Karya Ilmiah

TESIS (1463) - Tanggung Gugat Kontraktan Dalam Perjanjian Build Operate Transfer (BOT)

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The title of this research is “Parties Liability of Build Operate Transfer
(BOT) Contract”. Generally, the main issues are contractual relation between
local government and investor in BOT contract and legal consequences if the
implementation of BOT contract effects loss to one because of default or unlawful
act (onrechtmaatigedaad). By using normative method through statute approach
and conceptual approach. This study give answer that Build Operate Transfer
(BOT) contract is one form of contract is nameless (onbenoemde overeenkomst)
which was created as the needs of local government in the framework of project
financing and building public facilities needed by people on the land controlled by
local government. BOT contract is one example of government contract, which is
income or non-procurement contract and should be based on specific provisions
regulating the build, operate and transfer namely Government Regulation Number
6 Year 2006 regarding Management of State-owned Property/Region and Minister
of Home Affairs Regulation No. 17 Year 2007 on Guidelines for Technical
Management of Local Property, although in BOT contract is also found the
existence of freedom of contract principle. BOT contract encompas local
government, if the investor did breach, local government will impose sanction to
the investor as set forth in the BOT contract include the termination of the
contract unilaterally, disbursement performance bond, and the imposition of fines
to investor. Nevertheless regulated in wiritng BOT arrangement, if local
government doing default that make losses to investor, then investor can still ask
for the fulfillment of their rights and compensation for losses suffered either
through consultation with local government or by submitting a claim to the Court
or Institute for Dispute Resolution Alternative dispute resolution clauses relies on
the BOT contract. Investor can ask for compensation of material and/or
immaterial form of money to the Government, the extension of the BOT or the
demands of managing other objects along relevant to the loss suffered.
Therefore, implementation BOT contract between Local Government and
investor required intensively supervision done by Special Team, toward property
belong to regional which being as BOT object. Then at the time performed BOT
object submitting again to Local Government, buildings and public facilities
comply with promised specification in the early and its submit be implemented
timely with the end of the term BOT contract duration.

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Ketersediaan

030942005

1463

Ruang Tesis

Tersedia namun tidak untuk dipinjamkan - Digudangkan

Informasi Detail

Judul Seri

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No. Panggil

1463

Penerbit

Surabaya : Fakultas Hukum Unair., 2011

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KONTRAK

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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