Manuscript Title

Initiating the Ideal Concept of Authentic Deeds in Public and Private Cooperation Contracts in Infrastructure Development in Indonesia

 

Author(s)

Irwan Anwar, Budi Santoso, Achmad Busro

 

Published: 10-06-2025

 

About The Author(s):

1.Irwan Anwar - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

2. Budi Santoso - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

3. Achmad Busro - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

 

 

Abstract

The purpose of this study is to analyze: 1) What is the configuration of cooperation contracts between government and private business entities in infrastructure development, especially at the city district level? 2) To what extent are regulations able to anticipate and overcome problems that arise in the future related to cooperation contracts between the government and private business entities in infrastructure development? 3) How is the ideal concept of authentic deeds in infrastructure development cooperation agreements between district city governments and private business entities implemented? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The role of the private sector is still needed in national development, and even needs to be improved. Because the government has limitations in financing various strategic projects, while the expected results of these projects are needed immediately considering the increasingly diverse needs of the community. 2) Presidential Regulation of the Republic of Indonesia Number 67 of 2005 concerning Government Cooperation with Business Entities in the Provision of InfrastructureJo PERPRES 13 of 2010 Jo PERPRES 56 of 2011 Jo PERPRES 66 of 2013. Presidential Decree No. 67 of 2005 and its amendments that classify projects in eight types of infrastructure, namely transportation, roads, irrigation, drinking water, wastewater, telecommunications, electricity, oil and gas. For PPP nuanced projects that are not included in the infrastructure sector, others are grouped. Partnership between the government and the private sector is regulated in PERPRES No. 13 of 2010 concerning Amendments to Presidential Regulation No. 67 of 2005 concerning Government Cooperation with business entities in providing infrastructure, as Article 4 Paragraph (1) letter f there are several types of infrastructure that can be collaborated with business entities in the field of telecommunications and information infrastructure, including telecommunications networks and e-government infrastructure3) An authentic deed has perfect evidentiary power. This perfect evidence is contained in both the Civil Code and HIR Article 1870 of the Civil Code "An authentic deed gives between the parties and their heirs or persons entitled thereto, a perfect proof of what is contained therein." Article 165 HIR An authentic deed, is a writing made by or in the presence of a public officer who is authorized to make it, being sufficient evidence for both parties and their heirs and all persons entitled thereto, of all matters referred to in the deed and also in the deed as notice only. 

 

Keywords

Initiate, Concept, Ideal, Authentic Deed, Contract, Cooperation, Government, Private, Development, Infrastructure, Indonesia

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