The Government’s Legal Standing in Build Operate and Transfer Contract

Sarah Selfina Kuahaty ,Anwar Borahima ,Anshori Ilyas ,Nurfaidah Said

doi:10.7176/jlpg/88-13

Abstract

The paper analyzes the government’s legal standing in build operate and transfer contract. This research is a normative-legal research. The research approach uses the statutory and conceptual approaches. The results show that the government action is an action carried out by governmental or state administration organs which are intended to have legal consequences in the field of government or State administration. In doing government actions, the government is a legal subject as the holder of rights and obligations. Therefore, as a legal subject, the government action can be carried out in both public and private law. The position of the government in civil law relatedness is not different from a person or private legal entity as a service provider, so that an equal position in this agreement results in the law that both the government and the cooperation partner can become parties in the civil dispute, so that can realize an equal justice. Keywords: Build Operate and Transfer; Contract; Government DOI : 10.7176/JLPG/88-13 Publication date : August 31 st 2019

Highlights

The government has a duty in the administration of State for the benefit of communities, by fulfilling the various basic needs of citizens
The government as a public servant is in accordance with the nature of the concept of sociale rechtsstaat in the form of “the rights to receive”
The concept of the government as a public servant and the rights to receive in the current context is more directed at public services that must be done by the government for the benefit of the community

Summary

Introduction

The government has a duty in the administration of State for the benefit of communities, by fulfilling the various basic needs of citizens. In the concept of sociale rechtsstaat, the government is encouraged to advance public welfare. In order to achieve shared-prosperity, the government has a dual position that must be conducted at the same time. Both types of government position are related to one another. The government as a public servant is in accordance with the nature of the concept of sociale rechtsstaat in the form of “the rights to receive”.2. The concept of the government as a public servant and the rights to receive in the current context is more directed at public services that must be done by the government for the benefit of the community The government as a public servant is in accordance with the nature of the concept of sociale rechtsstaat in the form of “the rights to receive”.2 The concept of the government as a public servant and the rights to receive in the current context is more directed at public services that must be done by the government for the benefit of the community

Methods

Conclusion