Application of Airport Concessions to The Status of Airport Business Entities Owned by State-Owned Enterprises

Arie Ahsanurrohim, Tri Hayati
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Abstract

Defining concessions will always be related to the concept of Public Private Partnership (PPP) and privatization of the public sector. Broadly speaking, PPP is a long-term engagement between the Government and/or public bodies and business entities, while privatization means the transfer of something under the control of the public sector to the private sector followed by commercialization. These things are in line with the concept of Concession, which is basically the transfer of management of a service/product which is basically the responsibility of the government to the private sector with a return from the government budget or revenue obtained directly from the end user (consumer) of the project and/or service. Based on Article 235 of Law Number 1 of 2009 concerning Aviation, airport services carried out by airport business entities are carried out based on concessions and / or other forms in accordance with the provisions of laws and regulations provided by the Minister and stated in the agreement. Currently in Indonesia one of the largest airport management business entities in Indonesia is PT Angkasa Pura I which was previously entirely owned by the Ministry of State-Owned Enterprises of the Republic of Indonesia, but is now controlled by PT Aviasi Pariwisata Indonesia (Persero) which is a State-Owned Enterprise. This creates a complexity in connection with the imposition of concessions, considering that based on its capital structure, PT Angkasa Pura I contains separated state wealth.
机场特许经营对国有企业机场经营主体地位的适用
特许权的界定始终与公私伙伴关系(PPP)和公共部门私有化的概念有关。广义上讲,PPP是政府和/或公共机构和商业实体之间的长期合作,而私有化是指将公共部门控制下的东西转移到私营部门,然后进行商业化。这些都符合特许权的概念,特许权基本上是将服务/产品的管理转移给私营部门,基本上是政府的责任,从政府预算中获得回报,或者直接从项目和/或服务的最终用户(消费者)那里获得收入。根据2009年关于航空的第1号法律第235条,机场业务实体提供的机场服务基于特许权和/或其他形式,根据部长提供的法律和法规的规定并在协议中说明。目前在印度尼西亚,印度尼西亚最大的机场管理业务实体之一是PT Angkasa Pura I,该公司以前完全由印度尼西亚共和国国有企业部拥有,但现在由PT Aviasi Pariwisata Indonesia (Persero)控制,这是一家国有企业。考虑到基于其资本结构,PT Angkasa Pura I包含独立的国家财富,这就造成了与强加让步有关的复杂性。
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