Karya Ilmiah
DISERTASI (173) - Karakteristik Kontrak Kerjasama Operasi (KSO) Dalam Penyediaan Infrastruktur
Infrastructure is among the important part of the advancement of a
country. With adequate infrastructure, the economy will grow faster due to cheaper,
easier and more efficient flow of trade transactions. To develop infrastructure
requires huge funds, but the government has limited funds to do so. One way the
government can use to overcome the problem is to allow the private sector to
participate in infrastructure development. Completion of infrastructure projects
constitutes a demanding task, requiring expertise, experience and capital adequacy.
To that end, the private sector always involves multiple parties in a partnership set
out in a contract known as the Joint Operation Agreement (JOA).
The legal basis for the JOA is the principle of freedom of contract in
which the parties to the contract are free to determine the content of the agreement,
provided that it does not conflict with law, custom and propriety. In practice, it is
possible that there are parties who cannot perform or fulfill the obligations contained
in the contract. This could definitely lead to cessation of the infrastructure projects in
progress, which is detrimental to the government and the public at large as
infrastructure users. Hence, in anticipation of losses that will occur with the research
methods that focus on the approach of legislation, concepts and comparisons are
expected to strengthen the argument need their strict rules and specific rules
governing the JOA in the provision of infrastructure, both in the stages of formation
and execution of the contract, so that infrastructure projects can be completed in
accordance with the timeframe and conditions required in the contract.
Key words : Infrastructure, Joint Operation Agreement (JOA), Liability
031070530 | 173 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain