Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

Law and Fiscal Ethics in Indonesia: A Juridical Analysis of the Whoosh Project Financing Through the State Budget

Agam Sulaksono (Universitas Wijaya Kusuma SUrabaya)
Hari Wibisono (Universitas Wijaya Kusuma Surabaya)



Article Info

Publish Date
30 Aug 2026

Abstract

The financing of the Jakarta–Bandung High-Speed Rail (Whoosh) project has raised legal and ethical concerns regarding the use of Indonesia’s State Budget (APBN) to support commercial debt within a Public–Private Partnership (PPP) framework and its compatibility with fiscal law and good governance principles. This article seeks to evaluate whether the involvement of the APBN in the Whoosh project is consistent with the provisions of the State Finance Law, the State Treasury Law, and the beneficiary-pays principle, which mandates that the financial obligations arising from commercial activities be assumed by their direct beneficiaries. A normative juridical method is employed to interpret and evaluate the legal boundaries of APBN financing based on Law Number 17 of 2003 on State Finance, Law Number 1 of 2004 on State Treasury, Law Number 19 of 2003 on State-Owned Enterprises, and Presidential Regulation Number 38 of 2015 on Public–Private Partnerships (PPP). The study finds that the use of APBN funds for a commercially operated infrastructure project may contravene principles of fiscal accountability and proportionality embedded in Indonesian public finance law. It also raises concerns about intergenerational justice, as future taxpayers could inherit present commercial risks. 

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...