THE RISK STRATEGIES OF RETURNING LAND BAILOUTS IN THE TRANS SUMATRA TOLL ROAD CONSTRUCTION PROJECT (CASE STUDY OF PT HUTAMA KARYA)
This study investigates the obstacles faced by PT Hutama Karya (Persero) in the process of returning the Land Bailout Fund (LBF) from the Indonesian government, which is used to compensate for land acquisition in the Trans Sumatra Toll Road construction project. Based on interviews and analysis,...
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| Format: | Theses |
| Language: | Indonesia |
| Subjects: | |
| Online Access: | https://digilib.itb.ac.id/gdl/view/83073 |
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| Institution: | Institut Teknologi Bandung |
| Language: | Indonesia |
| Summary: | This study investigates the obstacles faced by PT Hutama Karya (Persero) in the
process of returning the Land Bailout Fund (LBF) from the Indonesian government,
which is used to compensate for land acquisition in the Trans Sumatra Toll Road
construction project. Based on interviews and analysis, this study identifies three main
obstacles: (1) the length of the process of fulfilling the file by the Commitment Making
Officer (CMO) for the submission of reconciliation of LBF returns with the Toll Road
Regulatory Agency (TRRA); (2) the long duration of file verification by the State Asset
Management Institution (SAMI); and (3) the risk of non-refundable LBF due to land
problems that are outside the determination of location and land ownership by PT
Perkebunan Nusantara where the Right to Use Business (HGU) has expired and has
not been extended.
This study also evaluates existing regulations, namely the Regulation of the Minister
of Public Works and Public Housing No. 03/PRT/M/2017 and the Regulation of the
Minister of Finance No. 95 of 2023, which are considered not to meet the principles of
justice and legal certainty according to Gustav Radburch.
The strategies that have been implemented by PT Hutama Karya include the placement
of special personnel, regular coordination with Toll Road Regulatory Agency and State
Asset Management Institution, and the reduction of the use of LBF. Research
recommendations include the preparation of periodic LBF payment plans and the
preparation of new Standard Operating Procedures (SOPs) or new legal regulations
made by Toll Road Regulatory Agency and State Asset Management Institution to
overcome obstacles and ensure that regulations meet the principles of justice and legal
certainty. |
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