The Legality of the Toll Road Concession Agreement which has Revenue Its Investment and has Obtained a Reasonable Profit
Abstract
The toll road concession agreement (PPJT) for 13 toll roads between the government and Jasa Marga Company is a continuation of the Decree of the Minister of Public Works No. 242 / KPTS / M / 2006 concerning the Stipulation of Granting Concessions for Toll Roads that are operated by Jasa Marga Company. The contents of the PPJT include the government giving a concession for 40 years to Jasa Marga Company is starting from January 1st, 2005. Based on the report on the results of the BPK's investigation of the concession granting of 13 toll road sections for 40 years, it turns out that there are several toll roads that have revenue their investment and received reasonable profits before 40 years. In this study, the authors will analyze why the government provides concessions to private sector (Jasa Marga Company) for toll road management and how the legality of PPJT is related to the granting of toll road concessions that have paid off their investment returns and have obtained a reasonable profit. This study uses a normative juridical research method, namely research conducted by examining library materials which include primary legal materials sourced from various laws and regulations and secondary legal materials in the form of explanations used to analyze primary legal materials in the form of interviews, document searches, books and scientific papers. The results showed that the reason the government gave concessions to Jasa Marga Company for the management of toll road sections was because the government lacked funding sources and human resources in developing toll road infrastructure. PPJT between the Government and Private Sector related to the granting of concessions for toll road sections that have paid back their investment and have obtained a reasonable profit does not meet the objective legal requirements of the agreement so that it is legally null and void as referred to in Article 1320 Number 4 of the Indonesian Civil Code. It is necessary to evaluate the government's decision to grant concessions to toll roads that have paid off their investment returns and have obtained a reasonable profit.
