The Utilization of Lands Asset as Regional Property in Construction of Sentra Pasar Raya Through Build Operate and Transfer System in Padang City

Abstract

In smoothness of development, it needs several important aspects, one of it is in terms of capital. This becomes very important to note given the limited funds owned by the region in running economy and physical development of the region. As solution of this problem, it is necessary to have encouragement from the private sector that can be done through investment cooperation. Agreement of Build Operate Transfer (BOT) was chosen as a solution to the shortcomings of the Regional Government. One example of an agreement made is the agreement between Padang Government and PT. Cahaya Sumbar Raya in the construction of the Sentra Pasar Raya (SPR) in Padang. There are many things that need to be considered in carrying out this cooperation considering that there are many obstacles faced in other regions that are cooperating with samen issues. Therefore it is necessary to look at the effectiveness of cooperation chosen. Based on background above, the writer is interested to explore this furture cooperation. This paper discussed about the position of Padang Government on the land and building assets of Sentra Pasar Raya which was built by Build Operate Transfer during the period of use by the developer. This research using empirical juridical approach. In empirical juridical method, the results of the study constitute basic data in (scientific) research classified as primary data and also supported by secondary data, in this case legislation relating to financing cooperation agreements that form the basis of cooperation for Building Used. Based on research the implementation of investment cooperation between Padang Government with PT. Cahaya Sumbar Raya as a mutual agreement and mutual benefit. Cooperation contained in a cooperation contract that are containing the rights and obligations of the parties. Referring to the provisions of the Civil Code Book III concerning commitments. Padang Government performs an obligation by providing facilities in the form of land and land clearing. While PT. Cahaya Sumbar Raya performs its obligations in the form of building construction and used for 25 years (Operate). After the period ends building and management will be handed over to Padang Government. During the utilization period, private sector can take economic benefits from building management. The rights of  Padang Government are from taxes and user charges, the utilization of some parts of building and obtaining the building and its management after the agreement ends. In general, the process of implementing agreement went smoothly, but could not be separated from the obstacles in its implementation.