ANALISIS YURIDIS PEMBATALAN PERJANJIAN BANGUN GUNA SERAH

  • Robi Putri Jayanti Universitas Airlangga

Abstract

The BOT Contract is one of the alternatives for the Government to undertake development quickly without having to bother about budget. BOT Contract’s cost is paid by BOT’s Partners. Subsequently BOT’s Partners have a right to operate the building and / or facilities to get benefit. However, in Permenkeu No. 78/PMK.06/2014 is mentioned that a BOT Contract can be terminated unilaterally by the Goods Manager. PP No. 27/2014 and Permenkeu No. 78/PMK.06/2014 do not regulate the existence of force majeure, but instead stipulates that the obligation of BOT’s Partners is not deleted by the termination of the agreement unilaterally by the Goods Manager. Therefore, it is necessary to study whether the provisions are in accordance with the principles of the treaty and also whether they are in accordance with the justice which is the pillar of the law. Therefore, in order not to harm the BOT’s Partners who do not fulfill their obligations due to force majeure, the replacement of the agreement by replacing the BOT’s Partners must be done so as not to harm the BOT’s partners.

Keywords: Termination of a Unilateral Agreement, Arrangement Agreement to Arrange, Termination of Agreement to Build Serah unilaterally.

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JURNAL MAGISTER HUKUM
Published
2018-04-26