KPPIP Achievement – SEMESTER 1 2017 (Januari – Juni 2017)
A. Support for Project Preparation
Outline Business Case (OBC) of Bitung International Hub Port (PHI)
One form of KPPIP’s support at the preparation stage in the development of Bitung International Hub Port is coordinating and facilitating the OBC prepared for Bitung PHI. The OBC of PHI Bitung is aimed at formulating synchronization and integration of Bitung PHI development with the existing port in Bitung, Bitung SEZ (KEK), and Lembeh Island as well as giving recommendation on regional development, alternative institutional pattern, and the optimum funding scheme.
KPPIP provides facility to design Terms of Reference (KAK) for procurement of OBC consultants by soliciting input from the stakeholders, in particular the Ministry of Transportation. In order to ensure that the OBC is acceptable to the market, OBC for PHI Bitung is prepared by referring to KPPIP’s OBC quality guidelines, yet adjustment will be made in compliance with Regulation of the Minister (Permen) Bappenas Number 4 of the Year 2015 on the Procedure for Public-Private Partnership in Infrastructure Delivery, if the outcome of the recommendation on the funding scheme for Bitung PHI indicates the formation of Public-Private Partnership (PPP).
In April 2017, KPPIP invited tender for procurement of consultants to prepare OBC for PHI Bitung with Owner Estimate (HPS) of Rp 9.4 Billion. Procurement of consultation service finished in May 2017 and the selected bidder is the consortium of PT Mott MacDonald Indonesia, PT Deloitte Konsultan Indonesia, and PT Hanafiah Ponggawa & Partners. OBC of PHI Bitung prepared by the consortium of consultants is expected to finish in December 2017.
Masterplan of Patimban Port Intermoda
In order to ensure that the development plan for Patimban Port is inter-sectoral, KPPIP invited tender to the value of Rp 5.3 billion to draw up masterplan for highway and railway infrastructure to support integration of Patimban Port intermoda.
The masterplan prepared will result in recommendation for integrated infrastructure development plan including but not limited to national road, toll road and railroad tracks and by taking account of demand and easier access to Patimban Port as well as its synergy with the existing transportation infrastructure.
KPPIP has conducted consultation on Terms of Reference (KAK) and received inputs from the stakeholders including the Ministry of Public Works and Public Housing (PWPH) and the Ministry of Transportation. The designing of the masterplan started in June 2017 and is expected to finish in 2017.
B. Determination of Project Funding Scheme
Jakarta, Bogor, Depok, and Bekasi LRT
Light Rail Transit (LRT) Jabodebek is a railway project development of which has been assigned to PT Adhi Karya under Article 3 of the Presidential Regulation No. 65 of the Year 2016 on Amendment to the Presidential Regulation No. 98 of the Year 2015 on Acceleration of Integrated Light Rail Transit in Jakarta, Bogor, Depok and Bekasi. On 3 May 2017, the Government issued the Presidential Regulation Number 49 of the Year 2017 on the Second Amendment to the Presidential Regulation Number 98 of the Year 2015. Regulations concerning payment scheme for the development of facility under the Presidential Regulation Number 49 of the Year 2017 are as follows:
- Payment for the development of LRT facility is made using the budget of the Ministry of Transportation and/or PT KAI.
- If payment is made via PT KAI, the Government assigns PT KAI to conduct the operation, maintenance, management, and funding of facility procurement.
- In order to accelerate the utilization of facility development, the Government assigns PT KAI to operate LRT Jabodebek facility and to run automatic ticketing system.
- In order to improve the affordability of LRT Jabodebek tariff, the Government provides subsidy/aid in the form of Public Service Obligation (PSO).
In order to identify payment scheme for the development of the most basic facility for the State’s fiscal situation, KPPIP has conducted simulation to calculate fiscal burden of each return scheme, including subsidy for tickets needed to be provided throughout its operation. The returning scheme referred to encompasses:
- Direct return according to achievement of infrastructure development using (1) direct State Budget’s fund
(2) loan from multilateral institutions
(3) loan from domestic banking syndicate
(4) loan from PT Sarana Multi Infrastruktur .
- Gradual returns using the budget of the Ministry of Transportation or the Ministry of Finance
- Return with return on investment scheme
KPPIP has submitted its recommendation for payment scheme and estimated need for PSO to the Minister of Finance to be taken as one of the considerations in determining payment scheme to PT Adhi Karya for the infrastructure development of LRT Jabodebek.
Semarang Barat Drinking Water Supply System (SPAM)
West Semarang DWSS (SPAM) is a pilot project under the PPP scheme for cities in Indonesia. Project preparation included the determination of the funding scheme. In November 2016, the Minister PWPH sent letter No. PR.01.03-Mn/1096 regarding Operational Scheme for West Semarang DWSS (SPAM) to the Coordinating Minister of Economic Affairs to ask for guidance on the funding scheme for West Semarang DWSS (SPAM) project.
In response to the letter, DWSS (SPAM) development at the Ministry of PWPH, the City Government of Semarang, PDAM Kota Semarang, and PT IIF as the parties publishing Pre- Feasibiltiy Study of West Semarang DWSS (SPAM) in 2014. Based on the study conducted on technical and financial aspects, KPPIP and the stakeholders agreed on a PPP scheme as the funding scheme for West Semarang DWSS (SPAM) project.
The approval granted by the stakeholders is confirmed by the issuance of the letter from the Coordinating Minister of Economic Affairs to the Minister of Public Works and Public Housing (PWPH) No. S-55/M.EKON/03/2017 on 2 March 2017 containing decision that West Semarang DWSS is supported by adopting PPP funding scheme in accordance with the guidance given by the President of the Republic of Indonesia to involve private parties in infrastructure development as long as it is possible.
Project preparation is then continued by determining Semarang Regional Drinking Water Company (PDAM) as the GCA pursuant to Government Regulation No. 122/2015 and Ministerial Regulation No. 19/2016, and the provision of project development fund facility by the Ministry of Finance for West Semarang DWSS project in order to accelerate its preparation.
Kuala Tanjung International Hub Port
Following up the result of OBC prepared for Kuala Tanjung International Hub Port in December 2016, KPPIP has distributed the OBC documents and the result of discussions on it with the stakeholders at central and regional level. The recommendations offered in OBC can be carried out to determine the optimum funding scheme and to prepare infrastructure development plan in North Sumatera.
Based on the results of the analysis, the funding scheme offered is landlord scheme. This scheme allows a one-way chain of command for the development of Kuala Tanjung International Hub Port covering port area, port terminal and industrial zone. The bidding mechanism for Business Entity in every area will be further decided by the landlord so it will be open to the implementation of PPP scheme or assignment of SOE considering its >14% return on investment. The implementation of this landlord scheme allows the Government to provide support in terms of land procurement which covers port area, port terminal and industrial zone and whose management throughout the concession will be given to the successful bidder.
Given the scope offered is bundling of port area, port terminal and industrial zone, Memorandum of Understanding/MoU needs to be prepared to determine the landlord between the Ministry of Transportation and the Ministry of Industrial Affairs; the Ministry of Transportation will act as the landlord and the Ministry of Industrial Affairs continues to have authority over issuance of permits for the development of industrial zone. Based on the results of Committee Meeting held in June 2017, a further discussion is needed at technical level to agree on the follow-up for project preparation.
Financial Close of Palapa Ring Broadband East Package
Palapa Ring Broadband project is divided into three packages, namely West, Central and East Packages. In mid-2016, West and Central Packages reached financial close. The financing of this project is sourced from syndicate of banks comprising PT Bank BNI (Persero), Bank Papua, Bank Maluku Malut, Bank Sulselbar, and Bank ICBC Indonesia. Total financing obtained from this syndicate of banks amounts to Rp4 Trillion or around 80% of project investment, which is Rp5.1 Trillion.
Following the financial close, the project covering 35 Districts/Cities in East Nusa Tenggara, Maluku, Papua and West Papua is expected to complete its construction within 18 months to allow its operation to start in September 2018. Becaues it is part of priority projects, KPPIP conducts monitoring of the projects’ progress with the Minsitry of Communication and Informatics (Kominfo), the Ministry of Finance, PT Sarana Multi Infrastruktur, and PT Penjaminan Infrastruktur Indonesia.
C. Monitoring and Debottlenecking of Projects
Issuance of Environmental Permit for Patimban Port
In order to meet the administrative prerequisite for foreign loan application to the Japanese Government through JICA, one of the requirements the Indonesian Government needs to meet through the Ministry of Transportation is the issuance of Environmental Permit. Its late issuance can delay the application process for foreign loan which can lead to the delay in the implementation of the project.
In order to prevent late issuance of Environmental Permit, KPPIP puts in effort to decide on the acceleration steps which are consulted beforehand and approved by the stakeholders, in particular the Ministry of Environment and Forestry.
KPPIP ensures that the completeness of documents and the quality of the content of EIA Documents are in line with the requirements for the issuance of Environmental Permit in order to prevent any delays due to repeated revisions.
Consequently, evaluation process of EIA Documents and completeness of other documents can be dealt with quickly by the Ministry of Environment and Forestry. The result is the issuance of Environmental Permit on 28 February 2017 and the application for foreign loan can be filed according to the project completion time as previously targeted.
Issuance of Regulation of the Governor of DKI Jakarta No. 53 of 2017 on Assignment of PT MRTJ in the Operation of Facility and Infrastructure for MRT
The development of Phase I of South – North Jakarta MRT started in August 2013, and until April 2017 the construction progress of Phase I had reached 57.27%. However, although the construction has started, agreement between PT MRT Jakarta and the Provincial Government of DKI Jakarta on the governing of PT MRT Jakarta’s rights and obligations in the operation of the Facilities and Infrastructure of MRT has not been executed.
To solve this problem, KPPIP supports coordination between PT MRT Jakarta and the Provincial Government of DKI Jakarta as well as other related stakeholders to discuss the content of the draft Governor Regulation that will govern the assignment of PT MRT Jakarta in the operation of Facilities and Infrastructure of MRT. One of the inputs provided by KPPIP is the sustainable financial structure in the operation of Facilities and Infrastructure of MRT. The concept of this sustainable financial consists of farebox revenue, cost projection, non-farebox revenue, and Government contribution.
The result is Governor Regulation Number 53 of the Year 2017 on the Assignment of PT MRT Jakarta in the Operation of Facility and Infrastructure for Mass Rapid Transit promulgated on 25 April 2017. However, the detailed arrangement for the rights and obligations of PT MRT Jakarta and the Provincial Government of DKI Jakarta concerning the assignment of the operation of MRT’s Facility and Infrastructure in partnership agreement is being drawn up.
Issuance of Recommendation Letter concerning Conformity with RDMP Cilacap’s Spatial Plan
At the beginning of 2017, Cilacap RDMP encountered obstacles in its EIA process. The EIA is a critical part of a project’s preparation stage, in particular the issuance of Environmental Permit, which is a prerequisite for the issuance of Location Permit. PT Pertamina expects that the Environmental Permit will have been issued before groundbreaking which is initially predicted to be in July 2017.
Conformity with spatial plan, and permits for facilities are parts of the requirements to start assessment of environmental documents, issuance of Environmental Permit, and Permit for Determination of Location. Actions to deal with issues of non-conformity with spatial plan and the unavailability of permits for national road diversion are needed in Cilacap Oil Refinery revitalization. The Spatial Arrangement in Regional Regulation of Kabupaten Cilacap No. 9 of the Year 2011 on the Regional Spatial Plan of Kabupaten Cilacap Year 2011-2031, part of Cilacap RDMP is located in the area designated for non-industry. In addition, part of the expansion area of Cilacap RDMP will also lie on a lane now used as a national road.
In order to expedite issues of non-conformity with spatial plan and diversion of national road groundplan, KPPIP facilitates coordination in adjusting the spatial plan and obtaining approval for national road relocation. Discussion Meeting held on 22 March 2017 on Conformity of Spatial Plan with RU IV Cilacap RDMP Development Plan was chaired by the Assistant Deputy of Spatial Plan and Economic Strategic Zone of the Coordinating Minister of Economic Affairs and involved all related Ministries/Government Agencies.
The meeting resulted in a decision that in principle and under complementary hierarchy, the location planned for the development of Cilacap RDMP has conformed with the Regional Spatial Plan of Central Java and of Kabupaten Cilacap to allow assessment of environmental documents, issuance of Environmental Permit, and permits for determination of location. The result of the meeting is used as the basis for the issuance of letter No. 149/200/IV/2017 concerning Conformity of RU IV Cilacap RDMP Development Plan with the Spatial Plan on 27 April 2017 by the Directorate General of Spatial Plan, the Ministry of AASP/Land National Agency to the Governor of Central Java which reinforced the result of the meeting held on 22 March 2017.
The first meeting involving several parties related to diversion of national roads in particular PT Pertamina, the Directorate General of Bina Marga, and the Ministry of Public Works and Public Housing (PWPH) was held on 3 April 2017. Following the bilateral coordination between PT Pertamina and the Directorate General of Bina Marga, letter No. TN 13.03. Db/369.1 on the Approval for Principles of National Road Relocation in Kabupaten Cilacap was issued on 27 April 2017 by the Directorate General of Bina Marga.
Following the issuance of both letters, the EIA process started by the issuance of SK No. SK.22/PKTL/PDLUK/ PLA.4/4/2017 from the Director General of Forest Planology and Environmental Governance of the Ministry of Environment and Forestry on Terms of Reference on Envinronmental Impact Analysis (KA-ANDAL). The EIA will be followed by EIA meeting in mid-2017 which will continue with the issuance of the Environmental Permit.
Settlement of Land Procurement for Central-West Java Transmission Line
Land procurement for Central-West Java Transmission Line started in 2016. Until May 2017 the progress of land acquisition for Tanjung Jati – Tx (Ungaran – Pedan) had reached 54%, wheras for Tx – Mandirancan- Indramayu- Cibatu Baru had only reached 8%. In land procurement process for this project, a number of obstacles encountered include the Extension of the Location Determination Permit for the sections in Central Java which has expired and difficulties in the procurement process of Village-Community-Owned Land. Both issues do not only prevent land procurement process but also slow down the construction of tower foundations. In order to promote the acceleration of the project, KPPIP and the Secretariat of the Vice President will hold a regular coordination meeting with stakeholders to conduct debottlenecking of problems encountered. On 20 April 2017, KPPIP organized a coordination meeting chaired by the Assistant Deputy of Energy Infrastructure of the Coordinating Ministry of Economic Affairs which also involved the related Ministries/Government Agencies.
The result of the meeting is first the issuance of Letter No. S-42/D.III.M.EKON/05/2017 by the Deputy of Coordination of the Management of Energy, Natural Resources and the Environment to the Director General of Land Procurement of the Ministry of Agrarian Affairs and Spatial Plan/National Land Agency concerning Application for Recommended Discretion over Extended Permit for Location Determination.
The issuance of the letter is aimed at providing recommendations for exemption from Law No. 2 of the Year 2012 from the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency to the Governor of Central Java to allow renewal of Extension of Location Determination Permit. The support provided by KPPIP, Secretariat of the Vice President, and the relevant Ministries/Government Agencies result in Letter of Exemption for Extended Permit for Location Determination which will be signed by the Minister of Agrarian Affairs and Spatial Planning.
The second result of the meeting is the issuance of Letters No. S-41/D.III.M.EKON/05/2017 Desa from the Deputy of Coordinated Management of Energy, Natural Resources and Environment to the Governor of Central Java concerning Request for Follow-up on Procurement of Village-Community- Owned Land. The purpose of issuing the letter is to enable the Provincial Government of Central Java to bridge law on land procurement and asset management of Village-Community- Owned Land (Tanah Kas Desa) so that procurement process for Village-Community-Owned Land can take place regularly.
The issuance of both letters is expected to lead to a smooth running and punctual land acquisition and development of Tower Foundations for Central-West Java Transmission Line.
Completion of the Study on the Indicated Funding Scheme for Jakarta Sewerage System
In order to carry out the mandate of Presidential Regulation No. 75 of the Year 2014 on Acceleration of Priority Infrastructure Delivery, KPPIP has identified the zones within Jakarta Sewerage System (JSS) which have the potential to adopt Public-Private Partnership (PPP) scheme. KPPIP provides the facility to grant the request of Water Resources Office (Dinas Sumber Daya Air) of the Provincial Government of DKI Jakarta in a letter concerning Request for Assistance in Gap Study and Feasibility Study on JSS on 1 September 2016, and the result is expected to provide an indication as to which zones are to be prioritized for preparation after Zone 1 and Zone 6 which are in progress.
The identification is focused on PPP potential considering budget constraints faced by the Central Government and the Provincial Government of DKI Jakarta to develop infrastructure using fiscal financing when JSS development, which is a prerequisite for Tanggul Laut Jakarta, can no longer be delayed. Identification is facilitated by the aid provided by Indonesia Infrastructure Initiative (IndII) who appointed Mott MacDonald consultant to conduct scoping study.
The scoping study concludes that JSS Zone 2, 5, 8, 9, and 4+10 have the potential to adopt PPP scheme because these zones demonstrate a quite high financial feasibility based on its potential revenue calculated using gross floor area method. JSS zones other than the ones mentioned above need to be financed by the State Budget or Regional Budget because they are considered to have a lower financial feasibility making them unattractive to be offered to private parties. Prioritization of the above-mentioned JSS zones requires further evaluation and adjustment to prioritization of zones needed to support Jakarta Sea Wall project.
The study has been submitted to Regional Development Planning Agency (Bappeda) and Water Resources Office (Dinas Sumber Daya Air) of the Provincial Government of DKI Jakarta who will follow up by conducting prioritization of JSS zones in June 2017 and involving other stakeholders in the process. The result of prioritization will be available in July 2017.
Service Level Agreement (SLA) for Three Additional Sections of Trans Sumatera Toll Road
With reference to the Letter of the Minister of Public Works and Public Housing Number KU.0901- Mn/784 dated 23 August 2016 on Operation of Trans Sumatera Toll Road to the President Director of PT Hutama Karya (Persero), the Minister of Public Works and Public Housing appointed PT Hutama Karya (Persero) to build three additional sections in stages to Trans Sumatera Toll Road, namely Aceh-Medan Toll Road, Padang-Pekanbaru Toll Road, and Tebing Tinggi-Parapat Toll Road.
As a result of the addition of sections, adjustment to the existing SLA is required to accommodate the addition by the Regional Government which also requires involvement of other governors, namely the Governor of West Sumatera and the Governor of Aceh.?As a follow-up to this matter, KPPIP plays an active role in coordinating the drawing up of the revised documents and also the stakeholders involved. As an initial step, KPPIP formulates strategies and conducts analysis of the various options related to adjustment to this SLA. In addition, KPPIP also holds discussion on the substance of the revised SLA. Based on the result of the discussion that has been held, it is agreed that adjustment to SLA will be made by:
- Revising the existing SLA thoroughly and covering revision based on Presidential Regulation No. 117 of the Year 2015 and asking all parties involved both the existing and new ones for re-signing.
- “6 Parties” SLA is drawn up concurrently which will only bind the Ministry of Finance, the Ministry of Public Works and Public Housing (PWPH), the Ministry of SOE, the Provincial Government of Aceh, the Provincial Government of West Sumatera, and PT Hutama Karya (Persero) without nullifying the existing SLA.
The “6 Parties” SLA prepared simultaneously with the Existing SLA is drawn up due to the considerations that an official document is now needed to affirm the Regional Government’s commitment especially in license related to land procurement and loan application to Asian Infrastructure Investment Bank (AIIB) for sections of Pekanbaru – Padang Toll Road to the value of Rp 5 Trillion. It is expected of “6 Parties SLA” to complete earlier than revision to the Existing SLA.
D. Achievements in Improving Regulations concerning Infrastructure
Government Regulation No. 13 of the Year 2017 on National Spatial Planning (RTRWN)
Following the issuance of Government Regulation No. 13 of the Year 2017 on National Spatial Planning, a follow-up is needed to impose the regulation. In order to ensure that Government Regulation No. 13 of the Year 2017 can be imposed on effectively and to promote the acceleration of National Strategic Projects, KPPIP analyzed potential problem in adjustment to spatial planning and land procurement. KPPIP has identified several potential problems in the implementation and among others are:
- The potential conflicts of regulations between the Government Regulation No. 15 of the Year 2010 on the Operation of Spatial Planning and Government Regulation No. 13 of the Year 2017 on National Spatial Planning. The aforesaid conflict arises due to the difference between Article 165 in the Government Regulation No. 15 of the Year 2010 specifying that permit granted for the use of space must be in accordance with the Regional Spatial Planning at the district/city level and Article 144a of the Government Regulation No. 13 of the Year 2017 specifying that the permit for the use of space must be under Spatial Planning (RTRW) at the national level.
- The unavailability of reference map at Regional Spatial Planning that can be used as the basis to determine the position and scope of the strategic projects specified.
- The criteria for activities considered to be strategic and have great impact are not yet specific and prone to subjectivity (the parameters of the size have not been decided).
- Without the parameters and limitation of a specific value of the parameter, there will be risks and difficulties in determining which projects fulfill the criteria as activities having strategic role under Government Regulation No. 13 of the Year 2017.
- The absence of mandate for the Minister of AASP to formulate standardized guidelines in providing recommendations for utilizing space (recommendations are therefore prone to subjectivity).
KPPIP and the stakeholders in spatial planning are now preparing recommendations for settlement of problems and follow-ups required for every potential problem that has been identified. KPPIP will submit the recommendations to the Office of Deputy Assistant (Keasdepan) of Spatial Planning and Economic Strategic Zone of the Coordinating Ministry for Economic Affairs.
Government Regulation No. 6 Year 2017 on Operation of Railway
For the purpose of supporting the efficiency of licensing process of railway operation, the Government makes revision to the Government Regulation No. 56 of the Year 2009 on Railway Operation. In the earlier Government Regulation (GP) the mechanism to determine the Business Entity as the operator of public railway facility based on its source of investment has not yet been decided. This matter has impact on the lack of private party’s interest in acting as the initiator of the operation of public railway infrastructure.
The unregulated mechanism for determining Business Entity as the operator of public railway infrastructure requires the proposing Business Entity to go through bidding conducted by the Government although all investment for infrastructure development is sourced from the Business Entity’s fund.
Given this matter, the Government made revision to the Government Regulation No. 6 of the Year 2017 concerning the arrangement for determining Business Entity operating public railway infrastructure according to the project’s source of fund which is: (1) by tender or direct appointment if part or all investment is sourced from State /Regional Budget, (2) by not conducting tender if all investment is not sourced from State/Regional Budget and guarantee is not given by the Government, or (3) by appointment if no Business Entity is interested because the project is not financially feasible. Determination of Business Entity without holding tender is possible after Business Entity files an application to the Minister, Governor or Head of District/ Mayor according to their respective authority.
Under this revised Government Regulation, Business Entity can be determined as the operator of public railway infrastructure without tender if all of its investment is not sourced from State/ Regional Budget and does not require guarantee from the Government. In the future, the interest of Business Entity, especially that of private party, in the operation of public railway infrastructure is expected to grow.