Jurnal Ilmiah Hukum LEGALITY
Vol. 34 No. 1 (2026): March

Reconceptualising Good Faith in Indonesia’s Public-Private Partnership Infrastructure Contracts: A Welfare State Perspective

Isdian Anggraeny (Faculty of Law, University of Muhammadiyah Malang, Indonesia)
Yohanes Sogar Simamora (Faculty of Law, Universitas Airlangga, Indonesia)
Faizal Kurniawan (Faculty of Law, Universitas Airlangga, Indonesia)
Deny Noer Wahid (Legal Department, Sampang Regency Secretariat, Indonesia)
Dwi Ratna Indri Hapsari (Faculty of Law, University of Muhammadiyah Malang, Indonesia)



Article Info

Publish Date
15 Apr 2026

Abstract

This study aimed to reconceptualize good faith in Indonesia's public-private partnership infrastructure contracts from a welfare-state perspective. Public-Private Partnership in Indonesia can accelerate the provision of infrastructure to meet the state's welfare obligations. Still, legally it remains an instrument of public policy, not a transfer of the state's constitutional obligations. Using normative legal methods through legislative and conceptual analysis, as well as limited comparison, this article finds that PPP contracts should be understood as administrative contracts (bestuurscontract) that derive from public authority and are oriented towards service and the public interest. Therefore, good faith should not be viewed merely as a moral norm at the time of signing, but rather as an ongoing obligation and corrective principle (redelijkheid en billijkheid) throughout the project cycle. The normative contribution of this article is a reform model that codifies the obligation of good faith, oriented towards the public interest, in laws and their implementing regulations, including cooperation, disclosure of information, and renegotiation. This aims to prevent abuse of authority, protect the public interest, and strengthen legal accountability for project failures.

Copyrights © 2026






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...