Best Public-Private Partnerships (PPP) Lawyers in Bali

1. About Public-Private Partnerships (PPP) Law in Bali, Indonesia

Public-Private Partnerships in Bali follow Indonesia-wide PPP regulations designed to mobilize private capital for public infrastructure and services. The framework aims to balance investment incentives with public service standards and risk sharing between government and private partners. Bali residents often encounter PPP projects in tourism infrastructure, water supply, waste management, and transport facilities where private expertise can accelerate delivery.

Key PPP arrangements include concession agreements, build operate transfer models, and availability-based payments. Local authorities in Bali implement national PPP rules while aligning with provincial needs and land use planning. Because PPPs are heavily regulated, engaging a Bali-based solicitor or attorney early helps ensure compliance with both national and regional requirements.

2. Why You May Need a Lawyer

• Drafting or negotiating a PPP project contract for Bali infrastructure. A private partner may handle a water treatment plant in Denpasar or a tourism oriented waste facility that requires a concession agreement with the Bali Provincial Government. An attorney helps clarify risk allocation, performance standards, and payment mechanisms.
• Conducting due diligence on land and licensing for a Bali PPP project. Land rights, zoning and adat community considerations can affect project scope. A solicitor helps verify title, permits and compatibility with local planning rules before committing funds.
• Guiding procurement and tender processes with local governments. Bali regencies and the province run competitive procurement for PPP projects. A legal counsel can prepare bid documents, respond to tender inquiries, and ensure compliance with public procurement rules.
• Structuring investment and capital flow for Indonesian and foreign investors. You may require advice under Indonesian investment law, currency policies, and cross-border finance rules to optimize funding strategies for a Bali project.
• Negotiating risk sharing, guarantees, and force majeure provisions. PPP agreements rely on risk allocation between government and sponsor. A lawyer helps secure enforceable guarantees and clear cure periods for defaults.
• Dispute resolution and remedies for PPP projects. If disputes arise, counsel can pursue mediation or arbitration and advise on termination rights, asset recovery, or renegotiation options under Indonesian law.

3. Local Laws Overview

Indonesia regulates PPP through core national instruments that Bali follows. The primary framework includes government contracts for infrastructure, private sector participation, and procurement governance. The following laws and regulations are central references for Bali projects.

Relevant laws and regulations include:

• Government Regulation No. 38 of 2007 on Cooperation Between Government and the Private Sector in Infrastructure Provision. This regulation establishes the general model for PPP projects and risk sharing between the public and private sectors. It remains a baseline reference for Bali projects receiving private involvement. Source
• Presidential Regulation No. 38 of 2015 on Cooperation Between Government and Badan Usaha in Infrastructure Provision. This regulation provides policy direction and implements PPP arrangements at the national level, including processes for project selection and contract clarity. Source
• Law No. 11 of 2020 on Job Creation (Omnibus Law). This law introduces changes to investment licensing, business setup, and regulatory clarity that affect PPP project timelines and approvals. Bali projects must align with these updates when negotiating contracts or seeking permits. Source

Public-Private Partnerships in Indonesia are guided by the core PPP framework and updates from national policy bodies; practitioners should reference official texts for the exact provisions and transitional rules.

For practical reference, Bali practitioners should consult national policy and procurement guidance. Official law texts and guidance are published on government portals that host current versions of regulations and amendments. Peraturan Indonesia - Official Regulations Portal, BAPPENAS, LKPP.

4. Frequently Asked Questions

What is PPP in the context of Bali projects?

PPP is a collaboration between the government and private sector to finance, build, and operate infrastructure or services. It typically uses concessions, BOT, or BOO models with defined performance payments.

How do I start a PPP project in Bali?

Identify a credible project need, prepare a feasibility study, and engage a Bali PPP lawyer to map regulatory steps and procurement strategy.

What is the typical PPP model used in Bali?

Common models include Build-Operate-Transfer and availability payment schemes, tailored to project type and risk allocation.

How long does the PPP approval process take in Bali?

Initial approvals may take 6 to 12 months, with procurement and due diligence often extending the timeline.

Do I need a local Balinese lawyer for PPP?

Yes, local counsel helps navigate provincial licensing, adat land issues, and jurisdiction-specific regulations.

What documents are required to start a PPP bid in Bali?

Feasibility study, project concept, environmental impact assessment, land rights documents, and a procurement plan are typically needed.

How much does it cost to hire a PPP lawyer in Bali?

Costs vary by scope and firm, but expect a retainer plus hourly rates for due diligence and contract drafting.

What is the difference between BOT and BOO in PPP terms?

BOT transfers operations and ownership for a period after construction; BOO allows ongoing ownership by the private partner post construction.

Is foreign involvement allowed in Bali PPP projects?

Foreign investment is permitted through Indonesian investment laws, with licensing and ownership structures carefully structured.

Can a PPP contract be amended after signing in Bali?

Yes, but amendments require formal procedures, approvals from government authorities, and clear change management provisions.

Should I use a standard PPP contract template in Bali?

Templates are helpful but must be customized to local regulations, project specifics, and adat land considerations.

Do I need regulatory approvals before bidding in Bali?

Yes, you typically need environment, land, and investment approvals as prerequisites for tendering.

5. Additional Resources

• BAPPENAS - National policy coordination and planning for infrastructure and PPP programs; provides project pipelines and guidance for nationwide PPP implementation. Visit BAPPENAS
• LKPP - Public procurement policy agency; publishes procurement guidelines, bidding templates, and contract standards relevant to PPP projects. Visit LKPP
• BKPM - Investment Coordinating Board; handles investment licensing, foreign participation, and investment climate for PPP ventures. Visit BKPM

6. Next Steps

1. Define project scope and timeline. Outline the infrastructure or service objective, location in Bali, and key milestones. Allocate a preliminary budget for legal and due diligence costs. (1-3 weeks)
2. Identify Bali-based PPP lawyers or firms. Compile a list of firms with demonstrated PPP experience in Bali or Indonesia-wide projects in tourism, water, or waste management. Check recent case studies or published articles. (1-2 weeks)
3. Schedule initial consultations. Meet potential lawyers to assess their familiarity with Balinese land use, adat considerations, and provincial licensing processes. (2-4 weeks)
4. Request proposals and retainer terms. Obtain engagement terms, fee structures, and a high-level work plan for due diligence, contract drafting, and procurement support. (1-2 weeks)
5. Conduct due diligence with your chosen lawyer. Review feasibility, land rights, environmental approvals, and procurement strategy; develop a risk matrix and contract skeleton. (3-6 weeks)
6. Finalize engagement and begin drafting documents. Sign the engagement letter, prepare draft concession or PPP contract, and align with Bali provincial requirements. (2-6 weeks)