Public Private Partnership

Today, infrastructure development stands as a cornerstone of economic growth and prosperity. However, the government often needs more support to undertake large-scale infrastructure projects. To overcome these challenges, Public-Private Partnerships (PPP) have emerged as a viable solution, enabling the government to collaborate with private entities to finance, construct, and operate infrastructure projects.

ADCO Law’s PPP practice group has extensive experience in advising clients on all aspects of PPP projects. We recently helped the government of Dharmasraya Regency inaugurate the first unsolicited PPP project in Indonesia for street lighting. Our legal support ensures compliance with relevant regulations and guidelines. We use our understanding of PPP regulations and market dynamics to provide comprehensive guidance to safeguard our clients’ interests and the project viability.

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Practice Description

Structuring and Legal Advice

Structuring the PPP Agreement: Assist in structuring the legal framework of the PPP agreement. This involves determining the rights, responsibilities, and risks of each party, as well as the allocation of project revenues and liabilities.

Risk Allocation: Identify and allocate various risks associated with the project, including construction risks, operational risks, and other risks.

Negotiation and Drafting of Contracts

Drafting PPP Contracts: Drafting the various contracts that govern the PPP, including concession agreements, financing agreements, construction contracts, and operational agreements.

Negotiation Support: Facilitate negotiations between public and private parties to reach mutually beneficial and legally doable agreements.

Amendments and Renegotiations: Assist in renegotiating terms or amending contracts if circumstances change during the project.

Regulatory Compliance

Navigating Regulatory Requirements: Assist in navigating the regulatory landscape, ensuring that the PPP complies with applicable laws and regulations.

Permitting and Approvals: Assist clients in obtaining the necessary permits and approvals required for the project to proceed.

Due Diligence

Conduct legal due diligence to identify and assess legal risks associated with the project. This includes reviewing contracts, permits, and legal obligations to ensure compliance and identify potential issues.

Government Relations

We assist in engaging government relations activities, advocating on behalf of our clients with relevant government agencies to facilitate project approvals and overcome regulatory challenges.

We assist a multifaceted role in structuring, negotiating, and facilitating the legal aspects of partnerships between the public and private sectors. Our firm’s expertise is crucial in addressing complex legal, regulatory and financial issues to ensure the success and sustainability of PPP projects.

Our Professionals

Dendi Adisuryo

Adimas Wicaksono

Evie Fanny G. Nababan

Intan Farhana

Billiam

Lintang Kinanti

Our Experience

Legal assistance in relation to Public-Private Partnership/PPP (Proyek Kerjasama Pemerintah – KPBU) in energy projects;
Assisted the Ministry of Energy and Mineral Resources (ESDM) in drafting the Pre-Transaction Agreement for the electricity from geothermal power plants.;
Assisted the Ministry of Energy and Mineral Resources in drafting the PPP Agreement for Public Street Lighting Projects in West Lombok.
Assisted the Government of Dharmasraya Regency in drafting the PPP Agreement for Public Street Lighting Projects in Dharmasraya.
Assisted and conducting legal research relating to investment opportunities and Public-Private Partnerships (PPP) in the new Indonesian capital city, energy transition in Indonesia, and the development of carbon trading instruments in Indonesia, particularly in the Forestry and Other Land Use (FOLU), power plants, and oil and gas sectors.