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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Meta-Yuridis Jurnal Ilmu Hukum The Juris Awang Long Law Review Unes Law Review Jurnal Hukum Volkgeist Pena Justisia: Media Komunikasi dan Kajian Hukum SIGn Jurnal Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Ekasakti Jurnal Penelitian dan Pengabdian (EJPP) Journal of Health Quality Development (JHQD) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Training and Community Service Adpertisi Sahabat Sosial: Jurnal Pengabdian Masyarakat Golden Ratio of Law and Social Policy Review (GRLSPR) Aspirasi : Publikasi Hasil Pengabdian dan Kegiatan Masyarakat Journal Delik Adpertisi
M Adnan Lira
Universitas Muslim Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Dentistry Economics, Econometrics & Finance Education Engineering Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Nursing Physics Public Health Social Sciences Veterinary Other

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Journal : Awang Long Law Review

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PROSPECTS FOR IMPLEMENTATION OF BUILD OPERATE AND TRANSFER IN INDONESIA Lira, M. Adnan
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.993

Abstract

A form of cooperation between the government and business entities in providing infrastructure for the public interest by referring to specifications previously determined by the government or parties representing the government officially, where some or all of it uses resources owned by the business entity, taking into account the distribution of risks between the parties involved in the collaboration [1]. Government cooperation with business entities for infrastructure development is outlined in the Build-Openrate and Transfer (BOT) model. The research method that the author uses in this research is normative juridical, namely research that examines written legal norms by referring to related legal provisions. The prospect of implementing BOT in Indonesia legally can be carried out based on freedom of contract and good faith, new regulations by the government, and the opening of Indonesia in the era of globalization to contracts that have been accepted internationally. Economically, BOT can support and facilitate development and business activities, whether carried out by individuals, companies, or the government. The obstacles encountered in implementing BOT include the inadequate substance of statutory regulations and law enforcement practices, including unsupportive jurisprudence. Convoluted bureaucratic interference in the process of building public facilities, as well as the long BOT period, which allows for changes in the parties involved in the BOT, creates doubts for parties who have no experience as BOT recipients.
PROSPECTS FOR IMPLEMENTATION OF BUILD OPERATE AND TRANSFER IN INDONESIA Lira, M. Adnan
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.993

Abstract

A form of cooperation between the government and business entities in providing infrastructure for the public interest by referring to specifications previously determined by the government or parties representing the government officially, where some or all of it uses resources owned by the business entity, taking into account the distribution of risks between the parties involved in the collaboration [1]. Government cooperation with business entities for infrastructure development is outlined in the Build-Openrate and Transfer (BOT) model. The research method that the author uses in this research is normative juridical, namely research that examines written legal norms by referring to related legal provisions. The prospect of implementing BOT in Indonesia legally can be carried out based on freedom of contract and good faith, new regulations by the government, and the opening of Indonesia in the era of globalization to contracts that have been accepted internationally. Economically, BOT can support and facilitate development and business activities, whether carried out by individuals, companies, or the government. The obstacles encountered in implementing BOT include the inadequate substance of statutory regulations and law enforcement practices, including unsupportive jurisprudence. Convoluted bureaucratic interference in the process of building public facilities, as well as the long BOT period, which allows for changes in the parties involved in the BOT, creates doubts for parties who have no experience as BOT recipients.
Co-Authors Asriati Buana, Andika Prawira Eka Saputra, Imran Firman H Indriati Amirullah Kurniawati Kurniawati Lili Purnamasari Muh Fadli Faisal Rasyid Muhammad Masdar Nasiratunnisaa Mallappiang Pannyiwi, Rahmat Rahmat, Rezqiqah Aulia Sima, Yenni Syafaruddin Syafaruddin Veny Usviany Wikra Wardhana Mamonto, Moch. Andry