scholarly journals PRINSIP PROPORSIONALITAS DAN GOVERNANCE TERHADAP ALOKASI DAN TRANSFER RISIKO DALAM SKEMA KERJASAMA PUBLIC-PRIVATE PARTNERSHIP (PPP)

Yuridika ◽  
2017 ◽  
Vol 32 (3) ◽  
pp. 541
Author(s):  
Yuniarti Yuniarti ◽  
Fifi Junita

The high level of Foreign Direct Investment (FDI) is also supported by the availability of infrastructure to the remote area where the investment will be implemented. However, with limited funds from both APBN and APBD, infrastructure development can not be fully done by the government. Therefore, the government will cooperate with the investor (private) in the implementation of infrastructure development known as public private partnership. The main problem in implementing PPP is the allocation of risk to PPP projects. The different bargaining positions between the government and the private sector resulted in the fact that most of them impose risks on private parties (private). Implementation of PPP is closely related to the emergence of various risks including and not limited to regulatory risks, force majeure, etc. If there is no risk allocation arrangement proportionally based on governance principles, it weakens the pattern of PPP cooperation in Indonesia. PPP as one form of risk sharing in infrastructure investment should not release the role and government support to private parties / investors. Even in practice, PPP implementation in Indonesia only relies on BOT (Build Operate and Transfer) scheme which is expected to minimize government support in project implementation. This will ultimately lead to project failure.

2016 ◽  
Vol 16 (2) ◽  
pp. 42-55 ◽  
Author(s):  
Afeez Olalekan Sanni

The implementation of public private partnership (PPP) procurement method is expected to help governments in the development of infrastructures and provides an opportunity for the reduction in the governments’ debt profiles. This method has been adopted in Nigeria for more than a decade and with these years of implementation, few infrastructural projects have been developed using this method while some have been unsuccessful. This study aims to examine the PPP projects implementation in Nigeria and identify the most critical factors that could determine the success of such projects. A total of 184 questionnaires were received from public and private sectors’ participants in the implementation of PPP projects. An exploratory factor analysis identified seven critical success factors as projects feedback, leadership focus, risk allocation and economic policy, good governance and political support, short construction period, favourable socio-economic factors, and delivering publicly needed service. This study shows that more developmental projects could be delivered through PPP if the government could focus on these main factors in the implementation process. The result will influence policy development towards PPP and guide the partners in the development of PPP projects. 


Author(s):  
Даниїл В. Лапоног

The article seeks to provide insights into contemporary research in public-private partnership development in the road transport market. The study reviews a range of world public-private partnership best practices which demonstrate that effective interaction between government and business at different levels (national, subnational and regional) allows to attract and allocate investment resources more effectively, thus contributing to creating new jobs, promoting better infrastructure development and enhancing the overall quality of life in the country. It is argued that among the key factors boosting the public-private partnership market development the most significant is the level of institutionalization. It is also asserted that this factor, in combination with the relevant political environment and the capital market specifics, facilitates building successful partnerships. Moreover, government initiatives together with legal and regulatory interaction frameworks shape solid foundation to encourage further public-private partnership development by gaining positive effects from successful implementation of such partnerships, designing roadmaps and unified standard procedures and processes aimed at simplifying the relationships between the private sector and the government. Apart from the above, it is highlighted that the institutional factor aligned with the government strategic goals affects the formation and legitimation of public-private partnership markets. The study also provides argument that through the models of public-private partnerships the public sector can benefit, in the first place by utilizing resources of private companies, thus fostering further infrastructure development and raising the effectiveness and efficiency of road transport services market. The findings reveal that the purpose of public-private partnership programs institutionalization in the sector of road transport services is to enhance government motivation to attract private investment and offer new road network services based on public-private partnership contracts which will contribute to ensure the quality of road services.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Hongyu Jin ◽  
Shijing Liu ◽  
Jun Li ◽  
Chunlu Liu

PurposeConsidering there is a lack of research in determining the optimal levels of government guarantee and revenue cap, the objective of this research is to determine their optimal levels to achieve a reasonable financial risk allocation between governments and private investors while avoiding overly lucrative conditions for private investors.Design/methodology/approachExpanded net present value (NPV) analysis and bargaining game theory are employed to construct the core of the determination process. The risk gap between governments and private investors is assessed via an expanded NPV analysis to see if the financial risk has been shared reasonably, based on which the range of the government guarantee is decided. A bargaining model is then created to help locate the optimal level of the government guarantee. Finally, a revenue cap, often combined with the government guarantee in public–private partnership (PPP) agreements, will be determined if overly lucrative conditions for private investors are observed or governments suffer a risk spillover.FindingsReferring to a real PPP project in Australia, Project BA is created to validate the applicability of the proposed determination process. The outcome shows that the proposed determination process in this paper is capable of determining the optimal levels of government guarantee and revenue cap. The government preferences towards risk allocation will influence the values of the optimal levels. Governments may also consider to alleviate the control over investors' net profits to mobilise private investors into PPP projects.Research limitations/implicationsThere is a potential possibility that the revenue cap fails to control the financial risk for governments or the overly lucrative condition for private investors. In other words, even though the revenue cap is set at the minimal level, the financial risk for governments still beyond their tolerance range or the overly lucrative condition for private investors still occurs. Future research may focus on other financial protective schemes which help to better control the financial risks for governments and profits for private investors.Originality/valueGovernment guarantees are frequently used as an investment incentive to reduce the probabilities of suffering loss for private investors. Nevertheless, the financial risks for governments may increase after providing guarantees and, as a result, revenue cap is required by governments to avoid placing themselves in an unprotected situation. By recognising the importance of the two contractual parameters, many scholars dig into their option values. However, there are very rare research works focussing on the method of determining the specific levels of government guarantee and revenue cap. To overcome the limitations of existing models and enrich the methodology for government guarantee and revenue cap determination, this paper contributes to the body of knowledge by developing a government guarantee and revenue cap determination process which contributes to a reasonable allocation of financial risks between governments and private investors.


2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Fahmi Dzakky

Sebagai regulator dan fasilitator proyek infrastruktur Indonesia, Pemerintah telah mengundang partisipasi sektor swasta melalui pengaturan Public Private Partnership (PPP) atau yang dikenal juga dengan Kerjasama Pemerintah dengan Badan Usaha (KPBU). Kemitraan Pemerintah-Swasta umumnya dicirikan oleh entitas sektor swasta yang mengumpulkan dana untuk membangun aset yang dibutuhkan oleh Pemerintah, dan menyediakan fasilitas atau layanan sebagai imbalan aliran pendapatan kontraktual dari Pemerintah atau pengguna. Hal ini disebabkan PPP dikatakan efektif untuk dijadikan alternatif pembangunan infrastruktur di dalam negeri. Tulisan ini akan menganalisis mengenai eksistensi PPP sebagai unsur alternatif pembangunan infrastruktur di Indonesia, dilihat dari aspek hukum dan implementasinya. Metode yang digunakan adalah metode penelitian hukum normatif dengan menggunakan studi kepustakaan. Adapun hasil yang diperoleh adalah Pemerintah harus berupaya untuk dapat meningkatkan kualitas kontrak dan perbaikan skema PPP sehingga dapat menarik investor turut membantu pemerintah pada agenda pembangunan infrastruktur dalam negeri.Kata Kunci: PPP, infrastruktur, pembangunanABSTRACTAs the regulator and facilitator of Indonesian infrastructure projects, the Government has invited private sector participation through the regulation of Public-Private Partnership (PPP) or also known as Government Cooperation with Business Entities (KPBU). Government-Private Partnerships are generally characterized by private sector entities that raise funds to build assets required by the Government and provide facilities or services in exchange for a contractual revenue stream from the Government or users. This is because PPP is said to be effective to be an alternative to infrastructure development in the country. This paper will analyze the existence of PPP as an alternative element of infrastructure development in Indonesia, judging by the legal aspects and its implementation. The method used is normative legal research method using literature study. The result obtained is that the Government should strive to be able to improve the quality of contracts and improve PPP schemes to attract investors to help the government on the domestic infrastructure development agenda. Keyword: PPP, infrastructure, development


2021 ◽  
Vol 8 (6) ◽  
pp. 531-540
Author(s):  
Lydia Natalia ◽  
Nanny Dewi Tanzil ◽  
Prima Yusi Sari

Public-Private Partnership (PPP) is one of the schemes that have inspired many countries in infrastructure development. One of the most discussed PPP topics by researchers is the concept of Critical Success Factors (CSF). Therefore, this study examines CSF publications for PPP projects from selected journal sites from 2000-2019. The results showed that research on CSF in PPP began to increase in 2012. The most identified CSFs were appropriate risk allocation and sharing, competitive and transparent procurement processes, favorable and efficient legal frameworks, commitment and responsibility of the public and private sectors, and a robust and reliable private consortium. Furthermore, it was also found that most countries that were the objects of research on PPP CSF were China, followed by Hong Kong and Australia. The results also show that the dominant research focuses on multi-sector types of infrastructure where CSF can be applied to all infrastructure sectors. The findings obtained in this study can provide an overview of CSFs for projects with PPP schemes in the future. Besides, the identified CSFs can be applied to any PPP infrastructure sector. They can assist stakeholders in increasing the likelihood of PPP project success and can be adopted for further research


2019 ◽  
Vol 9 (1) ◽  
pp. 17 ◽  
Author(s):  
Hadi Sarvari ◽  
Alireza Valipour ◽  
Nordin Yahya ◽  
Norhazilan MD Noor ◽  
Michael Beer ◽  
...  

The complexity of public–private partnership (PPP) projects ensures that risks could emerge and spread in unpredictable ways if they are not well identified and managed. The emergence of PPP projects has brought major changes in the construction industry, the most notable being in procurement methods influencing risk allocation to private parties. Thus, it is crucial to have an effective risk management for public and private partners to eliminate or minimise risks. Formulating an effective risk management system is a crucial challenge faced by both of parties in order to minimise or optimise risks. The aim of this study was to investigate the process of risk identification of private partners in Malaysian PPP projects. Data were collected throughout a 2-month period using a survey with a sample of nine Malaysian companies engaged in PPP projects, and the survey results were analysed using mean scores. The findings indicate that due to a lack of knowledge and experience of Malaysian private partners in the risk identification process, a comprehensive database for risk identification is highly necessary for the private sector. Another issue emerging from the findings is that it may be reasonable to use a combination of risk identification tools for PPP projects with a high level of complexity. The findings of the present study can greatly assist public and private partners to select the most appropriate tools for risk identification at the early stages of PPP projects.


Vestnik NSUEM ◽  
2021 ◽  
pp. 35-45
Author(s):  
S. D. Nadezhdina ◽  
N. I. Voronina ◽  
L. M. Pyankova

The authors consider public-private partnership as one of the mechanisms allowing the transformation of the territorial infrastructure and analyze the problems and new solutions for its development.The article reveals the specific tasks and forms of public-private partnership and the main directions of its development.The article identifies the main factors that have a positive effect on the development of regional infrastructure in the format of public-private partnership and the principles of the emergence of such partnership.The study of the foreign practice of the alliance of business and the government made it possible to formulate problems that hinder the development of public-private partnership in our country.This development could facilitate the adoption of a set of measures to ensure the interests of the state and society, as well as the interests of entrepreneurs as subjects of public-private partnership. The authors used general scientific cognition methods and generalization techniques in the process of the research.The results of the research can be used as recommendations for the development of the regional economy in the framework of public-private partnership projects.


2018 ◽  
Vol 147 ◽  
pp. 06001 ◽  
Author(s):  
Adrianto Oktavianus ◽  
Iris Mahani ◽  
Meifrinaldi

In developing countries, the government which has limited budget for public infrastructure development should choose which infrastructure should be developed. Most countries decided to build more economic infrastructure than social infrastructure because former have direct economic impact for society. The involvement of private sector in public infrastructure financing has been accomplished for decades in the form of Public Private Partnership (PPP). However, the implementation is also more often for economic infrastructure, but some countries have started to implement PPP for social infrastructure (education, healthcare, care of the elderly, etc.) when they think to add human capital and improve quality of life. This study attempts to review a set of public private partnership implementation models relevant for social infrastructure development in some countries. Moreover, this study also more explores to the challenges and issues in different areas of social infrastructure. The outcome is to show a trend public-private partnership for social infrastructure in some successful projects from different countries. The challenges and issues about implementation public-private partnership for social infrastructure also be a part of the results from this study. Finally, the study has a valuable input for implementation of PPP on social infrastructure in Indonesia.


Author(s):  
Zeferino Soares Lopes ◽  
Fredy Kurniawan ◽  
Julistyana Tistogondo

Public - Private Partnership (PPP) offers many potential benefits for the government in providing infrastructure facilities. However, the implementation of the Public Private Partnership project is not easy. Infrastructure Development is one of the development priorities in developed and developing countries, including Timor-Leste. As one of the priorities of national development, cost limitations are the main problem faced by the government. Therefore, to overcome the lack of funding, the government can involve the private sector in terms of providing funds to finance the construction of infrastructure facilities.The Government of the Democratic Republic of Timor-Leste (RDTL) must have good regulations to achieve the goals of Timor-Leste in the future through cooperation between the government and the private sector. Good regulation is one of the best ways for good cooperation between the government and the private sector.In this study, the chosen location is the Tibar Bay Port in Timor-Leste. Based on the results of research that has been done, infrastructure development efforts do not have to rely on the Timor-Leste government as a single actor, the involvement of other parties such as the private sector is also needed for infrastructure development. The Government of Timor-Leste is fulfilling a big dream for the the future through the development of infrastructure in accordance with the strategic development plan for 2011-2030 to come, because the Government of Timor-Leste prepares a bright future for a country to become a developed country like other countries.


2021 ◽  

The public–private partnership (PPP) market in Papua New Guinea is at a nascent stage. The country has witnessed six financially closed projects with an investment of $433 million and predominantly in the energy sector. The small number of PPPs stems from the lack of a robust enabling framework, limited public sector capacities to design and manage PPPs, and constrained ability of the government to fund infrastructure development. Realizing the critical role of PPPs in helping achieve the country’s infrastructure investment target, the government is implementing the PPP Act of 2014 and setting up enabling institutions to increase financing and investment opportunities.


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