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Some of the Mayor’s advisors thought the city should hold PTPK to its contract. They suspected that the illegal bus terminals were being used as an excuse for cancellation. The bus terminal was generating operating profits for PTPK and the city (see Exhibit 2), although not as much as PTPK had hoped for. And the commercial center was to have subsidized the terminal not vice versa. The main problem, these advisors argued, was that PTPK had come to realize that a new commercial center in the south was more financially risky than it had originally thought.
In addition, the city had offered a concesion contract because it could not raise the sums required for the investment, but cancelling the contract would force it to raise comparable sums as compensation to PTPK. The “business value” of the assets was not defined in the contract, and PTPK would insist that it should be the cost of all of its investments to date, which it said amounted IDR 81 billion (US$ 9 million). The alternative proposed by the Mayor’s advisors was the present value of the projected cash flow of the investments, but that would still amount to IDR 41 billion (US$ 4.7 million) and it was unclear that the courts would accept their view.
Finally, cancelling the contract might set a poor precedent for future concesions. What potential concesionaire would bid sincerely if he thought he could exploit some small loophole in the contract to get out of his obligations or force renegotiation?
Other advisors argued that the Mayor should accept PTPK’s decision. The city had already accomplished a lot in that the new terminal was a huge success with bus passengers. And even if the city could force PTPK to live up to its commitment to build a new commercial center on the site, wouldn’t that be a waste of Indonesian resources if the commercial center was not needed or viable?
In addition, the city seemed on weak legal grounds since it had not eliminated all illegal terminals. The city could argue that the illegal terminals were not the main cause of PTPK’s problems, but it seemed unlikely the courts would agree. Moreover the battle might discourage future investors from bidding on municipal projects.
The choice was not obvious and the Mayor wondered how he had become involved in such a difficult situation.