PTUN Jakarta Orders Anies To Continue ERP Auction Which Was Canceled

JAKARTA - The Jakarta State Administrative Court (PTUN) ordered DKI Jakarta Governor Anies Baswedan to continue the Electronic Road Pricing (ERP) auction process or the paid road system. The auction process, which has been running, was canceled by Anies.

This means that the PTUN Jakarta decision granted the entire SMART ERP consortium lawsuit from one of the auction participants, namely PT Bali Towerindo Sentra. The lawsuit numbered 191 / G / 2019 / PTUN.JKT was registered on September 25, 2019.

"Granted the plaintiff's request in full and granted the lawsuit to revoke the announcement of the cancellation of the auction and declare the object of the dispute canceled in the form of an announcement letter for the cancellation of the electronic paid road system auction," said Chief Justice of the PTUN M. Arif Pratomo, quoted from the official website of PTUN Jakarta, Tuesday, 3 March.

PTUN Jakarta also canceled the exception that was previously submitted by the DKI Jakarta Provincial Government containing the disqualification decision for ERP auction participants. This decision was taken because it was against the prevailing statutory regulations and general principles.

"(Exception) was canceled and the lawsuit was granted in its entirety," said Arif.

In this case, Arif prohibited the defendant, namely the Committee for the Procurement of Goods / Services for the Construction of the DKI Jakarta Provincial Electronic Paid Road System, from not repeating the ongoing auction process. This prohibition is valid until there is a final legally binding decision.

"Stating that the defendant is prohibited from taking further actions in connection with the TUN decision which could harm the plaintiff, including holding a new auction process for the construction of an electronic paid road system," the panel of judges said.

When confirmed, the Head of the DKI Legal Bureau, Yayan Yuhanah, admitted that he had not read the results of the decision. The DKI Provincial Government officials who handle this legal issue are reluctant to comment further.

"I have not read the verdict, it has not been updated. Later, yes, I have business," said Yayan to VOI via telephone.

For information, DKI Jakarta Governor Anies Baswedan will continue the paid road system that has been echoed since 2006, when the Governor of DKI Jakarta was held by Sutiyoso.

Then, the ERP plan was finalized during Joko Widodo's leadership and was continued by Basuki Tjahaja Purnama (Ahok) in 2014. At that time, the preparation of regulations to the tender process.

Under Anies' leadership, the ERP implementation plan stalled again because two auction participants, namely Q Free ASA and Kapsch TrafficCom AB, resigned leaving one vendor, namely PT Bali Towerindo Sentra.

Anies then asked for a recommendation from the Attorney General's Office regarding the continuation of the ERP implementation process. As a result, the Attorney General's Office recommended Anies to repeat the auction process. However, this recommendation is not mandatory.

In August 2019, Anies stated that the ERP discussion would be re-discussed or repeat the process from the beginning. In addition, Anies explained that there are system differences between Congestion Pricing and the current ERP.

It is planned that the re-auction process will be carried out in March 2020. It is targeted that ERP implementation will be carried out by the end of this year.