EQUILIBRIUM PRINCIPLES IN TOLL ROAD CONCESSION AGREEMENT (PPJT): (STUDY OF RISKS AND RESPONSIBILITIES IN PPJT OF DEPOK-ANTASARI SECTION)

Hasan Yusuf, . (2024) EQUILIBRIUM PRINCIPLES IN TOLL ROAD CONCESSION AGREEMENT (PPJT): (STUDY OF RISKS AND RESPONSIBILITIES IN PPJT OF DEPOK-ANTASARI SECTION). Syiah Kuala Law Journal, 9 (1). pp. 207-221. ISSN 2580-9059

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Abstract

This study aims to analyze the application of the equilibrium principle in the Toll Road Concession Agreement (PPJT) for the Depok-Antasari Toll Road. In practice, the PPJT is drafted as a standard contract by the Government. The PPJT reveals an imbalance in provisions, particularly regarding the allocation of risks and responsibilities between the Government and the Business Entity. The Research Method used is Normative Juridical with a legislative, Analytical, and Conceptual Approach. The study was conducted by analyzing contractual documents (PPJT) and literature related to Public-Private Partnerships (PPP). The findings indicate an imbalance in the responsibilities imposed on the Business Entity, as stipulated in Article 2.8 of the PPJT. To address this issue, a renegotiation clause becomes a critical mechanism that can provide flexibility for both parties in adapting to changing conditions. Additionally, Government support, such as land acquisition, financial guarantees, and transparency in toll tariff regulations, is necessary to uphold the equilibrium principle and ensure project sustainability. In conclusion, the application of the equilibrium principle requires the inclusion of a renegotiation clause to enhance fairness in PPPs and support the success of infrastructure projects.

Item Type: Article
Additional Information: [No. Panggil: 2110611113] [Pembimbing: Satino] [Penguji 1: Ali Imran Nasution] [Penguji 2: Citraresmi Widoretno Putri]
Uncontrolled Keywords: Equilibrium Principle, Renegotiation Clause, PPJT, PPP, Toll Road
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: HASAN YUSUF
Date Deposited: 12 Feb 2025 07:42
Last Modified: 12 Feb 2025 07:42
URI: http://repository.upnvj.ac.id/id/eprint/36203

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