THE PROBLEM OF THE DESTRUCTION OF THE AGREED OBJECT IN CONTRACT BUILD HANDOVER (BGS)
Donny Sardo Lumbantoruan. The problem of the destruction of the object agreed in the Handover Build Contract (BGS). The purpose of this study is to analyze: 1) How is the system of the Surrender Building Agreement in terms of law in Indonesia; 2) What is the ideal legal solution in the event of destruction of the agreed object in infrastructure development as a result of cooperation between the city / district government and swsata? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results of the study show that the provisions governing that the Goods Manager can terminate the Build-and-Handover Agreement unilaterally because the Build-to-Guna Serah Partner does not pay the annual contribution money for 3 (three) consecutive times and does not carry out the reprimand from the Goods Manager, is a provision that does not pay attention to Article 1234 of the Civil Code, which basically states that a person is not obliged to be responsible for non-fulfillment agreement due to force majeure. In addition, the provision that requires Mitra Bangun Guna Serah to continue to perform its obligations as per the Bangun Guna Serah Agreement even though the Bangun Guna Serah Agreement has been terminated unilaterally by the Goods Manager is a provision that is quite detrimental to Mitra Bangun Guna Serah because there is no provision stating that Mitra Bangun Guna Serah can also get its rights as long as he carries out his obligations.
Problem, Contract, Build Surrender, Law.