Unlike in other jurisdictions, straightforward corporate power purchase agreements are not possible in Indonesia, as only the Indonesian state-owned power utility PT PLN (Persero) (PLN) and private power developers that have the relevant business area approval can sell electricity to end customers. As a result, there is a general perception among developers and corporates alike that it is not possible to implement corporate PPA structures in Indonesia. In fact, this is not the case, and as the Government of Indonesia makes a big push for rooftop solar schemes, we expect to see an uptick in structures that enable private developers to arrange for electricity generation to customers.

The Government of Indonesia is making a big push to encourage the development of rooftop solar PV projects, in line with the policies it began to introduce with the issuance of Minister of Energy and Mineral Resources (MEMR) Regulation No. 49 of 2018 (“Reg 49”), in order to encourage Indonesia’s solar PV industry, and its global commitments to reduce greenhouse gas emissions. The MEMR has now revoked Reg 49 and replaced it with MEMR Regulation No. 26 of 2021 on Rooftop Solar Power Plants Connected to the Electricity Grid for Public Interest License Holders (“Reg 26”). Reg 26 became effective on 20 August 2021.

A new Minister of Public Works and Housing (“MOPWH”) regulation, Regulation No. 9 of 2019 on Guidelines for Foreign Construction Services Business Entities (“Regulation 9”), came into force on 13 June 2019. Like previous regulations on similar subjects, Regulation 9 requires foreign contractors to engage as their business partners 100%…