Strategic Suitability
Policy and Strategic Sector Plans Review
I. Alignment with government plans
- Present a review of policies and strategic plans related to the sector. These include the National Medium Term Development Plan (RPJMN), Regional Medium Term Development Plans (RPJMD), Government Work Plans, Regional Work Plans, Strategic Plan, and/or Ministry/Agency Work Plan. This review includes review and comments on suitability of the project plan with the above-mentioned planning documents at the national, Ministry/Agency and regional levels. The review should consider the conformity indicator that the project plan is explicitly mentioned in the RPJMN, RPJMD, Government Work Plan, Regional Work Plan, Strategic Plan, and/or Ministry/Agency Work Plan. If the project plan is not explicitly mentioned in any of these planning documents, then a review should explain how the project plan shall support targets mentioned in any of these planning documents. This response shall also contain a review on the KPBU master plan (which describes the planning and phasing of the KPBU construction, human resources, equipment and funding along with their readiness), if available.
- If any of the planning documents such as the RPJMN, RPJMD, Government Work Plan, Regional Work Plan, Strategic Plan and/or Ministry/Agency Work Plan documents explicitly mention the proposed KPBU, then it may be that the document would have mentioned the potential financing methods for the proposed KPBU as well. If so, provide information on the potential financing methods that are mentioned in any of these plan documents for the proposed KPBU.
- If any of the above-mentioned planning documents do not explicitly mention the proposed KPBU, then mention so in this response.
Compliance Review
I. Project location analysis
- Provide results of the review of compliance aspects. The review shall ensure that the proposed project location aligns with the spatial planning described in the Regional Spatial Plan (RTRW) or the Detailed Spatial Plan (RDTR). Consult the sector policy and sector regulation, if any, for a review as well. Where applicable, provide understanding of whether the KPBU location is on a land parcel that complies with the regional spatial plan and/or local district/city environmental building plan.
II. Inter-sectoral connection of infrastructure
- Provide results of the review of the inter-sectoral linkages between the sector of the proposed KPBU and other infrastructure sectors. For this analysis, outline the direct linkages or relationship between the KPBU project plan and other infrastructure sector plans with similar or connected topics and/or the influence that the KPBU infrastructure development may have on connected infrastructure sectors.
Regulatory Review
I. Legal and regulatory framework for the sector
- List the regulations that serve as references in the fields and sectors for the KPBU scheme. The review should compile a normative description of sectoral laws and regulations applicable to the project.
- Include an analysis or conclusions from the review of sectoral laws and regulations on whether the project plan can be implemented as a KPBU.
II. Provisions for the Process of Environmental Approval
- Provide details related to environmental aspects to determine the list of Environmental Approvals required for KPBU projects based on relevant and applicable laws and regulations.
III. Utilization of State/Regional Property (BMN/BMD)
- Provide details on requirements or utilisating State/ Regional Property (BMN/ BMD) in the infrastructure provision plan.
- Detail the process with timelines for preparing, submitting proposal for approval of the use of BMN/ BMD. The timelines should also include the expected timelines for obtaining approvals from relevant authorities
IV. Review of requirements for land procurement
- Provide an analysis of the land required for the project along with status of land ownership. The review should provide a conclusion whether the infrastructure provision project plan requires land acqusition or not.
- Detail the process with timelines for land acqusition as per relevant regulations and expected timelines for taking possession of land for the project.
V. Domestic Products/ Local Content Requirements
- Include the results of the identification of the need for domestic components required for the implementation of the Infrastructure Provision project plan in accordance with sectoral laws and regulations.
VI. Other Related Regulation
- Include details on other regulations not discussed in the previous sub-sections but are important for the continuity of the infrastructure provision plan
VII. Legal risk identification and mitigation strategy
- This sub-section contains a review of the results of the identification and analysis of the project's legal risks at the planning stage. The review can be arranged in the form of a matrix containing the results of legal risk identification, initial indications of legal risk mitigation strategies and initial indications of the parties responsible for implementing the risk mitigation strategies.
Institutional review
I. Analysis of GCA's authority to act as Project Cooperation Manager (PJPK)
- Institutional review starts with confirmation of the authority of the ministers/heads of institutions/heads of regions/directors of SOE as PJPK/GCA to implement the KPBU under a PPP scheme and to act as Person in Charge of Cooperation Projects (PJPK). The PJPK is the person responsible for a collaboration project under the PPP scheme to provide sector infrastructure and has authority over projects providing the sector infrastructure through this scheme.
- The GCA can be identified in different ways. The central level PJPK for PPPs in the project sector may be automatically attached to the Minister of that infrastructure sector and/or to the heads of other government agencies that have those infrastructure facilities or act as PJPKs based on the results of the PS document. The GCA at the Ministry level can be delegated or given authority to if the PPP project in the sector is included in the PPP List or if it is determined by the Planning and Budget Bureau as a ready PPP project proposal in the sector. The PJPK is classified into Central Government Agencies and Regional Governments according to their authority based on applicable laws and regulations. The Minister (of that infrastructure sector ministry) can give authority to the Secretary General to act as PJPK for and on behalf of the Minister if the project is included in the PPP Plan List or is determined by the Planning and Budget Bureau as a PPP proposal. For heads of other central government agencies, the assignment or grant of authority is determined as per provisions of statutory regulations. The PJPK in regional government is the Regional Head, i.e., the Governor, the Regent or the Mayor based on their authority. The Regional Head can give authority to the Regional Secretary or other Head responsible for matters of that infrastructure sector.
- Following the identification of the GCA for the project in the previous response, review the institutional aspects related to the planning and preparation of the KPBU and provide the review results. For this review, refer to relevant regulations, for example sector regulations, regulations related to government organizations and work procedures, or other related regulatory instruments. Provide information on how the identified GCA is the most suitable PJPK for planning and preparation of the proposed KPBU project.
- The institutional review concludes by listing and describing the roles and responsibilities of KBPU organisers and the analysis of the reporting system applicable to them. First, list the roles and responsibilities. Second, describe the tasks/roles/responsibilities of the identified GCA/PJPK and of the related entities (such as infrastructure operators and PPP Nodes) connected to the proposed KPBU project plan and reporting lines to the PJPK. Describe the flow of tasks, any hierarchies, and reporting requirements amongst the identified GCA/PJPK and the related entities. Describe also the indicative timelines, if applicable, for tasks to get completed amongst the entities of the reporting system.
II. Stakeholder mapping
- Carry out a stakeholder mapping. The mapping can be done in different ways. As an example, a method could be to list all stakeholders of the KPBU project and categorize them four ways to reflect their influence in the KPBU project. These categories include ‘keep satisfied’, ‘monitor’, ‘manage closely’, and ‘keep informed’. Once categorization is done, map each category’s stakeholders’ roles and responsibilities to the project plan and relevant regulations. The mapping shall look like a matrix. Use this mapping/matrix as an initial reference for the minister/institution head/regional head/SoE directorate to determine the infrastructure provision planning during the institutional review.