Manuscript Title
IMPLEMENTATION OF LOCAL GOVERNMENT COOPERATION AGREEMENTS WITH THE PRIVATE SECTOR WITH THE BUILD, OPERATE AND TRANSFER (BOT) MODEL IN INFRASTRUCTURE DEVELOPMENT
Author(s)
Indra Mardiana, Budi Santoso, Yunanto
Published: 05-07-2025
About The Author(s):
1.Indra Mardiana - 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. Yunanto- Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
This study aims to find out and analyze the extent of the effectiveness of the Build Operate And Transfer (BOT) Agreement Model between Regional Governments and the Private Sector in Infrastructure Development; and to find out how the Implementation of Regional Government Cooperation Agreements with the Private Sector with the Build Operate and Transfer (BOT) Model in Infrastructure Development. The results of the study show that: The effectiveness of BOT agreements between local governments and private parties does not have a clear legal basis because the contracts made have different characteristics from private and public laws. The provisions of this BOT agreement are only based on the Civil Code regarding the conditions for the validity of the agreement, the validity of contact and achievement, Government Regulation Number 27 of 2014 concerning the Management of State/Regional Property, and Law Number 9 of 2015 concerning Regional Government, The position of the government in the BOT agreement on the development of regional assets is not the same as that of the private sector because of the inherent privileges starting from the formation stage, implementation and enforcement of laws that follow the principles of private law and are subject to public law;
Keywords
Implementation, Agreement, Cooperation, Local Government, Private Party, Model, Build Operate And Transfer (BOT), Development, Infrastructure.