scholarly journals The Loss of Object Promised in Built Operate Transfer Scheme

2019 ◽  
Vol 8 (4) ◽  
pp. 12094-12097
Keyword(s):  
Private Sector ◽  
Private Law ◽  
Infrastructure Development ◽  
Transfer Scheme ◽  
Public And Private ◽  
Points Of Interest ◽  
The Government ◽  
Business Entities

Infrastructure development requires relatively large funds. The limited funding owned by the government encourages the government to cooperate with the private sector. The collaboration scheme is known as the collaboration of business entities (PPPs) or built operate transfer (BOT) schemes both concerning public and private law. Existing regulations encourage renegotiation as an effort to find points of interest for the parties.

scholarly journals PUBLIC PRIVATE PARTNERSHIP: ALTERNATIF PEMBANGUNAN INFRASTRUKTUR DALAM NEGRI

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Fahmi Dzakky
Keyword(s):  
Private Sector ◽  
Legal Aspects ◽  
Public Private Partnership ◽  
Infrastructure Development ◽  
Literature Study ◽  
Private Partnership ◽  
Development Agenda ◽  
Private Sector Participation ◽  
The Government ◽  
Business Entities

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

Evolutionary Game Analysis of the Government Supervision and Private Sector Ecological Technology Innovation Behavior for Water Environment Treatment PPP Projects on the basis of Public Participation

2021 ◽  
Author(s):  
Huimin Li ◽  
Fuqiang Wang ◽  
Lelin Lv ◽  
Qing Xia ◽  
Lunyan Wang
Keyword(s):  
Private Sector ◽  
Public Participation ◽  
Technology Innovation ◽  
Evolutionary Game ◽  
Water Environment ◽  
Environmental Benefits ◽  
Public And Private ◽  
Government Supervision ◽  
The Government ◽  
Innovation Behavior

Ecological technology innovation with environmental benefits as the core has become an inevitable choice for water environment treatment PPP projects (WETP-PPP), and government supervision and public participation are essential driving factors for eco-technological innovation. To explore the influence of the public participation on the behavior of government and private sector in the WETP-PPP, this study constructed an asymmetric evolutionary game model of government supervision and private sector ecological technology innovation behavior under public participation. The main contribution of this study is to explore the mutual evolutionary regularity of the private sector and government supervision department and the influence of public participation level on public and private behavior in different scenarios. The results showed that the government can reduce the supervision cost by increasing the public's active participation and improving environmental regulation measures to achieve a win-win situation of economic and environmental performance.

Public-Private-Academic Cooperation as a Trust Building Mechanism

2016 ◽  
pp. 199-223
Author(s):  
Nicholas Virzi ◽  
Juan Portillo ◽  
Mariela Aguirre
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Trust Building ◽  
Public And Private ◽  
The Public ◽  
National Competitiveness ◽  
Working Together ◽  
The Government ◽  
Innovation And Entrepreneurship

The chapter will be a case study from an Ordoliberal perspective of the conception, implementation and policy output of the newly created Private Council of Competitiveness (PCC) in Guatemala, a country wracked by mistrust of the public sector by the private sector. The PCC was founded as a private sector initiative, in conjunction with academia, to work with the government to spawn new efforts aimed at augmenting Guatemala's national competitiveness, by fomenting innovation, entrepreneurship and closer ties between academia and the public and private sectors. The chapter utilizes first hand interviews with the members of the PCC and key public sector players, academics, and other top representatives from the private sector to show how working together built the trust necessary to make the PCC a successful working body with the potential to produce important initiatives in matters of competitiveness, innovation and entrepreneurship.

scholarly journals Identifying Risk Factors of Boot Procurement: A Case Study of Stadium Australia

2012 ◽  
Vol 4 (1) ◽  
pp. 11-20
Author(s):  
Marcus Jefferies ◽  
Swee Eng Chen
Keyword(s):  
Risk Factors ◽  
Private Sector ◽  
Significant Risk ◽  
Public Works ◽  
Infrastructure Development ◽  
Public And Private ◽  
Public And Private Sector ◽  
High Level ◽  
Bidding Process

Private sector input into the procurement of public works and services is continuing to increase. This has partly arisen out of a requirement for infrastructure development to be undertaken at a rate that maintains and allows growth. This has become a major challange for the construction industry that cannot be met by government alone. The emergence of Build-Own-Operate-Transfer (BOOT) schemes as a response to this challange provides a means for developing the infrastructure of a country without directly impacting on the governments budgetary constraints. The concepts of BOOT are without doubt extremely complex arrangements, which bring to the construction sector risks not experienced previously. Many of the infrastructure partnerships between public and private sector in the pastare yet to provide evidence of successful completion, since few of the concession periods have expired. This paper provides an identified list of risk factors to a case study of Stadium Australia. The most significant risk associated with Stadium Australia include the bidding process, the high level of public scrutiny, post-Olympic Games facility revenue and the complicated nature of the consortium structure.  

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
Keyword(s):  
Risk Sharing ◽  
Public Private Partnership ◽  
Government Support ◽  
Risk Allocation ◽  
Infrastructure Development ◽  
Transfer Scheme ◽  
Private Partnership ◽  
Force Majeure ◽  
The Government ◽  
High Level

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.

scholarly journals Effects of Interaction Between Government and Business Entities for Sports Infrastructure Development

2020 ◽  
Author(s):  
Anastasia Markova ◽  
◽  
Leonid Rapoport ◽  
Keyword(s):  
Public Private Partnerships ◽  
Physical Culture ◽  
Infrastructure Development ◽  
Industry Sector ◽  
Management Efficiency ◽  
Strategic Implementation ◽  
The Government ◽  
Business Entities ◽  
The Impact

This article examines the implementation of public-private partnerships in physical culture and sport, using the development of hockey infrastructure in the Sverdlovsk region as an example. The improvement of resource management efficiency in the sector of physical culture and sports is attainable on the basis of robust and business-attractive public-private partnership mechanisms for the purpose of the implementation of federal projects and programmes of developing the concerned industry sector. The research involves the following research methods: theoretical analysis, the study of scientific and methodological literature and other sources, legal and regulatory documents regarding the topic of research. The study is carried out at sports infrastructure facilities in the Sverdlovsk region, namely ice arenas built and commissioned under the Agreement between the Government of the Sverdlovsk Region and UMMC-Holding LLC. It has been noted that one of the most promising mechanisms for the development of the industry’s infrastructure is public-private partnerships. Using the example of the Agreement under consideration, some aspects of the impact of PPP implementation on the sector of physical culture and sports in the region have been analysed, namely the growth in the number of people involved in hockey in the region (people): in 2017 - 16,258, in 2018 - 22,677, in 2019 - 24,155), the number of functioning ice arenas: starting from 2017 (the beginning of the implementation of the Agreement), 11 ice facilities were built and commissioned in the Sverdlovsk Region, 7 of which were implemented under the Agreement. (the beginning of the Agreement), 11 ice arenas were built and commissioned in the Sverdlovsk Region, of which 7 were built under the Agreement. Efficiency in terms of the promotion of a certain sports discipline at a regional level, and in terms of increasing the number of sports practitioners is attainable through the systematic, strategic implementation of development areas, and is dependent on long-term cooperation.

scholarly journals What are the Crisis and Issues of Governance in Pakistan? An Analysis

2020 ◽  
Vol 3 (1) ◽  
pp. 53-59
Author(s):  
Malik M. Hafeez ◽  
Rais Nouman Ahmed ◽  
Muhammad Danyal Khan ◽  
Muhammad Asif Safdar
Keyword(s):  
Private Sector ◽  
Social Services ◽  
Rule Of Law ◽  
Equal Opportunity ◽  
Good Governance ◽  
Policy Decision ◽  
Public And Private ◽  
The Government ◽  
Public And Private Sector ◽  
Administrative Structures

Governance is quite distinguishable from the government that deals with executive, its mode of appointment or election, state institutions and their functioning powers that are documented in constitution and laws there under while governance deals with policy, decision-making and government's effectiveness. Government has constitutional and legal duties and limitations in dealing with civil society, media, press and private sector. Government owes responsibility of the development of undeveloped areas and facilitates the residents to have equal opportunity, rule of law, standardized education and health services, employment opportunities, maintain security, law and order of the country. Whereas, governance deals with principles of solutions to the problems of the public and private sector. Good governance ensures socio-economic stability, rule of law, meritocracy and welfare of citizens through social services and developments.  Both government and governance work together to deal with political and administrative structures as well as establishment of cooperative network and connection between the different sectors of the state to resolve the shared public disorders, complications and problems however, good governance is the prerequisite for administrative, political, socio-economies solutions and human development. This paper will explore the elements of good governance and identify the issues of governance in Pakistan with conclusion of proposed solutions.

scholarly journals The Impact of Privatization of IDBI Bank in Indian Economy

2020 ◽  
Vol 3 (12) ◽  
pp. 59-63
Author(s):  
Vishal Kumar ◽  
Soumak Ganguly ◽  
Payal Ghosh ◽  
Manisha Pal
Keyword(s):  
Private Sector ◽  
Banking Sector ◽  
Financial Statement ◽  
Government Control ◽  
Public And Private ◽  
The Public ◽  
The Government ◽  
Public And Private Sector ◽  
The Impact ◽  
Share Value

Privatization refers to the public shares and Assets which are sold to the private sector in the economy. It decreases the power of government control and creates the other policies method. Privatization leads to cutting short the capital and revenue expenditure, which leads to an increase in share value in the market. During the pre-privatization period, the government used to pay less amounts of dividends to its shareholders due to its complex cost structure. Privatization leads to cutting short the capital and revenue expenditure, which leads to an increase in share value in the market. It also gave information about Public and Private sector banks. Our objective is to compare the pre and post-privatization performance like other banks of developing countries shows that privatization resulted in significant gains in profitability and efficiency. To evaluate the impact of privatization in the Indian banking sector and the relationship between privatization and Indian Economic growth by using a case study of IDBI bank condition of Indian private sector banks is analyzed using the financial statement of IDBI Bank with the help of different research methodologies.

scholarly journals LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Yuridika ◽  
2017 ◽  
Vol 32 (3) ◽  
pp. 521
Author(s):  
Reifon Cristabella Eventia
Keyword(s):  
Private Sector ◽  
Development Project ◽  
Regulatory Control ◽  
Infrastructure Development ◽  
Legal Norms ◽  
Legal Principle ◽  
State Governance ◽  
The Government ◽  
And Performance ◽  
Principle Of Proportionality

Build, Operate and Transfer (BOT) represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms. 

Abridgment of Traditional Procurement and E-Procurement: Definitions, Tools and Benefits

2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Noraizah Abu Bakar ◽  
Konrad Peszynski ◽  
Nurdiana Azizan ◽  
Veera Pandiyan Kaliani Sundram
Keyword(s):  
Private Sector ◽  
Rural Areas ◽  
Significant Contribution ◽  
Public And Private ◽  
Procurement Process ◽  
Electronic Procurement ◽  
The Government ◽  
Apparent Shift ◽  
Public And Private Sector ◽  
Use Of Internet

The main aim of this paper is to contribute to our understanding of traditional procurement and electronic procurement process. Through the study of the literature, this paper concentrates on the traditional procurement and e-procurement from the perspectives of its definitions, tools and benefits. Considering the apparent shift from traditional procurement to an electronic procurement environment, public and private sector agencies worldwide can improve their procurement process, with the use of Internet-based technologies to procure goods and service. As stated by Neef (2001), if there is one sector in the economy where e-procurement can and will have an enormous effect, it is in the government. Thus, this paper makes a significant contribution to e-procurement field in rural areas development studies and research. 

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