The Government’s Legal Standing in Build Operate and Transfer Contract

摘要

The paper analyzes the government’s legal standing in build operate and transfer contract. This research is a normative-legal research. The research approach uses the statutory and conceptual approaches. The results show that the government action is an action carried out by governmental or state administration organs which are intended to have legal consequences in the field of government or State administration. In doing government actions, the government is a legal subject as the holder of rights and obligations. Therefore, as a legal subject, the government action can be carried out in both public and private law. The position of the government in civil law relatedness is not different from a person or private legal entity as a service provider, so that an equal position in this agreement results in the law that both the government and the cooperation partner can become parties in the civil dispute, so that can realize an equal justice.