The Utilization of Lands Asset As Regional Property in Construction of SentraPasar Raya Through Build Operate and Transfer System in Padang City

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 economyand physical development of the region. as solution of this problem, it is necessary to haveencouragement from the private sector that can be done through investment cooperation. agreement ofbuild 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. cahayasumbar raya in the construction of the sentra pasar raya (spr) in padang. there are many things thatneed to be considered in carrying out this cooperation considering that there are many obstacles faced inother regions that are cooperating with samen issues. therefore it is necessary to look at the effectivenessof cooperation chosen. based on background above, the writer is interested to explore this furturecooperation. this paper discussed about the position of padang government on the land and buildingassets of sentra pasar raya which was built by build operate transfer during the period of use by thedeveloper. this research using empirical juridical approach. in empirical juridical method, the results ofthe study constitute basic data in (scientific) research classified as primary data and also supported bysecondary data, in this case legislation relating to financing cooperation agreements that form the basis ofcooperation for building used. based on research the implementation of investment cooperation betweenpadang 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 theparties. referring to the provisions of the civil code book iii concerning commitments. padanggovernment performs an obligation by providing facilities in the form of land and land clearing. whilept. cahaya sumbar raya performs its obligations in the form of building construction and used for 25years (operate). after the period ends building and management will be handed over to padanggovernment. during the utilization period, private sector can take economic benefits from buildingmanagement. the rights of padang government are from taxes and user charges, the utilization of someparts of building and obtaining the building and its management after the agreement ends. in general, theprocess of implementing agreement went smoothly, but could not be separated from the obstacles in itsimplementation.