Granting of Toll Road Concession Concessions that have Returned on Investment and Obtained Reasonable Benefits

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Heru Sugiyono , Abdul Rachmad Budiono , Sihabudin , and Satria Amiputra Amimakmur

Abstract

The granting of toll road concessions is a form of cooperation between the government and private sectors in order to develop toll road infrastructure, in which the private sectors is given the right to manage and collect toll (money) from toll road users in order to return capital investment and obtain a reasonable profit from the return on investment. However, of course it will cause problems if the government gives concessions for toll road concessions that have return on investment and obtained a reasonable profit. This study aims to analyze the legal implications of granting concessions by the government to private sectors related to toll road concessions that have returned on their investment and obtained a reasonable profit; as well as analyzing the operational management of toll roads that have returned on investment and obtained a reasonable profit. Through normative juridical research, the collection of literature in the form of secondary data, it was found that the granting of concessions to toll road that had fulfilled returns on investment and reasonable profits is not in accordance with the constitution which could harm toll road users. Regarding the concession of toll roads that have returned on their investment and obtained a reasonable profit, they should be able to be designated as public roads. However, if it continues to function as a toll road with insufficient state financial considerations, it can be managed independently by the government by involving local governments and the institutions it has formed without having to give concessions to private sectors. It is hoped that with independent management by the government, the toll rates charged on toll road users are relatively cheaper.

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