Emir Fabrian Marino, . (2024) PERLINDUNGAN HUKUM TERHADAP PIHAK SWASTA PADA KONTRAK BUILD OPERATE TRANSFER DALAM SENGKETA PEMBATALAN KONTRAK SEPIHAK DARI PEMERINTAH. Jurnal Interpretasi Hukum, 4 (2). pp. 405-415. ISSN 2746-5047
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Abstract
The Build Operate Transfer (BOT) scheme has become the government's main choice in financing infrastructure projects as it provides significant benefits to the parties involved. However, there are often associated problems and risks, especially in the context of unilateral contract cancellation. Therefore, legal protection for the parties in the context of BOT contracts becomes very important because it involves large investments in long-term infrastructure projects. The type of research used in this study is normative legal research, which adopts a statutory and case approach. This approach allows the author to analyze the existing legal framework and examine how it is applied in concrete cases. The data analysis technique used is qualitative, which involves the interpretation of legal materials as the first step, which is generally done in normative legal research. The results show that although BOT contract law in Indonesia is well-regulated, there are still some problems that arise in its application, particularly in relation to disputes over unilateral contract cancellation. Therefore, it is important for the government to ensure legal certainty for investors and other private parties so that the investment climate through BOT contracts can grow and develop well in Indonesia. To increase its effectiveness, it is recommended that future BOT legal arrangements include general provisions relating to BOT projects, tenderization and negotiation processes, agreement mechanisms, and project supervision. In addition, environmental, social, and financing aspects also need to be considered in the legal arrangements. Thus, it is hoped that the risk of conflict in future BOT contracts can be minimized and legal certainty can be increased.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2010611120] [Pembimbing: Atik Winanti] [Penguji 1: Ridha Wahyuni] [Penguji 2: Taupiqqurrahman] |
| Uncontrolled Keywords: | Build Operate Transfer (BOT); Contract Cancellation, Legal Protection; Infrastructure Investment; Legal Setting |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | EMIR FABRIAN MARINO |
| Date Deposited: | 30 Aug 2024 09:02 |
| Last Modified: | 30 Aug 2024 09:02 |
| URI: | http://repository.upnvj.ac.id/id/eprint/30752 |
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