Build Operate Transfer As A Cooperation Of Land Assets Utilization By The National Army Of Indonesia

Abstract

Build Operate Transfer (BOT) agreement  is a cooperation generally carried out by the government and private parties as colleagues by utilizing the land of state assets as an object to build infrastructure. The BOT Agreement is an unknown type of agreement in the Burgerlijk Wetboek (BW) that grows and evolves due to the complementary needs of government and private parties on the principle of mutual benefit. In essence, BOT agreements are made by the government to build infrastructure to support tasks and functions, but there is not enough available funds in the State Budget , so as to involve private parties participating in national development. This study aims to 1. Find the philosophical value of BOT agreement on infrastructure development within the Indonesian National Army; 2. Find the principles of BOT covenant law: 3. Find the ideal concept of BOT agreement form within the National Army of Indonesia. This research applies normative juridical method with legislation, historical and conceptual approach. The theoretical basis used is the theory of authority. the National Army of Indonesia as the subject of the BOT agreement is under the authority of the Minister of Finance as the Goods Management delegated to the Minister of Defense as the User of the Goods. or the Commander of the Armed Forces as the Proxy of the Users of Goods. After delegation of authority, the Minister of Finance shall continue to supervise and control until the end of the agreement period. The results of this study are: first, utilization of state asset land by the National Army of Indonesia in the form of BOT used to carry out the National Army of Indonesia duties and functions in the field of state defense and security; secondly, the legal principles that need to be developed in the regulation of land use of state assets by the National Army of Indonesia in the field of state defense and security include: the principle of military interests, the principle of unity of command, the principle of strong, integrated and universal defense and security; third, the ideal concept of BOT agreement within the National Army of Indonesia is to build defense industry infrastructure, in order to realize Indonesia's strong, advanced, self-sustaining and competitive defense.

Keywords: Build Operate Transfer Agreement,  State Assets Land, the National Army of Indonesia