• M. Adnan Lira Indonesian Muslim University, Makassar, Indonesia
Keywords: Build-Openrate and Transfer; Cooperation; Contract;


A form of cooperation between the government and business entities in providing infrastructure for the public interest by referring to specifications previously determined by the government or parties representing the government officially, where some or all of it uses resources owned by the business entity, taking into account the distribution of risks between the parties involved in the collaboration [1]. Government cooperation with business entities for infrastructure development is outlined in the Build-Openrate and Transfer (BOT) model. The research method that the author uses in this research is normative juridical, namely research that examines written legal norms by referring to related legal provisions. The prospect of implementing BOT in Indonesia legally can be carried out based on freedom of contract and good faith, new regulations by the government, and the opening of Indonesia in the era of globalization to contracts that have been accepted internationally. Economically, BOT can support and facilitate development and business activities, whether carried out by individuals, companies, or the government. The obstacles encountered in implementing BOT include the inadequate substance of statutory regulations and law enforcement practices, including unsupportive jurisprudence. Convoluted bureaucratic interference in the process of building public facilities, as well as the long BOT period, which allows for changes in the parties involved in the BOT, creates doubts for parties who have no experience as BOT recipients.


Download data is not yet available.


Agnes M. Tonar. 1997 Negotiations and Business Agreements. Writing on executive cadre training held by the Hasanuddin University student development study forum.

Andjar Pachta Wirana. 1994. Research on the Legal Aspects of Build Operate and Transfer (BOT) Agreements, Jakarta: National Legal Development Agency, Ministry of Justice of the Republic of Indonesia.

Anita Kamila. 2020. Application of the Principle of Proportionality in the Utilization of State Assets Through the Build Operate and Transfer/BOT Model, Journal of Law & Development, Vol. 50 No. 30.

Anita Kamilah. 2013. Bagun Guna Serah (Build Operate and Transfer/BOT) Building Without Having to Own Land (Perspectives on Agrarian Law, Contract Law and Public Law), Bandung: Keni Media.

Clara Sahati Astuti, "Government Build Operate Transfer (BOT) Cooperation with Business Entities in Infrastructure Development in Indonesia", Kertha Semaya Journal, Vol. 10 No. 8.

Dahlia Dewi Apriani, Fadjrin Wira Perdana, H. Irwan, "Political and Legal Disharmony of Port Management in Shipping Legislation ", Indonesian Journal of Social Science, Vol. 2 No. 10.

Dian Sera Bambang Utoyo Sutiyoso, Sasana Putra. 2019. "Public Private Partnership (KPS) as an Effort to Develop South Lampung's Radin Inten II Airport", Lampung Balitbangda Journal, Vol. 7 No. 1.

Irawan Soerodjo. 2016. Contract and Defense Law; Build, Operate and Transfer (BOT) Land Agreement, Arrangements, Characteristics and Practices. Yogyakarta: Laksbang Pressindo.

Likadja, FE. 1998. Economic Law-Lecture Materials II and III in the Hasanuddin University undergraduate program, edge of view.

Muhammad Tang Abdullah. 2020. Public Private Partnership in Providing Public Service Infrastructure: Experiences of Indonesia and India, Journal of Administrative Sciences, Vol. 9 No. 2.

Niken Ayu Istifani, Paramita Prananingtyas. 2022. Management and Benefits of Village Assets through Building, Operate, and Transfer (BOT) Agreements. Notarius, Vol. 15 No. 2.

Peter Mahmud Marzuki. 2010. Legal Research, Jakarta: Prenada Kencana Media.

Putu Samawati. 2021. Port Concessions Form the Delegation of Port Management to Port Business Entities, Repertorium: Scientific Journal of Notarial Law, Vol. 10 No. 2.

Rahmat Ramadhani, Ramlan. 2019. The Build Operate and Transfer (BOT) Agreement at Merdeka Meda Field in View of State Administrative Law and Business Law, De Lega Lata: Journal of Legal Studies, Faculty of Law, UMSU, Vol. 4 No. 2.

Ramadhan Try Adriansya, Raja Pangestu, Amrie Firmansyah. 2022. Application of ISAK 16 to Service Concession Agreements Case Study: PT Indonesia Power, Journal of Law, Administration, and Social Science, Vol. 2 No. 1.

Sri Mamudji, et al. 2005. Research Methods and Legal Writing, (Jakarta: Publishing Agency, Faculty of Law, University of Indonesia.

Sunaryati Hartono, CFG, 1998, Indonesian Economic Development Law. Binabuat, Bandung.

Talitha Belvarini Candranigrum, Izzah Khalif Raihan Abidin, 2021, "Legal Aspects of the Establishment of Toll Road Business Entities by Aisng Investors in Indonesia", Kawruh Abiyasa Journal: Multidisciplinary Periodical Scientific Journal, Vol. 1 No. 1.

Velloor Ravi. 1997. Group Losing Internet in Bangalore Airport Project: Indian Govt's Build-Own-Transfer Conditions Cited, The Straits Times.

How to Cite