Karya Ilmiah
TESIS (1456) - Penerapan Asas Proporsionalitas Dalam Kontrak Bangun Guna Serah (Build Operate Transfer Contract)
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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