| Full title | Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat Nomor 6 Tahun 2023 tentang Badan Pengatur Jalan Tol |
|---|---|
| Citation | Permen PUPR 6/2023; Berita Negara 2023 No. 341 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Public Works and Public Housing |
| Signed | 17 April 2023 |
| Promulgated | 18 April 2023 |
| Effective | 18 April 2023 |
| Replaces | Permen PUPR 43/2015 |
Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat 6/2023 (Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat Nomor 6 Tahun 2023 tentang Badan Pengatur Jalan Tol) is an Indonesian ministerial regulation that constitutes the Toll Road Regulatory Agency (Badan Pengatur Jalan Tol, BPJT) and sets its functions, membership, secretariat, funding and supervision. It was signed by the Minister of Public Works and Public Housing on 17 April 2023 and took effect on its promulgation on 18 April 2023.[1] It belongs to the body of rules on the organisation of central government bodies described at public administration in Indonesia.
The regulation replaced Permen PUPR 43/2015, the earlier regulation on the same agency. Its preamble gives three reasons: to improve the agency's performance in exercising part of the government's authority over toll roads, to follow the policy of simplifying the bureaucracy, and to replace organisational rules that no longer met the needs of toll road administration; it records that the reorganisation had been approved by the minister responsible for the state apparatus.[2][3]
BPJT is a non-structural body under, and answerable to, the minister. It tenders toll road investment, recommends initial tariffs and tariff adjustments, recommends the takeover of expired or failed concessions, and supervises the concession holders.[4] A secretariat of three divisions and an administrative subdivision supports it, and the ministry's Inspectorate General supervises it.[5][6]
The regulation cites as its legal basis the Roads Law, Undang-Undang 38/2004 as last amended by Undang-Undang 2/2022, and Peraturan Pemerintah 15/2005 on toll roads as last amended by Peraturan Pemerintah 17/2021, together with the presidential regulation on the ministry and the ministry's own organisation regulation.[2:1] It defines a toll road as a controlled-access road that forms part of the road network and is a national road whose users must pay, and a concession as the fixed period granted to a business entity to recover its investment and a reasonable profit.[7]
Pasal 2 establishes BPJT, and Pasal 3 makes it a non-structural body (lembaga non struktural) under and answerable to the minister, seated in the national capital.[4:1] Under Pasal 5 it exercises part of the government's authority over toll roads, namely their commercial operation (pengusahaan). Pasal 6 lists its functions: procuring toll road investment through transparent and open tenders; recommending to the minister the initial tariff and tariff adjustments; recommending the takeover of a concession whose term has ended; recommending the temporary takeover of a concession that has failed, for re-tender; and supervising business entities' performance of their concession agreements, with periodic reports to the minister.[4:2]
BPJT has three members: a head, who is also a member and represents the government element responsible for roads, and two other members. The three members come from the government, drawn from the ministry; from stakeholders, drawn from professionals or academics; and from the community, representing toll road users. The minister appoints and dismisses them after a fit and proper test.[8] The head leads the agency, sets its work plan, reports periodically to the minister, represents it in and out of court, and carries out internal supervision of its management and finances.[8:1]
A secretariat within the ministry supports the agency. It answers to the head of BPJT on technical and operational matters and to the minister on administrative ones, and is led by a secretary of echelon II.a rank.[5:1][9] It comprises a toll road investment division, an asset maintenance monitoring division, a toll road service information systems division and an administrative subdivision, each staffed by functional-position groups. Their functions include preparing concession agreements and amendments, supervising land funding provided by business entities, preparing tariff recommendations, supervising toll collection and service, and managing the non-tax state revenue from toll road concessions.[5:2]
The agency is funded from the ministry's state budget and other lawful sources. The minister provides guidance, the Inspectorate General supervises its performance and its use of funds, and the minister may appoint an independent auditor.[6:1]
Officials and staff of BPJT continued to serve under Permen PUPR 43/2015 until new appointments were made under the 2023 regulation, and Pasal 40 revoked the 2015 regulation, recorded in the text as Peraturan Menteri Pekerjaan Umum Nomor 43/PRT/M/2015 (Berita Negara 2015 No. 1484).[10][3:1]
About a year later, Peraturan Pemerintah 23/2024 on toll roads, issued on 20 May 2024, revoked Peraturan Pemerintah 15/2005 and its amendments, one of the bases the regulation cites. The 2024 regulation defines BPJT in the same terms as the 2023 ministerial regulation and assigns to it the part of the central government's authority that concerns the regulation, commercial operation and supervision of toll road business entities.[11] CRPG's regulatory tracker published an analysis of the ministerial regulation, in Indonesian, on 26 November 2025.[12]
K250 · Work URI /akn/id/act/permen-pupr/2023/6 · RegVault PERMENPUPR_6_2023[P] Permen PUPR 6/2023, Pasal 41 and closing formula (Ditetapkan di Jakarta pada tanggal 17 April 2023; Diundangkan di Jakarta pada tanggal 18 April 2023); Berita Negara 2023 No. 341. regulation_id PERMENPUPR_6_2023. The database record under that id holds only Pasal 34 to 41; the full text was read in the regulation vault's extraction of the Berita Negara copy (LAYER_A_EXTRACTED/PERMENPUPR_6_2023_content.md). ↩︎
[P] Permen PUPR 6/2023, preamble, Menimbang huruf a to d and Mengingat angka 2, 4, 5 and 6. regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 40, revoking Peraturan Menteri Pekerjaan Umum Nomor 43/PRT/M/2015 tentang Badan Pengatur Jalan Tol (Berita Negara 2015 No. 1484). regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 2 to 6. regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 12 to 29 and Lampiran II. regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 36 to 38. regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 1 angka 1, 3 and 5. regulation_id PERMENPUPR_6_2023. ↩︎
[P] Permen PUPR 6/2023, Pasal 7 to 11. regulation_id PERMENPUPR_6_2023. ↩︎ ↩︎
[P] Permen PUPR 6/2023, Pasal 34 and 35. regulation_id PERMENPUPR_6_2023. ↩︎
[P] Permen PUPR 6/2023, Pasal 39. regulation_id PERMENPUPR_6_2023. ↩︎
[P] Peraturan Pemerintah Nomor 23 Tahun 2024 tentang Jalan Tol, Pasal 1 (definition of BPJT), Pasal 4 ayat (3) and Pasal 114; signed and promulgated 20 May 2024, Lembaran Negara 2024 No. 85. regulation_id PP_23_2024. ↩︎
[E] "PERMENPUPR 6/2023: Modernisasi Badan Pengatur Jalan Tol Indonesia", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/permenpupr-6-2023-modernisasi-badan-pengatur-jalan-tol-indonesia/ (free sign-in required on crpg.id) (in Indonesian) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎