Open Contracting in Water Service Provision A Baseline Study in Bantul Regency, Semarang City, and Jakarta Province, Indonesia Open Contracting in Water Service Provision: A Baseline Study in Bantul Regency, Semarang City, and Jakarta Province, Indonesia
Editor: Nanda Sihombing Hivos Southeast Asia
Layout and Design Coordinator: Ega Rosalina Hivos Southeast Asia
Proofreader Focus: Bantul Case Study Jolien van der Vaart Hivos
Researchers:
Coordinator: Mohamad Mova Al’Afghani
Bantul Case Study: Isnawati Triwahyuni Suci
Semarang Case Study: Widi Nugroho
Jakarta Case Study: Nila Ardhianie
Research Assistant: Agus Setiawan
Version: October 2020
This work is licensed under a Creative Commons Attribution-NonCommercial- ShareAlike 4.0 International License.
This study on open contracting in water sector was organised by Hivos Open Up Contracting Program in collaboration with Center for Regulation, Policy and Governance (CRPG), IDEA Yogyakarta, PATTIRO Semarang, and AMRTA Institute. Table of Content 24 34 29 33 33 33 23 23 25 10 27 14 14 16 31 13 21 21 12 12 17 iii vi ix 8 9 3 5 1 1 Open Contracting Assessment inPDAM Tirta Moedal Institutional Arrangements PDAM Tirta Moedal of Semarang City Listof PlannedandExistingWater Projects inSemarang City LandSubsidence Semarang CityCase Study Open Contracting Assessment inBantul PDAM Institutional Arrangements Bantul Drinking Water Company (PDAM) Bantul Regency Case Study Regulations at theNational Level Where doesOpen Contracting fitinto this? Water Problems Introduction Foreword Acronyms Table of Content • • • • • • • • • • • • • Planning Documentation andInformation Management System Regulations onParticipation Engagement withCSOandConsumer Organization Engagement withLocal Government Engagement withBantul PDAM Local Policy andRegulation Response from Local Bureaucracy Capacity of CSOandConsumer Organization Award, Contract andImplementation Tender Complaint Handling Mechanism Modalities andChallenges iii
Table of Content 60 44 40 66 62 58 43 42 39 52 35 37 37 41 Reference Recommendations Conclusions Advocacies at theNational Level Lessons Learned Jakarta Case Study • • • • • • • • Engagement with Local Government Engagement with PDAM Local Policies andRegulations Response From Local Bureaucracy AndPDAM Consumer Organization Implementation Award Tender iv APBD DIY Anggaran Pendapatan dan Daerah Istimewa Yogyakarta/ Belanja Daerah / Local Yogyakarta Special Region Government Revenue and Expenditure Budget FGD Focus Group Discussion BAPPEDA Badan Perencanaan FKP Pembangunan Daerah / Forum Komunikasi Pelanggan Regional Development / Customer Communication Acronyms Planning Agency Forum
BPPSPAM GPS Badan Peningkatan Global Positioning System Penyelenggaraan Sistem Penyediaan Air Minum / ICZM The Supporting Agency for Integrated Coastal Zone Drinking Water Supply System Management Development IDEA BUMD Ide dan Analitika Badan Usaha Milik Daerah / Regional-Owned Enterprise IKK Ibukota Kecamatan / Capital of CC Water District Consumer Council for Water INSAR CRPG Interferometric Synthetic Center for Regulation, Policy, Aperture Radar and Governance IT CSO Information Technology Civil Society Organization KEMENPUPR DAK Kementerian Pekerjaan Umum Dana Alokasi Khusus / Special dan Perumahan Rakyat / Allocation Fund Ministry of Public Works and Public Housing DAS Daerah Aliran Sungai / KPBU Watershed Kerjasama Pemerintah dan Badan Usaha / Cooperation DIP between the Government and Daftar Informasi Public / List of Business Entities Public Information LKPP Ditjen SDA Lembaga Kebijakan Pengadaan Directorate General of Water Barang/Jasa Pemerintah / Resources National Public Procurement Agency
vi LP2K PERPAMSI RKPD Lembaga Pembinaan dan Persatuan Perusahaan Air Rencana Kerja Pembangunan Perlindungan Konsumen / Minum Indonesia /Association Daerah / Regional Development Consumer Development and of Indonesian Drinking Water Work Plan Protection Agency Company RISPAM LPSE PERUMDA Rencana Induk Sistem Layanan Pengadaan Secara Perusahaan Umum Daerah / Penyediaan Air Minum / Elektronik / Electronic Regional Public Company Drinking Water Supply System Procurement (e-proc) Service Master Plan Acronyms PJPK OCDS Penanggung Jawab Proyek RPJPD Open Contracting Data Kerjasama / Person in Charge of Rencana Pembangunan Jangka Standard the Cooperation Project Panjang Daerah / Regional Long term Development Plan ORI PPID Organisasi Masyarakat Sipil Pejabat Pengelola Informasi dan RTH Dokumentasi / Documentation Ruang Terbuka Hijau / Green ORI and Information Management Open Space Ombudsman Republik Officer Indonesia / Ombudsman of SEKDA Republic of Indonesia PPP Sekretaris Daerah / Regional Public Private Partnership Secretary PAKEM Panitia Kemitraan / Partnership RAD AMPL SETDA Committee Rencana Aksi Daerah Sekretariat Daerah / Regional Penyediaan Pelayanan Air Secretariat PAM Minum dan Penyehatan Perusahaan Air Mimun / Lingkungan / Regional Action SIPAS Drinking Water company Plan of Water Supply Provision Sistem Pengolahan Air and Environmental Sanitation Sederhana / Portable Water PAMSIMAS Treatment Penyediaan Air Minum RBI dan Sanitasi Masyarakat / Rencana Bisnis dan Investasi / SK Community Based Drinking Business and Investment Plan Surat Keputusan / Decree Water Supply and Sanitation RKAB SOP PATTIRO Semarang Rencana Kerja dan Anggaran Standard Operating Procedures Pusat Telaah dan Informasi Biaya Tahunan / Annual Work Regional Semarang Plan and Budget SPAM Sistem Penyediaan Air Minum / PDAM RKAT Drinking Water Supply System Perusahaan Daerah Air Minum Rencana Kerja dan Anggaran / Regional Drinking Water Tahunan / Annual Work Plan UNDIP Company and Budget Dipenogoro Public University We. The People The We.
vii viii Foreword stakeholders, theirinterest inopencontracting andtheircapacity, as well as of Yogyakarta. Through thisscoping study, we alsoseekto identify related Central Java Province, andBantul Regency inSpecial Administrative Region sector inthree areas –Special Capital Region of Jakarta, Semarang Cityin Semarang, andAMRTA Institute to conduct ascoping studyinthewater for Regulation, Policy andGovernance (CRPG), IDEAYogyakarta, PATTIRO issues. Hence, Hivos-Open Up Contracting Program collaborate withCenter ways onhow opencontracting initiative cancontribute to addressing the the existingwater governance problems andfindoutthemosteffective Hivos understands that to realize suchgoals,we needto first comprehend and actuponpublicfeedback related to publicservice provision. well asto create/improve mechanismsfor oversight authoritiesto respond to effectiveness, andintegrity of public contracting inbasicservice delivery as access to information reform to improve local conditions for efficiency, Government of Indonesia both at thenational andsubnational level initiate delivery –includingcleanandsafe water provision. It aimsto have the meaningful information for citizens withparticularemphasisonbasicservice revenue flows for publicscrutiny, advocacy campaignsandtranslate itinto watchdog organizations intheirefforts to use contracting data andpublic ARTICLE 19supportsindependent journalists,activists,businessesandcivic Through theStrategic Partnership-Open Contracting program, Hivos and water problems. people onwater service provision iskey to reduce thenegative impactof is attributable to thiscondition. Increasing theaccess to information for the considered healthy, therest are ailingdueto debts. The lackof governance the country. However, only 57percent outof atotal of 391PDAMs are enterprise, to distribute cleanandsafe water to thecitizens throughout government appoints Regional Water Company (PDAM), aregional-owned To ensure thefulfillment of citizens’ right to potable water, the Indonesian (SDGs). services –whichisreflected inGoal6 Sustainable Development Goals and affordable drinkingwater andimproving accessibility andsafety of The United Nations callsfor itsmembercountries to ensure universal safe stability to water provision. Climate changewillcontinue to affect not only the availability butalso yet more countries are experiencingwater stress andincreasing droughts. developing countries. Water scarcity affects more than40percent of people As basichumanneeds,cleanwater isstilloneof thekey problems in ix Program Manager Nanda Sihombing On behalfof Hivos Open Up Contracting Team Indonesia options intheareas. the studywillcontribute to asoundadvocacy strategy andprogrammatic governance problems inthewater sector. For Hivos anditsnetwork, we hope the government, civilsociety andother relevant actors inaddressing the It isexpected that thefindings, conclusion, and recommendations willhelp Strategic Partnership Open Up Contracting Program. water sector issupported by theDutch Ministry of Foreign Affairs underthe implementation of thisstudy. This baselinestudyof opencontracting in Asia for theirsupport andfeedback throughout thepreparation and Muhamad Ilham, GitaMeidita, andNova Doloksaribu of Hivos Southeast PATTIRO Semarang, andAmrtaInstitute. We would alsolike to thank Center for Regulation Policy andGovernance (CRPG), IDEAYogyakarta, We would like to thanktheresearch team for thecollaboration inthestudy; challenges andbarriers intheimplementation of Open Contracting. x PDAM Performance * I. Water Problems Assessment Regional-owned Assessment Category: Problems around the resource considered financially healthy, the drinking water • Fit = Score > 2.8 management of water generally rest are ailing due to debt.3 One • Unfit = Score 2.2-2.8 have to do with the governance reason behind this is a lack of good companies in • Poor = Score < 2.2 of it. According to the World Panel governance. Regional Drinking Assessment Indicators: on Financing Water, the so-called Water companies (PDAMS) are also Indonesia • Financial (25%) Camdessus report, the water suffering from various problems at • Service (25%) There are 391 regional-owned sector experiences a number of the technical, financial, regulatory • Operational (35%) 4 drinking water companies Introduction governance issues: (i) the low and resources levels. • Human Resource (15%) priority given to water sector (PDAMs) in Indonesia. How are issues by central governments, (ii) According to Syaiful Dea and they doing? Assessment by the Supporting Agency for confusion of social, environmental Mohamad Mova Al’Afghani in their Drinking Water Supply System Development and commercial aims, (iii) political presentation ‘Improvement of Water * interference, (iv) poor management Services Government in Indonesia,’ 59.6% PDAMs are fit with Fit PDAMs do not mean structure and imprecise objectives PDAMs are suffering from a lack average score of 3.30 they are able to distribute of water undertakings, (v) an of incentive and capacity, which potabel water. inadequate general legal framework, stems from a lack of autonomy *26.5% PDAMs are unfit with (vi) lack of transparency in award of and water tariffs which are below average score of 2.48 5 contracts, (vii) non-existent, or weak cost-recovery level. Agus Sunara * *13.9% PDAMs are poor with Average Tariff and inexperienced regulators and mentioned in a focus group IDR 4,819/m3 (viii) resistance to cost-recovering discussion on open contracting average score of 1.87 tariffs.1 Full scale privatization and and service benchmarking in the *2.7% PDAMs are unknown concession schemes of water drinking water session that PDAMs governance have been largely a still face strong political intervention failure. However, participation by the in terms of recruitment, both at private sector in water governance corporate executives and employee remains popular and tends to level.6 This contributes to a low ±7% be conducted in a contractual salary standard (compared to the access 2 arrangement. electricity and oil and gas sectors) to safe Ability to cover ** and as a result, they attract less water their full cost In Indonesia, only 57% out of a total qualified personnel.7 of 391 Indonesian regional-owned 2015: 26% PDAMs drinking water utility companies are 2016: 30% PDAMs
1 JT Winpenny and others, Financing Water for All (World Water Council 2003). 2 PPIAF and World Bank, Approaches to Private Participation in Water Services: A Toolkit (The World Bank 2005)
Open contracting becomes relevant it would require the willingness of system master plan (hereinafter Administrative Province. We chose in this case, as it is based on the the procuring agency to open its referred to as “RISPAM” or Rencana the three areas because of the premise of affirmative disclosure data for public scrutiny and capable Induk Sistem Penyediaan Air Minum) different characteristics. Jakarta of contracting data as well as intermediaries with sufficient is included on our literature request represents the capital city while participation, monitoring and interest to interpret and act on the and interviews although they Semarang City represents the urban oversight.8 It can potentially improve data. are not directly a part of PDAM’s area, and Bantul Regency represents governance and produce practical procurement process. The RISPAM the rural one. results such as: (i) value for money in There are three “segments” of the data is usually owned by the Public public procurement; (ii) prevention water sector in Indonesia where Works Agency of each regency/ We conducted the baseline study of “capture” in the business planning open contracting may be relevant: (i) city and not available in public by reviewing relevant literature process; (iii) providing of a level Long term Public Private Partnership domain. In addition to that, we also in the subject of procurement playing field; and as an outcome of infrastructure contracts (Kerjasama collect data pertaining to PDAM’s transparency and water utilities as all this, (iv) improvement of service Pemerintah dan Badan Usaha or business plan. We will also put a well as conducting legal analysis of quality.9 KPBU) in the water sector which specific focus on the planning as relevant provisions, especially those typically involve either water utilities a part of the overall public finance related to procurement. Additionally, Frédéric Boehm and Juanita Olaya or a local government, (ii) Provincial cycle. Thus, “open contracting” we also conduct qualitative research note that theoretically speaking, or city/regency level agency in this respect is broadened not and fieldwork, employing interviews the presence of a transparency procurement in the water sector, only for the purpose of facilitating and focus group discussion. In total, framework will increase the typically involving the development competition but to ensure that the evidence base for this paper cost of corruption due to the of raw water sources and (iii) water citizen can be heard in the comprises 16 interviews and four reduction of opacity. They also utilities procurement. planning process which precedes focus group discussions, with a total note that transparency will facilitate procurement. of 77 participants. competition. The availability of This assessment adopts all information will reduce vendor’s parts of the contracting process We conducted the assessment on “search cost.”10 from planning, award, tender, water problems in three areas in contract to implementation. It Indonesia: in the Special Capital Nevertheless, applying an open also contextualizes these steps Province of Jakarta, Semarang City contracting lens requires certain into PDAM’s local structures.11 For in Central Java Province, and Bantul institutional enablers. For example, example, the drinking water supply Regency in Yogyakarta Special
11 ‘Guide to Defining OCDS Functional Requirements for E-Government Procurement Systems’ (Open 8 Catherine, ‘Hivos and ARTICLE 19 Show Countries’ Readiness to Open up Public Contracting’ (7 December Contracting Partnership)
3 4 III. Regulations at the National Level
There are various sectoral drinking water outlines only the are subject to political intervention, (SOPs) which must be submitted to regulations governing PDAMs. biological, physical, chemical and especially during regional elections. the Regional Secretary (Sekda). The Environmental quality is regulated radiological parameters of drinking The heads of the local government SOP must contain the following by the Ministry of Environment water, but these parameters are (the governor, mayor, or regent) aspects: a) Organisational Structure, and Forestry and is subject to not strictly enforced. As a note, determine the PDAM’s tariffs, based b) Organisation and employment, several water quality regulations, almost all of the ‘healthy’ PDAMs as on the parameters issued by the c) Financials, d) Customer Service, both effluent and ambient.12 In discussed above still do not meet Ministry of Home Affairs, which e) Business Risks, f) Procurement terms of health, the PDAM’s water the parameters set by the Ministry of must take full cost recovery into of Goods and Services, g) Assets quality must fulfill the Ministry of Health Regulation. account.15 Management, h) Marketing and i) Health Regulation drinking water Supervision. standard (hereinafter referred to as At the moment, there is no Most PDAMs are currently still “Permenkes 492).13 The regulation economic regulator for PDAMs.14 regulated as corporate entity under Most PDAMs still have not enacted on standard of the quality of This is the reason why PDAMs’ tariffs Law Number 5 of 1962 on Regional such SOPs. This provides an Corporation.16 This law has been opportunity for intervention, if revoked by Local Government Law stakeholders have the opportunity Number 23 of 2014.17 The 2014 to participate in the process. All state 12 Indonesian Government Regulation Number 82 of 2001 on Management of Water Quality and Control over Water Pollution. Law at Article 402 requires that all and regional-owned enterprises 13 Regulation of the Minister of Health of the Republic of Indonesia Number 92/Menkes/PER/IV/2010 of 2010 regional-owned enterprises have to procurement are not separated from concerning Drinking-Water Quality Standards. be “adjusted” within 3 (three) years the state procurement system - it 14 Mohamad Mova Al’Afghani, Legal Frameworks for Transparency in Water Utilities Regulation: A after its enactment, thus at the latest also applies to PDAMs. The previous Comparative Perspective (Routledge 2016). by 2017. This means that all PDAMs Presidential Regulation Number must be converted into either a 54 of 2010 on Public Procurement Regional Limited Liability Company defined procurement of goods and Drinking Water Company Corporate Entity for Drinking Water (Perseroan services as “…the activity to obtain Terbatas Air Minum) or a General goods and services by Ministry/ Consequently, the company should: Purpose Company for Drinking Institution/Regional Agencies/ Water (Perusahaan Umum Daerah other institution which starts with Converted their company status into Air Minum). the process of planning its needs one of these entities: until the implementation of all PERUMDA To implement and regulate the activities to obtain goods/services”. Regional Regional Government Law, The term “other institution” has General Purpose Limited Liability Company for Company for Government Regulation 54 Year been interpreted to cover state Drinking Water Drinking Water 2017 on Regional-Owned Enterprise and regional-owned enterprises. at Article 91 requires all regional- However, this Regulation has been Which one? owned enterprises to enact several revoked and replaced with a new 1962 2014 Standard Operating Procedures one in 2018. Drinking water Law concerning Enact several standard company = Regional Regional Government operating procedures, Corporation enacted including on procurement of goods and services 15 Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 71 of 2016 Source: *) Regional Company Law Number 5 of 1962 concerning Drinking-Water Tariff Calculation and Determination. **) Regional Government Law Number 23 of 2014 Submit the standard 16 Law Number 5 of 1962 on Regional Cooperation. operating procedures to 17 Law Number 23 of 2014 on Local Government the Regional Secretary
5 6 The newly-issued Presidential efficiency should be taken into Bantul Regency Regulation Number 16 of 2018 account for goods and services provides a new definition of procurement for regional-owned procurement of goods and enterprises. The same article states Case Study services: “…the activity by Ministry/ that the provision on goods and Institution, Regional Apparatus, services procurement [for regional- which are financed by State or owned enterprises] needs to be 17 Regional Budget which processes determined through the Head of sub-districts includes needs identification until Local Government Regulation. the transfer of work.” The term 75 “other institution” has been removed In a way, this creates diversity within villages and the Presidential Regulation procurement system for regional- clarified that it now only covers owned enterprises. During our FGDs 933 Bantul Regency activities that come from the state and interviews, we found that some hamlets or local government budget. This regions still have not enacted the Population automatically excludes state and required procurement regulation regional-owned enterprises from and thus provides an opportunity for 995,265 people the regulation. intervention. Area Map of Special Region of Yogyakarta of Region Special Map of 506.85 km2 Government Regulation Number 54 of 2017 on State-Owned 6 large rivers Enterprises (SOE) Article 93 clarifies flow the Regency the principles transparency and 3 watersheds occupy the areas of 45,387 ha Presidential Regulation on Public Procurement: Then vs Now The topography of Bantul Regency takes the form of beaches, plains and hills, especially in eastern Bantul Regency. The western part is morphologically fluvio-volcanic area land which 2010 - 2018* 2018 - present** is partly in the form of corrugated plains. Meanwhile, in the middle of are the ramp land which spans from north to south to coastal areas.
Applies to: Applies to:
Ministry Ministry Bantul Regency is one of the fulfillment of clean water through Government Institution Government Institution regencies in the Yogyakarta non-pipe systems, namely through Regional Agency Regional Agency Special Administrative Province. portable water treatment (SIPAS), State-Owned Enterprise State-Owned Enterprise As the majority of the area has wells/ boreholes, rainwater storage rural characteristics, most of the (Penangkapan Air Hujan) and Regional-Owned Enterprise Regional-Owned Enterprise people in Bantul still rely on the springs.
*) Presidential Regulation Number 5 of 2010 on Public Procurement **) Presidential Regulation Number 16 of 2018 on Public Procurement
7 8 Generally, the quality of water e-coli content. These bacteria are II. Institutional Arrangements in Bantul has been decreasing caused by household waste that overtime. A high percentage permeates the soil. Note that Bantul There are several government Plan of 2016-2021, it is mentioned of the groundwater in Bantul is located in the downstream area institutions and regional apparatus that the clean water management contains microbes and/or the of all rivers flowing there. The mid- organizations that are stakeholders is carried out by the Public Works level of minerals such as iron (FE), stream area is the densely populated of the PDAM. Agency in cooperation with the manganese (Mn), and chloride (Cl) city of Yogyakarta. With such PDAM of Bantul Regency.20 In is too high.18 Some areas of Bantul conditions, some of the population The Economic Administration of coordinating the management such as Srandakan, Bantul, Sewon, resort to deep-wells which are Bantul Regional Secretariat (SETDA) of clean water, the Planning Pandak and Sanden contain these expensive. A reliable water utility is performs the coaching function Agency acts as coordinator of the minerals. Bantul water also has high therefore urgently required. and the PDAM’s performance Partnership Committee (PAKEM). In supervision. The Economic addition, the Planning Agency also Administration Department ensures obtains the report from the PDAM I. Bantul PDAM that the planning process done related to its performance and by the PDAM is in accordance financials. This reports on PDAM’s The Bantul PDAM was established The total coverage of clean water with Bantul Regency Regional capital injection through the grant of based on Regional Regulation in Bantul Regency is 91% of the Medium-Term Development Plan goods from Department of Public Number 11 of 1991 concerning the total 995,264 of Bantul population. (hereinafter referred to as “Mid-Term Works, Housing, and Residential Establishment of Bantul Regency 22% of the population are served Plan”). In conducting supervision, Areas (hereinafter referred to as PDAM. It has both a social function through the PDAM piping system the Economic Administration Unit “Public Works Department”) and and an economic function. while non-piping services, such as coordinates with the Regional Bantul’s local government budget.21 the portable water treatment system Development Planning Agency The director of Bantul PDAM, (SIPAS), wells/boreholes and springs, (hereinafter referred to as “Planning The Public Works Department Arinto Hendro Budiantoro has been covers 662,784 people or 69%. The Agency”) and the Public Works conducts clean water provision in selected for the term of 2018-2022. raw water source for the PDAM is Agency. Supervision, monitoring cooperation with the PDAM. The Currently, PDAM Bantul manages obtained from a total of 17 units of and evaluation are conducted every office of Public Works Department, 15 clean water supply systems wells, three units water springs and three months by observing targets especially the Cipta Karya Division, scattered over several sub-district seven units of surface water. that have been set for the PDAM. ensures clean water management capitals in Bantul Regency. The It is found that customers often can be done in synergy with other regional-owned company employs receive water service with The Planning Agency is the stakeholders. In rural areas, like 119 people. Installed production insufficient quality, quantity and institution that coordinates the Bantul Regency, there are several capacity is at 414 liter/second continuity. Several customers planning process of regional parties that manage clean water. and the number of customers responded that the PDAM often development. They also compile the These include the PDAM, the Water per 31 December 2018 is 31,058 does not address complains. Regional Long-Term Development Resources Unit from Public Works household connections. Plan and Mid-Term Plan documents. Department and the Community- These become a reference in the Based Drinking Water Supply and preparation of the Drinking Water Sanitation company (hereinafter Supply System Master Plan (RISPAM). referred to as “PAMSIMAS”). In Chapter 2 of the Bantul Mid-Term
18 See ‘70 Persen Kualitas Air Tanah Buruk ’ (Radar Jogja, 21 June 2018)
Economic Administration Unit of Bantul Regional Secretariat III. Open Contracting Assessment in Bantul PDAM performs the coaching function and PDAM performance supervision in 1. Modalities and Challenges coordination with Bantul Planning Agency and Public Works Agency. Data Availability, Transparency of business planning and and Public Involvement investment in their company The PDAM currently still has when there is a policy to Department of Public Works, not formed a documentation regulate it. Concerns arise when Housing, and Residential Areas and information management it comes to participation and in carries out clean water provision, system for public information. determining which community management, and conduct They have yet to appoint a should be involved and in what 23 procurement in cooperation with documentation and information ways to involve them. Bantul PDAM. management officer. In practice, if the public needs data, the There could also be an technical and administrative opportunity to involve the sections of the PDAM will serve community as an expert to Bantul Planning Agency acts as to provide the requested data. provide input to the PDAM, a coordinator of the Partnership role which the Public Works Committee. It also obtains report Agency has played. However, from the PDAM related to its Planning this would be limited to people performance and financials. The assessment finds that the with specific expertise and not PDAM is open to have the the community in general. public involved in the process
22 Focus Group Discussion “Information Transparency on Procurement and Performance”, 4 September 2019, Ross in Hotel Bantul, DIY. 23 Dokumen Sinergitas Penyediaan Air Bersih Kabupaten Bantul Tahun 2019-2023 (Department of Public Works, Housing, and Residential Areas, 2019). 12 The planning documents related 2. Synergy document on the 3. Tender to the water management in provision of clean water of Bantul that are available upon Bantul Regency year 2019- The types of goods that are IDR 150 million (approx. USD request to the assessment team 2023; often procured by the Bantul 10,900), all of which use a direct but not publicly accessible: PDAM are for pump machine appointment method. 3. Regional Action Plan of and reserve pipes so that at any Water Supply Provision and time when there are damage A major tender is organized by 1. Drinking Water Supply Environmental Sanitation the pipes can be immediately the Public Works Department System Master Plan (RAD AMPL); (RISPAM); replaced. This is done because through the national 4. Business plan. the procurement process e-procurement system (LPSE). can take long. When a pump Until the time of the assessment, breaks or backup pipes run out, it has not been possible for the services will be affected. the Bantul government to 2. Complaint Handling Mechanism Procurement is carried out provide the PDAM with a direct through direct procurement capital injection. Therefore, any The Bantul PDAM has launched application “Siap Prima” (for mechanisms. According to additional efforts to increase the a public service innovation complaints), profitability, cash, PDAM’s internal Standard water supply capacity, including system (Sistem Informasi Inovasi customer base, steady increase Operating Procedures (SOP), developing new installations, Pelayanan Publik or Sinovik) of customer each year and the there are different departments networks or household to facilitate all customers to result of independent audit.24 in the PDAM that conduct the connections, are carried out by access information related to The award was granted by procurement process. During the Public Works Department/ the amount of water bills, water Business News in collaboration the assessment, the values of Agency with the national or flow disruption information, with Asia Business Research PDAM procurement is below local government budget. installation of new connections, Center on 3 May 2018.25 submission of complaints or customer complaints as well However, the Information 4. Award, Contract and Implementation as other information such as Technology (IT) innovation affordable connection programs, developed and managed by the Announcement for tenders in to the public. The assessment connection availability and SMS Bantul PDAM have not been Public Works Department for shows that all contracts with center (+6281-1284-8000). optimal. This is due to the lack projects larger than IDR 150 suppliers, both in the PDAM of an up-to-date information million (± USD 10,900) is carried and Public Works Department Bantul PDAM received the “Top and IT system malfunctions out through the E-Procurement procurement, is not publicly BUMD 2018” Award, an award when the customer submits System (LPSE) according to available. for regional-owned enterprises complains.26 In addition, the prescribed mechanisms. (BUMD), due to its performance. customers believe that the However, the result of small Large procurement is done Some of the criteria for the PDAM does not respond to their tenders carried out by the by the PDAM by requesting award are the android based complaints quickly. PDAM is not communicated capital expenditure to Bantul
24 Penghargaan TOP BUMD 2018 kembali diraih PDAM Bantul
* IDR 150 million = ± USD 10,900
27 Interview with customer, 11 September 2019. At Bangunjiwo Village, Kasihan, Bantul. 28 Ibid. 29 Ibid. 30 Ibid. 16 6. Response from Local Bureaucracy
Regional Planning Agency Regional Public Company). The hydrants and portable water by Regional SPAM Kartamantul Based on information from establishment of the PDAM as systems (SIPAS). The Bantul which is an agreement between Bantul Regency Planning a Regional Public Company is government built a district level the government of Sleman Agency, the number of PDAM due to their social function that water supply in Pajangan as IKK Regency, Yogyakarta City and 33 customers continues to increase is required to fulfill the needs of (Ibukota Kecamatan – capital of Bantul Regency. 32 every year. As the number of clean water for the community. district). customers increases, so does Judging by the income the amount of water distributed A large number of Bantul The Bantul government has deposited to the local treasury to the public.31 For clean water residents still use dug wells recently signed a memorandum by the PDAM, there is consistent management in Bantul, the for the provision of clean of understanding for a new increase of revenue. The PDAM received IDR 4.5 billion water, especially those in regional drinking water supply Planning Agency conveyed that in 2018. The Bantul PDAM drought prone areas and areas system (SPAM) called SPAM the revenue from the PDAM takes the form of a Perumda unreachable by PDAM network. Kamijoro with the Government in 2019 amounted to IDR 350 (Perusahaan Umum Daerah/ The water is supplied through of Yogyakarta Special Region million and in April 2019 this was the construction of public (DIY), Kulon Progo Regency IDR 513 million. This means that and Bantul Regency. The by 2020 PDAM will contribute PDAM Bantul is also supplied to bigger revenue. Nevertheless, PDAM Customers* vs Total Households** in Bantul Regency (2014-2018)
314,535 312,530 319,033 Bantul PDAM Water Distribution in 2014-2018 299,772 305,983 3 300K Average per Customer (m ) 183.02 174.61 166.73 170.50 175 157.04
200K 150
125
100 100K 75
9.74% 6.52% 7.41% 7.80% 8.48% 50
0 25 2014 2015 2016 2017 2018
PDAM Customers Total Households in Bantul 0 2014 2015 2016 2017 2018 Source: *) Bantul Regency in Figures (2018 and 2019) by the Central Bureau of Statistics Source: Bantul Regency in Figures (2018 and 2019) by the Central Bureau of Statistics, **) Yogyakarta Province Regional Secretariat (https://kependudukan.jogjaprov.go.id/)
31 Interview with the Head of Bantul District Planning Agency, 30 August 2019. At Bantul Regency Planning 32 Interview with the head of Bappeda, Agustus 30,2019. At Bappeda Office, Bantul Regency. Agency Office. 33 Ibid 17 18 PDAM shall continue to promote parties to better understand outreach through mass media. document that map out the its public service function the public information related The public can also check the network development to be as a provider of clean water to clean water management PDAM performance through an carried out by the Community for the community.34 During in Bantul Regency and for independent financial audit on Based Drinking Water Supply the time of the assessment, related stakeholders to provide the website of the PDAM.39 and Sanitation (PAMSIMAS) communities that live in the nine public access to the data and and the PDAM. The document villages scattered in three sub- information.37 Procurement in the PDAM is is a reference so that the districts experience difficulties arranged through a Board of network development planning in accessing water due to a Documents that are still in Directors decree similar to all conducted by PAMSIMAS and long drought. The Planning the process or in the planning members of the Association the PDAM does not overlap.42 Agency expects that the Public stage are considered public of Indonesian Drinking Water The synergy document is also Works Agency, the PDAM and documents so public can be Companies (PERPAMSI). At used to ensure that drinking the Community Based Drinking aware of the planning process. the time of the assessment, water and water for irrigation Water Supply and Sanitation However, not all documents there was no regulation of does not come into conflicts (PAMSIMAS) need to make from the ongoing projects can head of local government as they all use the same innovations in those water stress be published in accordance in place that would regulate water source. In Public Works areas. with the Public Information procurement of goods and Department, the Cipta Karya Disclosure Law when it services for regional-owned Division undertakes work with The Planning Agency argued concerns personal data such enterprises.40 The Economic PDAM related to procurement that open contracting principles as the name and address of the Administration Unit of Bantul while the Water Resources must apply to the existing beneficiaries of clean water or Regional Secretariat carried out Division takes care of irrigation. rules and regulations. All PDAM consumers. monitoring and evaluation by organizations should agree requesting information from the The Public Works Department upon the list of information and Economic Administration Unit PDAM. In terms of procurement involves the community in the data to be published and to be The PDAM has exercised in planning/contracting phase, planning process, especially if exempt in accordance with the transparency, participation the PDAM was only required to it is related to the PAMSIMAS 35 law. and accountability principles, announce the auction on their program. There is a forum 41 according to the Economic website. which coordinates planning Information Commission of Administration Unit of the and implementation of the Yogyakarta Special Region Regional Secretariat of Bantul Department of Public Works, drinking water supply called The assessment finds that Regency. The PDAM workplan Housing, and Residential Areas the Partnership Committee documents related to clean is a part of development plan. In terms of planning, Bantul (PAKEM) which is uniform across water management in Bantul Thus, community can provide Regency has a Drinking Water Indonesia. The Committee falls under the category of input to the PDAM work plan Supply System Master Plan consists of several elements like public document, in which through the development (RISPAM) which is enacted in the Regional Planning Agency, some information is exempt and planning process.38 The PDAM’s Regent Regulation Number Public Works Department, the some is public information.36 financial statements have been 63 of 2014. In addition, the PDAM, PAMSIMAS, academics The provincial Information audited by public accountants Public Works Department and community representatives. Commission encourages related and there has been public has drafted a long-term plan
34 Interview with the head of Bappeda, 30 Agustus 2019 at Bappeda Office, Bantul Regency. 39 See https://www.pdambantul.com/profil/info-perusahaan/ 35 Ibid. 40 Answer to written questions sent on 17 September 2019. 36 Focus Group Discussion “Information Transparency on Procurement and Performance”, 4 September 2019, 41 Ibid. Ross in Hotel Bantul, DIY. 42 Interview on 29 August 2019 at Public Works Department Office in Bantul District 37 Ibid. 38 See https://www.pdambantul.com/profil/info-perusahaan/ 19 20 7. Local Policies and Regulations
There are several policies and Number 23 of 2018 on the and investment period of Create SOP for Public Services regulations which are relevant in Amendment of Regional Bantul PDAM will expire. At the in PDAM this study: Regulation Number 22 moment, the PDAM is drafting The PDAM as a regional-owned of 2012 on Equity Capital another business plan for the enterprise is considered a • Bantul Regional Medium- for the Regional-Owned next period. The CSO network public body under the Public Term Development Plan Enterprises and community groups are Information Disclosure Law. 2016-2021 encouraged to be involved in • Regent Regulation Number They must provide information preparing the PDAM business • Bantul Regional Regulation 79 of 2018 on the Synergy in terms of provision of clean plan that accommodates the Number 11 of 1990 on Bantul between Drinking Water water, complaints handling as interests of the community. PDAM Supply and the Drinking well other information services. Water Supply Development There is an opportunity for CSOs • Regent Regulation Number Ensure that Business Plan Master Plan to assist and to provide input to 130 of 2018 on the Reflect Consumer Needs the PDAM for the development Procurement of Goods and • Regent Regulation Number There is an opportunity for of SOP for public service as well Services 75 of 2007 on Water Tariff CSOs to provide input to PDAM as to publish the information to Regulation of Bantul PDAM • Regional Regulation Number in conducting the customer the community. 22 of 2012 on Equity Capital • Regent Regulation Number satisfaction survey and to for the Regional-Owned 36 of 2011 on Housing identify customers’ needs in Enterprises Development Guidance relation to water services as in Bantul Regency. Article • Regional Regulation Number a basis in drafting the new 12 verse (2) states that if 7 of 2005 on Transparency business plan. a household is located in and Public Participation area where PDAM service in Government in Bantul Create Procurement Standard is available then it must be Regency Operating Procedures (SOP) connected to the PDAM which incorporates open • Regional Regulation drinking water network. contracting principles There is an opportunity for CSOs 8. Engagement with PDAM to provide input to the PDAM to communicate about the SOP Publication of Business Plan are encouraged to build more for procurement and to publish The Bantul PDAM has published communication with the Bantul the procedures on the PDAM the customer service procedure, PDAM and provide input to the website. The SOP aims to ensure profit/loss statement, the results PDAM to publish business and the procurement complies of an independent audit, its investment plans. with some principles of open cash position and a number of contracting in order for the customers of the Bantul PDAM Ensure Public Involvement in public to be able to monitor the on their website43. The CSO Business Planning procurement process. network and community groups The 2015-2019 business plan
43 See https://www.pdambantul.com/profil/info-perusahaan/
21 Create a Guidance for publishing data and information Semarang City Publishing Data and Public to the public. The opportunity Information in PDAM is for CSOs to help develop an information guide that Case Study There is an opportunity for CSOs to approach the PDAM categorizes which data and both formally and informally information are public and in order to create awareness which aren’t. concerning the importance of 16 sub-districts
9. Engagement with Local Government 177 Semarang urban villages City Through Partnership Community to become a Committee (PAKEM) platform for community groups to engage in the planning, Population At the time of writing, implementation, supervision 1,786,114 community involvement in and evaluation of water sector people PAKEM is represented by management programs in honorary employee citizens of Bantul Regency. the Public Works Department. Area 2 The honorary employees have 373.70 km Draft Regulation on Regional- a non-permanent status at the Owned Enterprise Procurement office. There is an opportunity 7 rivers for the CSO network in the Currently the Draft regulation flow the City area who are concerned on Regional-Owned Enterprises with environmental issues to is being compiled by the work in the water sector and government of Bantul. There 11 integrate or mainstream it to is an opportunity for CSOs and watersheds the other community groups customer organizations to try like Community Budget to access the draft regulation Source: Map of Central Java Learning Centre. There are and to provide inputs for the Semarang City Statistic Agency, Semarang City in Numbers, 2019. also opportunities for CSOs or regulation to reflect and/ community groups to be a part or incorporate the open of the Partnership Committee. contracting principles. The goal is for Partnership The city of Semarang has an area of hills. The northern side consists of 373.70 km2, which is divided into 16 beaches and lowland with a slope 10. Engagement with CSO and Consumer Organization sub-districts and 177 administrative- of 0-2 degrees with a height of villages. Topographically the city 0.75-3.5 meters above sea level. The There is an opportunity relevant in terms of their of Semarang consists of coastal southern are hilly area with a slope for related stakeholders to participation in the planning areas, lowland and highland or of 2-40 degrees. develop and strengthen the process, implementation and CSO network and consumer water service provisions in organizations. This is particularly Bantul Regency.
23 24 Rivers flowing into the city of timur. The stakeholders in water As a downstream region, the city of The Open Green Space Policy Semarang include Garang, Times governance in the area of Semarang Semarang receives water discharge (Ruang Terbuka Hijau or RTH) is Pengkol, Kreo, Banjir Kanal Timur, includes: the Mayor, Semarang from upstream river crosses. The regulated by Local Government Babon, Kripik, Dungadem and other City Planning Agency, PDAM Tirta sinking also increases the risk of Regulation Number 7 of 2010 small rivers. The rivers are managed Moedal who is the water service flooding in the rainy season. This regarding Open Green Spaces. The in 11 watersheds (hereinafter provision operator, Semarang condition is compounded by the Regulation leads to the provision referred to as “DAS”or Daerah Aliran City Public Works Agency, Central characteristics of the hilly region of the Open Green Space Policy as Sungai ), namely DAS Tugu, DAS Java Province Public Works, Water with a very steep altitude difference one of the efforts on flood control. Banjir Kanal Barat, DAS Banjir Kanal Resource and Spatial Planning so that the rainfall occurring in the The policy also regulates the Timur, DAS Barat, DAS bringin, Agency and Balai Besar Pamali upstream area will be very rapidly arrangement of green open spaces DAS Blorong, DAS Plumbon, DAS Juwana which is part of Public flowing into the downstream area. that includes planning, utilization, Silandak, DAS tengah and DAS Works Ministry. and control.
I. Land Subsidence
The city of Semarang is experiencing and leaves only about 12 million Land and Water in Semarang City subsidence, especially in the north- m3 of volume. The number east part. Based on measurements decreased from 61 million m3 in Semarang City is experiencing land subsidence. Its groundwater reserves with various methods such as 2010. Groundwater table fell below have depleted. Levelling, Interferometric Synthetic the seawater surface up to 50 Aperture Radar (InSAR), Microgravity meters, resulting in the formation of and Global Positioning System groundwater cones and saltwater [GPS], experts conclude that in intrusion in the northern part of the period 1999-2011 the rate of Semarang.45 sinking in the north of Semarang is at the speed of about 19 cm/ The subsidence in Semarang has year. According to GPS-based actually occurred since more sensing between 2008-2011, the than 100 years ago (Abidin et al, land subsidence in Semarang varies 2013). These problems show that temporally and spatially, with a groundwater extraction in Semarang speed between 6-7 cm/year up to has exceeded its sustainability limit. an en e 14-19 cm/year44. Therefore, the alternative supply of 2008-2011 : 6-7 cm up to 14-19 cm per year 1999-2011 : 19 cm per year in the north of Semarang City surface water sources needs to be Putranto (2014) concluded that prepared (Putranto et al, 2017). ro n a er o me intensive groundwater abstraction 2010 : 61 million m3 • 2019 : 12 million m3 in the city of Semarang caused groundwater reserves to deplete
In the north of the city, groundwater table fell below seawater surface ±50 meters
44 Abidin HZ, Andreas H, Gumilar I, Sidiq TP, Fukuda Y (2013) Land subsidence in coastal city of Semarang Source: (Indonesia): characteristics, impacts and causes. Geomatics, Natural Hazards and Risk, *) Land subsidence in coastal city of Semarang (Indonesia): characteristics, impacts and causes. Geomatics, Natural Hazards and Risk, Abidin HZ, et al. (2013) 4(3): 226-240 **) Putranto T.T, Hidajat W. K, Susanto, N. 2017. Developing groundwater conservation zone of unconfined aquifer in Semarang, Indonesia. 2nd International Conference 45 Putranto T.T, Hidajat W. K, Susanto, N. 2017. Developing groundwater conservation zone of unconfined on Tropical and Coastal Region Eco Development 2016 aquifer in Semarang, Indonesia. 2nd International Conference on Tropical and Coastal Region Eco Development 2016 25 26 West Semarang Drinking Water 46 II. List of Planned and Existing Water Projects in Semarang City Supply System, A Mega Water Project West Semarang Drinking Water Water Worx Supply System (SPAM Semarang This Program aims to increase A Public Works Ministry’s project aims Barat) access to drinking water sustainably to fulfill the needs of drinking water in A project of the Ministry of Public for 10 million people until 2030. three sub-districts Works the aim of which is to fulfill Semarang is one of the program the needs of drinking water in West areas. This program is implmented Semarang, Ngaliyan and Tugu area. by Dutch Companies (Vitens, Evides Total investment amounted to IDR Water Company, WML, Water 1.15 trillion which consist of PT. company Groningen, Brabant Water, Moya IDR 417.2 billion, Directorate PWN, Oasen, Dunea, Waternetand General of Water Resources (Ditjen WMD) and PDAM of Semarang. Tugu West SDA) IDR 90 billion, Director General Semarang of Cipta Karya IDR 221 billion, local Toll and Sea Wall budget (hereinafter referred to as Ngaliyan “APBD”) IDR 100 billion and PDAM The project aims to construct toll IDR 322 billion. The Special Purpose road for the connecting economic Vehicle will be PT. ASB. The Drinking lines as well as building sea walls Water Supply System (SPAM) project to manage flooding in Semarang will start in 2020. and Demak. The project will start running in 2020. East Canal Flood Normalization ICZM for sustainable development Map of Semarang City This is a project by the Ministry of Public Works which aimed at The Dutch-Indonesian consortium overcoming sea-water increase assists local authorities with the flooding and regular flooding, development of knowledge and especially in the area of North capacity to carry out the Integrated and East Semarang. The budget Coastal Zone Management (ICZM). allocation of this multi-years project In cooperation with a study center amounts to IDR 560 billion and To a n e men 2020 The project will start in Diponegoro Public University is targeted to be accomplished ± R trillion in 2020 by PT. ASB in 2020. The work involves the (UNDIP), the project is aimed ›› approx.U million dredging of 927.716 m3 of sediment at developing and improving and the installation of sheet piles human capacity for sustainable up to 14.6 km. In addition to development on the northern “normalization”, the project will coast of Central Java with special also include development of park, attention to gender equality and recreation and sports areas. involvement of marginal.
PT. Moya: PDAM Tirta Moedal: Ditjen Cipta Karya: APBD Kota Semarang: Ditjen SDA: ± IDR 417 billion ± IDR 322 billion ± IDR 221 billion ± IDR 100 billion ± IDR 90 billion ›› approx. ›› approx. ›› approx. ›› approx. ›› approx. USD 28 million USD 21 million USD 14 million USD 6.7 million USD 6 million
46 Presentation from Bosman Barubara, ‘Diskusi Workshop Masa Depan Semarang Sebagai Kota Pesisir Jawa Source: Tengah’] at Unika Soegiyapranata University, 1 August 2019 Bosman Barubara, Presentasi ‘Diskusi Workshop Masa Depan Semarang Sebagai Kota Pesisir Jawa Tengah’] at Unika Soegiyapranata University, 1 August 2019 27 28 PDAM Tirta Moedal of Semarang City Ground Up and groundwater affecting flood risk and access to water. The program It is a practice-based analysis translates sciences in the field of (based on the diameter of water meter)* of groundwater governance for Maintenance cost hydrology, technical, and social integrated urban water resources processes in order to form the management. Administration tari : integration of groundwater and R (± USD 0.17) à R (± USD 0.48) surface water management for The science and daily knowledge groundwater users and residents. integration program covers problems related to surface water ½ inch R (± USD 0.34) à R (± USD 0.65)
¾ inch R (± USD 0.51) à R (± USD 1.02) III. PDAM Tirta Moedal of Semarang City
PDAM Tirta Moedal was established Central Semarang, South Semarang, 1-1 ½ inch R (± USD 0.51) à R (± USD 2.73) based on Regional Regulation West Semarang, East Semarang and Number 12 of 1978 regarding the North Semarang.49 Establishment of the Semarang City > 2 inch R (± USD 1.20) à R (± USD 9.56) PDAM.47 This was later amended Our interview with citizens in into Regional Regulation Number three districts which are served by 8 of 2013, then into Regional PDAM reveals that (physical) water Regulation Number 9 of 2016, quality is deemed to be acceptable, which then further amended into except that the smell of calcium Regional Regulation Number 2 of hypochlorite is quite strong. As a Strong smell of Muddy water Water 2019 regarding Tirta Moedal PDAM, note, the strong smell indicates that calcium hypochlorite City of Semarang and promulgated calcium hypochlorite is still in effect, Quality** through the Regional Gazette of which could mean that disinfection Water flows only The majority 2013. is working. Continuity is deemed for 3-5 hours per day of pipes are at risky problematic. During drought, or every 2-3 days condition to break The purpose of the establishment water flows only for 3-5 hours per of the PDAM Tirta Moedal is to day or every 2-3 days with muddy fulfill the needs of quality drinking quality. The majority of pipes were water at affordable prices in order constructed by the Dutch colonial to support the realization of public era and are at risky condition to health and regional income.48 break. Pipe leakages can decrease Target of 50 PDAM in Semarang City has 5 water pressure. coverage branch offices which are located in (2018) level by 2020***
47 Regional Regulation Number 8 of 2013 on Tirta Moedal Drinking Water Company of Semarang City, article 2 verse 2 48 PDAM Tirta Moedal Business Plan 2013-2017 Government’s PDAM’s Reality 49 PDAM Tirta Moedal Kota Semarang
51 Semarang Mayor Regulation 31 Tahun 2019 on PDAM Tariff 52 ‘PDAM Semarang Naikkan Tarif Agustus Ini | Semarang - Solopos.com’
1. Regulation on Participation 3. Planning The Government Regulation are directly appointed by the Number 54 of 2017 concerning mayor.58 The research shows that PDAM’s 027/50/2017 issued on 5 July Regional-Owned Enterprises procurement plan starts with 2017 concerning procurement (BUMD) mentions that Other governance practices the 2013-2033 Drinking Water guidelines whose provisions consumers shall be represented such as business planning, Master Plan Document. From are in line with Presidential on BUMD as a member of the procurement and performance the master plan, they make a Regulation 16 Year 2018. supervisory board. However, the evaluation also do not involve more detailed 5-year business Procurement is implemented process of selecting who sits the public. Public involvement and investment plan (Rencana in the planning, equipment and on the advisory board does not is represented by community Bisnis dan Investasi or RBI) research development division. involve the community as they members in the advisory board.59 which will serve as the basis Procurement requirement is for their annual work plan and divided into two: operations budget (RKAT). Both documents and investments.61 Majority 2. Documentation and Information Management System have been provided to the of operational needs are research team at the end of this conducted through direct research. appointment and quick tender PDAM Tirta Moedal’s and a part of the government (lelang cepat).62 Investments are Information and Documentation of Semarang City’s PPID. The According to a PDAM official, partially included onNational Official (hereinafter referred to PPID was decreed by Board the legal basis of procurement Public Procurement Agency as “PPID”), is an auxiliary official of Directors Letter Number is the Decree of Directors (NPPA) website at http://sirup. lkpp.go.id/.
55 Regional Regulation Number 6 of 2016 on Semarang City Regional Medium-Term Development Plan 2016- 2021 56 Ibid. 60 Mohamad Mova Al’Afghani. Focus Group Discussion on Transparency in PDAM Tirta Moedal Procurement 57 Interview with Assistant II Regional Secretary of Semarang City on 26 August 2019 in Semarang City Hall. and Working Performance, 3 September 2019 at Grandika Hotel, Semarang City. 58 Interview with Assistant II Regional Secretary of Semarang City on 26 August 2019 in Semarang City Hall. 61 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal’s office. 59 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal’s office. 62 Ibid. 33 34 Procurement in Data from the NPPA retrieved 10 work packages for PDAM, by the research time during 9 are directly through PDAM PDAM Tirta Moedal the research implementation and 1 through Semarang City showed that in 2019 there are government.63 Governed by Board of Tender phase: Conducted For most of PDAM's operational Directors Regulation on the through Diponegoro Public needs, the procurement is guidelines for procurement University E-Procurement conducted through direct of goods and services System appointment 4. Tender Procurement O cer: Procurement in PDAM Tirta The procurement is conducted Moedal of Semarang City through NPPA for planning and President Director is governed by Board of Diponegoro Public University Project > IDR 10 billion (approx. USD 687,000) Directors Regulation Number E-Procurement System for 027/50/2017 on the guidelines tendering phase.65 For most Field Director for procurement of goods and of PDAM’s operational needs, Project IDR 500 million- IDR 10 billion services. Procurement can be the procurement is conducted (approx. USD 34,355-687,000) implemented periodically for through direct appointment, one year or more than one providing job package directly to Procurement Committee Project IDR 200-500 million 66 year with an “accountable” good quality vendors. In the (approx. USD 13,742-34,355) quality, price and objective.64 NPPA e-procurement system, In addition, the regulation we discovered that in 2019 Relevant o cer Project IDR 50-200 million also covers rents and self- there are ten procurements (approx. USD 3,435-13,742) management of procurement related to PDAM: nine of them (hereinafter referred to as are administered by PDAM, Source: “Swakelola”). Rents are grouped one of them is managed by Regulation of PDAM Tirta Moedal Directors Number 027/50/2017 on Procurement Guideline, article 7-13. into 3 systems: pure renting Semarang City government.67 In system, rent and purchase the meantime, there are 2 work and rent a charter contract packages regarding installation with a maximum of five years. of pipes in 2019 and three work In the director’s regulation on shall act as a procurement Meanwhile, swakelola types packages in 2018 carried out procurement of goods and officer whereas for values are planned, implemented and through Diponegoro Public services, the procurement ranging from IDR 500 million-10 supervised by PDAM themselves. University e-procurement management consists of the billion field director shall act system.68 President Director, Field Director, as a procurement officer, the Procurement Committee, meanwhile for values up to IDR the direct procurement officials 200-500 million implementing and the Committee of the procurement committee shall Examiner and the recipient act as Procurement Officer.70 of goods and services.69 For Direct procurement of IDR 50- procurement above IDR 10 200 million is handled directly 63 LKPP.
PDAM Tirta Moedal is the handling.79 For a direct handling 6. Implementation Government Contracting management system, public Agency (PJPK) while PT.ASB needs to submit their complaint For West Semarang, the ahead.76 The project began with is the operating entity.77 or feedback to the Officer, then Semarang City government the fencing of lagan and landfill, The stages of construction fill out the form and deliver to has fulfilled financing to start the development of water development are not really the PDAM counter or branch physical development carried treatment plan and production. known to the public.78 office.80 For indirect complaint out by PT. ASB up to 1.5 years handling mechanism, public can PDAM Tirta Moedal Complaints share their concerns through Service consists of two multiple channels such as 71 Ibid, article 7. services: direct and indirect letter, “Lapor Hendi” online 72 LKPP. https://sirup.lkpp.go.id/sirup/ro/cari?tahunAnggaran=2019&keyword=pdam+tirta+moedal+&jenis Pengadaan=0&metodePengadaan=0, accessed on 8 October 2019. 73 Electronic Procurement System (LPSE) of Semarang City.
complaint channel; Call Center The research team finds Central Java Province current business and investment to (024) 769209999; through that Lapor Hendi channel is Information Commission plans is not yet disclosed to the Email at pdam@pdamkotasmg. considered to be quite effective. has a role in conducting the public and related documents co.id; and/or through social The average complaint received assessment or rating of public are also difficult to be accessed media like Facebook: PDAM by the channel which is bodies’ information service, one by the public. Moreover, the City of Semarang, Twitter: addressed to PDAM every month of them is PDAM as a regional- drinking water supply system @pdamkotasemarang, or is around 50 complaints.82 The owned enterprise (BUMD).87 At master plan (RISPAM) is not Instagram: Pdamkotasemarang.81 complaint contents usually the moment, the assessment available on the PDAM’s website concern supply interruption, low of public bodies and BUMD but the public can ask for the pressure or murky water.83 by provincial Information document by sending a request Commission is still conducted letter to PDAM.90 at the provincial level, and not 7. Consumer Organization at a regency/city level.88 It is The City Government Economic possible that in future rating, Unit is tasked by the mayor One of the consumer There is a need to frame BUMD at regency/city level can through the Regional Secretary associations in PDAM is the the advocacy with the right be assessed.89 This assessment to supervise the performance Customer Communications communication language for can be utilized as an incentive of PDAM. The meeting forum 86 Forum (FKP). This Forum is the community. Another toward transparency, a form meeting between Semarang managed by LP2K Central challenge would be if of appreciation to PDAM who City Government and PDAM is Java and recognized by PDAM consumers are interested to has provided appropriate not held regularly.91 Discussions as one of the institutions to engage in the preparation information services to the about PDAM’s strategic policies 84 communicate with consumers. of PDAM business plan and community. such as investment and business This Forum helps to advocate investment plan, they might plans as well as tariff increases consumers’ interest towards not have the ability to read The Local Government are held between the two PDAM for unsatisfactory the documents. CSOs can Planning Agency has a role in institutions. services. The downside, play a role as infomediaries to developing a regional long- however, is that not every translate the information in said term development plan (RPJPD) During the assessment, the customer knows that the documents. During the time of which will be a basis to create research team asked for several 85 forum exists. The Forum can the research, PDAM Tirta Moedal the drinking water supply documents to the Semarang become a strategic partner in of Semarang City does not have system master plan (RISPAM). City Regional Secretary and encouraging the openness of a public consultation forum on In addition to that, the Regional PDAM Tirta Moedal. Researcher contracting. their future policy except for Planning Agency also drafted sent a request letter to access tariff increases. the medium-term development the 2013-2018 and 2019-2024 plan with the goals detailed in busines and investment plan PDAM’s business and investment of PDAM Tirta Moedal to the plans. The preparation of the Assistant of Documentation
81 Ibid. 82 Semarang City Communication and Informatics Agency, ‘Service Record of PDAM Tirta Moedal of Semarang 87 Focus Group Discussion on Transparency in PDAM Tirta Moedal Procurement and Working Performance, 3 City’ (Lapor Hendi Monitoring and Evaluation activity on 3 December 2019) September 2019 at Grandika Hotel, Semarang City. 83 Ibid. 88 Ibid. 84 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal office. 89 Commissioner of Central Java Information Commission. Focus Group Discussion on Transparency in PDAM 85 Interview with Consumer Development and Protection Agency of Central Java Province on 28 August 2019 Tirta Moedal Procurement and Working Performance, 3 September 2019 at Grandika Hotel, Semarang City. at the Agency office. 90 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal office. 86 Ibid. 91 Interview with Assistant II of Semarang City Regional Secretary on 26 August 2019 di Semarang City Hall. 39 40 and Information Management the two organizations, including Supervisory Board of 7. Semarang Mayor Regulation Officer (PPID) at Semarang City to the Regional Secretary as Semarang City PDAM; Number 35 of 2017 on Regional Secretary. Researcher the supervisor of the PPID. The Guideline for Information 5. Semarang Mayor Regulation also asked for PDAM Tirta requested documents were Management and Public Number 42 of 2012 on Moedal financial report of 2016- obtained on 7 October 2019. Documentation; Regional Action Plan on 2018 period. Additionally, the Drinking Water Supply and 8. Semarang’s Drinking Water research team also asked for The research finds that the Environmental Sanitation; Supply System Master Plan several documents to PDAM Semarang City government (RISPAM); and Tirta Moedal, including Standard will publish their contract 6. Semarang Mayor Regulation Operational Procedure (SOP) documents when the Mayor Number 34 of 2017 on 9. PDAM Director’s Decree on Customer Service, SOP of Semarang, as the Supervisor Guideline for Management Number 027/50/2017 on on Monitoring, and PDAM of the Information and of Citizens Complaint on Guideline for Procurements Tirta Moedal Directors Decree Documentation Officer of the Public Service; at PDAM Tirta Moedal. concerning procurement. city, allows them to do so.92 In Researcher sent the request the Public Information List of 10. Engagement with PDAM letters on 19 September 2019. Semarang City 2018, contracts Since there was no response are not yet included within the Implementing Public Providing Assistance in PDAM from the PPID at Semarang City public documents category. Information Disclosure Law on SOP Drafting for an Inclusive Regional Secretary and PDAM The list of exempt information Procurement Contract Procurement Tirta Moedal, the research team cannot be accessed by the then sent objection letters to research team. Procurement contracts should, Under Government Regulation by nature, be disclosed.93 This Number 54 of 2017, PDAM has can be done in Semarang in two to draft three kinds of SOP: SOP 9. Local Policy and Regulation ways. First, by including them for customer, SOP supervision on the list of public information. and SOP procurement of goods There are several regional of Regional Mid-Term Currently PDAM is in the process and services. The 3 SOPs can regulations and policies that are Development Plan 2016- of developing a list of public provide a technical guideline related to open contracting in 2021; information as well as a list of for PDAM to implement a PDAM: 94 3. Regional Regulation Number exempt information. Secondly, transparent and inclusive 2 of 2019 concerning PDAM by conducting a “balancing procurement. 1. Regional Regulation Number Tirta Moedal; test” (harm test and public 14 of 2010 on Additional interest test) towards contracts. Creating an Official Customer 4. Semarang Mayor Regulation Capital from Semarang City Contracts should be disclosed Forum Number 18 of 2012 on to PDAM; if pursuant to such a test, there Guideline for Remuneration In order to strengthen the 2. Regional Regulation Number is a greater public interest in for the Directors and community’s position, there is 11 of 2017 on the Revision opening them. However, this would require some additional a need to facilitate a monthly capacity building with PDAM. discussion forum between
92 Interview with Assistant II of Semarang City Regional Secretary on 26 August 2019 di Semarang City Hall.
93 Commissioner of Central Java Information Commission. Focus Group Discussion on Transparency in PDAM Tirta Moedal Procurement and Working Performance, 3 September 2019 at Grandika Hotel, Semarang City. 94 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal office. 41 42 PDAM Tirta Moedal and Communication Forum (FKP) Jakarta its consumers. The Forum as a consumer forum to raise will discuss various water complaints to PDAM, however, service issues and provide PDAM does not respond to the Case Study recommendations to increase forum. Therefore, a new official service quality. Consumer forum should be organized that Development and Protection can work together to channel Agency (LP2K) of Central Java voice to PDAM. already established Customer
11. Engagement with Local Government
Intervene on the Drafting of Monitor if complaints have Mayor Regulation Pertaining been addressed Procurement The LAPOR HENDI system is a Semarang is currently Semarang general complaint drafting Mayor Regulation on system that is already operating. Procurement at Economic This system can also be Section of Semarang City which used to complain against can serve as the basis to develop procurement processes or low- this SOP of the aforementioned quality water services.96 The PDAM SOPs.95 There is a scope system is currently run by the to intervene in this regulatory Communication and Informatics process. CSOs can provide Agency in Semarang City input to allow communities government. to be involved in the PDAM procurement process.
95 Interview with Assistant II of Semarang City Regional Secretary on 26 August 2019 di Semarang City Hall. 96 Interview with PDAM Tirta Moedal of Semarang City on 2 September 2019 at PDAM Tirta Moedal office.
43 44 Causes 725-748.(2019) 7 6 5 4 3 2 1 Sources: . DKIJakartaStatisticsAgency in Jakarta" Water Alternatives 12(2): Lobina,E.etal."Water justicewillnotbetelevised:Moraladvocacy andthestrugglefortransformative remunicipalisationinJakarta"WaterAlternatives 12(2): “JakartaIsSinkingSoFast,ItCouldEnd UpUnderwater”TheNewYorkTimes(21December2017) Ibid “InilahKepadatanPendudukdiDKIJakarta |Databoks”Katadata.co.id(21June2019) “HasanuddinZAbidinandothers,‘Land SubsidenceofJakarta(Indonesia)andItsRelationwithUrbanDevelopment’ (2011) “Jakarta’sRiverWaterSeverelyPolluted: Bappenas”TheJakartaPost(2February2018) Map of DKI Jakarta Parts ofJakartawillbeunderwaterin2030 between PAMJayawithPalyjaandAetrawill endin2023. PAM Jayaandtwoprivateconcessionaires:Palyja andAetra.Theconcessioncontract Water supplyserviceinJakartaSpecialProvince isprovidedby3watercompanies: 6 DKI JakartaataGlance of groundwater Over abstraction 5 due tolandsubsidence 7
high-rise buildings Development of people (2018) 10,467,629 Population 664,01 km Area Regency/City 6 15.7 thousand/km Population Density Sub-Districts 44 (heavily polluted) 13 rivers 2 1 2
4 2
45 3
“FIT” Company status= Drinking Water PAM Jaya Company iscalled Jakarta DrinkingWater Jakarta DrinkingWaterCompany required todevelopthegovernanceofPAMJayaafterprivatizationendsin2023. The study focus is on PAM Jaya's procurement. This is because special attention is The studyfocusisonPAMJaya'sprocurement.Thisbecausespecialattention Coverage Level:
(2017) 62.22% The SupportingAgency forDrinkingWaterSupplySystem Development,2018
$ Performance Assessment: Regional DrinkingCompany ›› Poor=Score<2.2 ›› Unfit=Score2.2-2.8 ›› Fit=Score>2.8 Assessment Category Source: ›› HumanResource(15%) ›› Operational(35%) ›› Service(25%) ›› Financial(25%) Assessment Indicators di Indonesia) (the mostexpensive IDR8,160/m3 Tari : Non-Revenue Water: 44.16% 46 Procurement in PAM Jaya Performance Supervisor Regional-Owned PAM Jaya* is supervised by several institutions Enterprises The Supervisory Agency for Regional-Owned Enterprises (BPBUMD)
Oversee PAM Jaya on behalf of the provincial government. Participate in drafting PAM Jaya’s business plan. Government Regulation No. 54/2017 on Regional-Owned Enterprises Water Resources Agency Head of regional government 20 (ie. Governor in Jakarta) should Responsible for planning, management, development, regulate procurement process maintenance, treatment, control, monitoring, evaluation, 17 in Regional-Owned Enterprises. research, development and security of water resources in Jakarta. Procure capital expenditure goods to be granted to PAM Jaya
Jakarta Drinking Water Regulatory Agency PAM Jaya started using its (BR-PAM) new procurement system Regulate both PAM-Jaya and its private concessionaires, Separated from the other Palyja and Aetra. government units’ Electronic Procurement System. 20 Disclosure level is still below the 19 Electronic Procurement System.1 National Development Planning Agency (BAPPENAS)
Coordinate regional planning, which includes the plan to improve water supply and sanitation access.
Jakarta Governor Regulation 20 No. 50/2019 on Procurement 19 in Regional-Owned Enterprises Regional Information Commission of Jakarta The regulation outlines the basic principles and requirements for Settle information disclosure dispute between PAM Jaya and procurement in Regional-Owned Sources: 1 public who request their information. Enterprises but leaves the detail to PAM Jaya statement’s in Focus Group Discussion in each enterprise. Jakarta, 18 September 2019
Legend: * PAM Jaya is regional drinking water company in Special Capital Region of Jakarta
47 48 Transparency in PAM Jaya Open Contracting Implementation in PAM Jaya PAM Jaya* does not have Public Information and Documentation Ocer (PPID)**
The concession contract is not a public document though it contains clauses which regulates customer’s rights.1
PAM Jaya does not make their $ $ $ financial data and reporting available for public PAM Jaya due to their cooperation with the private sector
Lack of Public Participation Privatisation contract is not Procurements and contract 1. publicly available, although 4. documents outside of it has been declared by the concession arrangements in PAM Jaya’s Work Planning Court to be partially are not opened for public opened.1 though they are not bound by the confidentiality clause. PAM Jaya is drafting a Jakarta does not business plan with The have any Drinking Supervisory Agency of Water Supply Region-Owned Entreprises System Master (BP-BUMD) but there is no A confidentiality clause in the The new procurement Plan (RISPAM)*** 2. contract prevents contract 5. system in PAM Jaya has public involvement. document disclosure without not been designed to prior written consent of the disclose the contracts. concessionaires. There is no special PAM Jaya agrees that forum by PAM PERENCANAAN public should be involved Jaya to involve the in the corporate planning Legend public in terms of process Information related to planning 3. operator performance is * BR-PAM is an independent agency that regulates both PAM-Jaya and its private concessionaires, available in the Drinking Water Palyja and Aetra. The status of the regulatory Company Regulatory Agency agency was set up by Jakarta Government2 (BR-PAM)* website, but the Legend quality of the information Source: *) PAM Jaya is regional drinking water company in Special Capital Region of Jakarta varies depending on the policy 1 The Indonesian Supreme Court Ruling No. 172/G/2012/PTUNJKT **) As stated in the Public Information Disclosure Law of Indonesia, PPID is an ocer responsible for information of the regulators 2 Governor Regulation of Jakarta Special Capital Region No storage, documentation, information provision and/or information service in the public body. 118/2011 and No. 254/2015 ***) RISPAM: a long term development plan that serves to coordinate and strategize the fulfillment of drinking water access for all citizen through multiple sources
Source: 1 Mohammad Mova Al Afghani, Transparansi regulasi penyediaan air minum di DKI Jakarta (Edisi 1, Ecotas 2011) 49 50 PAM Jaya Consumer Lessons Learned Organization
Lessons Learned
There is no consumer body* that has been officially recognized by Jakarta provincial goverment
BANTUL SEMARANG JAKARTA
Legend *) Komite Pelanggan Air Minum (KPAM) or Drinking Water Customer Committee has been established in partnership with the concessionaire. However, the committee is not an o cially recognized consumer body.
51 52 Pros and Cons of the Existing make a plan with the estimated However, at the moment there are information they look for. There Procurement Regulation income received in the next year.97 no guidelines for how procurement is also a concern on the lack of should be regulated by the regions clarity and adequate information One of the advantages of separating With companies, including regional- or by PDAMs. Head of Local on the details of the procurement state/regional-owned enterprises owned companies, they can start Governments are often afraid published on the PDAM websites.99 procurement from government/ the procurement process of a pipe to take risks and thus refer the regional government procurement tender in January, and have the regulation to Presidential Regulation However, smaller PDAMs or the is to allow more flexibility. The contract signed in March. In the on Procurement applicable to ones located outside of Java may assessment finding shows that contract, the company can set the government. Unfortunately, have different practices compared budget availability is one of the main up the payments to be made 3 some rules and regulations in to the larger ones and do not reasons for separating the process. months later when revenues have the Presidential Regulation are announce their tenders.100 In For example, prior to making the already been collected. It is found actually incompatible for business. practice, vendors received last- procurement plan, the government that this sometimes becomes a Ideally, Regulation of Head of minute requests for big purchases. budget is always available. concern for a PDAM, as it is often Local Governments should only In order to avoid the lack of stock Government entities are oriented assumed that the law enforcer will regulate general matters while the when requested by PDAM, vendors towards spending the budget. require the money to be available. details are decided by each PDAM.98 need to be proactive and call each However, companies have different This requirement is different with One respondent mentioned that PDAM to provide a global estimate approaches to their procurement the approach of the PDAM as a there are only 50 PDAMs that have on their next year procurement plan. process. When companies draw- company where they can engage in internal rules regarding procurement up their annual budget plan (RKAB) factoring agreements. out of the total 380 PDAMs. A more detailed and better annual in December, the money is not yet procurement planning shared by the secured and available as they can Transparency and Public public will allow vendors to have a Involvement in Business and more competitive bidding and the Investment Planning government will have more options Government and Drinking Water Procurement Process Respondents from the assessment with more vendors participating in their procurement process. Government using State/Local Budget generally showed support for transparency and public involvement in business and It can be concluded that every investment planning. However, stakeholder supports the disclosure concerns were raised on access of business and investment plan PROCUREMENT ANNUAL BUDGET documents. Nevertheless, there PROCESS PLAN APPROVED PAYMENT MADE AS to procurement information from DEVELOPED STARTED THE BUDGET IS AL- the PDAM. Specific concerns were are questions regarding the extent READY AVAILABLE raised by vendors on the lack of public involvement in business Drinking Water Company using their annual revenue of engagement with the PDAM planning. when procurement information is published. There is a need for a The assessment finds that the vendor to have a notification when business plan and Drinking Water PAYMENT a PDAM has uploaded the type of Supply System Master Plan (RISPAM) COULD BE MADE would still require civil society ANNUAL PLAN PURCHASE GOODS OR UPON REVENUE DEVELOPED GOODS OR SERVICES IS COLLECTED* SERVICES RECEIVED
Source: Focus Group Discussion in Jakarta, 5 August 2019 *) Based on the agreement between the Company and vendors
98 According to one respondent, of almost 380 PDAMs, probably only 50 have internal rules regarding procurement. 99 ‘Focus Group Discussion on Open Contracting and Service Benchmarking Di Sektor Air Minum, Morissey 97 Focus Group Discussion on Open Contracting and Service Benchmarking in Water Sector, Morissey Hotel Hotel Jakarta, 5 August 2019’ (n 90). This statement comes from Vendor K. Jakarta, 5 August 2019’. 100 ibid. This statement comes from Vendor K. 53 54 and informed citizens to translate Water). The consumer body receives stage. The price estimate has also who consider the two aspects as a the information for the general complaints and conducts its own been published by the government way of marketing.109 public.101 Priorities for the public assessment with respect to the and the proposed price of the to be involved in the procurement utility’s performance. As a part of winner is already mentioned when There are concerns for contract process is at the planning phase.102 price determination by Ofwat, CC the winner is selected.106 disclosure due to the lack of However, practices where the public Water conducts interviews on how clarity on the extent of contract is involved in business planning company business plans can affect The assessment finds that disclosing transparency. These concerns process is rarely heard.103 customers – especially when it the full contract will enable vendors come from the confidentiality comes to satisfaction and bills.105 to check competitor’s price and agreement within the contract and Nevertheless, public involvement in The interviews then summarize how their capacity.107 Concerns and some believe that the confidentiality water utilities business planning is a plan is “acceptable” to a consumer. objections were raised by the means the contract should not be actually a common process. There vendors that if a detailed budget disclosed to external parties outside have been practices from across the From the examples of England and of their proposal would also be the ones who signed the contract.110 world on public involvement which Scotland, we can see that there disclosed, this could have negative Until the assessment is carried out, can be adjusted to Indonesian are different ways of involving impacts on their business in the the Information Commission has context. customers in the planning process. long run.108 There will be projects in granted 16 information requests for Both examples show the need which vendors do not put intangible tender and contract documents. For example, the Indonesian PDAMs to somewhat institutionalize the aspects into their proposals, like The Information Commission has can learn from Scotland to learn process through a certain forum or branding for their company when rejected 4 information requests on the process in which the Customer body. they receive a large project. Vendors similar issues due to the identity Forum is consulted on the Scottish might give their discounted price privacy.111 Water’s Business Planning process. Transparency of Contract by taking the intangible aspects Upon development of draft of branding and visibility of their proposals for a business plan for the In terms of contract transparency, company into account. There next strategic review period, there vendors participating in the are concerns showed that when will be a consultation phase with assessment agree that the contract discounted prices are disclosed for the Ministers, Scottish Water and documents can be published as big projects, it will be expected of the customer representatives, which most of the information can already them that the next year they always will also be published for public be known from the process. Some give the discounted price, which comment.104 PDAMs use contract templates from will make companies lose profits. the National Public Procurement This different perspective comes as Another example is from England Agency (NPPA) and the contract the government does not take the where customer representation in content can be taken from the branding and visibility aspects into the water industry is much more template with the price estimate account as opposed to companies formalized through a body called mentioned during the open bidding Consumer Council for Water (CC
101 ’Focus Group Discussion on Open Contracting and Service Benchmarking in Water Sector, Hotel Akmani, 18 September 2019’. 102 ibid. 106 ‘Focus Group Discussion Open Contracting Dan Service Benchmarking Di Sektor Air Minum, Morissey 103 ‘Focus Group Discussion on Open Contracting and Service Benchmarking in Water, Hotel Akmani, 18 Hotel Jakarta, August 5, 2019’ (n 90). This statement comes from Vendor R. September 2019’. 107 ibid. This statement comes from Vendor K. 104 Sarah Hendry, ‘The Customer Forum – Putting Customers at the Centre of Regulating Water Services’ (2016) 108 ibid. This statement comes from Vendor R. 18 Water Policy 948. 109 ibid. This statement comes from Vendor Y. 105 ‘Setting Price Controls for 2015-20 Final Price Control Determination Notice: Company-Specific Appendix 110 ibid. This statement comes from PDAM Official. – Affinity Water’
matters only. local context. Level the National at Advocacy would be compelled to integrate most information in their possession open contracting principles when is a public document and that drafting regional regulations. Such exceptions to disclosure can only a procurement guideline should be granted to specific items. The include the disclosure of the Central Information Commission drinking water supply system master can issue a guideline listing the plan (RISPAM) and the PDAM’s types of information that a PDAM annual business and investment should disclose and those that plan as well as the requirement to can be excluded from disclosure involve the public in investment pursuant to public interest tests. There is a gap of policy Vendors agree that the planning. as some rules in the contract document can be PDAM’s Transparency Presidential Regulation published as it allows them Although the majority of requests on Procurement doesn’t to check the competitor’s Benchmarking apply to the drinking water price and capacity. for information cases declares company. that contracts by government and At the moment, the Central state/regional-owned enterprises Information Commission should be open by default (except benchmark public bodies in terms for certain types of information of their transparency. However, this pursuant to public interest test), type of benchmarking is too general most state/regional-owned as it is applied to every public body. enterprises do not disclose their There should be a specific category
57 58 of benchmarking for public utilities, because (i) each PDAM has to The present regulation on Regional- formally represent consumer with water utilities as a sub- develop a procurement system Owned Enterprises procurement interest in water utilities. However, category. Such systems can create whereas actually one single provides flexibility for the regional this sort of arrangement is not incentives for a PDAM to compete procurement website can be used government to regulate the detail known in Indonesia. Civil society for a higher level of transparency for all PDAM, (ii) every vendor needs of regional-owned enterprises should advocate for the formation and public involvement. to search various websites in order procurement in their territory of customer forums. to obtain information. However, this and for PDAMs to develop their Uniform Procurement Platform for can also be an opportunity for the own procurement system. PDAM Stakeholders generally agree with open contracting movement. The procurement by law has to be implementing other elements PDAM Conclusion absence of a uniform procurement regulated by the head of the local of open contracting, such as Because of the Government platform means that civil society can government and its details should openness in the announcement of Regulation Number 54 of 2017 propose a procurement platform be enumerated in PDAM Director’s tenders. Stakeholders also agree Article 93, at the moment there are for PDAMs whilst integrating Decree. Most PDAMs are currently in that procurement contracts should no uniform procurement systems open contracting principles. Such the process of transitioning to their be disclosed. One vendor did for PDAMs and each PDAM has to platforms can also incorporate own in-house procurement system. question whether such disclosure develop their own procurement Open Contracting Data Standard The PDAM in Jakarta has just may jeopardize their commercial system. This is costly and inefficient (OCDS). recently transitioned to an in-house interest when they purposely bid system, whereas the PDAM in Bantul low in one project in order to and Semarang have yet to develop obtain the “marketing effect” and Realizing Open Contracting in a Drinking Water Company such a system. Unfortunately, none use market price when bidding on of the PDAMs we evaluated fulfilled other projects. In this respect, full open contracting requirements, contract disclosure should be the both in terms of policy (Head of default position and excision can 1. Drinking water The Central Local Government Regulation and be granted, subject to harm test company doesn’t Information know what Commission to Directors Decree) and in terms of and public interest test pursuant information to issue a guideline its application for their in-house to vendor’s complaint. It is thus be disclosed and to regulate that procurement system. necessary to develop an excision exempted. matter. guidance for document disclosure. With respect to the stages of open contracting, almost all stakeholders This assessment has also identified agree that the business and regional and national policies 2. There is no The Ministry of investment documents should and regulation which should be procurement Home Affairs to be open to the public. This idea reformed in order to implement regulation on in issue a guideline for regional-owned local government to receives support both from PDAM, open contracting. This includes enterprises, create a procurement regional officials and vendors. integrating open contracting including water regulation for regional- Stakeholders also agree that the with Head of Local Government company owned enterprises public should be involved in the Regulation and Director’s Decree planning phase. However, there for regional level reform and issuing are questions with respect to the a Ministerial Regulation on the modes of participation. In foreign guidance of PDAM or regional- The heads of local jurisdictions, such participation owned enterprises procurement Drinking water company government to issue is carried out through consumer which incorporate open contracting to develop a regulation a regulation on on procurement technical procurement in regional- bodies which formally or semi- principles. details based on their owned company, for local context. general matters only.
59 60 What we know so far At National Level from the assessment 1. National Government • There is a need for a specific • The Central Information regulation which integrates Commission and the Ministry open contracting for of Home Affairs can develop procurement by state/regional- a guideline at national level owned enterprises. The Ministry on contract documents that Stakeholders agree of Home Affairs can enact a should be disclosed and types that the public should guideline for procurement by of information that should be be involved in the planning phase. regional-owned enterprises. exempted as public information Such procurement guidelines based on the result findings of Stakeholders agree should include the disclosure harm and public interest test. that the business and of the drinking water supply Recommendations • The Central Information system master plan (RISPAM) investment document Commission can issue guidelines should be open to and PDAM’s annual business Stakeholders agree listing the types of information the public. and investment plan as well as that procurement PDAM should disclose and that the requirement to involve the contract should be can be excluded from disclosure public in investment planning. disclosed. pursuant to public interest tests.
Most drinking water companies in Indonesia 2. Drinking Water Company are in the process of transitioning to their own • Integrate a feature on the input and coordination from the procurement system. PDAM website for vendors to Association of Indonesian Drinking Government at the national receive a notification when the Water Company (PERPAMSI). and local level need to reform PDAM has uploaded the type of policies and regulations on • Develop one website with one information they look for. drinking water company and procurement system for all regional-owned enterprise to • Have a detailed and better PDAM in which every vendor realize open contracting. annual procurement planning can obtain information for all None of the drinking timeline shared with the public tenders procured by PDAMs. This water company fulfill to allow vendors to have a more single procurement website can open contracting requirements competitive bidding. also use the open contracting data standard to ensure a unified • Publish contract documents. standard across PDAM in terms of They can use the template from the information required. NPPA like some PDAMs do. • Disclose a PDAM’s detailed annual • Establish a specific category of procurement and timeline water transparency benchmarking for service-related procurement. This public utilities, with water utilities effort will allow the government as a sub-category. This can be to have more options with more under the supervision of Ministry vendors participating in their of Home Affairs and the Central procurement process. Information Commission with
Clean 62 PDAMWater At Local Level
1. Bantul Regency
a. Drinking Water Company b. CSO, Community Groups and • Semarang Mayor, and procurement • Establish a deliberative Consumer Organizations as the Supervisor of as mandated by the forum for CSOs (and • Communicate more with the Information and Government Regulation No. the public) to provide the Bantul PDAM and Documentation Officer 54 of 2017 on Regional- input to PDAM on their provide input to the PDAM of the city, to issue a Owned Enterprises. business plan and inclusive business and investment regulation that mandates complaint handling plan. government agencies in c. CSOs and Consumer Semarang City to publish mechanism for customers • Involved in preparing Organization and potential customers. their procurement contract the PDAM business plan document. • Involve in the formulation • Create a deliberative that accommodates the of regional regulation on forum in which CSOs can interests of the community. • Semarang Mayor to issue procurement in Regional- a regulation that mandates provide feedback on the • Assist and provide input Owned Enterprises. PDAM governance by the Information and CSOs can provide to the PDAM for the Documentation Officer mainstreaming the open development of SOPs for recommendations to contracting principles to revise Semarang’s the government to make public service as well as to Public Information List within their procurement publish the information to sure that the public are process. by including the contract able to participate in the the community. document as public • Create a more inclusive drinking water company’s • Assist the development of information. procurement process. engagement with the information guidance community and local • Act as infomediaries to in categorizing which data b. Drinking Water Company government by involving and information are public translate information on the not only honorary and which ones aren’t. • Establish a deliberative drinking water company’s employee at the public forum in which the public business and investment works department as • Access the draft regent can discuss various plan to help the public citizen representative but regulation on Regional- issues on water service understand the information. also CSOs, CSOs network, Owned Enterprises in with the drinking water order to provide inputs • Frame open contracting or community groups company and provide advocacy with the right who have concern on and incorporate the open recommendations to the contracting principles. communication language environmental issues to water company as a basis so the public can easily work on the water sector • Develop and strengthen to improve the quality of understand the promoted a CSO network and their service. message. consumer organization. • Develop three standard 2. Semarang City operational procedures on consumers, monitoring, a. Local Government as a basis for PDAM Tirta • Semarang Mayor to issue Moedal, Semarang Drinking a regulation concerning Water Company, to procurement in Regional- develop standard operating Owned Enterprises (BUMD) procedures.
63 64 3. Jakarta Reference
a. Local Government • Involve PAM Jaya’s vendors • Institutionalize the open in a multi-stakeholder contracting initiative in monitoring forum, together Jakarta’s Regional-Owned with PAM Jaya’s consumers. Enterprise (BUMD) by • Make the consumer revising the Governor organization as part of Regulation No. 50 of general strategy towards 2019 on Guideline for post-privatisation Procurement in BUMD, arrangement in Jakarta’s Regional Regulation No. water sector. 13 of 1992 on Jakarta Drinking Water Company b. Drinking Water Company (PAM Jaya), and Regional Regulation No. 11 of 1993 • Publish PAM Jaya’s business on Drinking Water Service plan and Water Supply in Jakarta. System Master Plan (RISPAM). • Issue a regulation as a • Establish a deliberative basis to establish an official forum for consumers and deliberative forum for prospective customers consumers and prospective to monitor the quality of customers to monitor the Jakarta’s drinking water quality of Jakarta’s drinking service. water service system, • Involve the consumer including the procurement organization in formulating process in PAM Jaya. its annual business strategy. • Issue a regulation that • Enact or revise PAM mandates PAM Jaya as the Jaya Director’s Decree regional drinking water on procurement by company to engage with incorporating open the forum consisting of its contracting principles. consumers and prospective customers in formulating its annual business strategy.
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