02 Nov 2022
New Regulation to Speed Up Development of Infrastructure Projects Assigned to Public Works Ministry
The President has issued a new regulation, which came into effect on 27 September 2022, which grants the Ministry of Public Works and Housing (“MOPW”) broad strategic authority to undertake the timely development and delivery of key infrastructure projects. The new regulation (Presidential Regulation No. 120 of 2022 on Special Assignments to Accelerate Infrastructure Development / “PR 120/2022”, effective 27 September 2022), is backed by expedited mechanisms and procedures to help remove the obstacles and bottlenecks that tended to stymie the quick delivery of urgent infrastructure projects by the MOPW in the past.
Under PR 120/2022, the President can assign the MOPW to take charge of development projects in respect of 21 different types of public infrastructure, facilities and buildings. The scope and locations of special assignments will be determined by the MOPW.
The full list of the public infrastructure projects covered by PR 120/2022 is as follows:
To streamline the processes involved, PR 120/2022 permits the MOPW to procure goods and services via a direct appointment process (rather than by tender). It also provides that projects may be developed via public-private partnership (PPP) schemes.
PR 120/2022 further provides that land to be acquired for infrastructure projects must be free from dispute or legal issues. It envisages that the land may be owned by the state, regional or village governments, state- or region-owned enterprises, or private landowners. As regards funding, in addition to allocations from the National Budget (APBN), PR 120/2022 provides that other forms of lawful financing may be accessed in order to fund the development of infrastructure projects.
PR 120/2022 is primarily aimed at simplifying and streamlining, if not quite eliminating, the bureaucratic red tape that previously prevented the MOPW from quickly and efficiently proceeding with important infrastructure projects.
Of course, the MOPW has regularly been given special assignments in the past. However, these were highly specific in nature or related to one-off events, such as infrastructure developments for the G20 summit in Bali to be held in November 2022 and the planned ASEAN summit to be held in East Nusa Tenggara in 2023, the redevelopment of the Taman Mini Indonesia Indah theme park in Jakarta, and the Mandalika mixed-use project in West Nusa Tenggara. What is new about PR 120/2022 is that it places the special assignment mechanism on a solid legal footing, and expands and mainstreams it across a range of important infrastructure sectors in the expectation that this will allow the MOPW to act as a key driver of urgent infrastructure projects going ahead.
This ABNR News and its contents are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained in this legal update. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.
 Peraturan Presiden No. 120 Tahun 2022 tentang Penugasan Khusus Dalam Rangka Percepatan Pelaksanaan Pembangunan Infrastruktur.