DIAN EKO SULISTIYO, 030810569 N (2011) PENERAPAN ASAS PROPORSIONALITAS DALAM KONTRAK BANGUN GUNA SERAH (BUILD OPERATE TRANSFER CONTRACT). Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Infrastructure development is goverment’s responsibility which is funded from Anggaran Pendapatan dan Belanja Negara (APBN) or Anggaran Pendapatan dan Belanja Daerah (APBD). However, establishing infrastructure depending only from APBN or APBD seems impossible since a lot of money is involved in it. Therefore, government needs to work together with private sectors to fund the infrastructure development through Public Private Partnership. One form of Public Private Partnership is known as Build Operate Trasfer Contract/BOT. Built Operate Transfer is a concept where private investors - the "sponsors" - receive a concession to finance, build, and operate a facility over a set period of time, in exchange for the right to charge the users of the facility at a rate which makes the investment commercially viable. At the end of the concession period the facility is turned over to the state. In forming a contract, the principles of contract should be considered closely because they play an important role in supporting the norms of law in contact clauses. The goal of this research is to analyse the principle of law contract, specificly in Built Operate Transfer contract. Moreover, this research in intended to analyse the inforcement of proportionality principle in the whole process of Built Operate Transfer contract, starting from pre-contractual phase, contractual phase through post contractual phase.

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