Rest and Service Area ("RSA") is an essential service for toll road users, hence it is crucial to ensure that RSA meets their needs and interests. By virtue of Minister of Public Works and People Housing Regulation Number 28 of 2021 on the Rest and Service Area on Toll Roads (“MoPWH Reg. 28/2021”), the Government provides the framework for RSA to fulfil such necessities, which also serves as the implementing regulation of Government Regulation Number 15 of 2005 on Toll Road as recently amended by Government Regulation Number 17 of 2021. MoPWH Reg. 28/2021 presents new provisions to make rest assured that RSA will be provided for the benefit of the toll road user. In addition to the new provisions, the MoPWH Reg. 28/2021 also amends the previous provisions regarding RSA, which were previously provided by the Minister of Public Works and People Housing Regulation Number 10/PRT/M/2018. Due to its significant breakthrough, MoPWH Reg. 28/2021 may be deemed as the starting point for the new era of RSA business regulation.

1. Legal Brief
New Era of Rest and Service Area
Business

2. Government Regulation Number 15 of
2005
Toll Road Concession Agreement
Minister of Public Works and People
Housing Regulation No.10/PRT/M/2018
2005
Provision regulates Rest and Service Area shall
be provided for the benefit of toll road users on
intercity toll road.
Minister of Public Works and People Housing
issued implementing regulation related to Rest
and Service Area.
New implementing regulation related to Rest and
Service Area.
Toll road business entity could conduct
Rest and Service Area as other
businesses.
Provision regulates Rest and Service Area Business
is carried out by accommodating micro, small, and
medium enterprises through partnership scheme.
Minister of Public Works and People
Housing Regulation Number 28 of 2021
Amendment of Toll Road Concession
Agreement
Amendment of Government Regulation
Number 15 of 2005 by Government
Regulation Number 17 of 2021.
2006
2018
2021
2021
2022
2022
Provision regarding obligation to
accommodate micro, small, and medium
enterprises in Rest and Service Area.
Toll road business entity may take over Rest and
Service Area, which the fund for such action
could be included in the business plan.
Amendment of Law Number 38 of 2004 by
Government Regulation in Lieu of Law
Number 2 of 2022 which has been enacted as
Law by virtue of Law number 6 of 2023.
Legal Framework
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3. The current regulation of RSA is provided by Minister of Public Works and People Housing Regulation Number 28 of 2021 on the Rest and
Service Area on Toll Roads (“MoPWH Reg. 28/2021”), which revokes the Minister of Public Works and People Housing Regulation Number
10/PRT/M/2018. Below are the key points of the new governance:
RSA Development
The development aims to improve
the service quality in form of
additional promotion area, mobility
area, as well as development for
tourism and industrial area.
MoPWH Reg. 28/2021 governs the
transfer mechanism of RSA due to the
non-functionality.
The operational guarantee fee of RSA
would be utilized in the event that the
operators of RSA unable or neglect
the fulfilment of MSS.
MoPWH Reg. 28/2021 provides that
RSA is classified into Urban RSA and
Intercity RSA with new requirements
for the provision of facilities.
1. 2.
4. 5.
3.
The current governance
provides additional details on
the closure of RSA due to the
non-compliance of TRMSS.
Consequences for the
Non-Functional of RSA
Reclassification of RSA
and Provision of Facilities
Closure of RSA RSA Operational Guarantee Fee
General Concepts
Toll Road
Urban Toll Road
Intercity Toll Road
RSA Business Toll Road Minimum Service Standards (TRMSS)
Toll Road Business Entity (TRBE)
Rest and Service Area (RSA)
Public roads that are part of
the road network system and
as national roads whose users
are required to pay a toll.
Toll roads located in urban areas or
connecting between urban areas.
Toll roads that connect
between cities.
Resting area equipped with various
public facilities for toll road users, so
that both drivers, passengers, and their
vehicles can rest temporarily.
A legal entity operating in the
Toll Road business sector.
Funding, technical planning,
implementation of construction, operation,
and maintenance to carry out the RSA.
Measurement of the types and quality
of basic services that must be achieved
in the implementation of Toll Roads.
Commercial Area
The area within the RSA location which
includes restaurants, stalls or kiosks, mini-
supermarkets, food courts, automated teller
machines, toll card top-up facilities, urinal,
repair shops, public refueling stations, and
other facilities.
New Framework of Rest and Service Area
A H R P L e g a l B r i e f

4. means resting area
equipped with various public facilities
for toll road users, so that the drivers,
passengers, and their vehicles
can rest temporarily.
Intercity RSA and Urban RSA are provided by TRBE
in accordance with technical and administrative provisions.
RSA may be provided on Urban Toll
Roads for the benefit of toll road users.
RSA
RSA must be available on Intercity
Toll Roads for the benefit of toll road users.
RSA consists of Urban RSA and Intercity
RSA.
Overview of RSA
A H R P L e g a l B r i e f

5. 01
02
Urban RSA
Intercity RSA
• Urban RSA shall have land area of ​​at least 1 hectares with the front
width parallel to the Toll Road at least 100 meters.
• The distance between Urban RSA and other RSA is at least 10
kilometers.
• Urban RSA shall provide public facilities as follows: (i) automated teller
machines with toll card top-up facilities; (ii) parking space; (iii) urinal;
(iv) worship place; (v) minimarket; (vi) gas station; (vii) electric refuelling
station; (viii) disabilities and lactation facility; (ix) green open space; (x)
recycled water and sewage treatment; and (xi) fire fighting facilities
including special extinguishers tools for toxic and hazardous materials.
• Urban RSA shall provide a commercial area at least 800 square
meters, areas for SME at least 30% of the abovementioned
Commercial Area, and 70% for local and regional products.
• Intercity RSA is classified into 3 (three) types as follows: Type A
Intercity RSA, Type B Intercity RSA, and Type C Intercity RSA.
• Type of Intercity RSA can be altered to other types in accordance with
the needs of toll road users.
• Type A Intercity RSA shall have land area of ​​at least 6 hectares with
the front width parallel to the toll road at least 150 meters.
• Type B Intercity RSA shall have land area of ​​at least 3 hectares with
the front width parallel to the toll road at least 100 meters.
• Type C Intercity RSA shall have land area of ​​at least 2500 square
meters with the front width parallel to the toll road at least 25 meters.
• Intercity RSA shall provide public facilities according to their types.
RSA CLASSIFICATION TYPE OF INTERCITY RSA
Minimum public facilities for each types of Intercity RSA are
as follows :
Type A Intercity RSA
(i) automated teller machines with toll card top-up facilities;
(ii) urinal; (iii) medical clinic; (iv) workshop for vehicles that
have minor accidents; (v) shop or kiosk; (vi) minimarket; (vii)
worship place; (viii) gas station; (ix) restaurant; (x) green
open space; (xi) parking space; (xii) electric refuelling
station; (xiii) recycled water and sewage treatment; and (xiv)
fire fighting facilities including special extinguishers tools for
toxic and hazardous materials.
Type B Intercity RSA
(i) automated teller machines with toll card top-up facilities;
(ii) urinal; (iii) shop or kiosk; (iv) minimarket; (v) worship
place; (vi) modular gas station; (vii) restaurant; (viii) green
open space; (ix) parking space; (x) electric refuelling station;
(xi) recycled water and sewage treatment; and (xii) fire
fighting facilities including special extinguishers tools for
toxic and hazardous materials.
Type C Intercity RSA
(i) urinal; (ii) shop or kiosk; (iii) worship place; (iv) parking
space; (v) fire fighting facilities including special
extinguishers tools for toxic and hazardous materials; and
(vi) other temporary supporting facilities.
COMMERCIAL AREA The Commercial Area at Intercity RSA must meet the following conditions:
a. minimum land area:
i. 1,000 square meters, for type A Intercity RSA; and
ii. 800 square meters, for type B Intercity RSA;
b. shop or kiosk area with an area of at least:
i. 300 square meters, for type A Intercity RSA; and
ii. 240 square meters, for type B intercity RSA;
c. provide local and regional products at least 70% (seventy percent);
d. the product being sold is a product that is harmless and non-toxic as well as food that is suitable for
consumption;
e. every product sold must clearly state the selling price; and
f. TRBE may reject products that do not comply with the provisions of laws and regulations.
a. Urban RSA shall provide
Commercial Area with minimum
land area 800 square meters.
b. Urban RSA shall provide area for
micro, small, and medium
enterprises at least 30% of the
Commercial Area.
c. Urban RSA must provide 70% for
local and regional products.
Classification and Type of RSA
A H R P L e g a l B r i e f

6. Addition of specific product
promotion areas and regions as
well as micro,small, and
medium enterprises promotion.
The RSA development is
determined based on
identification of local needs and
support for the logistics,
transportation, tourism and
industrial sectors.
Addition of transfer
location area for people
and goods or logistics.
Development for
tourist destinations
and industrial area.
KEYNOTES
RSA development is carried
out by adding new land by
considering at least the
minimum area of each
facility, parking duration, and
demand analysis.
Activities within the developed
area of RSA must not disrupt
the main function and traffic
movement patterns of the Toll
Road and within the
operational of RSA.
To improve the quality of Toll Road services, RSAcan be
developed by adding other supporting facilities in the form of:
RSA Development
A H R P L e g a l B r i e f

7. 01
02
03
04
In the event that RSA is already in operation yet unable to be utilized due to
construction by other parties, the RSA must be replaced with the same area and
type in the affected Toll Road section. In this regard, the replacement of the RSA
becomes the full responsibility of the party carrying out the construction.
In the event that the developed RSA is no longer functioning, the operator of the developed RSA
must hand over the land for RSA which is a Toll Road asset to toll road management agency.
In the event that the RSA is no longer functioning, the operation of the RSA
may be carried out through a partnership scheme with the land-owner with the
approval from the Government.
In the event that the RSA operator does not continue to operate the RSA, the RSA operator
may transfer the RSA to another party after obtaining approval from the Minister of Public Works and
People Housing, whereby the transfer may be conducted through cooperation with the land-owner.
Consequences for the Non-Functional of RSA
A H R P L e g a l B r i e f

8. RSA Permit
Build
Operate
and
Transfer
Build
Own
and
Operate
Operation
and
Maintenance
Contract
At the end of the cooperation period,
RSA shall be transferred to the TRBE.
In practice, there is an arrangement
between the TRBE and the Partner (for
RSA type A) whereby the Partner shall
provide RSA type B near the RSA type A
to be given to the TRBE at the end of the
cooperation period.
• RSA Business is conducted by TRBE.
• TRBE may cooperate with business entity and/or legal entity (“Partner”) in conducting RSA Business.
TRBE shall carry out the
land acquisition and
construction for RSA.
Operation
and
Maintenance
Contract
Land acquisition for RSA
may utilize the funds
originating from the
Government and/or TRBE.
Before MoPWH 28/2021 After MoPWH 28/2021
RSA
Type A
RSA
Type B
Urban
RSA
RSA
Type C
Applications for the
RSA permit shall be
submitted by TRBE
to the Minister of
Public Works and
People Housing.
Director General of
Bina Marga and toll
road management
agency will evaluate
the required
documents and
submit
recommendation to
the Minister of Public
Works and People
Housing.
Minister shall issue the
permit based on
recommendation no
later than 3 months
since the application is
accepted.
RSA which has obtained the permit,
must have completed the
construction within maximum
period of 2 years, and in the event
the construction exceeds the
period, the issued permit is
declared invalid, and the TRBE
must submit a new application for
new permit.
Applications for the
RSA permit shall be
submitted by TRBE
to the Director
General of Bina
Marga.
Toll road management
agency will evaluate the
required documents
and submit
recommendation to the
Director General of Bina
Marga.
Director General of Bina Marga
shall issue the permit based on
recommendation no later than 3
months since the application is
accepted.
Cooperation Scheme
A H R P L e g a l B r i e f

9. TRMSS
General Overview of TRMSS
Obligation to fulfill TRMSS
TRBE is obliged to supervise and comply with the TRMSS, both operated by
TRBE or TRBE’s Partner.
1
If RSA fails to comply towards the TRMSS as the result of evaluation carried out
by the toll road management agency twice in a row, TRBE may temporarily stop
the operation of RSA based on the instruction from the toll road management
agency.
2
(Article 8 GR 15/2005)
(Article 82 (1) & 83 (1) MoPWH Reg. 28/2021)
TRMSS includes toll road condition, average speed, accessibility, mobility, and
safety which become the indicators that shall be achieved in the implementation
of toll road management.
1
2 The above indicators shall be evaluated periodically based on the results of
supervisory function.
Detailed provisions in regard to the TRMSS is further regulated in MoPWH
Regulation No. 16/2014.
3
Keynotes
There are several points in regard to the compliance of
TRMSS that needs to be considered, including the followings:
TRBE shall ensure that TBRE’s Partner comply with the
TRMSS given that the administrative sanctions related to the
failure to comply with the TRMSS will be borne by TRBE.
Agreement between TRBE and TRBE’s Partner shall
regulate mitigation if the Partner fails to comply with the
TRMSS.
TRBE along with TBRE’s Partner shall ensure that their RSA
are always in accordance with the most recent regulation
regarding RSA (especially in regard to the TRMSS) along
with its amendment in the nearest future.
Road Condition
On/Off Ramp
Components
of TRMSS for
RSA
Urinal
Vehicle Parking
Lighting
Gas Station
General Workshop
Place to Eat and Drink
Administrative Sanction
TRBE that does not comply towards the TRMSS shall be subjected to
administrative sanctions in the form of:
a. written warning;
b. delay of tariff adjustment;
c. administrative fines; and/or
d. termination of the Toll Road concession agreement.
(Article 51B (1) Law 38/2004)
Compliance of TRMSS and Closure of RSA
A H R P L e g a l B r i e f

10. 01TRBE’s Partner that cooperate with TRBE in the
management of RSA shall submit RSA operational
guarantee fee.
02RSA operational guarantee shall be applicable as long as
TRBE’s Partner still carrying business activities in RSA.
03RSA operational guarantee fee shall be utilized in the
event that the TRBE’s Partner unable and/or negligent to
comply with the TRMSS.
1
2
04The amount of RSA operational guarantee fee is
determined between the TRBE and TRBE’s Partner.
KEYNOTES
3
There is no sanction regulated under the prevailing regulation in relation to
the obligation to provide RSA operational guarantee fee. TRBE and its
Partner determine the sanction from the breach of agreement between them.
The amount for RSA operational guarantee fee shall be calculated in detail to
ensure such fee is sufficient to cover the losses incurred by TRBE for the failure
and/or negligence of its Partner in fulfilling RMSS. If the RSA operational
guarantee fee is not utilized, TRBE shall return the fund to its Partner.
Under the prevailing laws and regulations, there is no explicit arrangement in
regard to the form and disbursement mechanism of RSA operational
guarantee fee. In relation with the abovementioned, such matter shall be
determined between TRBE and its Partner.
4
TRBE shall consider the mitigation if it turns out that the agreed RSA
operational guarantee fee are not sufficient to cover the losses incurred by
TRBE for the failure and/or negligence of its Partner in fulfilling TRMSS.
The RSA that have been fully or partially operational and RSA in the
construction phase prior to the enactment of MoPWH Reg. 28/2021
shall continue to operate until the end of the Toll Road concession
period and must adjust the provisions for allocating land for Commercial
Areas based on MoPWH Reg. 28/2021 no later than 1 (one) year after
the enactment of MoPWH Reg. 28/2021.
Noteworthiness
RSA Operational Guarantee Fee
A H R P L e g a l B r i e f

11. We will continue to follow the developments on this topic and provide additional information as it becomes
available. If you have any questions on this topic, please contact:
Valen Diyen
valen@ahrplaw.com
Hafidz Laksamana Botua
hafidz@ahrplaw.com
Aditya Adam Darmawan
adam@ahrplaw.com
This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not
intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee concerning
the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your
circumstances before deciding to take any action.
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