPs
Unsolicited PPP Proposals
Does the PPP legal and regulatory framework allow submission and acceptance of unsolicited proposals? What are the advantages provided to the project proponent for an unsolicited bid? Competitive advantage at bid evaluation?
(an additional 10% for its bidding evaluation score) Swiss Challenge?
Compensation of the project development costs?
Government support for land acquisition and resettlement cost?
Government support in the form of viabiity gap funding and guarantees?
- Yes
LEARN MORENational Framework for Enabling PPPs
Unsolicited PPP Proposals
The PPP Regulation No. 38 of 2015 states that infrastructure provision may be initiated by a business entity (i.e., unsolicited project proposals) if three major requirements are met: (i) technically, the proposal is integrated with the master plan of the sector concerned; (ii) the project is economically and financially feasible; and (iii) the business entity that proposes the initiative has the capability to finance the project.
When an unsolicited proposal is submitted, a value-for-money (VFM) evaluation and a competitive bidding process are carried out to achieve the highest value from the project. Three major incentives for the private entities to submit unsolicited project proposals are
- the addition of 10% to the procurement score;
- the right to match the offer of the highest bidder, based on the results of the assessment during the tender process; and
- the ability of the government contracting agency (GCA) to purchase the PPP project.
Chapter V of National Planning and Development Minister Regulation No. 4 of 2015 defines and elaborates on the process for handling unsolicited proposals. Unsolicited proposals are eligible to receive government guarantees as per the relevant laws and regulations.
National Framework for Enabling PPPs
Foreign Investor Participation Restrictions
Is there any restriction for foreign investors on: Land use/ownership rights as opposed to similar rights of local investors?
Currency conversion?
PPP projects with foreign sponsor participation (number) 72 - Yes
LEARN MORENational Framework for Enabling PPPs
Foreign Investor Participation Restrictions
Indonesia’s regulations prevent foreigners and foreign-owned companies from owning land in the country. The Indonesian Agrarian Law of 1960 only allows a foreigner “domiciled in Indonesia” to hold a right-to-use land title (called Hak Pakai) as well as other forms of land title. For the state-owned land, the building rights (Hak Guna Bangunan) can be granted for a maximum period of 50 years (30 years plus a 20-year extension). A limited liability company with foreign ownership could also obtain Hak Pakai for land that may extend up to 70 years.
Law No. 7 of 2011 and Bank Indonesia Regulation No. 17/3/PBI/2015 both mandate that the Indonesian rupiah must be used in all transactions in Indonesia. Consequently, the project company will receive payment in that currency.
For foreign investors, Law No. 25 of 2007 (“Investment Law”) requires that foreign direct capital investments in Indonesia be implemented through the establishment of a limited liability company (usually referred to as a “PT PMA,” with “PMA” standing for “Penanaman Modal Asing” or “foreign capital investment”) or of other entities allowed under relevant Indonesian laws and regulations.
From an infrastructure finance perspective, it is important to note the provisions of the law that do not disallow the granting of security for real estate to foreign lenders or restrict repayments to foreign lenders under a security document or loan agreement. Article 10 (1) of the Indonesian Mortgage Law provides that a loan agreement or other agreement used as a mortgage can be signed overseas, and the associated parties can also be a foreign individual or entity, as long as the loan is used for a development within the territory of the Republic of Indonesia.
In addition to the above, restrictions in terms of a negative list of investments and employment conditions are applicable to foreign entities investing in Indonesia.
Article 13 of the Ministry of National Development Planning (BKPM) Regulation No. 14 of 2015 provides the minimum foreign investment capitalization to be fulfilled, as follows:
- The total investment value must be more than Rp10 billion.
- The amount of paid-up capital must be a minimum of Rp2.5 billion.
- Each shareholder is required to contribute a minimum of Rp10 million, and the percentage of share ownership shall be calculated according to the share value.
National Framework for Enabling PPPs
Dispute Resolution
Does the country have a Dispute Resolution Tribunal? a Does the country have an Institutional Arbitration Mechanism? b Can a foreign law be chosen to govern PPP contracts? What dispute resolution mechanisms are available for PPP agreements? Court litigation
Local arbitration
International arbitration
Has the country signed the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? - aA.F.M. Gerungan, H.A. Pasaribu, and G. Vania. 2019. Dispute Resolution in Indonesia. Lexology. 25 July. https://www.lexology.com/library/detail.aspx?g=670eb9ea-e083-439a-9518-e75e42cf1ad5.
- bThomson Reuters Practical Law. Arbitration Procedures and Practice in Indonesia: Overview. https://uk.practicallaw.thomsonreuters.com/9-520-8397?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1.
- Yes
- No
LEARN MORENational Framework for Enabling PPPs
Dispute Resolution
PPP regulations (both old and new) prescribe that PPP contracts determine the dispute-resolution mechanism. However, there are no standard dispute-resolution procedures for PPPs, as there are no model concession documents available. Most contractual disputes for “less-than-termination” events are resolved through negotiation. If unresolved, domestic or international arbitration is called for, commonly with the Singapore International Arbitration Centre.1
Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The law defines arbitration as a method of settling a civil dispute outside the general court, based on an arbitration agreement made in writing by the disputing parties.2
Indonesia has ratified the New York Convention. However, for foreign arbitral awards to be recognized and enforced within the jurisdiction of the Republic of Indonesia, such awards must satisfy the following requirements:
- The awards are rendered by an arbitration body or by an arbitrator in a country that is bilaterally bound to Indonesia or jointly bound with Indonesia by an international convention on the recognition and enforcement of foreign arbitral awards. Its enforcement is based on the principle of reciprocity.
- Foreign arbitral awards are limited to those who, according to Indonesian law, fall within the scope of its commercial law.
- Foreign arbitral awards do not contravene public order.
- Foreign arbitral awards may be enforced in the Republic of Indonesia after an exequatur (writ of execution) has been obtained from the chairman of the Central Jakarta District Court (footnote 1).
- 1ADB. 2019. Public–Private Partnership Monitor (second edition). Manila. https://www.adb.org/sites/default/files/publication/509426/ppp-monitorsecond-edition.pdf.
- 2T. Sukirno and B. Sihombing. 2019. Arbitration Procedures and Practice in Indonesia: Overview. Thomson Reuters Practical Law. 1 October. https://uk.practicallaw.thomsonreuters.com/9-520-8397?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
National Framework for Enabling PPPs
Environmental and Social Issues
Is there a local regulation establishing a process for environmental impact assessment? Is there a legal mechanism for the private partner to limit environmental liability for what is outside of its control or caused by third parties? Is there a local regulation establishing a process for social impact assessment? Is there involuntary land clearance for PPP projects? - Yes
LEARN MORENational Framework for Enabling PPPs
Environmental and Social Issues
The minister of the environment and forestry has issued Regulation No. 38 of 2019, which defines the types of planned businesses and/or activities requiring an environmental impact analysis. This regulation replaced Regulation No. 05 of 2012. It provides a specific list of businesses and activities that must submit an AMDAL (“List of Activities”) in several sectors, such as in construction, water utilization, reclamation, activities involving hazardous and toxic waste (B3), electric power, new and renewable energy, ports, and mining. AMDALs, as per the regulation, fall into three categories (A, B, and C) according to their complexity, impact on the environment, location sensitivity, and environmental capacity. Moreover, the regulation defines the timeline within which the AMDAL preparation has to be undertaken.1
For social issues, the other relevant laws are: Law No. 2 of 2012, Presidential Regulation No. 71 of 2012 on the Acquisition of Land for Development in the Public Interest, and Presidential Regulation No. 40 of 2014 on Changes to Presidential Regulation No. 71 of 2012.
- 1Coventus Law. Indonesia – New Regulation on the Types of Planned Businesses and/or Activities which Require an Environmental Impact Assessment. www.conventuslaw.com/report/indonesia-new-regulation-on-the-types-of-planned/.
National Framework for Enabling PPPs
Land Rights
Which of the following is permitted to the private partner: Transfer land lease/use/ownership rights to third party
Use leased/owned land as collateral
Mortgage leased/owned land
Is there a legal mechanism for granting wayleave rights, for example, laying water pipes or fiber cables over land occupied by persons other than the government or the private partner? Is there a land registry/cadastre with public information on land plots? Which of the following information on land plots is available to the private partner? Appraisal of land value
Landowners
Land boundaries
Utility connections
Immovable property on land
Plots classification
- Yes
LEARN MORENational Framework for Enabling PPPs
Land Rights
The key regulations pertaining to land, land use, and land acquisition include:
- fundamental regulations concerning the Indonesian agrarian framework under Law No. 5 of 1960 on the Basic Agrarian Law, which is currently being amended;
- Government Regulation No. 40 of 1996 on the Right to Cultivate, Right to Build, and Right to Use Land;
- Law No. 2 of 2012 on the Acquisition of Land for Development in the Public Interest;
- Presidential Regulation No. 71 of 2012 (recently amended by Presidential Regulation No. 148 of 2015); and the
- Regulation of National Land Agency No. 5 of 2012.
Source: ADB. 2019. Public–Private Partnership Monitor (second edition). Manila. https://www.adb.org/sites/default/files/ publication/509426/ppp-monitor-second-edition.pdf.
Government Support for PPP Projects
Project Funding Support
Project Funding Support Is there a dedicated government financial support mechanism for PPP projects? What are the instruments of government financial support available under this government financial support mechanism? Capital grant
Operations grant
Annuity/availability payments
Guarantees to cover
Currency inconvertibility and transfer risk
Foreign exchange risk
War and civil disturbance risk
Breach of contract risk
Regulatory risk
Expropriation risk
Government payment obligation risk
Credit risk
Minimum demand/revenue risk
Risk of making annuity/availability payments in a timely manner
a What are the caps/ceilings for the government financial support under each of the abovementioned government financial support instruments? (i) VGF - maximum of 49% of Project Cost(ii) Maximum Guarantee limited to 6% of GDP during 2018-2021Is there a minimum PPP project size (investment) for a PPP project to be eligible for receiving government financial support? For the VGF, total investment at least Rp100 billion Are there minimum financial commitment requirements for the private developer equity before the government support could be drawn? At least 20% of the equity Is the government financial support required, usually the bid parameter for PPP projects? Are unsolicited PPP proposals eligible to receive government financial support? Are there standard operating procedures for providing government financial support to PPP projects? Appraisal and approval process
Budgeting process
Disbursement process
Monitoring process
Accounting, auditing, and reporting process
(not clear if auditing processes are available) Who are the signatories to the government financial support agreement? GCA, IIGF, and SPC (for guarantees)GCA, MOF, and SPC ( for VGF)bWho is responsible for monitoring the performance of PPP projects availing government financial support? Independent engineer?
(independent consultants) Government agency?
(PJPK) Ministry of Finance?
(MOF Feasibility Support Committee) What are the other forms of government support available for PPP projects? Land acquisition funding support?
Funding support for resettlement and rehabilitation of affected parties?
Tax holidays/exemptions?
Real estate development rights?
Advertising and marketing rights?
Interest rate/cost of debt subventions?
Other subsidies and subventions?
Can the other forms of government support be availed over and above the government financial support through various instruments listed above? (schemes offered by PT SMI and PT IIF) - aIndonesia Infrastructure Guarantee Fund (IIGF). 2018. Risk Allocation Guideline: Public Private Partnership (PPP) in Indonesia. Jakarta. https://ptpii.co.id/media/kcfinder/docs/acuan-alokasi-risiko-english-2018-final-cover.pdf.
- bGovernment of Indonesia, Ministry of National Development Planning (BAPPENAS). 2019. Public–Private Partnership: Infrastructure Projects Plan in Indonesia 2019. Jakarta, Indonesia. https://library.pppknowledgelab.org/documents/5826/download; IIGF, Risk Allocation Guideline.
- Yes
- No
- Unavailable
LEARN MOREGovernment Support for PPP Projects
The government has taken various initiatives to support infrastructure development under the PPP scheme, such as project development fund (PDF), viability gap fund (VGF), government guarantee, and regulatory support in procurement and land acquisition. The government also provides the availability payment mechanism that gives investment repayment certainty for private investors.
Viability Gap Fund
In 2012, under Minister of Finance Regulation No. 223/PMK.011/2012, the government introduced VGF assistance for infrastructure projects. VGF is government support in the form of a partial contribution, up to a maximum of 49% of the construction, equipment, and installation costs of an infrastructure PPP project that has reached economic viability, but not financial viability. VGF is provided as the last resort if there is no alternative that will make the project financially viable. It would only be given to infrastructure projects that are unable to deliver large profits or with too long a turnaround time to attract investors to participate in the tender. VGF does not include costs related to land acquisition and tax incentives.1
Government Guarantees
To mitigate government-related financial risk, the government provides guarantee assistance through the Indonesia Infrastructure Guarantee Fund (IIGF) established in 2009. The IIGF acts as a guarantor for the various infrastructure risks stemming from government inaction that could result in financial losses for PPP infrastructure projects, including, for example, license delays, financial close termination or delays, amendments to legislation and regulatory provisions, or changes to tariff structure. The IIGF guarantees the financial obligations of the government contracting agency (GCA) by paying compensation to business entities when infrastructure risks arise in accordance with the allocation agreed in the PPP–KPBU agreement. The infrastructure guarantee is implemented by the IIGF as a single-window policy. If the coverage needs of a guarantee exceed the capacity of the IIGF, there may be a co-guarantee between the Ministry of Finance and the IIGF.2
Land Acquisition Fund
In Indonesia, land acquisition is an obligation of the GCA, and Presidential Regulation no. 30 of 2015 which allows investors to prefinance land acquisition and later recovered by the government. In 2017, the Ministry of Finance introduced a land acquisition scheme for national strategic infrastructure PPP projects through LMAN (State Asset Management Agency). The agency is required to provide land funds for these projects to guarantee timely procurement to boost private infrastructure investment.
According to Presidential Regulation No. 38 of 2015, the source of funding for land acquisition for PPP projects that are listed as PSNs (national strategic projects) are the State Revenue and Expenditure Budget (APBN) and/or the Regional Revenue and Expenditure Budget (APBD).
Availability Payment
The availability payment is made from the GCA to the special purpose company (SPC) as a reward for ensuring the availability of the facility and for providing specified services under a PPP–KPBU contract. The availability payment is a fixed amount and is paid throughout the operation period, with a possible deduction in case the SPC fails to fulfill certain requirements. The availability payment essentially covers all costs (construction, operation and maintenance, project financing, etc.) and also the return for investors.3
The availability payment mechanism is guided by Ministry of Finance (MOF) Regulation No. 260/PMK.08/2016 and Ministry of Home Affairs (MOHA) Regulation No. 96 of 2016.
Other Financial Incentives
Indonesia has regulations on financial incentives such as tax holidays, tax allowances, and import duty facilities. MOF Regulation No.35 of 2018 provides for (i) 5- to 15-year tax exemptions, with a potential 20-year exemption for projects that are considered strategic for Indonesia’s economy; and (ii) up to a 100% reduction on taxes for businesses in 17 eligible industries. Government Regulation No. 9 of 2016 allows a reduction in the corporate net income tax for 6 years equivalent to 30% of investment value, including 5% each year for various eligible segments. And MOF Regulation No. 176/PMK.011/2009 has provisions for exemptions from import duties for eligible cases.4
Nongovernment Equity Financing
The Non-Government Budget Equity Financing (“PINA” in Indonesian abbreviation) is a facilitation scheme aimed to accelerate the financial close of national priority projects. The PINA Center for Private Investment, a unit under the Ministry of National Development Planning (BAPPENAS), undertakes a strategic role in facilitating the project financing and enable any "de-bottlenecking" of financing process for Indonesia’s infrastructure development. Founded in 2017, the PINA Center for Private Investment successfully facilitated $3.3 billion for 11 projects across sectors by end of 2018.
PINA offers alternative financing options to the investors. Three main instruments are Direct Equity, Hybrid, and Funds.5
- 1Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. p. 23. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APECInfrastructure-Development-and-Investment-Indonesia.
- 2Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. p. 24. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APECInfrastructure-Development-and-Investment-Indonesia.
- 3Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. p. 26. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APECInfrastructure-Development-and-Investment-Indonesia.
- 41 BAPPENAS. 2019. Accelerating Indonesia’s Infrastructure through Public Private Partnership. Indonesia. Presentation. https://ppp.gov.ph/wp-content/uploads/2019/08/UNESCAP_2ndMTNG_Session1-INDONESIA.pdf. Jakarta, Indonesia.
- 5PINA: Center for Private Investment. How We Work: Financing Scheme. http://pina.bappenas.go.id/financing-scheme/.
GCA= government contracting agency, GDP = gross domestic product, IIGF = Indonesia Infrastructure Guarantee Fund, MOF = Ministry of Finance, PJPK = government institution responsible for a PPP project, PT IIF = Indonesia Infrastructure Finance, PT SMI = PT Sarana Multi Infrastruktur (an Indonesian state-owned infrastructure financing company), SPC = special purpose company, VGF = viability gap fund.
Project Development Funding
Project Development Funding What are the various sources of funds for PPP project preparation? Budgetary allocations
Dedicated project preparation/project development fund
Technical assistance from multilateral/bilateral/and donor agencies
Recovery of project preparation funding from the preferred bidder
At what stage of the PPP project, can the project preparation/development funding be availed by the government agency? Pre-feasibility stage
Detailed feasibility stage
Transaction stage
Is there a list of project preparation/project development activities towards which the project development funding can be utilized? Can the project development funding be utilized to appoint transaction advisors for PPP projects? Is there a specific process to be followed by government agencies to appoint transaction advisors? What are the payment mechanisms for making payments to transaction advisors? Timesheet-based
Milestone-based
Are there standard agreements and documents to avail project development funding? Who are the signatories to the project development funding agreements? GCA and PT SMI or IIGF - Yes
LEARN MOREGovernment Support for PPP Projects
Project Development Facility
To develop the required documentation standards and studies for the preparation and the implementation of PPP–KPBU project transactions, particularly the pre-feasibility study and the PPP agreement design documents, the government provides support through the Project Development Facility (PDF). The PDF is managed by the Ministry of Finance through the Directorate General of Budget Financing and Risk Management. The primary function of the PDF is to help the government contracting agency (GCA) increase the effectiveness of the preparation and/or the implementation of PPP project transactions to meet the specified quality and time. The PDF encompasses several types of facilities:
- Project preparation facility
- Preparation of the pre-feasibility study (to assess the feasibility of a PPP by considering at the minimum the legal, technical, economic, financial, risk management, environmental, and social aspects).
- Preparation of all studies and documents supporting the pre-feasibility study.
- Transaction assistance facility
- Procurement of implementing business entities.
- PPP agreement signing.
- Financing for the PPP project (financial close) as long as it is part of the responsibility allocated to the GCA based on the PPP agreement.
- Combined project preparation and transaction assistance facilities. The scope consists of a combination of the two types of facilities(italics in the original).1
The legal basis for the PDF consists of the following:
- Presidential Decree Number 75 Number 75 of 2014 about Acceleration of Provision of Priority Infrastructure.
- Presidential Decree Number 122 of 2016 about Amendment to Presidential Regulation Number 75 of 2014 about Acceleration of Provision of Priority Infrastructure.
- Ministry of Finance of Regulation Number 73/PMK.08/2018 about Facilities for the Preparation and Implementation of Transactions of Government Cooperation Projects with Business Entities in the Provision of Infrastructure.
- Ministry of Finance Regulation Number 129/PMK.011/2016 about Amendment to Minister of Finance Regulation Number 265/PMK.08/2015.2
- 1Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APEC-InfrastructureDevelopment-and-Investment-Indonesia.
- 2Government of Indonesia, MOF, Directorate General of Budget Financing and Risk Management. Project Development Facility. http://kpbu.djppr.kemenkeu.go.id/en/project-development-facility/.
GCA = government contracting agency, IIGF = Indonesia Infrastructure Guarantee Fund, PT SMI = PT Sarana Multi Infrastruktur (an Indonesian state-owned infrastructure financing company).
Maturity of the PPP Market
- aThere is no single consolidated database that serves as the PPP database for the country. The Asian Development Bank (ADB) is working to create a national project database. There are multiple lists maintained by different entities such as the Ministry of Finance and the Ministry of National Development Planning (BAPPENAS).
- bGovernment of Indonesia, BAPPENAS. 2019. Public-Private Partnership: Infrastructure Projects Plan in Indonesia 2019. Jakarta. https://library.pppknowledgelab.org/documents/5826/download.
- Yes
- No
LEARN MOREMaturity of the PPP Market
The Directorate of Government Support and Infrastructure Financing Management, within the Directorate General of Budget Financing and Risk Management, maintains a list of PPP projects indicating where they are in the stages of a project life cycle: the preparation stage, auction stage, financing acquisition stage, construction stage, and operational stage.
Sources: Government of Indonesia, BAPPENAS. 2019. Public–Private Partnership: Infrastructure Projects Plan in Indonesia 2019. Jakarta. https://library.pppknowledgelab.org/documents/5826/download.
PPP Book
Sources of PPP Financing Who are the typical entities financing PPP projects in the country? Private developers
Construction contractors
Institutional/financial/private equity investors
Pension funds
(indirectly by purchase of bonds) Insurance companies
Banks
Nonbanking financial corporations/Financial institutions
Donor agencies
Government agencies and state-owned enterprises
What is the distribution of financing among these entities financing PPP projects? Does the country have the history/track record of issuing bonds by infrastructure projects? How many infrastructure projects private developers for infrastructure projects have raised funding through bond issuances? What is the value of funding raised through capital markets by PPPs? Does the country have a matured derivatives market to hedge certain risks associated with PPPs? Does the country have a national development bank? Does the country have credit rating agencies to rate infrastructure projects? Typically, what are the credit ratings achieved/received by infrastructure projects? Is there a threshold credit rating for infrastructure PPPs below which institutional investors, pension funds, and insurance companies would not invest in infrastructure PPPs? What is the typical funding model for infrastructure PPPs -- corporate finance or project finance? Are there regulatory limits/restrictions for the maximum exposure that can be taken by banks to infrastructure projects? - Yes
- No
- Unavailable
LEARN MOREMaturity of the PPP Market
In compliance with BAPPENAS Regulation No. 4 of 2015, the ministry publishes Public–Private Partnership: Infrastructure Projects Plan in Indonesia (also known as the “PPP Book”) on an annual basis. The publication provides the information on PPP infrastructure projects in the country that are open to potential investors or any other PPP stakeholders. The projects listed in the book have been reviewed by BAPPENAS, and they are organized into two categories based on their readiness level: “under preparation” and “ready to offer.” However, the PPP Book also provides information on projects that have entered into transaction stage (tender process, already tendered) and covers success stories of PPP projects in Indonesia.1
In addition to the PPP Book, the government has identified a list of national strategic projects (PSNs) led by the Committee for Acceleration of Priority Infrastructure Delivery (KPPIP), which was formed under the Presidential Regulation No. 75 of 2014. For such priority projects, the KPPIP ensures that the projects are prepared in accordance with quality standards it has established, and controls the steps taken to overcome any bottlenecks.
The government attracts private sector participation in PPP projects by offering two options for project financing:
- PPP projects offering an internal rate of return (IRR) that is higher than 13%, use the PINA scheme.
- PPP projects offering an IRR that is lower than 13%, use a PPP–KPBU contract with a government-support or government-guarantee scheme.2
Infrastructure financing in Indonesia has largely been provided by banks, primarily international banks based in the People’s Republic of China (PRC) and Japan. There is little financing from capital markets specialized in the development of new infrastructure. Bonds for individual projects are unavailable partly because of the lack of a credit culture among domestic investors. The bond market is limited to plain vanilla corporate bonds issued by large utilities and construction companies, mostly by state-owned enterprises (SOEs).
The PPP and infrastructure sectors have only recently started opening up to structured products. Dana Investasi Infrastruktur (DINFRA) is the only fund devoted to infrastructure project financing that is registered with Indonesia’s Financial Services Authority (OJK).3
Under OJK Regulation No. 3 of 2015, pension funds are not allowed to invest directly in infrastructure projects; they may only participate in infrastructure investment through bond purchases issued by SOEs. However, international pension funds can participate in special purpose companies (SPCs) involved in PPP projects through direct equity investment. For example, the Canada Pension Plan Investment Board agreed in 2019 to buy a stake in a private toll road operator in Indonesia.4
Based on the National Financial Market Development and Deepening Strategy (SN-PPPK), there were nine financing instruments that have potential as instruments for infrastructure financing, such as asset-backed securities; mandatory convertible bonds and green bonds; and Shari‘a-based financing instruments, such as the waqf-linked sukuk.5
Three key institutions involved in different formats of financing or guaranteeing PPP projects are the Indonesia Infrastructure Finance (PT IIF), the PT Sarana Multi Infrastruktur (PT SMI), and the Indonesia Infrastructure Guarantee Fund (IIGF).
- 1BAPPENAS, Public–Private Partnership Book 2019. https://library.pppknowledgelab.org/documents/5826/download; Government of Indonesia, Committee for Acceleration of Priority Infrastructure Delivery (KPPIP). Latest Status of the KPPIP Priority Projects. https://kppip.go.id/en/priority-projects/.
- 2Asia-Pacific Economic Cooperation (APEC), APEC Policy Support Unit. 2019. Peer Review and Capacity Building on APEC Infrastructure Development and Investment: Indonesia. Singapore. https://www.apec.org/Publications/2019/11/Peer-Review-and-Capacity-Building-on-APEC-InfrastructureDevelopment-and-Investment-Indonesia
- 32 PT Jasa Marga (Persero). DINFRA: An Alternative Funding and Solution for National Infrastructure. News release. 15 April. https://www.jasamarga.com/public/en/activity/detailactivity.aspx?title=%E2%80%8BDINFRA:%20An%20Alternative%20Funding%20and%20Solution%20for%20National%20Infrastructure.
- 4D. Walker. 2019. CPPIB to Make First Infrastructure Investment in Indonesia. Pensions & Investments. 2 September. https://www.pionline.com/pension-funds/cppib-make-first-infrastructure-investment-indonesia
- 5MOF, Bank Indonesia, and OJK. 2010. National Strategy for Financial Market Development 2018–2024. Jakarta. https://www.bi.go.id/en/moneter/pasar-keuangan/snpppk/Documents/SNPPPK-BI-EN.pdf. A waqf is an Islamic endowment of property to be held in trust and used for charitable or religious purposes or an Islamic religious or charitable foundation created by an endowed trust fund. A sukuk is a Shari‘a-compliant financial certificate; it is similar to a conventional bond, except that is involves cash flows from asset monetarization, rather than interest payments.
Various Types of Loans for PPPs
Item Non-Limited Recourse Loan Non-Limited Recourse Loan in Local Currency Project Financing by Local Public Sector Banks Interest Rate Swaps Currency Swaps Project Financing through Project Bond Issuance Maximum Tenor (Years) 15–20 15–20 Up to 20 Forward duration of <5 < 1 Upfront arrangement fee (bps) 100–450 100–550 Floor rate LIBOR JIBOR Margin rate (bps) 300–500 500–600 Foreign debt as percentage of total debt for project financing (%) >50 Project bonds as percentage of total debt for project financing (%) <30% Typical debt-to-equity ratio 70:30 70:30 75:25 Timeline to financial close (months) 6–12 months 6–12 months Minimum DSCR covenant levels (x) 1.2–1.5 1.2–1.5 Nominal interest rates (%) 13-15 NA Real interest rates (%) 6-8 NA Security Package -
Lender rights to step-in, substitute
-
Charge on assets
-
Receivables escrow
-
Waterfall mechanism for project cash flows
-
Cash deficit reserves (20%–30% of project cost)
-
Debt service reserves (6 months)
-
Termination coverage for debt due
-
Performance bonds 5%–10% for construction
-
Parent guarantees to backstop project SPV commitments to lenders
bps = basis points, DSCR = debt service coverage ratio, JIBOR = Jakarta interbank offered rate, LIBOR = London interbank offered rate, NA = not applicable, SPV = special purpose vehicle,
An empty cell indicates that the column head does not apply.
Source: ADB. 2019. Public–Private Partnership Monitor (second edition). Manila. https://www.adb.org/sites/default/files/publication/509426/ppp-monitor-second-edition.pdf.
Most Active Banks in Project Finance in Indonesia, June 2018–May 2020
Name Total Project Financing Number of Transactions ($ million) (Rp trillion) JBIC 604.00 8.4 1 BNI 541.93 5.3 4 Bank Mandiri 378.51 5.2 5 ADB 375.00 4.8 3 SMBC 348.73 3.3 3 BRI 238.01 4.1 3 MUFG 293.81 3.0 3 IIF 212.72 2.8 4 Bank Central Asia 201.12 2.4 3 Intesa Sanpaolo 172.21 8.4 1 ADB = Asian Development Bank, BNI = Bank Negara Indonesia, BRI = Bank Rakyat Indonesia, IIF = Indonesia Infrastructure Finance, JBIC = Japan Bank for International Cooperation, MUFG = Mitsubishi UFJ Financial Group, SMBC = Sumitomo Mitsui Banking Corporation.
Source: https://www.inframationnews.com/country-factbook/1447302/indonesia.thtml.
Most Active Equity Sponsors in Indonesia, June 2018–May 2020
Name Total Project Financing Transactions ($ million) (Rp trillion) Marubeni 1,800.00 25.0 1 Sojitz Corporation 1,800.00 25.0 1 Pertamina 1,800.00 25.0 1 Waskita Karya 498.47 6.9 2 Jasa Marga 390.47 5.4 2 Ratchaburi Electricity Generating Holding Public Company Limited 350.00 4.9 1 Medco Energi 350.00 4.9 1 Sinohydro 257.98 3.6 1 PT Toba Bara Sejahtra Tbk 257.98 3.6 1 PT Profesional Telekomunikasi Indonesia (Protelindo) 232.19 3.2 2 PT = Perseroan Terbatas (limited liability company), Tbk = Terbuka (publically listed company).
Source: https://www.inframationnews.com/country-factbook/1447302/indonesia.thtml.
Credit Rating Agencies in Indonesia
In Indonesia, there are three credit rating agencies:
- PT Pemeringkat Efek Indonesia (PEFINDO).
- PT. Fitch Ratings Indonesia.
- PT. Kredit Rating Indonesia.6
- 6Source: Statistik Perusahaan Pemeringkat Efek Di Otoritas Jasa Keuangan - Direktorat Lembaga Dan Profesi Penunjang Pasar Modal