Sabri, Yusril (2025) Asas Kepastian Hukum Dalam Pelaksanaan Perjanjian Build Operate Transfer (BOT) Pada Proyek Pemerintah Guna Percepatan Pembangunan Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

In accelerating infrastructure development in public services in Indonesia to promote a just and prosperous society, the Government of Indonesia is faced with budget constraints. To overcome these obstacles, cooperation with the private sector is a strategic alternative. One form of cooperation that is currently developing in the community is the Build Operate Transfer (BOT) agreement. This agreement allows the private sector to finance, build and operate infrastructure for a certain period of time before handing it back to the government or sharing management with the government. The formulation of the problem in this study is how the implementation of legal protection against the utilization of State / Regional Property in long-term investment with the concept of Build Operate Transfer (BOT) agreement and the implementation of the principle of legal certainty and the obstacles faced in the Build Operate Transfer (BOT) agreement on Government projects in order to accelerate development in Indonesia. This research uses a statutory, conceptual and case approach. The research specification uses normative-empirical legal research. Types and sources of data are primary legal materials, secondary law and tertiary law with data collection methods of literature study and interviews. The implementation of the principle of legal certainty in Build Operate Transfer (BOT) agreements on government projects in Indonesia is a strategic step to create legal stability and predictability. This principle provides clarity on the rights and obligations of all parties, including the government, investors, and the private sector, thus increasing investor confidence because the applicable rules do not change suddenly. However, the implementation of Build Operate Transfer (BOT) and BGS (Bangun Guna Serah) in optimizing unproductive state/regional assets still faces challenges, especially due to ambiguous and multi-interpretive regulations, such as PP No. 28 of 2020, an amendment to PP No. 27 of 2014, Permendagri No. 19 of 2016, and Permendagri No. 7 of 2024. This lack of clarity complicates decision-making and raises investment doubts. Therefore, it is necessary to revise or formulate firmer regulations in the form of laws, in order to provide stronger legal certainty and support the effective implementation of Build Operate Transfer (BOT) and Bangun Guna Serah (BGS) projects.

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