LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Build, Operate and Transfer (BOT) represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

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Perubahan Sosial-Ekonomi Masyarakat Petani di Sekitar Pelabuhan Perikanan Pantai Sadeng Gunung Kidul Daerah Istimewa Yogyakarta

Endogami: Jurnal Ilmiah Kajian Antropologi ◽

10.14710/endogami.1.2.104-113 ◽

2018 ◽

Vol 1 (2) ◽

pp. 104

Author(s):

Af’idatul Lathifah ◽

Lydia Christianti

Keyword(s):

Development Project ◽

Infrastructure Development ◽

Economic Changes ◽

Community Activities ◽

Central Java ◽

Farming Community ◽

The People ◽

The Social ◽

The Government ◽

Fishing Area

ONE -- of the infrastructure development project was a port that has been done by the government of Indonesia, Sadeng Beach Fishery Port, in Girisubo District Gunung Kidul Regency, Yogyakarta. The emergence of ports in the area of Sadeng Beach Gunung Kidul brought changes to the community around Sadeng Beach area, considering the population in the area is not a fishing area. This research is an ethnographic research, within the researchers directly involved in various community activities in PPP Sadeng. Initially, the government brought fishermen from Gombong regency, Central Java to initiate the operation of the port. The construction of the harbor at Sadeng Beach is a government effort to improve the economy of the people around Sadeng Beach. However, the construction of ports in the middle of the farming community brings the consequences of socio-economic changes in the community around Sadeng Beach, especially the changes in the economic pattern of farmers to fisherman and the emergence of various types of fishermen in PPP Sadeng, the social cohesion changed among the community including the local fishermen with newcomers, and the emergence of new traditions.

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IMPLIKASI ASAS RETROAKTIF TERHADAP KEABSAHAN AKTA NOTARIS/PPAT DALAM PEMBERIAN HAK GUNA BANGUNAN BAGI PERSEROAN TERBATAS

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2017.v06.i01.p08 ◽

2017 ◽

Vol 6 (1) ◽

pp. 89

Author(s):

Made Gelgel

Keyword(s):

Limited Liability ◽

Land Rights ◽

Land Registration ◽

Legal Norms ◽

Delegation Of Authority ◽

Legal Principle ◽

Agrarian Law ◽

The Government ◽

The Concept Of Law ◽

Year 2013

Further and deeper research into the validity of the Retroactive Principle is required in order to provide assertiveness about the arrangement of Retroactive Principles in the field of agreement law in the Indonesian legal system, especially the Building Rights Agreement in Agrarian Law and the existence of obscure legal norms in the case of the legal Notary / PPAT to the granting right of building use for a period of validity is reviewed according to the provisions of Article 28 of Regulation of Head of National Land Agency Number 2 Year 2013 concerning the Delegation of Authority of Land Rights and Land Registration Activity and by using case approach of PT. Pan Pacific Nirwana Resort. This research is a normative legal research that is derived from the existence of obscurity of legal principle and legal norm contained in the provisions of Law Number 5 Year 1960 on Basic Agrarian Law Basic (UUPA) in the provisions of Article 30 and Article 28 Regulation of Head of National Land Agency No. 2 of 2013 on the Delegation of Authority of Land Rights and Land Registration Activities. The conclusion of this research in Agrarian Law there is legal uncertainty in the concept of law building rights agreement with a period of time that is still running and the future is approved by a new regulation by the government which caused the previous agreement to occur normatively contradictory whether using retroactive or non-retroactive principle and the validity of deed Notary / PPAT in the granting of right to building to limited liability company which is still valid time is reviewed according to UUPA, Article 28 Regulation of Head of National Land Agency Number 2 Year 2013 regarding Delegation of Authority of Land Rights and Land Registration Activity and Article 1320 Privat Law and by using approach case PT. Pan Pacific Nirwana Resort is not valid. Penelitian lebih lanjut dan mendalam terhadap keberlakuan Asas Retroaktif diperlukan dalam rangka memberikan ketegasan tentang pengaturan Asas Retroaktif [1] di bidang hukum perjanjian dalam sistem hukum Indonesia khususnya perjanjian Hak Guna Bangunan dalam Hukum Agraria serta masih adanya kekaburan norma hukum dalam hal keabsahan akte Notaris/PPAT terhadap Perseroan Terbatas dalam pemberian Hak Guna Bangunan yang jangka waktunya masih berlaku dikaji menurut ketentuan Pasal 28 Peraturan Kepala Badan Pertanahan Nasional Nomor 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah serta dengan menggunakan pendekatan kasus PT. Pan Pasific Nirwana Resort. Penelitian ini merupakan penelitian hukum normatif yakni beranjak dari adanya kekaburan asas hukum dan norma hukum yang terdapat di dalam ketentuan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria (UUPA) dalam ketentuan Pasal 30 dan Pasal 28 Peraturan Kepala Badan Pertanahan Nasional No. 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah. Kesimpulan dari penelitian ini dalam Hukum Agraria terdapat ketidakpastian hukum dalam konsep hukum perjanjian Hak Guna Bangunan dengan jangka waktu yang masih berjalan dan ke depannya di sahkan suatu peraturan baru oleh pemerintah yang menyebabkan perjanjian sebelumnya terjadi pertentangan secara normatif apakah menggunakan asas retroaktif atau non retroaktif dan keabsahan Akta Notaris/PPAT dalam Pemberian Hak Guna Bangunan terhadap Perseroan Terbatas yang jangka waktunya masih berlaku dikaji menurut UUPA, Pasal 28 Peraturan Kepala Badan Pertanahan Nasional Nomor 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah jo Pasal 1320 KUH Perdata serta dengan menggunakan pendekatan kasus PT. Pan Pasific Nirwana Resort adalah tidak sah.

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The Loss of Object Promised in Built Operate Transfer Scheme

International Journal of Recent Technology and Engineering - 2 ◽

10.35940/ijrte.d8486.118419 ◽

2019 ◽

Vol 8 (4) ◽

pp. 12094-12097

Keyword(s):

Private Sector ◽

Private Law ◽

Infrastructure Development ◽

Transfer Scheme ◽

Public And Private ◽

Points Of Interest ◽

The Government ◽

Business Entities

Infrastructure development requires relatively large funds. The limited funding owned by the government encourages the government to cooperate with the private sector. The collaboration scheme is known as the collaboration of business entities (PPPs) or built operate transfer (BOT) schemes both concerning public and private law. Existing regulations encourage renegotiation as an effort to find points of interest for the parties.

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Private Initiatives in School Reform in India

10.1093/acrefore/9780190264093.013.432 ◽

2021 ◽

Author(s):

Disha Nawani ◽

Shinjini Sanyal

Keyword(s):

Private Sector ◽

The State ◽

School Education ◽

Indian Children ◽

Government Schools ◽

Government School ◽

For Profit ◽

The Rich ◽

The Government ◽

And Performance

School education in independent India was recognized as an important priority for state support, as it was neglected under the colonial regime. However, due to perceived financial challenges, it was placed in the newly (1950) drafted Constitution under Directive Principles of State Policy, which were nonjusticiable. Although the state provided for school education for the majority of Indian children, there remained several limitations in terms of access, equity, and equality for children belonging to disadvantaged communities. As a result, in India, the private sector, both for profit and nonprofit, played an important role in providing educational access to children. Between 1950 and the 1990s, the government school system struggled, and several learning surveys reported poor learning of school children, especially those studying in government schools. Concurrently, the private sector spread its influence and work in spaces not just for the rich but for the poor as well, and profit became a legitimate central concern. In the mid-1990s, the state initiated a rather aggressive policy of structural economic reform, leading to liberalization, privatization, and globalization. All this was justified in a neoliberal environment where the state started to withdraw from social sectors like health and education, on one hand, and private sector participation was hailed, on the other, in the name of efficiency, accountability, and performance. Public–private partnership became the new buzzword justifying any kind of relationship between the state and private actors.

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PUBLIC PRIVATE PARTNERSHIP: ALTERNATIF PEMBANGUNAN INFRASTRUKTUR DALAM NEGRI

SALAM Jurnal Sosial dan Budaya Syar i ◽

10.15408/sjsbs.v8i2.19967 ◽

2021 ◽

Vol 8 (2) ◽

Author(s):

Fahmi Dzakky

Keyword(s):

Private Sector ◽

Legal Aspects ◽

Public Private Partnership ◽

Infrastructure Development ◽

Literature Study ◽

Private Partnership ◽

Development Agenda ◽

Private Sector Participation ◽

The Government ◽

Business Entities

Sebagai regulator dan fasilitator proyek infrastruktur Indonesia, Pemerintah telah mengundang partisipasi sektor swasta melalui pengaturan Public Private Partnership (PPP) atau yang dikenal juga dengan Kerjasama Pemerintah dengan Badan Usaha (KPBU). Kemitraan Pemerintah-Swasta umumnya dicirikan oleh entitas sektor swasta yang mengumpulkan dana untuk membangun aset yang dibutuhkan oleh Pemerintah, dan menyediakan fasilitas atau layanan sebagai imbalan aliran pendapatan kontraktual dari Pemerintah atau pengguna. Hal ini disebabkan PPP dikatakan efektif untuk dijadikan alternatif pembangunan infrastruktur di dalam negeri. Tulisan ini akan menganalisis mengenai eksistensi PPP sebagai unsur alternatif pembangunan infrastruktur di Indonesia, dilihat dari aspek hukum dan implementasinya. Metode yang digunakan adalah metode penelitian hukum normatif dengan menggunakan studi kepustakaan. Adapun hasil yang diperoleh adalah Pemerintah harus berupaya untuk dapat meningkatkan kualitas kontrak dan perbaikan skema PPP sehingga dapat menarik investor turut membantu pemerintah pada agenda pembangunan infrastruktur dalam negeri.Kata Kunci: PPP, infrastruktur, pembangunanABSTRACTAs the regulator and facilitator of Indonesian infrastructure projects, the Government has invited private sector participation through the regulation of Public-Private Partnership (PPP) or also known as Government Cooperation with Business Entities (KPBU). Government-Private Partnerships are generally characterized by private sector entities that raise funds to build assets required by the Government and provide facilities or services in exchange for a contractual revenue stream from the Government or users. This is because PPP is said to be effective to be an alternative to infrastructure development in the country. This paper will analyze the existence of PPP as an alternative element of infrastructure development in Indonesia, judging by the legal aspects and its implementation. The method used is normative legal research method using literature study. The result obtained is that the Government should strive to be able to improve the quality of contracts and improve PPP schemes to attract investors to help the government on the domestic infrastructure development agenda. Keyword: PPP, infrastructure, development

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Changing perspectives of public health in India: the growing role of health economics

Gates Open Research ◽

10.12688/gatesopenres.13109.1 ◽

2020 ◽

Vol 4 ◽

pp. 14

Author(s):

Nutan Shashi Tigga ◽

Vikash R. Keshri

Keyword(s):

Public Health ◽

Health Economics ◽

Private Sector ◽

Care Delivery ◽

Public Health Care ◽

Regulatory Control ◽

Future Research ◽

Indian Government ◽

The Government

Health economics is a sub-discipline of economics that has significant relevance to public health. The academic discipline of health economics has not evolved in India till now. Since India became independent country, the public health practice in India has revolved largely around public health systems; the private health system has functioned in parallel with negligible regulatory control by the government. The recent launch of a large health insurance program by the Indian government has opened the door of public resources for the private sector in health. It is envisaged that a substantial portion of public money will be diverted to the private sector with little regulation. This situation will potentially change the landscape of public health care delivery in the country. With this change, the role of health economists is bound to increase, given the increased demand for economic evaluation. Ironically, there is a complete dearth of educational institutions offering specialised training in health economics in India. To fulfil this demand-supply gap, there is an urgent need to introduce the discipline of health economics at master’s level within existing university economics departments and schools of public health. Building on this foundation, academic research degrees in health economics can be evolved to fulfil future research gaps.

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ASPEK YURIDIS PASAR MODAL SEBAGAI SARANA PEMBIAYAAN DAN PENGEMBANGAN PERUSAHAAN

Yuriska : Jurnal Ilmiah Hukum ◽

10.24903/yrs.v10i1.258 ◽

2020 ◽

Vol 10 (1) ◽

pp. 13

Author(s):

Suradiyanto Suradiyanto

Keyword(s):

Private Sector ◽

Initial Public Offerings ◽

Capital Market ◽

Infrastructure Development ◽

Investment Fund ◽

Goods And Services ◽

Good Investment ◽

The Government ◽

Public Offering ◽

The Capital Market

Parties that require investment fund is not limited to the government alone, but also other productive sectors of the private sector. If the government usually acts as an initiative taker physical infrastructure development, the private sector (individuals and companies) to act as a driver of economic activity such as attempts commercial production of goods and services calculated based on pure business will be profitable. All this requires a good investment fund short-term nature, such as working capital for the cost of operational needs, as well as long-term funds such as for procurement of fixed assets required. In order to meet the needs of the company will fund as a means of financing and development can be done through various options of financing the company and one of the company's financing alternatives can be done by finding others to participate invest in the company. This can be done by selling the majority ownership of the company to the general public by way of public offering (go public) through the capital market. Initial public offerings made by the company through the capital market can make the company receives cash from the public which can then be used by the company for financing and development of the company

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Private Sector Participation in Infrastructure Development: A NonResident Infrastructure Fund in Bangladesh

10.31219/osf.io/2jmz8 ◽

2019 ◽

Author(s):

Md. Mahmudul Alam ◽

Abu Rashed

Keyword(s):

Private Sector ◽

Mutual Funds ◽

Local Market ◽

Toll Roads ◽

Infrastructure Development ◽

Private Sector Participation ◽

High Return ◽

Private Power ◽

Infrastructure Project ◽

The Government

Infrastructure is considered as the engine of growth for an economy with possibilities of high return for the investors. However, in Bangladesh the infrastructure sector has been suffering a lot due to fund shortage. Bangladesh is one of the highest remittance recipient countries in the world, but the current saving schemes of the country are not enough to attract the non-resident Bangladeshis (NRB). In this situation, an NRB Infrastructure Fund (NIF) can be established, where NRBs will invest in private infrastructure projects like toll roads, private power plant, land and seaport etc. In 2004, the Government prepared the Private Sector Infrastructure Guidelines (PSIG) that emphasized formation of NRB funds for infrastructure sectors. Except for three general mutual funds for NRB under Investment Corporation of Bangladesh (ICB), there has been no other initiative. The viability of the fund remains far below the expectations. This paper proposes an NRB fund for private infrastructure development with option to trade the shares in the local market. The fund will be used for a longer period of time in the company in compliance with the infrastructure project parameters. The paper also provides some technical and commercial proposals for forming such a fund in the country and examines its impacts on the economy as a whole

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ASPEK YURIDIS PASAR MODAL SEBAGAI SARANA PEMBIAYAAN DAN PENGEMBANGAN PERUSAHAAN

Yuriska : Jurnal Ilmiah Hukum ◽

10.24903/yrs.v10i1.264 ◽

2018 ◽

Vol 10 (1) ◽

pp. 13

Author(s):

Suradiyanto Suradiyanto

Keyword(s):

Private Sector ◽

Initial Public Offerings ◽

Capital Market ◽

Infrastructure Development ◽

Investment Fund ◽

Goods And Services ◽

Good Investment ◽

The Government ◽

Public Offering ◽

The Capital Market

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Case Study of Public-Private Partnership on Infrastruc-ture Projects of Tibar Bay Port in Timor-Leste

International Journal of Engineering, Science and Information Technology ◽

10.52088/ijesty.v1i3.79 ◽

2021 ◽

Vol 1 (3) ◽

pp. 11-16

Author(s):

Zeferino Soares Lopes ◽

Fredy Kurniawan ◽

Julistyana Tistogondo

Keyword(s):

Private Sector ◽

National Development ◽

Public Private Partnership ◽

Infrastructure Development ◽

Developed Country ◽

Private Partnership ◽

Timor Leste ◽

The Future ◽

The Government ◽

To Come

Public - Private Partnership (PPP) offers many potential benefits for the government in providing infrastructure facilities. However, the implementation of the Public Private Partnership project is not easy. Infrastructure Development is one of the development priorities in developed and developing countries, including Timor-Leste. As one of the priorities of national development, cost limitations are the main problem faced by the government. Therefore, to overcome the lack of funding, the government can involve the private sector in terms of providing funds to finance the construction of infrastructure facilities.The Government of the Democratic Republic of Timor-Leste (RDTL) must have good regulations to achieve the goals of Timor-Leste in the future through cooperation between the government and the private sector. Good regulation is one of the best ways for good cooperation between the government and the private sector.In this study, the chosen location is the Tibar Bay Port in Timor-Leste. Based on the results of research that has been done, infrastructure development efforts do not have to rely on the Timor-Leste government as a single actor, the involvement of other parties such as the private sector is also needed for infrastructure development. The Government of Timor-Leste is fulfilling a big dream for the the future through the development of infrastructure in accordance with the strategic development plan for 2011-2030 to come, because the Government of Timor-Leste prepares a bright future for a country to become a developed country like other countries.

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