REIFON CRISTABELLA EVENTIA, 031217017334 (2017) PRINSIP HUKUM DALAM PEMBENTUKAN DAN PELAKSANAAN KONTRAK BANGUN GUNA SERAH (BUILD, OPERATE AND TRANSFER/BOT). Disertasi thesis, Universitas Airlangga.

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Abstract

The Build, Operate and Transfer (BOT) represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this legal research are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. The type of this research is the normative study and the approach of this research are conceptual approach, statute approach, case approach and comparative approach. There are two results in this research. Firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of proportionality and the principle of risk management should be clearly stated in the rules and legal norms.

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