scholarly journals THE EXISTENCE OF ADAT LAW COMMUNITY IN PUBLIC-PRIVATE PARTNERSHIP

2020 ◽  
Vol 9 (3) ◽  
pp. 306
Author(s):  
Karina Putri ◽  
Sartika Intaning Pradhani ◽  
Hendry Julian Noor

<em>This paper aimed to elaborate the participation of Adat Law Community in Public-Private Partnership (PPP) to introduce new approach to replace compensation to more participative and collaborative scheme of infrastructure development in PPP. This article uses the normative legal research with the conceptual, statute, and case approach. This research show that releasing the land used for infrastructure development procurement will abolish the identity of the community. It have shown that failure in recognizing Adat Law Community as rightful party over their land neglects their right to entitle compensation. Furthermore, instead of economically compensating ulayat land of Adat Law Community used for infrastructure development, Adat Law Community’s participation shall be involved in infrastructure development on their land. The active participation of Adat Law Community can be exercised through placing the community as public entity in PPP. For comparison in China, the State does not pay according to market prices to farmers. However, it provides a compensation package that includes employment opportunities for farmers, housing compensation, compensation for crop loss, and / or granting a residence permit in urban areas. This make them eligible for their social welfare such as health insurance, pensions and / or retirement plans, access to high-quality schools and subsidized agricultural goods that were not previously available to farmers</em>

Author(s):  
Oleg A. Nemchinov

In the modern economy, very often there is the problem of lack of state funding in major infrastructure projects. In this regard, partnership between the public and private sectors of the economy is becoming a more effective way of solving problems related to the modernization of transport infrastructure, construction and provision of services, the development of urban areas. Especially of public-private partnership mechanism true for regional economies, where thanks to it there is a more dynamic development of local capital markets, goods and services. The study analyzed the conceptual apparatus, essence and forms of public-private partnership, identified the features and risks in the implementation of PPP projects, assessed the results of global and domestic experience in the use of public-private partnerships, developed recommendations for improving the procedures for implementing public-private partnerships in the field of development of the infrastructure of the Russian airport enterprises.


Author(s):  
Jude Mugurura ◽  
Zwelinzima Ndevu

Background: This article is based on a multidimensional empirical research study investigating aspects of the suitability of the public–private partnership environment of Uganda for road infrastructure development. The foundation of the article is the implementation of the relationship between existing legal and regulatory frameworks on the ground in Uganda.Aim: Key aspects and realities of the legal and policy frameworks that support public–private partnership, road investment projects and programmes in Uganda are examined from the perspective of a transparent, effective and efficient service delivery.Setting: A brief exposition of Uganda’s historical realities and present challenges, especially in terms of road infrastructure, an introduction of key aspects of the legal and regulatory frameworks is presented.Methods: The research is based on an exploratory research design methodology founded on a thorough literature review, exhaustive documentary analysis of primary and secondary sources and 30 interviews with senior and middle managers in the public and private sectors in Uganda. A semi-structured questionnaire was utilised.Results: The analysis of data was based on a dissection of the policies and systems as foundations of solid implementation, existing legal violations, the local private sector’s present conundrum and capacity gaps, the realities of integrity and corruption and the existing approach of citizens towards the problems and challenges.Conclusion: The lack of integrity in both the private and public sector has serious negative effects on the processes, functions, planning, designing, outputs and outcomes of infrastructure initiatives undertaken.


2019 ◽  
Vol 11 (23) ◽  
pp. 6831 ◽  
Author(s):  
Bo Zhang ◽  
Li Zhang ◽  
Jing Wu ◽  
Shouqing Wang

Local governments around mainland China initiated over 14,000 public–private partnership (PPP) projects with a total investment of 18 billion RMB in recent years, but nearly half have been withdrawn since the end of 2017, which raised wide concerns about whether PPP can contribute to the sustainable infrastructure development in urban China. In this study, we empirically investigated major factors affecting local governments’ PPP adoption, especially factors that led local governments to initiate inappropriate PPP projects. Based on a unique panel dataset of 286 Chinese cities between 2014 and 2017, the empirical findings suggested that local governments’ financial pressure was the most important factor and cities with higher off-budgetary debts or lower budgetary deficits tended to initiate more PPP projects. PPP projects initiated under off-budgetary burdens were more likely to be inappropriate and subsequently withdrawn. Based on the empirical results, we provide policy suggestions to promote sustainable PPP developments in China.


Sign in / Sign up

Export Citation Format

Share Document