1. DONNY SARDO LUMBANTORUAN - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang,
Semarang.
2. BUDI SANTOSO - Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH.,
Tembalang, Semarang.
3. YUNANTO - Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH.,
Tembalang, Semarang.
The purpose of this study is to analyze: 1) What is the system of the Build-and-Handover Agreement in terms of law in Indonesia; 2) What is the ideal legal solution in the event of the destruction of the object agreed in the handover building contract (BGS)? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Legal review of the Build Serah Agreement (BGS) has been regulated in Government Regulation Number 6 of 2006 concerning Management of State/Regional Property began to find the definition of Build Operate and Transfer in laws and regulations, namely in Article 1 number 13 of Government Regulation Number 6 of 2006 concerning Management of State/Regional Property, Jo. Article 1 number 14 of the Regulation of the Minister of Home Affairs Number 17 of 2007; 2) Ideal Soulsi Against the Destruction of the Agreed Object, it would be better if in the termination of the unilateral agreement by the Goods Manager, the opportunity is given to the Bangun Guna Serah Partner to prove that he did not make a mistake on the basis of intentionality. In addition, if the Bangun Guna Serah Partner who has not made a mistake is considered unable to carry out the Bangun Guna Serah Agreement, then the Agreement should be transferred to another party and not impose obligations on the Bangun Guna Serah Partner completely without giving him any rights.
Legal Review, Handover Build Contract (BGS), Ideal Solution, Destruction of Agreed Objects.