TINJAUAN YURIDIS "KONTRAK BAGI TEMPATUSAHA" DI PROPINSI DATI I JAWA TENGAHAjuridical Review of "Kontrak Ba Tempat Lisaha" (Contract for Business Site) in Central lava Province

• Main Author: Perpustakaan UGM, i-lib
• Format: Article NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 1996
• Subjects: Jurnal i-lib UGM
• Online Access: https://repository.ugm.ac.id/22950/; http://i-lib.ugm.ac.id/jurnal/download.php?dataId=5876
• Institution: Universitas Gadjah Mada

This research on Juridical Review of "kontrak bagi tempat usaha" in Central Java Province is intended to be a normative research. This research has been conducted with the aim of knowing the application of "kontrak bagi tempat usaha" in the province. Besides, it is aimed to know how it will be if the contract made is not approved by the Minister of Domestic Affairs, and what is the solution of the dispute appearing within the case of "kontrak bagi tempat usaha".The data used in this research are both primary and secondary ones. The data were gathered through field as well as lbrary observations by having interview guidelines and document study as the tools.This research was conducted in the Province of Central Java, and the samples were taken randomly that is 45% among the objects of "kontrak bagi tempat usaha" in the province which have been legally approved by the minister of Domestic Affairs. The location of the samples and investors were based on the sites where the selected objects of "kontrak bagi tempat usaha" were situated. The subjects of .the research covered every Legal. Department Head of the Districts or Municipalities which have been taken as the samples or the staff appointed beside the investors holding the object. The data gathered have been qualitatively analyzed by using a normatively juridical approach whereas the result of the research was performed analytically descriptive.Here are some facts shown by the result of the research. First, "kontrak bagi tempat usaha" has appeared as a cooperative negotiation between the regional government and the investor to build or rebuild a business centre site. The regional government is obliged to provide the land where a business site is possibly erected by giving the status of operation right to investor whereas the whole expense in building is provided by the investor. On the land the investor is given the right to build. The operation of the business site is done by the investor and/or the regional government, and when the term of the contract has been completed, the building together with every facility in it will be handed over to the regional government. Second, "kontrak bagi tempat usaha" is a mixed negotiation having its own particular characteristics, namely the mixture of a tenancy contract law and of letting out of a work contract. Dealing with the characteristics above, any dispute will be handled analogically by applying every element which has appeared in the contract. Third, "kontrak bagi tempat usaha" exists when the reply of the regional parliament is accepted by the investor. The acceptance of the reply means that the contract has been legalized because it shows that the object of the contract has been approved and the contract itself has been based on a rightful cause. The contract will be in effect when it has been ratified by the Minister of Domestic Affairs. Fourth, the ratification of the Ministger of Domestic Affairs will be a condition for the effectiveness of the contract. It will be functioning as a restriction for the contract freedom principles which are commonly recognized in every contract law. Besides, it will also be a tool for preventively administrative supervision. Fifth, a "kontrak bagi tempat usaha" which has never got a ratification from the Minister of Domestic Affairs will be revoked by the law and, considerably, it has never existed. Sixth, any dispute dealing with "kontrak bagi tempat usaha" must be solved in the spirit of brotherhood/togetherness. If the effort does not give any positive solution, the dispute will be brought to a court. There are two kinds of jurisdiction which are legally able to handle it, i.e. a Court with General Jurisdiction and State Administration Jurisdiction. Key words: Contract, "kontrak bagi tempat usaha" (contract for business site, Central Java Province